Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023

Lord Khan of Burnley Excerpts

Tuesday 24th October 2023 Grand Committee

[Lord Shipley (LD)]

My Lords, I shall add one further issue that concerns me, partly from what the Minister said in his introduction and partly from my reading of the instrument. It relates to the definition of “political campaigner”. This appears several times in the statutory instrument. Is a person who is a friend of an independent candidate a political campaigner? The regulations permit an individual to hand in up to five postal votes of other voters at a polling station, but a political campaigner cannot handle a postal vote. Therefore, the definition of a “political campaigner” matters. Does it include a friend of a candidate who is independent of any political party? Is that person a political campaigner?

[Lord Khan of Burnley (Lab)]

My Lords, it is pleasure to hear from noble Lords, in particular the noble Lords, Lord Scriven and Lord Hayward. I felt a bit nostalgic at the “Back to the Future” moment, when the report by the noble Lord, Lord Pickles, from 2026 was announced. I thought that there might have been an election and a new Government, with the noble Lord promoted to look at elections.

Like other noble Lords, we on these Benches also support the intention to reduce voter fraud. I thank the Minister for introducing the SI. I will raise an important point for noble Lords to consider. From my understanding, the Government have not consulted relevant stakeholders on this issue. I assume that there would have been some consultation to bring the regulations forward, but the Association of Local Authority Chief Executives and Senior Managers—ALACE—has not been consulted. That concerns me, and must concern other noble Lords.

Since, from my understanding, the Government have not consulted ALACE, I will pick up on its points of concern and help the Minister on some of them. I do not want to repeat noble Lords’ points, but ALACE is concerned that the regulations will create more work for polling station staff. If significant numbers of postal votes are handed in on polling day, this might cause unnecessary delays for other electors, particularly at a general election. What does the Minister think about that concern?

What are the Government’s thoughts on the imposition of new duties and responsibilities on polling station staff, and on reception staff at council offices, who will have to decide whether to reject postal votes? What about the unnecessary disfranchisement of some electors, who will have completed postal voting packs correctly, including by providing their signature and date of birth on the postal vote, but which also have to be returned with the ballot paper?

The Opposition have a number on questions. What will happen to those who are already registered as a proxy voter for more than four electors or more than two domestically residing electors? Is the relationship between proxy and elector not important in preventing coercive proxy voting? Will there be special circumstances by which a proxy can act as such for more than four electors, should they be family members who are unable to vote themselves and the chosen proxy is the only trustworthy option for them?

Postal voting is an important means to ensure elderly people with mobility or financial issues are not prevented from exercising their democratic right to vote. Given that the elderly are more likely to face problems navigating a digital application compared with the more familiar written form, is there a concern that the move to digital applications may act as a hindrance to ensuring that the elderly can vote? What is the Government’s assessment of the number of proxy voters abusing this system to coerce others and steal their vote, compared with the number of proxy voters who need to use the system and do so fairly? With voter turnout at a relative low compared with the previous century, what is the Government’s assessment of the impact that additional requirements to vote will have on voter turnout?

Finally, the introduction of photo ID has resulted in clear evidence that some electors have been denied a vote as a consequence. Does the Minister recognise this in relation to these regulations? How will the Government ensure the regulations do not compound that situation? I look forward to his response.