Representation of the People Bill (Fifth sitting) Debate
Full Debate: Read Full DebateSamantha Dixon
Main Page: Samantha Dixon (Labour - Chester North and Neston)Department Debates - View all Samantha Dixon's debates with the Ministry of Housing, Communities and Local Government
(1 day, 9 hours ago)
Public Bill Committees
The Chair
Good morning. Would everyone ensure that all electronic devices are turned off or switched to silent mode? We will continue line-by-line scrutiny of the Bill. The selection list for today’s sitting is available in the room and on the Parliament website. That shows how the clauses, schedules and selected amendments have been grouped for debate.
I remind the Committee that a Member who has put their name to the lead amendment in a group is called first or, in the case of a stand part debate, the Minister will be called to speak first. Other Members are then free to indicate that they wish to speak in that debate by bobbing. At the end of a debate on a group of amendments, new clauses and schedules, I shall call the Member who moved the lead amendment or new clause. Before they sit down, they will need to indicate if they wish to withdraw the amendment or new clause or to seek a vote.
If any Member wishes to press any other amendment—including grouped new clauses and schedules—in a group to a vote, they need to let me know. The order of decisions follows the order in which amendments appear on the amendment paper. I hope that explanation is helpful. I may ask for it to be recited back to me.
Clause 30
Local connection and service declarations ceasing to have effect
I beg to move amendment 8, in clause 30, page 40, line 30, leave out paragraph (a) and insert—
“(a) in subsection (1), omit from “and except” to the end;”.
This amendment and Amendment 9 correct amendments of section 201(1) of the Representation of the People Act 1983 so as not to introduce a requirement for regulations made by the Electoral Commission to be made by statutory instrument. Such regulations are subject instead to procedural requirements under Schedule 1 to the Political Parties, Elections and Referendums Act 2000.
The Chair
With this it will be convenient to discuss the following:
Government amendment 9.
Clause 30 stand part.
Government amendments 19 and 20.
I thank all Committee members for their attendance today. We will hopefully be swift and painless as we go through our deliberations. I will turn to clause 30 first, before talking to technical Government amendments 8, 9, 19 and 20, tabled in my name.
Clause 30 provides that, where the circumstances on which a declaration of local connection was made no longer apply, the registration based on that declaration will cease to have effect. That is determined by the electoral registration officer in accordance with affirmative procedure regulations, made by the Secretary of State for non-devolved elections and Welsh or Scottish Ministers for devolved elections. Members will recall, I hope, from clause 4 that declarations of local connection allow individuals to register to vote where they do not have a fixed or permanent address, and are therefore registered on the basis of specific qualifying circumstances. Where those circumstances change, it is appropriate that registration should not continue on that basis.
The clause also requires that, where a person is removed from the register in these circumstances, whether the registration was based on a declaration of local connection or a service declaration, they are notified in writing and informed how to make a new declaration, if appropriate. That is a necessary administrative measure that helps to ensure that the electoral register remains accurate and reflects individuals’ current circumstances.
Amendments 8, 9, 19 and 20 are technical Government amendments that ensure that the Secretary of State’s existing power to make regulations under section 29(8) of the Representation of the People Act 1983 is preserved. Nothing in the amendments changes policy or introduces new requirements. They simply ensure that amendments made elsewhere in the Bill do not inadvertently remove or narrow an important regulation making power that supports the effective administration of elections. I commend the amendments to the Committee.
It is a pleasure to serve under your chairmanship, Dame Siobhain. The Minister outlined this group in some detail. The Opposition have many disagreements with the Bill, but this is an implementation clause, with amendments that are technical and needed to tweak the system, in essence, in order to carry this through. We have no problem with the clause and will not contest it.
Amendment 8 agreed to.
Amendment made: 9, in clause 30, page 40, line 37, at end insert—
“(1ZA) Regulations made by the Secretary of State or the Welsh Ministers under this Act are to be made by statutory instrument, except in the case of regulations under section 29(8).”—(Samantha Dixon.)
