Representation of the People Bill (Ninth sitting)

Samantha Dixon Excerpts

Committee stage
Thursday 16th April 2026 Public Bill Committees

[Lisa Smart (Hazel Grove) (LD)]

I thank the hon. Member for North Herefordshire for her comments. We have seen this over the last couple of elections in ’19 and ’24, and we are going to see it again in local and national elections: our regulatory framework is not keeping pace. As far as I am aware, there is no electoral framework—I would love to hear from the Minister on this—for anyone to systematically map the risks posed by deepfakes and associated online issues. Voters deserve to make free, informed choices, not tainted by some of the things that are seen online. I hope that the Government will take this forward.

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Samantha Dixon)]

It is a pleasure to serve under your chairmanship, Sir Desmond. The Government do not believe that the new clause is the right or effective way to address these concerns, although we acknowledge the seriousness of the issue that our hon. Friend the Member for Milton Keynes Central (Emily Darlington) is raising.

The new clause would risk blurring regulatory boundaries between two rightly independent regulators. The Electoral Commission and Ofcom have distinct statutory roles, with Ofcom responsible for regulation and enforcement of online safety duties on services. Requiring the Electoral Commission to make proposals for amending the Online Safety Act 2023 would cut across that, and risk duplication in an area where clarity is essential.

Secondly, the Electoral Commission already has the power under section 6 of the Political Parties, Elections and Referendums Act 2000 to produce and publish reports on matters relating to elections where it considers that appropriate. We therefore do not consider it necessary or proportionate to mandate a further statutory report.

I would also note the risk of duplication with the recent Speaker’s Conference report, which examined these issues and included evidence from the Electoral Commission. The Government welcomed the conference’s findings, and our response was published on 5 March. Under the Online Safety Act, Ofcom is the independent regulator responsible for overseeing the risk-based framework, including publishing codes of practice and requiring the largest services to provide transparency reports about their systems and processes for addressing online harms. That framework provides an appropriate basis for regulatory oversight and platform accountability.

The Online Safety Act also places clear duties on services that host user-generated content to tackle illegal content online, including illegal abuse, threats and incitement of violence. Ofcom is now implementing and enforcing that framework, and the Government will work closely with Ofcom, the Electoral Commission and law enforcement through existing arrangements. For those reasons, I ask the hon. Member for North Herefordshire to withdraw the new clause.

[Dr Chowns]

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 24

Repository of digital political advertising

“(1) The Elections Act 2022 is amended as set out in subsection (2).

(2) After section 61 insert—

‘Part 6A Repository of digital political advertising

61A. Establishing a repository of digital political advertising

(1) The Secretary of State must, by regulations, make provision to require the Electoral Commission to establish a repository of paid-for digital political advertising.

(2) Any regulations made under subsection (1) must—

(a) provide for the repository of political advertising to be publicly accessible;

(b) specify that a provider of a Category 1 service within the meaning of the Online Safety Act 2023 must ensure that prescribed information relating to such advertising is submitted to the repository as soon as reasonably practicable, and, in any event, within 72 hours;

(c) set out the types of information to be prescribed; and

(d) provide for material in the repository to be transferred to the National Archives for preservation after a certain period.

(3) Before making any regulations that make provision for the matters under subsection 2(c), the Secretary of State must consult—

(a) the Electoral Commission;

(b) the Information Commissioner’s Office; and

(c) OFCOM.

(4) Any regulations made under subsection (1) must be laid before and agreed by both Houses of Parliament.’” —(Paul Holmes.)

This new clause requires the Secretary of State to bring forward regulations to require the Electoral Commission to establish a publicly available repository of political advertising.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

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[Dr Chowns]

I beg to move, That the clause be read a Second time.

The new clause would require the Government to establish and publish a transparent protocol for responding to election information incidents and place that protocol on a statutory footing. That is important, because there is currently no clear, publicly accountable mechanism in the UK for informing voters about serious information incidents during election periods, such as co-ordinated disinformation campaigns or foreign interference.

Although there may be internal processes, under the radar, in Government, those are not transparent, they lack clear triggers for action and they are not subject to democratic oversight. Their absence creates uncertainty about how and when the public would be notified if there were such attacks or threats to the integrity of an election. That potentially undermines trust, and leaves voters without information and potentially exposed to unchallenged misinformation at critical moments during an election. We can all recognise that that is a growing threat.

