Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023

Lord Khan of Burnley Excerpts

Wednesday 18th October 2023 Lords Chamber

I am completely in favour of the regulations as drafted in the SI. I am pleased to see that we are making progress on aspects of the Elections Act, as well as the Ballot Secrecy Act. I share the concern that the noble Lord, Lord Rennard, expressed that we really need some form of consolidation of election law. The fact that one has to have a document of this size, which is only one of a series, to implement the legislation because we have to confirm it in relation to each of the different elections that we have in this country, also acknowledging that there are varied systems in Wales and Scotland, shows that, at some stage very soon, the Government should get around to consolidating all the elections law. It would be in the interests not only of us but of those who are obliged to administer the multitudinous elements of law so that we can all vote freely and fairly at any given appropriate time.

[Lord Khan of Burnley (Lab)]

My Lords, this instrument applies measures relating to undue influence to police and crime commissioner elections, as well recall petitions and local referenda in England. These provisions seek to provide greater clarity on this offence, including by specifically covering intimidation.

Undue influence and any practice involving intimidation have no place in our voting system. If we want to call our elections free and fair, we must act proactively to stop those who seek to unfairly influence how others vote. It is right that we update the definition of undue influence to accommodate a modern understanding of the phrase in the statute book. The current law was brought into force 40 years ago, and 100% of the respondents to the Protecting the Debate White Paper agreed that a clear definition should be adopted. We welcome this update of the definition of undue influence. It is clear language—not quite the heavenly language my noble friend Lord Jones referred to—and this point was well supported by the noble Lord, Lord Hayward, who has been a great champion and campaigner in this area.

In addition, we welcome provisions to ensure that disqualification orders are effectively enforced and that those served with them cannot stand in relevant elections. We also support the implementation of the Ballot Secrecy Act to the elections covered in this regulation. Alongside that, we welcome clarity on whether a commonly used name can be used on nomination papers.

I want to press the Minister, given that these regulations include provisions relating to influencing individuals to sign petitions: can he explain how these will be applied to e-petitions and can he provide an update on the application of the broader intimidation offences under the Elections Act? Have any charges resulted from these new offences? I look forward to the Minister’s response.

[Lord Mott (Con)]

I thank noble Lords on all sides of the House who have participated in what is turning out to be a relatively short debate. I particularly thank the noble Lord, Lord Jones, for his invitation to Wales; I would be more than happy to visit at any time, and look forward to the very warm welcome which he described. With regard to translation, which I think was the core point of what he asked, as per our existing practice, Welsh forms have been translated by Welsh translation services.

On the comments from the noble Lord, Lord Rennard, I guess that, a few years ago, we would have been in a very different place today, on the eve of two parliamentary by-elections. I think the point he made is incredibly important. It would be wrong for me to do anything other than say that I will come back to him, which I am very happy to do in writing.

My noble friend Lord Hayward also commented on the need to bring election law all together and update it. From a personal point of view, I am very much with him on that. Having had more than three decades in front-line politics, I am aware that there may well be a need for change going forward. I will come back to him in writing, because that is the right thing to do.

My noble friend Lord Hayward asked for clarification on there being no reference to general elections in this SI. For the record, let me make it very clear that the Ballot Secrecy Act 2023 applied the new offences to UK parliamentary elections and local elections in England, as well as to elections in Northern Ireland. These regulations ensure the effective implementation of the Act by extending ballot secrecy offences to police and crime commissioner elections in England and Wales, recall petitions, and local government council tax and neighbourhood planning referenda in England. This is why the Explanatory Notes for the SI do not reference UK parliamentary elections.

Regarding the points made by the noble Lord, Lord Khan, I have not got that information in front of me, but I am more than happy to write to him with an explanation.

In conclusion, these regulations are vital to ensure that the changes already agreed in primary legislation are applied to the relevant electoral conduct rules as intended. Failure to do so would create divergence across reserved electoral law, creating confusion instead of clarity. It would be a negative outcome for electors, as well as for candidates, campaigners and elected office holders, as applying these measures to the relevant election rules will strengthen the integrity of voting and offer further protection to those who wish to take part in public life. I hope noble Lords will join me in supporting these regulations.