Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023

Lord Khan of Burnley Excerpts

Tuesday 19th September 2023 Grand Committee

That said, of course we support these instruments. The Government need to know that they will be scrutinised —by people such as the noble Lord, Lord Hayward, and my noble friend Lord Wallace; this is not my area of specialty. We value very much what the noble Lord, Lord Hayward, does in this area. He goes into it in detail, and I am confident that he will go on doing so, as will my noble friend Lord Wallace and others. The Government need to be on notice: we accept this, but we will watch closely to see what the outcome is and whether it is fair, just and proportionate in its application.

[Lord Khan of Burnley (Lab)]

My Lords, I too send my best wishes to the noble Baroness, Lady Scott, who is not here today, as the noble Lord, Lord Hayward, mentioned. We wish her the best of health. This is a very interesting debate, and I thank the noble Lord, Lord Mott, for sharing the intent of these instruments.

We on these Benches support both Northern Ireland instruments, which are uncontroversial implementations of the Elections Act 2022. As other colleagues mentioned, the draft representation of the people regulations would bring changes regarding postal and proxy voting, otherwise known as absentee voting. We do not seek to refight the battles that took place over aspects of the regulations during the passage of the Elections Act 2022. However, we have concerns, particularly about time-limiting absentee voting methods and the confusion they may cause voters who rely on absentee ballots to cast their vote.

We have concerns regarding the implementation of a three-year limit on postal voting, which this instrument helps to bring into force, as set out in the Representation of the People (England and Wales) Regulations 2001. There will likely be some confusion from many who are accustomed to the current voting system. Furthermore, the unexpected lapse could inadvertently result in their becoming disfranchised. The regulations would bring in a requirement to notify the absentee voter about the expiry of a postal vote and when it will come to an end, but that may not be enough. Will the Minister clarify what steps will be taken to ensure that no one becomes disfranchised as a result of the new regulations?

The changes will place an increased workload on election services staff, who do a fantastic job making sure that our elections run smoothly. The Association of Electoral Administrators is already reported to be struggling due to recent changes and the staffing crisis. What action are the Government taking to ensure that electoral services staff are getting the resources they need to ensure that our elections continue to run smoothly?

We welcome the modernisation of the absentee voting system via a new online digital system. This is expected to help increase the accessibility of postal and proxy voting, making it easier for people to take part in democracy. Across the country, this will provide easy access to the absentee voting system. However, there are potential concerns regarding the implementation stage. Will the Minister update the Committee on progress regarding the implementation of the new digital system? When will it be ready to launch? Crucially, what safe- guards are in place to ensure the full security of electoral record data? The media reported in August that confidence in the UK’s electoral regulator has been thrown into question—a point made by the noble Lord, Lord Bruce —after it emerged that a hostile cyberattack accessing the data of 40 million voters went undetected for a year, and the public were not told for another 10 months. It is not known who the attackers were. Was it a foreign country or a criminal gang?

I will finish by making a point in relation to the digital process. There is a digital process in Northern Ireland already, I believe. There have been some concerns about people losing their digital number. It is not like resetting a password: if you lose your digital number, you have to make contact with the Electoral Office for Northern Ireland. It can take days before your digital number is returned to you. What lessons have been learned from that? Is there any way to make sure that we improve and speed up the process? Ultimately, the concerns raised by noble Lords—

[Lord Weir of Ballyholme (DUP)]

I know from speaking to colleagues across Northern Ireland that the digital registration number—the DRN—has been probably the single biggest problem in recent elections. It is important to note that concern has been raised at times in relation to the Electoral Commission; again, that is something we are keen not to see repeated. There has also been slowness among those dealing with registration in getting back to people and saying that there has been an error with the DRN or that a DRN has not been supplied. The end result is that, if someone is looking to register relatively close to an election, by the time they realise that something is faulty with their application, it has gone beyond the time. It is important that there is a level of recognition there and that we learn from experience to head off that problem.

[Lord Khan of Burnley (Lab)]

The noble Lord makes a critical point. We have to make sure that these issues are dealt with in a speedy, efficient manner; otherwise, it damages democracy and people lose faith in the system.

Noble Lords have made a number of good points in this debate. I want to touch on what our in-house expert, the noble Lord, Lord Hayward, said about the idea of repetition. How do we ensure that people are getting their forms in and know whether they are on the electoral register? What are the Government doing to ensure that we can save time, be more efficient and make it easier for people to vote?

That is a number of questions for the Minister. I look forward to his response.

[Lord Mott (Con)]

My Lords, I thank everybody who has taken part in this debate for their time and incredibly valuable contributions. It is always slightly concerning for a Minister to stand here, having had only 31 years’ experience of working for a political party, when my noble friend Lord Hayward is also in the Room. I am very aware of the level of expertise and knowledge here today.

The noble Lord, Lord Bruce, mentioned regulators, the Electoral Commission and understanding the nitty-gritty of how a political campaign works and how political campaigns operate on the ground. I do not know his former election agent but I am delighted that she will be joining the Electoral Commission.

I thank my noble friend Lord Hayward and the noble Lord, Lord Khan, for passing on their best wishes to my noble friend Lady Scott; I will take them to her personally. I should also put on the record my thanks to the noble Baroness, Lady Bennett, for welcoming “some” of what the Government are currently looking to do. I am a great believer in small steps, and I am very happy that we are making some progress.

Before I respond to some of the more substantive points made today, let me say this: I believe that everybody taking part in this debate believes in democracy and fair elections. That is why we are here. I know that a number of noble Lords mentioned that in their contributions, but it is an important point to make before I getting into responding directly.

On the point from the noble Baroness, Lady Bennett, about voter ID, we are pleased and encouraged by the first rollout of voter identification in Great Britain. We are also pleased that the vast majority of voters in polling stations, 99.75%, were able to cast their vote successfully. We are incredibly grateful for the work that local authorities and other partners undertook in delivering this change.