The new clause would address that gap. It would establish a clear, publicly accessible protocol that would set out how, why and when election information incidents would be identified, assessed and communicated to the general public. The rise of disinformation has shown that co-ordinated online campaigns, bot campaigns and so forth can spread very rapidly during election periods, and can influence public perception before corrective action is taken. I will not name particular electoral processes, but we can all call examples to mind. It is a problem that we lack a transparent framework for dealing with public notification when such incidents occur.

Other democracies have taken steps in this regard; most notably, Canada has already introduced a formal mechanism to respond to these risks. That highlights the gap in the UK. We should look at international best practice on this issue. We should be trying to stay ahead of—or at least catch up with—the threats that our democracy faces, as fast as possible.

The new clause is clearly directly related to the Bill, so I would welcome the Minister’s response. To clarify, I do not intend to press it to a vote—I should have mentioned that it was tabled by the hon. Member for Milton Keynes Central—but I move it because it raises an important issue that is crucial to the safety of our elections.

[Samantha Dixon]

These are important issues, and I thank the hon. Member for raising them.

Earlier today, I described the work of the Joint Elections Security and Preparedness Unit, which exists as an enduring function to protect our elections and our democracy; that includes monitoring for mis and disinformation. The JESP election cell brings together Whitehall Departments, law enforcement and intelligence agencies as well as key stakeholders to agree monitoring thresholds and response options where necessary. The Department for Science, Innovation and Technology is a core member of JESP’s election cell, as is the Electoral Commission.

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Together, these proposals for a cap on donations, lower limits on expenditure and limits applying year round—or at the very least for the Electoral Commission to do a review, as per my new clause—would be critical safeguards for our democracy. They would go some way towards recognising the reality that currently, big money has a huge, damaging, distorting and anti-democratic effect on our politics.

[Samantha Dixon]

New clause 30 seeks to place a cap on the amount a person can donate to registered political parties in a calendar year. The Government aim to strike the right balance in relation to political donations to protect against foreign interference and improve transparency, while also ensuring that legitimate donors can continue to fund electoral campaigning.

This new clause goes a step too far in restricting legitimate donations and could significantly limit parties’ ability to raise sufficient funds to communicate their views to the electorate—an essential part of a healthy democracy and effective election process.

[Dr Chowns]

Will the Minister give way?

[Samantha Dixon]

I would prefer to press on; the hon. Lady will be able to respond later.

To better protect against those who seek to covertly undermine UK elections, we are instead strengthening rules and closing loopholes at all stages of the political donations process. I have described the measures in some detail earlier today: “know your donor”, the three steps for foreign companies, and the consideration we are giving to the Rycroft review.

A cap is not being placed across all donations because currently the majority of funding for political parties in the UK comes from private, corporate or other organisational sources. State funding accounts for around 10% of the total income of UK political parties. There is no public or political appetite to increase the level of state funding. I urge hon. Members of this Committee to reject this new clause.

New clause 54 proposes that the Secretary of State shares plans for establishing a royal commission to consider the effectiveness and merits of political expenditure controls and, in particular, a cap on political donations. A public inquiry is an extremely costly and lengthy process. Instead, we have already sought to ensure that our democracy is strengthened by considering recommendations from authorities and expert bodies in this area, including the Electoral Commission, the Committee on Standards in Public Life and the National Crime Agency.

Those risks and recommended solutions were taken forward and set out in our strategy for modern and secure elections, published on 17 July last year. Those commitments are now set out in full in this Bill. To ensure no stone was left unturned, the Secretary of State commissioned the independent Rycroft review to see where we could strengthen our laws and what could be recommended to protect against covert funding and foreign interference. I therefore hope that the hon. Member for Hazel Grove will withdraw new clause 54.

The purpose of new clause 58 is to require the Electoral Commission to conduct a review of the feasibility of a cap on annual expenditure by political parties, candidates and third parties, and then for the Government to issue a response containing proposals informed by that review. The Government agree that transparency and fairness are vital principles to be upheld in elections. Further, it is of the utmost importance to limit the risk of foreign interference.

We are committed to ensuring that we have robust systems to protect the UK from foreign interference, and this Bill reinforces electoral legislation against foreign interference. The commitment of the hon. Member for North Herefordshire to fairness and transparency in elections has been clear throughout the parliamentary process, and I share that commitment. The Government note the recommendations of the Rycroft review and will respond to those measures in due course.