See the explanatory statement for Amendment 8.
Clause 30, as amended, ordered to stand part of the Bill.
Clause 31
Seniority of electoral registration officers
Question proposed, That the clause stand part of the Bill.
Electoral registration officers are responsible for maintaining accurate and complete electoral registers, which are fundamental to the integrity of elections. The clause ensures that those appointed to that role are senior officers within their authority, with the authority and accountability needed to oversee this important function effectively.
By defining “senior officer” with reference to existing statutory roles, the clause provides clarity while allowing appropriate flexibility for councils. The clause applies across England and Wales, taking account of the different local government frameworks in each. Taken together with section 28 of the Representation of the People Act 1983, this change means that the returning officer for UK parliamentary elections, and police and crime commissioner elections, must be a senior officer of the local authority, who can command the use of the local authority resources needed to run elections effectively. I therefore commend the clause to the Committee.
Question put and agreed to.
Clause 31 accordingly ordered to stand part of the Bill.
Clause 32
Anonymous registration
Question proposed, That the clause stand part of the Bill.
A person, or someone in their household, who would be at risk if their name and address were published on the electoral register, can register to vote anonymously. Anonymous electors have their names and addresses withheld from the electoral register. The anonymous registration regime has been in place for close to two decades, and gives confidence to a vulnerable group of electors to participate in our democracy. For example, survivors of stalking or domestic violence, and staff working in certain sensitive fields, are users of this registration route.
As things stand, anonymous electors have to reapply annually to maintain their registration, or are removed from the register. That places a substantial burden on both that group of applicants and on administrators. To support this vulnerable group of electors and reduce the burden on administrators, we are extending the period of anonymous registration by increasing it from one year to three years. A three-year period of anonymous registration ends the burden of yearly reapplication for applicants, while maintaining the requirement for reapplication, which is vital to ensure that an individual’s electoral registration arrangements are suitable for them. I commend the clause to the Committee.
We welcome the clause and the proportionate measures that the Minister is proposing. It goes without saying, and I think everybody across the Committee would accept, that vulnerable people in our society—who may be going through difficult circumstances through no fault of their own—should have the absolute right to register and participate in our democratic processes. We think the change from annual registration to three-year registration is proportionate.
Can the Minister briefly outline how the change will be monitored? Is she confident that the resources are in place so that, when we move from annual to three-year registration, EROs have the systems and emphasis to ensure the register is refreshed and people are removed when they wish to be? On the whole, we agree with the clause entirely, and will not be contesting it.
I thank the Opposition for their support for this measure, which is important for a particularly vulnerable group of electors. The three-year cycle that is proposed aligns with the three-year postal vote cycle, which many of these voters will be using for a variety of reasons. Given that it aligns with that particular cycle, we can be assured that it will be no less of a burden—in fact, it will ease the administrative burden. With that, I commend the clause to the Committee.
Question put and agreed to.
Clause 32 accordingly ordered to stand part of the Bill.
Clause 33
Pre-election applications for registration
Question proposed, That the clause stand part of the Bill.
Clause 33 sets out in law a clear and unambiguous deadline to register to vote in advance of a poll. Subsections (2) and (3) set the deadline at 5 pm, 12 working days before a poll. That brings the deadline forward by seven hours from the existing deadline of 12 working days before a poll. We believe that is the right thing to do for electors and administrators. It creates consistency by aligning the 5 pm deadline with other citizen-facing deadlines, including absent vote and voter authority certificate application deadlines. It will also allow any queries or issues with a registration application to be effectively addressed within the working day by electoral administrators.
Subsections (4) and (5) introduce a power for the Secretary of State and Scottish and Welsh Ministers to make regulations to change the deadline for elections that they have a responsibility for. In doing so, they might consult the Electoral Commission. Regulations must be subject to the affirmative procedure.
