Elections Bill (First sitting)

Debate between Nick Smith and Chloe Smith

Committee stage
Wednesday 15th September 2021 Public Bill Committees

[Chloe Smith]

Q Thank you very much indeed. I have a brief question for both Gillian and Assistant Chief Constable Cann. Gillian, thank you very much for joining us; it is good to see you again. We have done some work together, because Peterborough was part of early pilots on how to tackle electoral fraud, and you took forward measures about postal and proxy voting. With reference to the measures in the Bill—for example, clause 6, introducing the requirement of secrecy for postal votes—could you explain to us the problems you encountered, how you tried to deal with them and how you think the Bill will affect that?

Welcome and thank you to ACC Cann, as well. Given that electoral law can be a relatively niche area within policing, can you tell us how the wider profession works to ensure that the right knowledge, training and capacity are in place in local forces to enable them to play the role that is needed from the police?

Gillian Beasley: I will start by saying that we have a very close relationship with the police in Peterborough and our electoral integrity plan is co-produced between us and them. Our police, as well as our electoral services team, have a really good and detailed understanding of the electoral offences in law. There is a lot of co-operation there, which has helped us to home in on where integrity is at risk.

First, I would say that we have seen less personation in polling stations in the recent past. Probably our last prosecution was some years ago, and that is because there are some tight measures not only in polling stations, but around ensuring that we have a good electoral register. We go through our electoral register very carefully, removing duplicate names, and we visit a lot of premises where there are a number of people registered or where we are told there is an empty property, to ensure that they are the right people and that they are real people. Of course, the individual voter registration division has helped tremendously with that.

Where we have issues, as the Minister knows, is in postal voting. That is where our concerns are. The allegations we tend to get are around harvesting. They are allegations of people going into properties where people live—they are proper voters who have applied for a postal vote—and getting that person to make a declaration and signature with date of birth, but not fill the ballot paper. Those are then taken away and the proxies put against the relevant candidate. Those are the allegations. We get allegations about those being taken from properties, and where we get those allegations, we work together with the police in joint operations to visit those premises and make it absolutely clear that there is no tolerance for that and that those properties will be raided. We have never had any prosecutions for that, but we have made a clear statement about not tolerating that kind of behaviour.

The provision on not handing your postal vote to a campaigner is welcome. We will use that as a good communications tool to say to people, “Your vote is your vote. It is important that you post your vote or take it into a polling station.” The restrictions on how many postal votes can go into polling stations is a good provision, and documenting who is going in with those postal votes is important. Harvesting those votes will now be an offence, and although it will be difficult evidentially to get people to make those allegations, to stand by them and to go to court, nevertheless as returning officers we can do some important publicity around that fact: “This is your vote, you must keep it and it is a criminal offence if somebody takes it from you.” I see some strength there, and I support those provisions.

The other area I think is interesting is around undue influence. That is by far the most difficult; we hear allegations, but it is difficult for people who are subject to whatever form of undue influence or intimidation it may be to feel confident to come forward, give evidence and take that through to a court process. We encourage people to do that, but it is still difficult for them.

The change in the provision on undue influence, where you induce or compel somebody not to vote at all, is important; that covers the point that was made about collecting votes where they have not even been marked. My issue as a returning officer is that I send out thousands and thousands of postal votes, and we get them carefully delivered to the correct premises, but what happens behind those closed doors? It is about getting people to confidently give evidence if they are subject to undue influence or somebody comes and tries to take their vote. As I say, we have a really good relationship with the police, who are prepared to take forward and understand the offences. There is a joint communications plan between us and the police telling people that we will take it seriously, take cases forward and investigate every single allegation that is made, but it is still very difficult to get people confident enough to come forward with those kinds of allegations.

Assistant Chief Constable Cann: In terms of developing police knowledge and capacity, I like the description of electoral law being a niche area. I think that is accurate. The RPA is not a widely known piece of legislation among police officers.