New clause 65 would substantially cut national spending limits for political parties and would, for the first time, bring most campaign staff costs within scope. National spending limits were intended to strike a careful balance, allowing parties to communicate effectively with voters across the country while preventing money from dominating elections. In practice, parties generally campaign within the cap, which operates as a ceiling rather than a target. Those limits were set by Parliament in 2000 and have been uprated over time to maintain their real-world value.

Periodic uprating helps avoid eroding parties’ ability to communicate effectively with the electorate, so is consistent with the original policy intent that Parliament approved. The proposal to include campaign staff costs would represent a significant change to the regulatory framework, introducing additional complexity in how parties define roles and apportion costs. There is not currently clear evidence of a problem with this arrangement.

The Government note the issues raised about the level of the spending limits, including those highlighted by the independent Rycroft review. As Members know, we are considering those very carefully and will respond in due course. On that basis—and to allow that work to be completed first—I invite the hon. Member to seek to withdraw the new clause.

[Dr Chowns]

I have three quick points. First, the Minister implied that any limit on donations is unacceptable to her. That seems a very extreme position for the Government to take. Is that really the Government’s position in responding to new clause 30, tabled by the hon. Member for Stratford-on-Avon? The Minister seems to be taking that position, yet that new clause does not specify a particular level but that a cap should be set after a review, which is itself regularly reviewed. That seems a very reasonable approach. Does the Minister not recognise at all even the theoretical possibility that large donations can skew our politics? I would find that an extraordinary position for the Government to take.

Secondly, this seems to be completely inconsistent with the fact that last year the UK and at least 59 other countries co-sponsored a resolution passed at the Conference of States Parties to the United Nations Convention against Corruption that calls on states parties to consider limitations on donations

“with a view to combating corruption”.

The Government have already recognised that large donations into the political system carry a risk of corruption.

I do not expect the Minister to put a number on the table today, but to be consistent, would the Minister please take this away for consideration alongside the other issues that have come out of the Rycroft review? It is clear through this Bill Committee process that we need amendments to come forward that are not just driven by Rycroft, but also by some of the issues that Rycroft himself has highlighted as relevant yet outwith the specific terms of reference of his report—certainly including caps on political donations, expansion of the regulated period and reform of political advertising.

Thirdly, there is the point about how politics in the UK is largely funded through private company and trade union donations—I tried to pre-empt this, but the Minister did come back with it as well. I have not at any point argued for more state funding of politics—that could be a separate debate, but I am not arguing that. By discussing the arguments in favour of a cap on donations, together with the arguments for stronger limits on expenditure, I am arguing for a politics in which money skews politics less overall.

We can surely recognise that if one person can contribute—for the sake of argument—£9 million to an organisation or political actor then that will inevitably have a hugely skewing impact on our politics. Do the Government really not recognise that? Will the Government really not take any steps to limit political donations and that skewing and pollution of our politics?

[The Chair]

Does the Minister wish to respond further?

[Samantha Dixon]

No. I simply stand by my previous comments.

[Zöe Franklin]

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

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[Dr Chowns]

I absolutely do—indeed, that is what the next two amendments are specifically about. That clearly should be the next step; the provision was put in place in the Equality Act, so it is just about commencing something already there under section 106 that would apply to reporting on diversity with a range of protected characteristics, not just in relation to disability.

I completely agree that our politics should be representative of our population as a whole; we should all be challenging ourselves constantly, as individuals and as parties, to ensure that we are doing everything possible to address under-representation of certain groups. The lack of representation of women is particularly brought into focus by the fact that it is now nearly 100 years since the franchise was fully extended, yet women are still seriously under-represented in this House—and even more under-represented in local politics nationally. But there are many other dimensions of under-representation; while the first amendment relates specifically to support for disabled candidates, the next two amendments relate to that much wider spectrum. That is crucially important.

[Samantha Dixon]

New clause 31 would require the Electoral Commission to establish a fund to provide financial assistance to disabled candidates standing for election in England. It is the Government’s ambition to see more disabled people in public office, and we know that some disabled people still face additional financial barriers when contesting elected office. To address that, we are currently developing a new fund to support disabled election candidates with the disability-related extra costs they can experience, to enable participation on an equal basis.

We put the lived experience of disabled people and lessons learned from previous funds at the heart of our work to develop that new fund. We have engaged with a wide range of stakeholders, including MPs and disabled local councillors. We have heard how ensuring ongoing support is important to providing the reassurance people need to plan for the long term, as it can take a number of attempts to get elected. The Government are able to provide that type of support without this amendment, as they have done in the past, with the access to elected office fund from 2012 to 2015 and the EnAble fund from 2018 to 2020.