Clause 34 repeals unique requirements for additional documentary evidence to always be provided by anyone trying to register to vote just before an election, even if the chief electoral officer is confident of their eligibility based on the data held. The current late-registration requirements in Northern Ireland require that additional documentary evidence to support an application to register must always be provided by anyone trying to register just before an election, even if the routine data checks carried out by the chief electoral officer provide a clear address and identity match.
The chief electoral officer for Northern Ireland has made it clear that he has full confidence in the quality of the data available to him. That allows him to be confident in the identity of the vast majority of people making applications to register to vote. Therefore, it is necessary to request supporting evidence from applicants only where the data check is not clear. The repeal of these requirements will make voter registration easier for many people. In particular, it will remove an unnecessary barrier for many younger electors who may have fewer forms of documentary evidence than those over 18.
Question put and agreed to.
Clause 33 accordingly ordered to stand part of the Bill.
Clause 34 ordered to stand part of the Bill.
Clause 35
Electoral identity card issued in Northern Ireland: month and year of birth
Clause 35 allows for a change to the electoral ID cards that are produced by the Electoral Office for Northern Ireland. The change will enable the Electoral Office for Northern Ireland to produce a card that is sufficient to meet a narrower electoral requirement and will prevent misuse.
By moving to a system where cards display only the month and year of birth, we maintain the electoral requirement of the card, while also relieving pressure on the resources of the Electoral Office for Northern Ireland. The change will ensure that electoral ID cards are used for their intended purpose of facilitating participation in our democracy. It will allow the Electoral Office for Northern Ireland to focus its limited budget on delivering effective and secure elections.
Question put and agreed to.
Clause 35 accordingly ordered to stand part of the Bill.
Clause 36
Regulations as to registration etc: information to assist registration officers
Question proposed, That the clause stand part of the Bill.
The clause will support EROs with their duties to maintain complete and accurate registers, and facilitate the implementation of other clauses in the Bill related to direct registration, such as clauses 17 and 18. Clause 36 has two main effects. First, it will clarify the level of access that EROs should have to local authority datasets, and secondly, it will build the legislative framework to allow data sharing between Government Departments and other bodies with EROs.
On the first point, EROs currently have powers to access data from local authorities, or anyone providing services to that authority, to enable them to discharge their duty to maintain a complete and accurate register. However, in some cases, they face barriers to accessing the data they need. Local authorities interpret the extent of access they can provide in different ways, which creates an inconsistent picture of data access for EROs across the country. To address that, subsection (2) amends an existing power to clarify the rights of EROs to access local authority data to support electoral registration processes.
I now turn to the second impact of the clause. We know that there are opportunities to make better use of citizen data from across the public sector, including in the electoral registration space. The clause also includes a new power to enable better data sharing between Government Departments and other bodies with EROs. Subsection (3) introduces that power, which provides the legal basis for regulations setting out specific data-sharing arrangements and further data-sharing agreements. Given the importance of the clause to implementing clauses 17 and 18, I urge Members to support it.
Question put and agreed to.
Clause 36 accordingly ordered to stand part of the Bill.
Clause 37
Edited register: electors to opt in
Question proposed, That the clause stand part of the Bill.
Our electoral registration system relies on public confidence, part of which is knowing how personal data is used and having genuine control over it. As we update voter registration processes and prepare to extend the franchise to younger citizens, it is essential that the protections around personal information keep pace.
The open, or edited, register is not used for elections. It is available to be purchased and used for a wide range of purposes. The Bill introduces a clear and important safeguard. Electors will no longer be placed on the open register by default. Instead, they will be asked directly whether they wish to appear on it. That ensures that inclusion is an active decision rather than a presumption.
An opt-in approach gives people stronger control, aligns with guidance from the Information Commissioner’s Office, and reflects modern expectations of consent with regard to personal data. As we move towards more automated forms of registration, individuals might not always complete an application form themselves. In that context, it would no longer be fair or appropriate to assume inclusion on the open register. Moving to an opt-in system ensures that no person appears on the open register without their explicit consent.
