Draft Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 Draft Representation of the People (Franchise Amendment and Eligibility Review) Regulations 2023 Draft Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 Draft Local Elections (Northern Ireland) Order 2023 Draft Representation of the People and recall Petition (Northern Ireland) (Amendment) Regulations 2023

Debate between Rachel Maclean and Ian Paisley

Tuesday 12th September 2023 General Committees

[Rachel Maclean]

That is a valid question. The hon. Gentleman will recall that there have been multiple parliamentary debates in both Chambers on the principles of the Elections Act. That Act was passed by both Houses and we are now implementing these detailed proposals. I refer him to those debates for much more information than I am able to provide in this narrowly focused Committee.

The regulations also introduce an identity check at the point of application or reapplication for a postal or proxy vote, mirroring similar checks that are already in place in Northern Ireland. The elector will be required to provide their national insurance number, which will be checked against Department for Work and Pensions data. Where the elector cannot provide that information, they will need to give a reason as part of the application. Where an individual does not have a national insurance number, the electoral registration officer may request other specified documentary evidence or an attestation to demonstrate their identity.

In addition, we are committed to ensuring that our elections are modern and accessible by creating a new digital route for electors in Great Britain to apply online to vote by post or by proxy. The new digital system will remove the reliance on cumbersome paper-based processes and will operate similarly to the register to vote service, passing absent vote applications on to the relevant electoral registration officers for processing. The revisions of postal and proxy rules will apply to all elections reserved to the UK Government in Great Britain, as will the online application service.

[Ian Paisley (North Antrim) (DUP)]

We already have this digital process in Northern Ireland, as the Minister knows. It is very good, but there is an issue; when someone loses their digital number, it is not like resetting a lost password on a computer—the person actually has to make contact with the Electoral Office for Northern Ireland and it can take days before that digital number is returned to them. Is there any way of speeding up that process or enabling instantaneous access to a digital number, given that if it is the day before the election, that person essentially loses their vote?

[Rachel Maclean]

I thank hon. Gentleman for raising that very relevant point. Of course, all of us in this place are deeply concerned with those practicalities of voting. We have all been knocking on doors and have all experienced glitches in systems, which is why we are making improvements. I am sure that he will be aware that I am not normally the Minister leading on this policy area. I am standing in for the Under-Secretary of State for Levelling Up, Housing and Communities, my hon. Friend the Member for Bishop Auckland (Dehenna Davison), who is unfortunately not well today, but I am happy to pass that request to her to see whether she can continue to work with him and the devolved Administration to tackle some of the problems that he has rightly raised.

The proxy voting rules will also apply in Northern Ireland and the digital service will be introduced in Northern Ireland at a later time. Two of the instruments that I bring before the Committee—the draft Local Elections (Northern Ireland) Order 2023 and the draft Representation of the People and Recall Petition (Northern Ireland) (Amendment) Regulations 2023—make provisions that are specific to Northern Ireland elections. It is necessary to split the provisions into two instruments, as Northern Ireland local elections changes must be made by a separate Order in Council. In addition to implementing the proxy voting limit to a maximum of four people, and a number of smaller measures to ensure consistency across elections and recall petitions, the two statutory instruments relating to Northern Ireland also make two Northern Ireland specific changes.

The Elections Act places a duty on the chief electoral officer to provide dates of birth lists to polling stations in Northern Ireland for the purposes of checking a voter’s or proxy’s exact date of birth in specific circumstances. These instruments ensure the protection of the sensitive personal information that the lists contain, so that only the police and the courts may access them. In a further Northern Ireland specific measure, the existing provisions allowing retention of entries on the Northern Ireland register following a canvass is being extended. This will avoid a cliff-edge loss of electors from the register. Data checking has given the chief electoral officer a high degree of confidence that the voters concerned are entitled to remain on the register, and the Electoral Commission is supportive of extending the period of retention.

I turn to the EU voting and candidacy rights instrument, the draft Representation of the People (Franchise Amendment and Eligibility Review) Regulations 2023. The Elections Act amended the franchise to reflect the UK’s new relationship with the EU and protect the rights of UK citizens living in EU countries, and this moved us to the principle of a mutual granting of rights through agreements with individual EU member states. Qualifying EU citizens from EU member states that have bilateral agreements with the UK will have the right to vote and stand in relevant elections.

We also preserve the existing rights of all EU citizens who choose to make the UK their home prior to the end of the implementation period. As such, EU citizens with retained rights will continue to have the right to vote and stand. [Interruption.] I would like to add for the record that it is good to welcome the shadow Minister, the hon. Member for Vauxhall to her place. I know she has missed my opening remarks, but she can refer to Hansard to see what has been read into the record. The long-standing voting rights of Irish citizens remain unchanged. Likewise, the voting rights of Maltese and Cypriot citizens, as Commonwealth citizens, are not affected by these changes.

On ongoing registration, this instrument provides for a new registration process for EU citizens, which includes clear information about the new eligibility criteria for electors. Persons applying under the retained rights criteria will have to make a legal declaration that they have been legally resident in the UK since the end of the implementation period. Registration officers will be able to accept that declaration as sufficient evidence of eligibility, or if they deem it necessary, they will be able to require further information and evidence from the individual to make a determination.