As part of our work to develop the new fund, we are considering how design elements might better support longevity, retaining the flexibility needed to ensure that the fund provided is fit for purpose. Given the ongoing work that the Government are doing in this area to establish a fund, I gently ask the hon. Lady not to press the new clause.

I now turn to new clause 34. The Government are committed to improving representation in politics. We encourage increased diversity in Government and political candidates, and have taken action to address that. Section 106 of the Equality Act 2010 is an uncommenced provision that would require registered political parties to publish anonymised data about the diversity of their candidate selections, in accordance with regulations. The Government are committed to commencing section 106 of the Equality Act. However, careful consideration needs to be given to how it might be implemented, the supporting regulations and whether any phasing might be needed in implementation. Officials will consult with stakeholders, including political parties, in due course.

[David Simmonds]

One of the issues that this proposal creates is that if we are seeking to assess the accessibility of politics for candidates from a range of backgrounds, we need to know not only about those who make it through and are nominated as candidates, but about the broader range of the public from whom those candidates are drawn. It is fairly standard, in terms of equalities impact, to understand from that data who is not making it through that process.

Has the Minister given any consideration to how that concern might be addressed, beyond simply gathering the data? That may not tell us who was simply not able to make it through the process and get to the point of being nominated as a candidate in the elections covered by section 106.

[Samantha Dixon]

The hon. Gentleman highlights exactly why further consultation is needed. This is a complex issue, and it needs to be discussed with all the major and minor political parties to explore how candidates are encouraged to come forward and the ways in which we can support political parties to become more diverse. I hope he accepts that response.

I turn to new clause 35. The Government really are committed to better representation, and we have taken a variety of actions to address that. As I have mentioned, section 106 is uncommenced, and we are committed to commencing it with careful consideration and at the appropriate time. I therefore ask the Committee to reject the new clauses, as that process is already in progress.

[Zöe Franklin]

I hear what the Minister is saying, and I am really pleased that the Government are undertaking that process, but what concerns me is that we go through sets of elections again and again without consistency across the nations. Some in our nations are supported to stand so that have a more representative democracy, while others—here in England—are not.

I am willing to withdraw my new clause, but I would appreciate it if the Minister committed to sharing a timeline. More importantly, will she commit to making information more available publicly—certainly to organisations working in this space and MPs—about what is happening about a fund to support candidates with disabilities? The same applies to my new clauses about section 106 of the Equalities Act.

One of the reasons why the new clauses had to be tabled is that, although the Government have said things on the public record, they have not shared what is happening behind the scenes. This is a matter of public interest. I will not press the new clauses to a vote, but I would appreciate it if the Minister came back on those queries.

[Samantha Dixon]

I will write to the hon. Lady and provide as much information as I can.

[Zöe Franklin]

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 33

Impact of the Act on trust in elections

(1) The Secretary of State must, within 12 months of the passing of this Act, publish and lay before both Houses of Parliament a report into the impact of the Act’s provisions on trust in elections.

(2) Any report made under subsection (1) must make proposals on any further measures required to increase trust in elections.

(3) For the purposes of this section, “trust in elections” includes public confidence in the fairness of elections, the voting systems used, and the representativeness of election results.

(4) In preparing the report, the Secretary of State must consult—

(a) the Electoral Commission;

(b) the Scottish Ministers;

(c) the Welsh Ministers;

(d) the relevant Northern Ireland department; and

(e) such other persons as the Secretary of State considers appropriate.”—(Zöe Franklin.)

Brought up, and read the First time.

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[Paul Holmes]

I rise to speak against new clause 33, which we contend is overly restrictive. While the hon. Member frames the new clause as a shield for democracy, in reality it is a recipe for bureaucratic paralysis and a dangerous encroachment on the natural administration of our elections. I refer to the reporting mandate mechanism in new clause 33, which demands that the Secretary of State publishes a report on “trust in elections” within just 12 months. That is a purely subjective academic exercise masquerading as policy.

Trust is not a metric that we can legislate into existence; it is a subjective measure. By forcing the Government to constantly review public confidence, we are effectively inviting the Secretary of State or Ministers to politicise the very foundations of our voting system. That may be the intention of the hon. Lady, but I contend that it is just another mechanism for parties who disagree with our voting system to carp on about it every year. I say to the Liberal Democrats and to other parties that might want new clause 33 to go ahead that we have tested public opinion on new voting mechanisms. As I have said on other Bills, it should be for the Government of the day to put forward changes to the voting system and electoral law in this country.

