Absent Voting (Elections in Scotland and Wales) Bill

Lord Rennard Excerpts
Lord Rennard Portrait Lord Rennard (LD)
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My Lords, the expertise of many Members of your Lordships’ House in electoral law matters has once again been demonstrated in this debate. From these Benches, we supported the provisions in the Elections Act 2022 to make it easy for people wishing to vote by post or proxy to apply to do so online. Similarly, we now support this Bill to allow the Scottish and Welsh Parliaments to extend the provision of online applications for absent voting to all elections in those countries.

Modernising the conduct of elections encourages participation. It can also cut costs, with the money saved invested elsewhere in our democratic processes. Fundamentally, we need as few barriers as possible to voting, subject of course to measures to maintain the security of the ballot process. I remain concerned that there are more problems with absent voting, and the abuse of the processes involved in it, than with voting at polling stations.

I supported the measures in the 2022 Act to try to deal with postal vote fraud, but the new rules introduced then to prevent parties or candidates harvesting postal votes still seem ineffective and unenforceable. If we make voting by post easier, we must try to do more to make sure that postal votes are completed in proper conditions of secrecy. Can the Minister tell us whether there may be further provision in forthcoming legislation about the security of postal voting in particular?

I have a more fundamental question about our overall approach to electoral legislation. This very sensible measure has come to us by way of a Private Member’s Bill. As the noble Lords, Lord Hayward and Lord Bourne, and other noble Lords have suggested, this highlights the need to reform election legislation not in a piecemeal and unsatisfactory way but fundamentally, so that when changes are made—such as those in the 2022 Act—they are not so open to charges of partisan interference in election rules.

For some years, many of us have been hoping for a Government who will accept the Law Commission’s proposal to consolidate all our electoral legislation. The noble Lord, Lord Mott, quoted the Law Commission, and I refer to what it said in 2020:

“Electoral law in the UK is spread across 17 statutes and some 30 sets of regulations. It has become increasingly complex and fragmented; it is difficult to access, apply, and update. Much of the law is rooted in 19th Century language and practice, and doesn’t reflect modern electoral administration”.


Can the Minister please say whether the Government agree with that? Will he stand by his words, his vote and those of all his Labour colleagues in the last Parliament to end the provision for a Secretary of State to direct a strategy and policy statement for the Electoral Commission, thereby undermining its independence?

This Bill is a small step in improving our electoral arrangements. Many things need to be put in place to improve them. As the noble Baroness, Lady Smith of Llanfaes, said, we need above all to ensure that our systems are modernised so that everybody legally entitled to vote is enabled to do so by being on the electoral register.

Absent Voting (Elections in Scotland and Wales) Bill

Lord Rennard Excerpts
Baroness Taylor of Stevenage Portrait The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)
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My Lords, I thank the noble Lord for his comments. I thank all noble Lords for their contributions to and support for the Bill, and particularly my noble friend Lord Murphy of Torfaen for his stewardship of the Bill through this House.

Our democracy remains at the heart of our Government’s purpose and mission. On the point made by the noble Lord, Lord Jamieson, the Government will bring forward a number of changes in the forthcoming elections Bill, which will come before this House in due course; we will have the opportunity to discuss these matters further at that point.

I thank my noble friend Lord Murphy for his excellent contribution to our democratic process.

Lord Rennard Portrait Lord Rennard (LD)
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Before the Minister sits down, I note that I agree with some of the comments of the noble Lord, Lord Jamieson, if not all of them. He makes some good points about the different gaps in and problems within our election laws. In our Second Reading and Committee debates, many of us across the House spoke about the need to consolidate properly all election laws.

We recognise that the noble Lord, Lord Murphy, has done extremely well in bringing this Bill forward— I shall call it a small, tidying-up measure. It is still a very important principle that people in Scotland and Wales can apply online to vote as absent voters; that should probably have been done in 2022, without needing a Private Member’s Bill. We frequently have debates in which the expertise in this House highlights the need, as the law commissions keep emphasising, for proper consolidation of election laws, bringing together the legislation of 2000 and the old legislation of the Representation of the People Act. Can the Minister say a bit more about the Government’s intention regarding consolidating election law in general?

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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I thank the noble Lord, Lord Rennard; he is right to flag up that more work is to be done on elections. That is why, in response to the noble Lord, Lord Jamieson, I referred to the forthcoming elections Bill. I am sure that noble Lords in this House, where there is indeed a great deal of expertise in election matters, will want to contribute to that Bill as it comes forward.

I hope we will be able to incorporate many of the matters we have discussed over the years that have been missed out of the elections process or need further tightening because of current circumstances— I believe that the noble Lord, Lord Jamieson, was referring to that too. We have seen a significant change in the way things operate, so we need to make sure that election law keeps up with that. That is our aim as we bring forward the elections Bill, and I look forward to the contributions of all Members of the House when we do so.