Electoral registration officers have a legal duty to ensure that the electoral register remains accurate, so the instrument requires them to conduct a one-time review to determine the eligibility of all registered EU citizens. The bespoke eligibility review process is designed to be fair and transparent for review subjects, and to minimise burdens on registration officers. As far as possible, it has been based on, and benchmarked against, existing practice and processes.

Initially, registration officers will use data already available to them to confirm an elector’s continued eligibility without the need for an elector to take any action. Where a registration officer is unable to confirm eligibility using existing data, the instrument requires them to contact the elector to request the information necessary to determine eligibility. In the event of no response, a registration officer must make at least three attempts to contact the elector in writing and at least one attempt to contact the elector in person before they may determine them to be ineligible. All those reviewed will be notified of the franchise change and the review outcome, with the contents of all review communications prescribed for consistency.

Where a person is deemed ineligible and removed from the register on the basis of non-response, they will be invited to reapply if they believe they are eligible to do so. We anticipate that the end-to-end review process will take up to three months to complete. Registration officers will have a nine-month implementation window, from 7 May 2024 to 31 January 2025, to undertake the one-time review. The SI requires registration officers to report on the operation of the review process to the Electoral Commission upon completion.

The instrument will apply only to polls that are reserved to the UK Government. That includes UK parliamentary elections, all local elections in England, and police and crime commissioner elections in England and Wales. A separate instrument will apply the franchise changes to Northern Ireland elections, and that was laid in the House on 4 September.

I turn to the draft Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023. This instrument is largely technical in nature and updates the relevant electoral conduct rules to implement measures in the Elections Act 2022 and the Ballot Secrecy Act 2023.

The Elections Act updated the existing offence of undue influence for reserved elections and referendums, including UK parliamentary and local government elections, and all elections in Northern Ireland. The revised offence better protects voters from improper influences to vote in a particular way, or to not vote at all. It also provides clearer legal drafting to assist authorities in enforcing the offence. The purpose of the regulations is to apply the updated offence to police and crime commissioner elections, recall petitions, local authority referendums and neighbourhood planning referendums.

Political intimidation and abuse have no place in our society, which is why part 5 of the Elections Act introduced a new disqualification order aimed at offenders who intimidate those who participate in public life. The order introduces a five-year ban on standing for or holding public office. The Elections Act also extended the powers of returning officers to hold a nomination paper invalid where a candidate is disqualified under the new order, and requires candidates to declare that they are not disqualified under the order. The changes applied to Northern Ireland, local and UK parliamentary elections.

The Act also amended the relevant vacancy rules, including for UK parliamentary elections, to reflect the timing of vacancies occurring as a result of the new order and to ensure that those disqualified vacate office. The SI replicates the changes for nomination for police and crime commissioner elections as well as local and combined authority mayoral elections, and updates the vacancy rules for combined authority mayors.

In addition, the Elections Act introduced a new measure to permit greater flexibility in the use of commonly used names by candidates on nomination and ballot papers. The change means that candidates can use their middle name as a commonly used name and amends the existing rules for UK parliamentary elections, elections to the Northern Ireland Assembly and local elections in Northern Ireland. The instrument makes the same change to the conduct rules for local and combined authority mayoral elections in England, and police and crime commissioner elections in England and Wales. It also amends the nomination paper completed by candidates at those polls to reflect the new provisions.

I now turn to the provisions concerning the Ballot Secrecy Act 2023; I pay tribute to my hon. Friend the Member for Peterborough (Paul Bristow)—I had thought he was behind me, but in fact he is not in the room—for his work on this important new measure. The 2023 Act introduced two new offences: the first, for a person to be with another person at a polling booth; and the second, for a person to be near a polling booth while another person is at that booth—with the intention, in both cases, of influencing that other person to vote in a particular way or to refrain from voting. The Act, which applies to UK parliamentary elections and local elections in England, as well as elections in Northern Ireland, aims to provide polling station staff with a firmer basis on which to challenge suspected inappropriate behaviour in polling stations.

The provisions complete the implementation of the Act by extending the new offence to police and crime commissioner elections in England and Wales, MP recall petitions across the UK, and local government, council tax and neighbourhood planning referendums in England. I hope that, in setting out the details of these three statutory instruments, I have enabled the Committee to appreciate their careful and considered design. I commend them to the Committee.

Future of Social Housing

Debate between Rachel Maclean and Ian Paisley

Wednesday 19th April 2023 Westminster Hall

[The Minister of State, Department for Levelling Up, Housing and Communities (Rachel Maclean)]

It is a great pleasure to serve under you, Mr Paisley. Before I start, may I seek your guidance? How much time do we have for the debate?

[Ian Paisley (in the Chair)]

You have 10 minutes, Minister; we probably have another 12 minutes left.

[Rachel Maclean]

Thank you—I will crack on, then. I thank the hon. Member for Weaver Vale (Mike Amesbury) for today’s really important debate. It is a pleasure to be here and to respond for the very first time on this particular issue in this Chamber.