New clause 33 mandates consultation with Ministers across all devolved nations and the Electoral Commission before a report can even be published. While I respect our devolved partners, we have to accept that it is the policy of Governments in at least two jurisdictions to have different voting systems. In fact, we have different voting systems in those devolved Administrations. It seems to me that the hon. Lady is trying to propose a veto by committee structure. If we try to measure trust in politics, First Ministers and Governments will each put forward different views on whether trust has been measured. How do we measure trust? We can poll, and look at local and national election outcomes.

[Samantha Dixon]

Does the hon. Gentleman not agree that voting is an act of trust?

[Paul Holmes]

The Minister is absolutely right. I am a democrat. I believe that every hon. Member on the Committee has the backing of their constituents, albeit not by a margin that the Liberal Democrats, Greens, or other parties, might favour because they want to change the voting system. Each and every member of the Committee won more votes than each of their competitors. That is an act of trust: our constituents elected us under the system that was provided to them. That is the greatest measure of trust that can be portrayed in a result: securing a number of votes to win that election under the guidelines.

I think we are opening something of a Pandora’s box and, if I may say so, entering cloud cuckoo land if we get to a stage where this Parliament is mandating to measure public trust. There are organisations that do that. We have polling companies: in my view too many of them, and too many opinion polls—and that view is not just because the Conservative party are not in front in those polls at the moment. I find it difficult to support a requirement on the statute book for a report on the impact of the Act on trust in elections.

[Paul Holmes]

I agree with my hon. Friend. I honestly believe that the new clause does not add any value. It does the reverse. Indeed, the report that would be published within 12 months of the Bill passing could reduce trust in politics. Trust is subjective. We all have different opinions. Let us say that the Bill passes with this new clause and, 12 months after the next local elections or general election, there is a report on trust in elections. There are so many different opinions on the criteria outlined in the new clause that the Government would be reporting on, that there will be many people who disagree with the Secretary of State’s report, thereby undermining trust in the democratic process, whichever side of the coin they are on—on proportional representation, on first past the post, on the Electoral Commission, on the way in which parties were funded and on the way in which they campaigned. A general election itself is the ultimate arbiter of trust in politics.

This is one of the stranger new clauses that we have seen. I do not say that personally to the hon. Members for Hazel Grove and for Guildford, but we should be rolling back legislation. All the way through our consideration of the Bill, the Liberal Democrats and I have called on the Electoral Commission to do more, but we have also called for the Electoral Commission to have the right resourcing to operate the mechanisms for which both we and the Government, in different respects, have been calling. The new clause will add more bureaucracy and more reporting, and it will undermine trust in the electoral system, which is already—I absolutely accept—in a very delicate state.

However, the Minister is absolutely correct. The elections, as undertaken, and the results of the elections, as determined by the democratic will of the people of this country, are the result of trust. There are many organisations that can measure trust; I do not think that it is up to the Government to measure it. It is up to Governments to lose elections if they are not trusted, and it is up to Governments, or the Opposition, to win them if they are trusted. That is the way that things should stay.

[Samantha Dixon]

This Bill is about building trust and confidence in our electoral system. Regarding many of the reforms in the Bill, within a year of Royal Assent—the timescale within which the hon. Member for Guildford, who tabled the new clause, has suggested the report should come—they either will not have come into force or might not have had sufficient time to bed in and achieve their aims. Therefore, any assessment of impact at that stage could be premature, could risk producing misleading conclusions, and—as the hon. Member for Hamble Valley so eloquently put it—could reduce trust. For these reasons, we do not believe that there would be sufficient benefit in drafting and publishing such a report.

However, I would like to reassure Members that the Government are committed to robust monitoring and evaluation of the Bill, and we anticipate that that will show us whether the policies that are being introduced have achieved their aims, including—where relevant—relating to trust.

We earn trust and I will reiterate my point that voting is an act of trust. None the less, the Government are working hard to generate more confidence in our already trusted electoral system with this Bill.

Question put, That the clause be read a Second time.

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[Dr Chowns]

I think that I have made my point. Let us consider what the greatest threat to the integrity of our democracy is. I am concerned about the ways that concerns such as those articulated in these amendments have been weaponised by some political actors, so I will abstain if they are pressed to a vote.