Strong protections for younger people are built into that change. Anyone under the age of 16 registering as an attainer will be automatically excluded from the open register and will not be able to opt in. At its core, this measure strengthens the standard of consent, protects personal data and supports a modernised approach to voter registration. It contributes to a system that is secure, transparent and respectful of individual choice, ensuring public confidence as registration processes evolve. I commend clause 37 to the Committee.
We welcome the clause, but I have a couple of quick questions for the Minister. We must seriously consider anything that the Electoral Commission and electoral administrators have called for, and the Government have. The open register seems quite outdated and does not give the user or the person on it convenience or security. It is used for a number of different things that opens people up to unsolicited advances by dodgy people, if I can say that in Hansard. We therefore think that the clause is perfectly sensible.
This is perhaps my ignorance, but I want to ask the Minister about these changes in connection with the duties of Members of Parliament. I might be entirely wrong, and I do not expect officials to have a quick answer, so if the Minister wants to write to me, she may. I am not sure whether the software that Conservative Members of Parliament use for their casework relies on buying the open register, or what Labour Members use when they get a piece of casework to search for somebody who has not written to them before. If that is in the purview of the Minister’s Department—if not, that is fine—perhaps she can write to me about whether our duties and roles in this respect might be affected. Other than that, we think the clause is perfectly sensible, and we will not seek a Division.
As the hon. Member suspected, I do not have the answer to that question to hand. It is an interesting question, and I will supply a response as soon as I can.
Question put and agreed to.
Clause 37 accordingly ordered to stand part of the Bill.
Clause 38
Provision of assistance by local authority officers to returning officers
Question proposed, That the clause stand part of the Bill.
Clauses 38 and 39 deal with returning officers. As Members will know, returning officers play a central role in delivering elections and maintaining public confidence in the democratic process. Their decisions carry significant legal and operational responsibility. Returning officers rely on the support of local authority officers to support the effective and efficient running of elections. That is particularly important where constituencies cross local authority boundaries.
Clause 38 ensures that all local authorities in England and Wales are required to make their officers available to support the returning officer for UK parliamentary elections that fall wholly or partly within their area. That removes any ambiguity about local authority support responsibilities to returning officers, and helps to ensure that elections are administered smoothly and consistently. It aligns the position in England and Wales with the existing statutory arrangements in Scotland, promoting a coherent approach across Great Britain. The clause provides clarity and certainty, ensuring that returning officers have access to the local authority officer support they need in order to deliver well-run and trusted elections.
Clause 39 ensures that those appointed as returning officers are senior officers within their authority, with the experience, authority and accountability needed to manage complex electoral activity. In Scotland, the clause requires a senior officer to be appointed as returning officer for UK parliamentary elections, with provision for a designation where a constituency spans more than one council area.
In England, equivalent seniority requirements apply for returning officers at local elections, including those administered by London borough councils and the Greater London Authority. By ensuring that returning officers hold appropriately senior positions, the clause strengthens accountability and supports the effective administration of elections.
Question put and agreed to.
Clause 38 accordingly ordered to stand part of the Bill.
Clause 39 ordered to start of the Bill.
Clause 40
Timing of proceedings for nominations
Question proposed, That the clause stand part of the Bill.
Clause 40 makes changes to the deadlines for submitting nomination papers to returning officers at elections. Currently, nomination papers may be delivered between 10 am and 4 pm on any day in the period for submitting nominations, including the final day. Under the proposals in the clause, at a UK parliamentary election and at Northern Ireland local elections, nomination papers may be delivered to the returning officer between 9 am and 5 pm on any day of the nomination period except the last day, and between 9 am and 12 noon on the last day for submitting nomination papers. The change will therefore provide greater flexibility for political parties and prospective candidates when submitting their nominations.
