Elections Bill

Nick Smith Excerpts

Report stage
Monday 17th January 2022 Commons Chamber

[Nick Smith (Blaenau Gwent) (Lab)]

Over 180 years ago, starting in Blaenau Gwent, thousands of Chartists marched on Newport. From across south Wales, they demanded reforms to elections so that common people could have their voices heard in Parliament. Since then, elections in our country have got more transparent, fair and open, but I am worried about voter suppression, and at stake is the very integrity of our elections.

We all know what is going on in America. Despite the highest election turnout in 120 years, the big lie has been amplified that Trump actually won in 2020. Since then, ordinary Americans are facing higher hurdles to vote in too many states. Raising the bar to lower voter turnout is what the Republican right is up to, and similar tactics here trouble me.

I am particularly concerned about the introduction of voter ID, so I am supporting amendment 1 tonight. Asking for voter ID seems reasonable: someone shows who they are to get a ballot paper. However, it is an old cynical trick: insert an administrative hurdle, dress it up as improving security, watch voter turnout go down—job done, the fix is in. Of course, voter fraud should be stopped, but impersonation is hardly an issue in the UK, and our independent Electoral Commission says the same.

[Jerome Mayhew]

The hon. Member makes the point that if we put an administrative hurdle, by which he means photographic ID, in the way of the voters the turnout would go down, but that specifically is not the evidence we have seen from Northern Ireland, where the Labour Government put in the requirement for photo ID, and it has been widely accepted and is a general part of voting there.

[Nick Smith]

I thank the hon. Member for intervening, but those were exceptional times, and I will answer his case in my speech.

[Jim Shannon]

On that point, the evidential base that the hon. Member for Broadland (Jerome Mayhew) referred to is very clear. There has been success in Northern Ireland and voting turnout has increased, but the statistics also show that 98% of voters already have sufficient ID in place for voting, and we are almost there. All we need is for the other 2% to be done, and Northern Ireland will achieve that goal of having everybody with an ID. If we can do it in Northern Ireland, honestly, we could do it here as well.

[Nick Smith]

I will answer those remarks in my contribution.

I sat on the Bill Committee, and I heard a High Court judge tell us that voter ID was not the solution. He said, and this is a judge who has done many electoral law cases, that asking for

“ID at polling stations, frankly, is neither here nor there.”––[Official Report, Elections Public Bill Committee, 15 September 2021; c. 15, Q13.]

The data shows that there were just three convictions for personations since 2016. The proposals really are a sledgehammer to crack a nut.

[Chris Clarkson]

Will the hon. Gentleman give way?

[Nick Smith]

I am going to carry on.

We heard about terrible cases of fraud in Tower Hamlets, Peterborough and Birmingham, and of course they must be addressed. The key is for the Electoral Commission and the police to receive the resources needed to enforce our laws, because they do not have them at the moment. Again, the Government’s main witness felt there should be a hit squad at the Electoral Commission. That would make far better use of the millions that voter ID will cost.

We know that about 2 million people do not have the right ID, many of whom are from our most marginalised groups—older people, disabled people, minorities. The nub is that making it harder to gain their ballot paper means that fewer people vote. Reducing turnout undermines confidence in our elections and sows the seeds of doubt in our democracy. I am proud that British democracy was championed from Blaenau Gwent, but the Bill sets backwards the Chartist cause from nearly two centuries ago. I urge all Members who value our democracy to support amendment 1.

[Mr Steve Baker]

I am delighted to speak in this debate. The first thing I should say is in response to the Scottish National party Front Bencher, the hon. Member for Argyll and Bute (Brendan O'Hara): the betrayal would be not passing the Bill. I refer everyone who is concerned about it to my speech in the first Adjournment debate of this Parliament, where I set out in 15 minutes—I will not be able to shoehorn it into this speech—what has been happening in Wycombe. The idea that personation is not a problem certainly does not accord with my experience in Wycombe. [Interruption.] I am grateful that I have been asked how many have been prosecuted, as that is precisely the problem: it is not being prosecuted.

In that speech, which I hope Members will read, I set out time and again the problems we face, with offences not being prosecuted, sometimes even when we present the evidence meticulously. I will not refer to a court case in detail, but I am pleased that a prosecution is in progress before the courts and I say only that I hope it reaches a speedy conclusion. Once it is concluded, I may have more to say about it—it relates to postal votes. Some Members are kidding themselves, and if their elections are in the kind of condition that they say they are, I very much wish that Wycombe reflected their experience. However, I have to say that elections in Wycombe in some quarters need cleaning up, so I welcome the Bill.

I particularly want to speak to new clauses 15 and 1, amendment 1 and new schedule 1. New clause 15 was tabled by my hon. Friend the Member for North West Durham (Mr Holden), who is not in his place. I am grateful that it is a probing amendment, because it might be a problem if people could not register twice in two different council elections, but I am grateful he has put that point on the record, because there is more the Government could do on the integrity of the electoral roll. As I said in my Adjournment debate, at the last election I saw a WhatsApp message from someone I could name saying, “Right, I have voted in Birmingham. I am now coming to vote against Baker in Wycombe.” You could not make it up: an open admission of a fraud—[Interruption.] Indeed, we put these things forward.

I support the basis of new clause 15. In practice, the electoral roll does not always correctly list voters who are entitled to vote at a particular address, as the entry can often be out of date or we might find that an elector has registered fraudulently. If people are incorrectly listed on the register, that increases the potential for criminality, especially through absent voting. Not all EU nationals are correctly identified with a “G” marker, and we do know that foreign nationals sometimes vote in UK general elections, although they may not know that they are not entitled to do so.

On new clause 1 and 18-year-olds, I am clear that many of the 16 and 17-year-olds I meet in my constituency are thoroughly politically engaged and ready to vote, but we have to take a decision about when somebody is an adult. We heard some of the examples given in the debate. I would far rather we converged consistently on the age of 18, rather than talking about 16 and 17-year-olds.

I said in an intervention earlier, which the hon. Member for Nottingham North (Alex Norris) kindly acknowledged, that it is far more dangerous to vote Labour than to have a pint, and I would certainly stand by that, although I would be grateful for the opportunity to buy him a pint to discuss it. Amendment 1, from the Opposition Front Bench team, deals with removing the voter ID provisions, and I have touched on that already. We have already heard from Members that people will be able to get their ID, but some of the accounts of personation in Wycombe that I have heard are so egregious and yet somehow the officers on duty in polling stations have not felt able to report it and stop it. I hope my hon. Friend the Minister will be able to do much more to equip officers in polling stations to do their duty to uphold the law and make sure that personation is prosecuted. I would certainly be grateful if every instance of it was brought before the courts.

Finally, on new schedule 1, which is about making regulations on registration, absent voting and other matters, of course I support the Government, but I say as briefly as I can that they could have gone further. In the limited time available I simply say two things. The first is that voters need explicit information about their rights in election law, so that when they vote postally at home they know what constitutes an offence that infringes their rights. The other issue is that when a person wishes to challenge an entry on the electoral roll, although it is important that an accused person knows who is accusing them, let us make sure that that name emerges late in the process of a charge, so that we do not deter people from making inquiries.