[Samantha Dixon]

New clause 36 and amendment 25 would place a new legal duty on the Electoral Commission to produce guidance for returning officers on how to enforce the offences introduced by the Ballot Secrecy Act 2023. I stress at the outset how seriously the Government take all forms of electoral fraud or coercion, including family voting. It is illegal and unacceptable, and polling staff should feel confident to challenge and report any incidents.

However, I have serious concerns about these amendments. It is essential to point out that the commission can already issue guidance, and it already provides extensive guidance for returning officers. Putting the requirement into legislation would set a new precedent, allowing Parliament to direct how the commission produces its guidance in the future. The Commission’s independence, as we discussed earlier, is central to public confidence in how elections are run. Because the amendments would require Ministers and Parliament to approve or even change the guidance, there is a real risk that people would see that as political interference and involvement in something that should remain an operational matter for the commission.

The extra approval steps could also delay clear guidance for returning officers. If Parliament rejected the draft guidance, the commission would have to start again, creating uncertainty for those responsible for enforcing ballot secrecy. For those reasons—concerns about independence, ministerial involvement, added complexity and the precedent they set—the Government cannot support the amendments.

[Paul Holmes]

The hon. Member for North Herefordshire made some comments that, I think, questioned my integrity in making my speech.

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[Dr Chowns]

I am going to rise above the party political aspects of the shadow Minister’s comments, but I want to engage with his extraordinary claim that communicating with people in their mother tongue is, in some way, exploitation. He expressed concern about the inclusion of diverse communities in our country. He talked about social cohesion, but what he is proposing is essentially a nativist policy. As was highlighted by the hon. Member for Cumbernauld and Kirkintilloch, Gaelic speakers are accepted but Urdu speakers are not. I fundamentally disagree.

Of course, as a country we should provide support to assist people to learn English, but we should not force them, as the shadow Minister argued. If they are not yet fluent, it seems perfectly reasonable—in fact, clearly helpful for inclusion and participation—to provide election materials in the language in which they can be best understood. Indeed, that is what returning officers do. Election officers provide information in multiple languages, so why should parties and candidates not also be free to do so?

Let me quote from the guidance for returning officers on the Electoral Commission’s website:

“Some voters may need assistance in another language because of their limited English (or English or Welsh) language skills. You should consider what support you are able to provide to those voters in your area, such as providing translations of the polling station notices.”

In Gorton and Denton, the polling station provided information in multiple other languages. The effect of the new clause would be exclusionary and discriminatory, and I strongly oppose it.

[Samantha Dixon]

New clause 37 would ban the use of foreign languages in campaign material during the regulated period—it would make it a criminal offence. A primary purpose of the Bill is to encourage more people across society to engage and participate in our democracy. The new clause would not serve that purpose. It is not for the Government to prescribe the languages that campaigners are permitted to use to engage voters who come from a wide range of diverse backgrounds across the constituencies we represent. It is certainly not for the Government to criminalise the use of certain languages.

Various electoral and non-electoral offences protect against malicious forms of campaign material, which is, in essence, what the hon. Member for Hamble Valley was talking about. For example, it is an offence to publish or distribute threatening, abusive or insulting material that is intended or likely to stir up racial hatred. It is also an offence to improperly influence someone to vote in a particular way or refrain from voting. That would include, for example, a leaflet that threatened to make use of force or place undue spiritual pressure on a person in order to induce them to vote in a particular way or refrain from voting. Those offences apply regardless of the language used in the campaign material.

The Government have no plans to regulate the use of foreign languages in campaign material. We are seeking to minimise barriers to participation while safeguarding the integrity and security of elections. The measures in the Bill are intended to restore faith in our politics and ensure that the UK continues to be a thriving and diverse democracy. The new clause is entirely incompatible with those intentions. I therefore ask the hon. Gentleman to withdraw it.

[Paul Holmes]

I wholly accept the Minister’s comments; I did not expect that she would be looking into this. I acknowledge the comments made by the hon. Member for North Herefordshire, too. She used the example of returning officers. They are filling things in and conducting a process; they are not using foreign languages to exploit a section of our society against a policy or a party in this country with which they happen to disagree. That is the clear and distinct difference, and that is the example that I used in moving the new clause. Her example is about the process; my example is about using foreign language to exploit a political message in an advantageous way. That is why I tabled the new clause, and I wish to press it to a vote.

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[Dr Chowns]

I refer the hon. Gentleman to the very next new clause on the selection list, which engages with precisely that question.