As indicated, the clause will also move the deadline to submit nomination papers on the final day earlier, to midday. The deadline for making objections to nominations at UK parliamentary elections is set at 12 noon, except in relation to nominations delivered on the last day, for which the deadline will be 1 pm. That will allow returning officers to begin printing ballot papers earlier, and so reduce pressure on printing and delivery of postal ballot papers.
Alongside the planned forthcoming change to the postal vote application deadline—to be made by secondary legislation, and detailed in the Government’s strategy for elections, published last July—the adjustments will provide additional time for electoral administrators to process postal vote applications and to prepare and issue postal ballot packs, while still ensuring adequate time for candidates to submit their nominations. I commend the clause to the Committee.
Question put and agreed to.
Clause 40 accordingly ordered to stand part of the Bill.
Clauses 41 and 42 strengthen the candidate nomination process by introducing new safeguards. That will protect the integrity of our elections and prevent impersonation or false nominations.
Recent years have seen individuals stand for election in order to be disruptive, or as sham candidates. A recent case saw multiple individuals standing under the same name across a number of constituencies, highlighting the need for identity checks. The Speaker’s Conference recommended introducing candidate ID and stronger nomination requirements to prevent candidates from misleading the electorate or undermining the integrity of the democratic process.
Clause 41 introduces a new requirement for those wishing to stand for election to provide evidence of their identity. The returning officer can deem a nomination invalid if there is a discrepancy in the ID that cannot be resolved to their satisfaction, or reject it if the ID leads them to doubt that the candidate is who they claim to be. If we are asking electors to identify themselves to register and vote, it is perfectly reasonable to ask candidates to do the same to stand.
We are reinforcing the integrity of the nomination process by introducing a requirement for candidates to sign a declaration with their nomination, setting out that they understand it is a criminal offence to knowingly provide false information on nomination papers and that their papers do not include any false information. In combination, these measures will deter prospective candidates who wish to abuse the system and undermine our democratic processes.
Clause 42 mirrors, for local elections in Northern Ireland, the provisions in clause 41 requiring candidates at UK parliamentary elections to provide proof of identity as part of the nomination process. To summarise, candidates at local elections in Northern Ireland will be required to include proof of identity with their nomination papers and to sign a new statutory declaration confirming that they understand it is a criminal offence to knowingly provide false information on nomination papers. We intend to extend these measures through secondary legislation to Northern Ireland Assembly elections. I commend the clauses to the Committee.
I welcome the Minister outlining these measures. We agree with them, but I note the slight irony that the Minister has given examples of wanting to stop impersonation and disruptive candidates and to protect the integrity of the election system, when later in the Bill there is a watering down of identification requirements for those who want to vote in UK elections. If she now believes that we need to strengthen the process by instigating a form of ID to stand in elections— I understand that the types of ID will be brought forward in secondary legislation, and we have no problem with that, as long as it is done clearly—what are her views on moving towards photographic ID being provided—
Lisa Smart
I am grateful for the hon. Gentleman’s confirmation of his assertion. Currently, there are higher barriers for voting than there are for standing in an election. That situation baffles me. We should be welcoming as many people as possible to vote if are entitled to. I am reasonably confident that we will discuss this matter more as the day progresses.
The Liberal Democrats welcome these clauses, because it is wholly sensible that there should be proof, particularly around home address. In our experience of elections, many of us will have seen looser or tighter interpretations of where somebody is living when standing for election. It is very welcome that proof must be provided in this way; there should be bars that candidates need to jump over to stand in an election. Those bars should be proportionate, and we feel that the Government’s proposal is entirely proportionate, so we support it.
To respond to the question’s from the hon. Member for Hamble Valley, we are currently finalising the details of the proposals, to make sure we strike the right balance between security and accessibility, and we will set more details out soon.