The hon. Member powerfully articulated the case for building more social homes not just in his constituency, but across the country—that is reflected in the Members here. It goes without saying that that is an objective we all very much share. I will be responding to the comments made by Members, both in the course of my speech and at the end, and I thank every Member for making powerful contributions.

I start by reaffirming the unshakeable commitment of the Government to driving up both the quality and quantity of this nation’s social housing stock. It is a core tenet of our levelling-up agenda, and that has been reflected in recent years, starting with our affordable homes programme. The Government have been clear that they are entirely committed to increasing the supply of affordable housing in the country. That is why we launched the £11.5 billion affordable homes programme in 2020, with a commitment to deliver tens of thousands of affordable homes for both sale and rent.

At this point, I would like to say a bit about the social rent component of our affordable homes programme. We recognise how vital these homes are to building and maintaining thriving communities, and I was particularly struck by the very fluent remarks of the hon. Member for Vauxhall (Florence Eshalomi) on this point; she really brought it to life and I thank her for doing so.

I know that every hon. Member will agree that homes for social rent are a fundamental part of our housing stock—a lifeline for those who would struggle to obtain a home at market rates. It was absolutely right for us to bring social rent homes into the scope of the affordable homes programme, as the Government did in 2018. Since then, we have doubled down in our levelling-up White Paper on our commitment to increase the supply of social rented homes, while also improving the quality of housing across the board in both the social and private rented sectors. The affordable homes programme has been changed to meet this commitment, with further increases to the share of social rented homes we are planning to deliver.

However, although social rent is a key element to our approach, we are also a Government who truly believe in supporting aspiring homeowners to take their first step on to the housing ladder. We understand what a difference that increased sense of security can make to all aspects of someone’s life and the lives of their family. That is why home ownership continues to be a fundamental part of the affordable homes programme offer and we will continue to deliver a significant number of homes through our shared ownership tenure.

--- Later in debate ---

[Rachel Maclean]

Very soon—Members do not have long to wait. They will have all their questions answered in due course.

I thank my hon. Friend the Member for Milton Keynes North (Ben Everitt) for his excellent speech on social housing. I reassure him that social housing will be part of the infrastructure levy, and it was a pleasure to meet his small builders and business experts. I thank my hon. Friend the Member for Dover (Mrs Elphicke) for her considerable expertise in the sector and for bringing to us the Operation Homemaker programme. I thank her for all the work she is doing to help us.

I thank the hon. Member for Strangford (Jim Shannon), who highlighted similar issues in Northern Ireland; the hon. Members for Wirral West (Margaret Greenwood), for Stockton North and for Vauxhall; the hon. Member for York Central (Rachael Maskell), who will know that we are committed to introducing the measures she has called for to control Airbnbs; and the hon. Member for Luton South (Rachel Hopkins). I thank everybody who has contributed. We will not stand for any tenant being mistreated—[Interruption.] I forgot to thank the hon. Gentleman from the Scottish National party Front Bench, the hon. Member for Glasgow South West (Chris Stephens), for his contribution. That is all I will say on the matter—[Laughter.] We are committed to working with all hon. Members across the House to ensure that we get the safe and decent homes people deserve.

[Ian Paisley (in the Chair)]

Thank you, Minister. It is clear that Mr Stephens needs to try harder to get noticed. Mr Amesbury, you have one minute to wind up.

Middlesbrough Development Corporation

Debate between Rachel Maclean and Ian Paisley

Tuesday 14th March 2023 Westminster Hall

[Rachel Maclean]

I have nothing but huge admiration for my hon. Friend. She put her case so well. The Government are squarely backing democratically elected local Mayors. I remind the hon. Member for Middlesbrough of how much power and accountability we have given effective Mayors from all parties, including the Labour Mayor of Manchester, Andy Burnham; the Conservative Mayor of the West Midlands, Andy Street; and the Labour Mayor of Liverpool, Steve Rotheram.

It is important to stress that the Secretary of State is required by law to establish any development corporation requested by the Mayor for a development area and give it the title as requested—in this case, the Middlesbrough development corporation. The hon. Member for Middlesbrough has tried to make out that a land grab is under way, but I have set out very clearly that proper process has been followed.

We want the planned multimillion-pound investment in Middlesborough, spearheaded by that corporation, to go ahead. It will bring big improvements to culture and education, including through the expansion of the Northern School of Art, and improvements to local transport through the development of Middlesborough train station.

The Middlesbrough development corporation is just the next chapter in the town’s levelling-up story. It is proudly backed by the Conservative Mayor, Ben Houchen, and my Conservative colleagues representing Teesside. Long may that continue. This economic resurgence is being led, in no small part, by the leadership of Tees Valley Combined Authority. I stand squarely against the allegations that the hon. Member for Middlesbrough has made, and I will continue to work night and day to level up Middlesbrough and Teesside.

[Ian Paisley (in the Chair)]

Thank you for the feisty debate.        

Question put and agreed to.