In addition to New Zealand, there are similar rules about the regulation of political advertising in Australia. On the question of who will adjudicate, there is currently no independent body with the power to adjudicate on the truthfulness or accuracy of non-broadcast political advertising. That is an issue. Provision has been made in the new clauses for a separation: the code of practice would be established by the Electoral Commission and the oversight of the decision making—the adjudication—would be done by a different body.

The 2020 report by the Lords Democracy and Digital Technologies Committee, “Digital Technology and the Resurrection of Trust”, called for a regulatory committee on political advertising that would involve relevant experts from the Advertising Standards Authority, the Electoral Commission, Ofcom and the UK Statistics Authority, who would co-operate through a regulatory committee on political advertising. Political parties would then work with those regulators to develop a code of practice, along with appropriate sanctions, that restricts fundamentally inaccurate advertising during a parliamentary or mayoral election or referendum. The Lords Committee recommends that that regulatory committee should adjudicate breaches of the code, and that is effectively what new clause 63 would put in place.

“What then would happen about sanctions?” I hear hon. Members ask. Well, that takes us on to new clause 64, which again creates a separation. It would establish an enforcement framework and enable the Electoral Commission to impose civil sanctions for breaches of the advertising code, basically according to a ladder of increasing seriousness.

I warmly recommend the new clauses to the Government and the Committee. Despite the rapidity of my speech, given the shortness of time, the way that advertising can distort our politics is a crucial issue. I very much hope that the Government will warmly consider the issues, alongside all the other ones that they will hopefully come back to us on at a later stage.

[Samantha Dixon]

New clause 59 would create a new offence of misleading the public in a parliamentary election campaign, which could be committed by candidates in election campaigns. Unfortunately, that approach risks turning the courts into political fact checkers. It risks undermining public confidence in the judiciary and would create significant freedom of expression concerns. In line with the recommendation from the Speaker’s Conference, we will work with the Conference, the Electoral Commission and political parties to develop a campaigning code of conduct that is fit for purpose and reflects the need of candidates across the political spectrum.

I also draw the hon. Member’s attention to section 106 of the Representation of the People Act 1983, which makes it an illegal practice to make or publish a false statement of fact in relation to the personal character or conduct of a candidate the effect of which impacts the election result.

I will speak to new clauses 61, 62, 63 and 64 together. These new clauses would amount to a significant expansion of the regulatory framework governing political campaigning and electoral advertising. They would introduce a statutory code of conduct for political campaigning, a statutory electoral advertising code and a new electoral advertising code committee to oversee, adjudicate and enforce compliance with the advertising code, funded through a levy on political parties.

We welcomed the recommendation from the Speaker’s Conference to develop a code of conduct for campaigning. We are working with the Speaker, the Electoral Commission and political parties on an approach that is fit for purpose, and that works across the broad range of candidates and campaigners.

That work is already under way. Ahead of the May 2026 elections, the Electoral Commission has published a first set of advisory principles for campaigning respectfully and safely. The published principles already address key issues that these new clauses try to address. The Electoral Commission has also made it clear that these principles are the start of that work, rather than the end of it, and, after the May elections it will assess how the principles operated in practice, and use that assessment to inform development of a fuller code of conduct.

A non-statutory approach offers the best opportunity for the code to be developed collaboratively, with strong cross-party engagement and sufficient flexibility to ensure that it remains meaningful, and can be refined in the light of experience and developments in campaigning practice over time. It would be better to allow that work to continue and to be evaluated in practice, rather than to prescribe the content and process for an evolving set of codes in the Bill.

New clauses 62, 63 and 64 would place regulators in the position of adjudicating factual claims made in the course of political campaigning, an area that is inherently contested and closely connected to political opinion. Although safeguards are included, there remains a real risk of regulatory creep, drawing independent regulators into disputes around policy or political arguments, which can be rebutted by rival campaigners and scrutinised by the press as part of the normal course of political debate.

Any reforms in this space must be considered carefully and developed in consultation, in order to ensure that changes to the regulation of political advertising are proportionate, protect freedom of expression and maintain public confidence in the independence and impartiality of regulatory bodies.

Therefore, I respectfully ask the hon. Member to withdraw new clause 59.

[Dr Chowns]

I beg to ask leave to withdraw the motion.

New clause, by leave, withdrawn.

--- Later in debate ---

[Dr Chowns]

I beg to move, That the clause be read a Second time.

