Overseas Electors Bill

Roger Gale Excerpts

2nd reading: House of Commons
Friday 23rd February 2018 Commons Chamber

[Sir Roger Gale (North Thanet) (Con)]

This morning, we heard a dignified debate about organ donation and Bill that was named “Max’s Bill” This Bill could be “Shindler’s Bill”. I hope the hon. Member for Ipswich (Sandy Martin), having spoken for three quarters of an hour, will find the time to meet Harry Shindler. I am very proud to be allowed to call Harry Shindler a friend. He is 97 years old. He fought at Anzio. He returned to the United Kingdom, raised his family and worked here. He retired to Italy, where some of his family were living. He has deliberately avoided taking Italian citizenship, although he could most certainly have done so, because he regards himself, proudly and until his last breath, as British. He could have fraudulently registered in the United Kingdom—he has enough family and friends here to pull out an address and vote—but he is honest, and he is honestly British. He has fought tooth and nail, as the oldest living member of the Labour party, for his right to vote in Britain.

Just for the record, while Harry Shindler has been doing that, he has also spent his energy and his waking hours searching for the remains of British servicemen and women who fell in Italy, identifying them, and making sure that they are properly remembered and recorded. I do not think we could find anybody more British or with more right to vote than Harry Shindler. I hope that the hon. Member for Ipswich will have the courage to look Harry in the eye and tell him why he wants to deny that old man the right to vote again in Britain before he dies.

Harry will have heard that and, to take the point made by my hon. Friend the Member for Montgomeryshire (Glyn Davies), so will the millions of expat United Kingdom citizens living around the world who are not tax exiles. Many of them do pay taxes in the United Kingdom—many have taxed pensions and other taxed incomes in the United Kingdom—but after 15 years they are denied the right to vote. That is taxation without representation. Had the hon. Member for Ipswich read the Bill, he would have discovered that, notwithstanding the fact that the Bill will go to Committee—if we are allowed to get there—it already contains provisions to make sure that those who have not been resident in the United Kingdom cannot vote.

I am sorry that the hon. Member for Ealing North (Stephen Pound) left the Chamber some time ago. He mentioned bombed or demolished buildings and asked how an address might be used. The Bill is clear that the address has to be the last known address in the United Kingdom, wherever that was. The idea that the hon. Member for Ipswich put forward—that somehow that will load the balance of power and deliver Members of Parliament in relatively few clustered constituencies—is complete nonsense. Frankly, it is a discourtesy to the millions of people who live overseas and want the right to vote and to his own colleagues on the Opposition Benches—

[Sandy Martin]

rose—

[Sir Roger Gale]

No. The hon. Gentleman spoke for far too long; I shall not give way an inch. The idea that he put forward is a discourtesy to many of his colleagues who support this cause, including the hon. Member for Ilford North, whose constituency he apparently could not remember.

[Mike Gapes]

South.

[Sir Roger Gale]

I beg the pardon of the hon. Member for Ilford South (Mike Gapes)—I could not remember, either. We are all fallible.

The hon. Member for Ipswich referred to the fact that people who live in Commonwealth countries did not have their pensions uprated. I happen to be the chairman of the all-party group on frozen British pensions. I do not recall the hon. Gentleman attending any one of the meetings we have held to try to redress the injustice to which he referred—and yes, it is an injustice. Had he attended, he would have got his facts right, because there are Commonwealth countries—of which Jamaica is one, to pluck an example out of the sky—in which pensions are uprated. We want to see them uprated across the board. I mention that not to score points but to demonstrate how very wrong the hon. Gentleman was in virtually everything that he said.

I do not need to say any more. I want Harry Shindler, and the millions of expats like him who are proudly British, who take a keen interest in this country and regard it as their mother country, who have children and grandchildren living here, and who may well want to return to vote but wish to vote while they are overseas as well, to have that right. I do not believe that any part of this House will find any favour, not only with those people but with their very many UK-resident family members, by disagreeing with that. I hope the House will remember that, if and when we get the chance to vote on the Bill. It is a good measure that redresses an injustice and its time has come. We should let it pass.

Overseas Electors Bill: Money

Roger Gale Excerpts

Money resolution: House of Commons
Tuesday 16th October 2018 Commons Chamber

[Chloe Smith]

Yes. I think it is basically the hon. Gentleman’s deepest wish that he should live outside the UK. As I understand it, that is the point of the Scottish National party.

[Sir Roger Gale (North Thanet) (Con)]

May we return for a moment to my old friend Harry Shindler? He is 97 years old and has lived in Italy for much of his life, but he is stoically British. He fought at Anzio, where he watched his friends die, and has since sought to establish memorials to them, and he has been honoured for so doing. Furthermore, he is not one of the oldest members, but the oldest member of the Labour party. Can my hon. Friend suggest any reason why the Labour party would want to prevent that old man from voting?

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Order. We need to stick to the money resolution, as you should know better than anyone, Sir Roger. I want to get on with this, so please can we deal with what is in hand? I do not expect the Minister to be driven off course.