We anticipate that the candidate ID check will be different from the voter ID check. Voters show ID once, at the ballot box; candidates are in the public eye for weeks. If somebody attempts to mislead the public, there should be multiple opportunities for scrutiny, but the new checks will add an early safeguard that does not currently exist.
Later today, we will discuss our views around identification for those coming to the ballot box, but this important step forward for the nomination process will prevent people from disrupting our democratic process.
Question put and agreed to.
Clause 41 accordingly ordered to stand part of the Bill.
Clause 42 ordered to stand part of the Bill.
Clause 43
Withdrawal of certificates authorising candidate descriptions
Question proposed, That the clause stand part of the Bill.
The purpose of the clause is to enable political parties to withdraw support for candidates prior to the close of nominations, which is not currently possible. Parties will be able to take appropriate action when concerns about a candidate arise during the nomination period. Under the clause, at UK parliamentary elections and local elections in Northern Ireland, the registered nominating officer of a political party will be able to revoke their authorisation for a candidate to use the party’s description in their nomination papers up to 48 hours before the close of nominations.
Upon such a request being made, the candidate’s nomination would be cancelled, and their name would not appear on the ballot paper for that party. The clause will only allow such requests to be made up to 48 hours before the close of nominations. We have decided that to ensure that the candidate would still have time to resubmit nomination papers to stand for another party or as an independent candidate by the close of nominations. The party would also be able to nominate a new candidate to stand in place of the original candidate. We believe that making this change is right in order to ensure that, when concerns arise about a candidate during the nomination period, political parties will be able to withdraw their support and nominate a new candidate.
We welcome the clause. It has common sense and provides the ability for political parties, no matter what they are, to protect their reputation and integrity by clearly removing support from an election candidate who may have gone slightly skew-whiff. Let us face it: every party in this House—and outside it—has wrong ’uns, to use the technical term, in its midst. Enabling parties to withdraw support at that early stage is a vital and pragmatic step.
Has the Minister done a risk assessment on the effects on staff? I suspect that this legislative change will mean that Reform staff have a huge amount of work to do, given the number of candidates that their party suspends at elections and how often it is unable to get a candidate who has remotely sensible views. Will there be an impact assessment about the work created when Reform is standing candidates? Other than that, we are completely in support of the clause.
The hon. Gentleman tempts me, but I will not go into that particular arena. I will say that we are taking a balanced approach and that we have discussed the issue with electoral administrators. We do not believe that this approach is going to impose administrative burdens on returning officers, and it should allow the polls to run more smoothly than under the current arrangements.
Question put and agreed to.
Clause 43 accordingly ordered to stand part of the Bill.
As we have just discussed, clause 43 enables a political party to withdraw authorisation for a candidate to stand on its behalf prior to the close of nominations. Clause 44 makes provision in relation to the subscription to nomination papers as a consequence of that change.
Under clause 44, if a person who has previously subscribed to the nomination paper of a candidate at a parliamentary election but the party withdraws its support for that candidate, which as a consequence invalidates the nomination, that person may subscribe to another nomination paper. That also applies to any time a nomination is ruled to be invalid due to a problem with the party description.
We believe that it is right for a subscriber in that circumstance—when the original nomination has been deemed invalid, through no fault of the subscriber—to be able to subscribe to another nomination paper if they wish to do so. That would allow them to subscribe to an alternative candidate put forward by the party, or to the same candidate if that candidate was now running as an independent or for a different party. I hope that hon. Members will support the measure.
We support the clause and think it a pragmatic and proportional response to the other legislative changes that the Minister has outlined. We all know what happened before—candidates would have to run around to get 10 signatures, although that figure went down to two signatures under the last Government. That was a good thing, particularly because in some circumstances it is harder for smaller parties suddenly to find somebody else within a ward or a geographical area to sign nomination papers. Even for the main parties, in some geographical areas it is harder to get nominations than in others.