The new clause would remove the prohibition on the Electoral Commission’s instituting criminal proceedings in England, Wales and Northern Ireland—a capacity that the Electoral Commission previously had, which was removed by the Elections Act 2022. We currently have a bizarre situation where any individual or organisation other than the Electoral Commission can make a private prosecution against breaches of political finance law but the Electoral Commission cannot. That gives rise to a criminal enforcement gap, which is not helped by a lack of investigatory and prosecutorial lead capacity, especially for UK-wide offences. Other similar regulators in the UK can bring criminal proceedings in areas under their auspices, so there is a real question: why not the Electoral Commission?

I note that Philip Rycroft dealt with that question in his report and recommended an alternative approach. I have tabled the new clause as a probing amendment to ask the Government to provide more clarification. If we are not going to give these powers to the Electoral Commission, who should take the lead? The status quo is clearly not working. There is an alarming lack of prosecution in this space, going back quite a number of years. The net effect is essentially that people can escape from prosecution. If it is not going to be the Electoral Commission, we need much more investment in the capacities and powers of the police. I understand that we have a situation where the police might not feel that investigations are necessarily in their interest, because the fines that can be charged are not proportionate to the huge amount of police time that might be required to investigate the issues.

I would like to hear from the Government how they will address the clear gap in the capacity of the system overall to initiate criminal proceedings on breaches of electoral law. An obvious solution would be to put it through the Electoral Commission. I recognise that Philip Rycroft has a somewhat different view. Will the Government please explain their view?

[Samantha Dixon]

New clause 66 would remove the prohibition on the Electoral Commission bringing criminal proceedings in England, Wales and Northern Ireland that was introduced in the Elections Act 2022. To be clear, the Electoral Commission has never brought criminal prosecutions, even prior to the changes introduced by the Act. It has a wide range of investigatory powers and is able to impose a variety of civil sanctions for certain offences. The Bill already extends and strengthens those powers to promote more robust and proportionate enforcement.

Where criminal investigation and prosecution is required or thought appropriate for certain offences, the Commission refers those cases to the police and the relevant prosecuting authority, who are experts in this domain. The Government recognise the importance of ensuring that electoral law is enforced effectively, and that there is there is public confidence in the system of regulation governing political finance. That is why we commissioned the Rycroft review.

As the hon. Member for North Herefordshire pointed out, the review looked specifically at criminal enforcement arrangements and concluded it entirely appropriate that criminal investigations are handled by the police, the Crown Prosecution Service and the Public Prosecution Service for Northern Ireland. The review noted that it would be unnecessary and potentially counterproductive for the Electoral Commission to have a prosecutorial role; it would require significant investment in specialist expertise that might be deployed only sporadically.

Furthermore, although the Electoral Commission must enforce electoral law without fear or favour, it must also engage constructively with campaigners to help them to comply with the rules. Rycroft noted that it would be difficult for the Electoral Commission to maintain that constructive regulatory role with political parties if it were also pursuing criminal prosecutions.

Given the review’s findings on this issue, we do not think that any changes are needed to the Electoral Commission’s role. We will respond fully to the Rycroft review in due course and consider whether any other legislative changes are necessary in line with its findings. I request that the hon. Member for North Herefordshire withdraw the new clause.

[Dr Chowns]

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Clause 75

Power to make consequential provision

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

Clauses 76 to 81 stand part.

Government amendment 21.

[Samantha Dixon]

I turn to the final clauses in the Bill, which make general provisions and are standard practice for a Bill. Given the hour, I do not intend to go through each of the remaining clauses individually and will move them formally. As I have stated, they are standard practice and necessary provisions. We have also already debated and accepted new clause 14, which Government amendment 21 relates to. I therefore urge Members to accept all of these general provisions, as well as the consequential Government amendment 21.

Question put and agreed to.

Clause 75 accordingly ordered to stand part of the Bill.

Clauses 76 to 79 ordered to stand part of the Bill.

Clause 80

Commencement

Amendment proposed: 33, in clause 80, page 100, line 15, at end insert—

“(1A) Part 1 does not come into force until the Secretary of State has laid a report before both Houses of Parliament that reviews why the age at which it would become legal to vote in parliamentary general elections should differ from the following—

(a) the age of majority in the Family Law Act 1969;

(b) any minimum ages specified in law which the Secretary of State considers appropriate to review.”—(Paul Holmes.)

This amendment would prevent Part 1 of the Act coming into force until the Secretary of State had undertaken a review of the consistency of the age of majority with the age of voting set out in this Act.

Question put, That the amendment be made.