--- Later in debate ---

[Jo Platt (Leigh) (Lab/Co-op)]

I beg to move an amendment, to leave out “any increase” and insert

“an increase not exceeding £10,000 in any financial year prior to the financial year after the financial year in which a Minister of the Crown lays before the House of Commons a report on the expected increases arising from the Act and any increase thereafter”.

Our electoral law and the franchise is one of the most important issues we can discuss in our democracy, and this money resolution will permit a serious alteration to our franchise. Under current provisions, British citizens who have moved abroad can apply to be registered as a special category of elector: an overseas voter. They must be registered in the last constituency in which they were entered on an electoral register before they moved abroad, and they may only vote in UK parliamentary elections. But the Bill will end the pragmatic and reasoned approach we have taken in this country. Our current 15-year limit to the duration for which an elector can leave the country serves to maintain the vital link between expats and their home country, a link especially pertinent in light of our departure from the European Union, but also one that, crucially, ensures that those elected to this House are representatives of the constituents we are elected by.

Make no mistake: as a modern, progressive socialist party, Labour remains committed to building a truly global Britain, championing our core values of equality, social justice and opportunity for all.

[Sir Roger Gale]

In passing, the hon. Lady might want to explain why she wants to prevent the oldest living member of the Labour party from voting.

Because I am a bear of small brain, will the hon. Lady help me and the House by explaining what is meant in the Leader of the Opposition’s amendment by

“in any financial year prior to the financial year after the financial year”?

That is gobbledegook; what does it mean?

[Jo Platt]

I thank the hon. Gentleman for his intervention, and for mentioning Harry Shindler and highlighting his campaigning work on overseas voters. However, I believe that we as a party are striking the right balance. We are welcoming the extension of democracy while, crucially, upholding the integrity of our elections in this country. Globalisation has led to a broad section of British citizens living around the world and we should rightly celebrate their involvement in our democracy, but it is right that we should place reasoned rules on their involvement in our democratic process.

--- Later in debate ---

[Jo Platt]

Thank you, Madam Deputy Speaker.

Following the 2017 general election, the AEA called in a new report for

“urgent and positive Government action”,

outlining 33 recommendations to improve the electoral framework in the UK. In a recent letter to the Cabinet Office, the AEA’s chief executive, Peter Stanyon, expressed his serious misgivings about a number of issues, including funding and added bureaucracy. He even warned that unless urgent action was taken there would be unnecessary and untenable risks at the next national polls. But what was the Government’s response to such a stark warning, made in that 2017 report? Peter Stanyon received no reply at all. It is extremely concerning that the Minister has shown no urgency in addressing these issues, particularly when we know that due to the shambolic state of her fragile Government, a general election could occur at any time. Perhaps the Minister will therefore be open with the House by publishing her response to the letter and outlining what steps she is taking to address those serious concerns.

The amendment in my name, and in the name of the Leader of the Opposition and others, would also guarantee that we received a report on the total cost incurred under the Bill. That reasoned approach is designed to protect those the Bill will affect the most. I therefore encourage Members on both sides of the House to support the amendment.

It is also important to remember that these administrative challenges have arisen at a time of unprecedented cuts to local government funding. A survey response from 250 local and electoral authorities that administered the EU referendum found that only a quarter of electoral officials said they had enough funding to support their work on electoral registration. In the context of austerity, local authorities have been forced to review their electoral services and oversee significant reductions in core service funding and staffing levels. Our amendment would protect local authorities from being held in limbo by the Government.

According to the AEA, there is a growing retention crisis, as those with vital skills and experience understandably leave the profession. To see the consequences of the Government’s policies, we need only look to the borough of Newcastle-under-Lyme, where two council officials were suspended after almost 1,500 people were unable to vote in last year’s general election. Investigations found that it was a result of

“inadequate performance by under-resourced elections office staff”.

My hon. Friend the Member for Newcastle-under-Lyme (Paul Farrelly) described the issues on polling day as a “shambles.” Significant issues also occurred in Plymouth, where 6,500 electors were unable to cast their vote in the 2017 general election.

That does not only affect voters. We have seen that such pressures are also having a significant impact on the health and wellbeing of electoral administrators. Following last year’s general election, the AEA wrote that

“we have collectively been concerned for the health and well-being of all of our members”.

As a result, the AEA contracted the Hospital and Medical Care Association to provide members with free access to a confidential counselling service. Let us think about that for a minute. We have reached a point where free counselling is being offered to election teams in the aftermath of a national poll. How has it come to that?

The Government’s decision to abolish the 15-year rule without addressing those serious concerns is therefore irresponsible in the extreme, as outlined by the Electoral Commission:

“Increasing the number of British citizens overseas who are eligible to be registered to vote will add strain to already stretched resources of electoral administrators, in terms of volume and complexity of registration applications, requiring verification of identities and eligibility of applicants who have not lived in the UK for some time.”

Do the Government have an indication of how many of the estimated 5 million Britons living abroad would apply to be overseas electors in the run-up to a UK parliamentary election if the 15-year rule were removed? Do they have any idea of the strain that would put on already stretched public services?