One of the reasons that the national portfolio that I lead was created was to raise awareness through some degree of central co-ordination and training across police forces. One of the first things that we recognise is that we are not on our own with this. Gillian has spoken very well about the importance of partnership working between the police, the Association of Electoral Administrators, administrators more locally, the Electoral Commission, the CPS, the parties themselves and Royal Mail. We form strong partnership relationships with a whole range of people, which helps to build capacity and capability within the police service generally.

More specifically, we have established a network of officers, one in every force. We have SPOCs—single points of contact—who are the lead for that force for electoral-related matters. They are knowledgeable in electoral crime and procedure. They usually sit within economic crime teams, but not always. We have created a bespoke training course that is run through the City of London police, which holds particular expertise of its own in this regard. We hold an annual conference for all those single points of contact and a number of other people. There is a very strong, successful partnership from that conference particularly with the Electoral Commission, and with people such as Gillian and other electoral administrators.

We have developed the scope of the portfolio over the last 10 years or so to cover matters of policing the election itself—not just preventing and detecting any fraud, crime or malpractice, but policing the election, so matters of public order and wider security. We have developed guidance in relation to policing elections, which is available on the College of Policing’s website. It is called “Authorised Professional Practice”, and it is about the way police doctrine is expressed and made available to officers up and down the country.

I like to think that, certainly over the last 10 years or so, we have raised the consciousness in the service of electoral malpractice. It is taken extremely seriously and we have some extremely capable and knowledgeable people involved in the work, but it is fair to say that it is something of a niche area. Most officers will not come across it, and in any event the law is slightly difficult to navigate, even for those who have a particular interest and specialism.

[Nick Smith (Blaenau Gwent) (Lab)]

Q Good morning to the witnesses. I have two questions to ACC Cann. Do you think the penalties for those committing electoral fraud are sufficient to deter the bad actors?

Assistant Chief Constable Cann: I think the penalties vary, because there is a blend of a civil and a criminal regime at play here. I do not know, because I am not an elected person, a candidate or anything like that, but I imagine that the harsher sanction will be around matters such as being disqualified from holding office or taking part in future electoral matters, rather than a specific fine or a direct sanction. In that regard, there is some significant deterrence there. Generally speaking, when matters go to the courts, it is generally felt that the courts are quite keen to address the seriousness of the matter before them and hand down a suitable penalty.

Oral Answers to Questions

Debate between Nick Smith and Chloe Smith

Thursday 1st October 2020 Commons Chamber

[Chloe Smith]

My hon. Friend makes the point extremely well. We have confronted the recent pandemic as one United Kingdom and have achieved more together than we could have done as individual nations. That unity has been reaffirmed through the joint statements of 25 September. As I said, we have taken significant steps to protect the economy, providing billions of pounds to protect lives and livelihoods in all parts of the UK. As I mentioned in my earlier answer, the way in which we are taking our intergovernmental relations forward will show how committed we are to those relationships and to making sure that they are positive today and tomorrow.

[Nick Smith (Blaenau Gwent) (Lab)]

What steps he is taking to ensure high levels of (a) electoral registration and (b) participation in the May 2021 local elections.

[The Minister for the Constitution and Devolution (Chloe Smith)]

We will be working safely with the Electoral Commission to support its voter registration and public information campaigns ahead of the next elections next May, as we do for every election. Together, we will be able to ensure that people can participate in the polls safely and confidently and in a way of their choice, whether by post or proxy or in person.

[Nick Smith]

It is a great pity that this spring’s elections were postponed because of covid. To reduce uncertainty about the management of our democracy next May, how seriously are the Government considering all-postal voting, which could be a good way to boost safe participation in the coming elections?

[Chloe Smith]

I thank the hon. Gentleman for his question. He and I both know that he is an experienced hand at election matters. I welcome his scrutiny of this question because it is important. We want the elections in May next year to go ahead, because it is extremely important that we are able to continue with our normal way of life as a country, rather than seeing any further postponement of important elections.