According to the Cabinet Office:

“Most of the costs of the new policy would be incurred by the local authorities in the first instance”.

Local authorities are already left at breaking point by this Government’s austerity regime and have not received any further detail of their commitment on overseas voters, leaving local electoral registration officers in the dark about how they will cope with this extensive administrative task. It is extremely reckless to leave local authorities in this funding limbo.

In addition to all that, the Government are planning to roll out mandatory voter identification in polling stations across Britain, an extremely expensive policy that could cost up to £20.4 million per general election. Given their record, do they seriously believe they have the resourcing or the ability to deliver on both pledges?

The electoral community has also warned that the proposals leave the registration system wide open to abuse, an issue that appears to be of little concern to the Government. Under the new system, for example, overseas electors will need to prove their eligibility. Documentary evidence may be required to establish their connection with their registration address. However, supplying a single piece of evidence at a single point in time does not prove residency, particularly with regard to the definitions provided in section 5 of the Representation of the People Act 1983. For example, an overseas elector may invest in a property before leaving the UK but may not have lived there, yet they will have a solicitor’s letter confirming the house purchase and are likely also to have a local authority council tax bill—those are two pieces of evidence outlined in the Government’s proposals. In response to the Cabinet Office policy statement regarding overseas voters, the AEA also warned of the possibility of increased applications via this route in marginal constituencies. Not only is the likelihood of error extremely high, but we are now leaving our democracy wide open to potential fraudulent activity.

I wish to end my speech with a moment of unity. I am sure the Minister and Members throughout the House will agree that our country is famous for many things. For example, this House is rightly known as the “mother of all Parliaments”. Indeed, our whole Westminster model of parliamentary democracy is regarded by many as a beacon of democracy and has been adopted by countless nations around the world. At its heart are the rules-based procedures and courtesies that we abide by. One key example is that the Government of the day table a money resolution for any private Member’s Bill that has received a Second Reading. Until recently that was nothing other than a formality, yet this Government have completely dismantled that tradition and procedure.

[Sir Roger Gale]

rose—

[Jo Platt]

I am about to finish, and I need to finish this point.

Having decided that they did not like the premise of the Bill promoted by my hon. Friend the Member for Manchester, Gorton (Afzal Khan), the Government took the unprecedented decision to refuse to grant a money resolution and, in doing so, prevent the passage of his Bill through Parliament.

If the Conservatives were serious about improving democratic engagement, they would give electoral administrators and our local authorities the resources they need to run elections effectively; they would concentrate efforts on registering the millions of adults in this country not currently on the electoral roll; and they would extend the franchise to 16 and 17- year-olds. Instead we have a Government rewriting the rules when it suits them, yet again placing party before country. This debate is a timely reminder that only a Labour Government will build a democracy that works for the many, not the few.

--- Later in debate ---

[Sir Roger Gale (North Thanet) (Con)]

Madam Deputy Speaker, I understand entirely that this debate is about the money resolution and the amendment, but you will forgive me if I say that much of the Opposition Front-Bench spokeswoman’s speech was devoted to the political implications of the extension of the vote to expat UK citizens. Such a device has not been used since 1912, and it is being used quite cynically by the Leader of the Opposition as a backdoor way of trying to kill a piece of legislation that some of us have been working on for a very long time, and I make no apology for referring back to the case of Harry Shindler.

Harry and I have been working on this project for more years than I care to remember. Harry is 97. He is about as British as anybody possibly could be. He happens to live in Italy, where some of his family live. He fought at Anzio. He came back to the United Kingdom. He worked and he paid his taxes. He then went back to Italy, where he continues to spend his retirement working in the interests of his fallen comrades to ensure that their graves are properly looked after and that memorials are erected. Harry also happens to be literally the longest-serving member of the Labour party, but that does not stop us being good friends. It does not prevent us from making common cause, because Harry believes, as I believe, that people who are UK citizens, who have paid their taxes throughout their working lives, and who are receiving pensions, albeit while living in other countries, should have the right to vote.

The hon. Member for Leigh (Jo Platt) said that we are proud to be one of the oldest democracies in the world. We are, but we also happen to be one of the oldest democracies in the developed world that does not give lifelong voting rights to its expat citizens, which cannot be right. I oppose the Opposition amendment simply on the grounds that this has nothing to do with democracy or with resources. If it had anything to do with resources—this comes back to the money—and if we were so concerned about the financing of the proposals, why are the Opposition proposing to give votes to 16 to 18-year-olds, who have mostly never paid a dime in taxation in their lives, while seeking to continue to deny the voting rights of expat UK citizens who have paid their way throughout their working lives?

[David Linden]

I left school at 16 years old and did not get to vote until I was 18, but I paid taxes during the two years that I was unable to vote in elections to this Parliament. That is a nonsense argument.

[Sir Roger Gale]

I know some such young people, but at most they could have paid two years’ worth of taxes. Harry Shindler paid taxes for years and gave blood and fought for his country. I am afraid that Opposition Members are seeking to deny such people the right to be British and to vote as British, which I regard as an absolute disgrace—