I do not take the view that all-postal elections would be a wise move, however, for the following reason. It is principally that we have already seen around the world that elections can be run in person safely during this pandemic. We are confident that that can be the case here as well, and I am doing all the work necessary with the electoral community to make sure that is so. Indeed, I published evidence of that only recently, which I am sure the hon. Gentleman has already seen.

Furthermore, it is an important part of our elections that people can actually choose the way in which they vote—as I have already said, by post, by proxy or in person. We think that it is important to maintain that and that there is not a good enough reason to do otherwise.

Parliamentary Constituencies Bill

Debate between Nick Smith and Chloe Smith

2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons
Tuesday 2nd June 2020 Commons Chamber

[Chloe Smith]

I can promise you, Madam Deputy Speaker, that that is the last intervention I will take, but it does give me the chance to say that the boundary commissions will listen to the debates in Parliament and will perhaps hear at a different level of detail the arguments that right hon. and hon. Members put. I welcome the hon. Gentleman’s having said that; I am sure it will be listened to by those who operate the rules that we give them through the legislation.

Let me turn to the data, which is very important. Again, we do not intend to alter the long-established practice of reviews being based on the electoral register as updated by the annual canvass. The canvass is the process by which those who are registered to vote in an area are checked and verified every 12 months. Electoral data drawn from the registers in Scotland, Wales and England is further checked by the relevant agencies—the National Records of Scotland and the Office for National Statistics—and the collated information, including on Northern Ireland, is then published centrally by the ONS, so it is a complete and current picture of the situation in all four nations. From that point on, it is used by the boundary commissions. As a general rule, the data that comes after the annual canvass represents the most up-to-date, robust and transparent information source on which to base a boundary review.

Let me turn to the impact of coronavirus on this year’s annual canvass, because it is very important. This is where the reasoned amendment tabled by Opposition Members contains a good point. To state the obvious, it relates only to the immediate next review, rather than to the principles of the Bill. I assure the House that I have been looking at the issue for some time and am considering carefully the options for the next boundary review to be based, on a one-off basis, on an alternative dataset not affected by the coronavirus pandemic. I will update the House on that in due course. I hope that reassures right hon. and hon. Members that we will be able to return to the issue during the later stages of the Bill, thereby allowing us to take the time to observe the problem and get it right as a one-off this year.

In closing, let me give a further reassurance that I am working extremely closely with what we call the electoral community.

[Nick Smith (Blaenau Gwent) (Lab)]

Will the Minister give way?

[Chloe Smith]

I am trying to close so that Back-Bench Members can speak, but if the hon. Gentleman wants to cut into that time, he is welcome to do so.

[Nick Smith]

I thank the Minister for giving way, but her most recent remarks about which register the next boundary review will be based on were a bit ambiguous. Is she saying that it will be based on the 2019 numbers or the 2020 numbers to come?

[Chloe Smith]

It is a logical question. I have said that I will update the House in due course on that. I am looking at several options to get the most complete and accurate data for us to use in the boundary review this year. I am not seeking to avoid answering the hon. Gentleman’s question, but I will be in a position to bring the information forward during the Bill’s later stages, when I look forward very much to completing the reassurance I am giving the House that we want to use the best data that is unaffected by the pandemic. That stands slightly separately from arguments that perhaps he or other colleagues would like to make about other types of data that should be used. I am talking specifically about how to handle coronavirus. I know that he will understand that that needs to be kept in mind.

I was about to go on to say that I am in contact with the electoral administrators throughout the sector to see, up to the very latest moment, the challenges they face and how they can be dealt with in the publication of canvass data to give the best input to the Bill and for all the other purposes for which canvass data are used—mainly helping people to register to vote.

The Bill is very important. It is technical, but its goal is simple: to ensure 650 equal and updated constituencies. The people of the UK deserve fair votes and effective representation, and to have trust in and certainty about the boundary review process that delivers those things. I commend the Bill to the House.