Clause 44 is a pragmatic solution. It favours smaller parties that do not have the infrastructure of larger parties, enabling them to put up candidates subject to the implications of clause 43. We wholly support it.
Question put and agreed to.
Clause 44 accordingly ordered to stand part of the Bill.
Clause 45
Police contact form
Question proposed, That the clause stand part of the Bill.
The Chair
With this, it will be convenient to discuss the following—
New Clause 56
“Duty of Electoral Commission to provide candidate safety guidance
(1) The Electoral Commission must, within 6 months of the passing of this Act, prepare and publish guidance on the safety and security of candidates and campaigners during election periods.
(2) The guidance must include information about—
(a) identifying, recording and reporting threats, abuse and intimidation;
(b) physical and online security measures; and
(c) the roles of the police, the Electoral Commission and any other relevant public authority in relation to candidate safety during an election period.
(3) The Electoral Commission must keep the guidance under review and revise it whenever it considers appropriate.
(4) A returning officer must provide each validly nominated candidate with a copy of, or an electronic link to, the guidance as soon as reasonably practicable after the candidate’s nomination is accepted.
(5) For the purposes of this section, “election periods” means the period specified in section 90ZA (meaning of “election expense” of the RPA 1983).”
This new clause places a duty on the Electoral Commission to publish and maintain candidate safety guidance, and requires returning officers to provide it to candidates as soon as possible after their nomination has been accepted.
Clause 45 seeks to enhance the security of candidates by ensuring that candidates at UK parliamentary elections are able to receive appropriate and tailored security briefings from the police in a timely and effective manner. The clause makes provision for a new form to capture candidates’ contact details, which candidates will be able to complete and return with their nomination papers.
The returning officer will send the contact details to the relevant local police force or forces, so that they can contact the candidate to invite them to security briefings for the election or in case of emergency. Completion of the form will be optional and any submitted forms will be kept confidential. This is a simple and straightforward measure to improve the support that police forces are able to offer to candidates.
New clause 56, tabled by the Liberal Democrats, would require the Electoral Commission to publish and maintain guidance relating to candidates’ safety and security. It would also require returning officers to provide that guidance to candidates as soon as their nomination had been confirmed. The Government are clear that harassment and intimidation of voters, electoral staff and campaigners, both online and in person, is totally unacceptable and has a profoundly detrimental impact on our democratic process. Consequently, we are highly sympathetic to the goal that the new clause seeks to achieve; that is reflected in ongoing workstreams and measures already included in the Bill.
The Government and the Electoral Commission already have significant work under way in this area. The Joint Election Security Preparedness Unit is a permanent function dedicated to co-ordinating security and preparedness work ahead of electoral events. Prior to each election, JESP leads a comprehensive programme of work to ensure that candidates and election officials have the resources they need to feel safe and secure during the election, including updating security guidance for candidates and returning officers, and supporting returning officers to understand the support available to them at key potential flashpoints, such as polling stations.
Specifically, ahead of the upcoming May 2026 elections across England, Scotland and Wales, updated candidate security guidance was sent to returning officers and political parties in England and Wales for distribution to candidates in early January—earlier than previous years—to support parties to use the guidance in wider candidate training. Police Scotland has issued guidance to candidates standing for election to the Scottish Parliament.
The comprehensive Government guidance now covers how candidates should interact with Operation Ford, the personal security measures they should adopt and the cyber-security services available to them, as well as guidance on reporting online abuse to platforms. The updated guidance also includes a link to the National Protective Security Authority’s counter political interference and espionage action plan. The Ministry of Housing, Communities and Local Government has also hosted webinars for returning officers and electoral service managers in England, Wales and Scotland, to highlight the Government’s security offer across physical, cyber and information threats.
The Electoral Commission already regularly provides and updates guidance to candidates and returning officers. The commission has also updated its election security guidance for returning officers, and the wider gov.uk page has been updated. In partnership with the National Police Chiefs’ Council, the Crown Prosecution Service and the College of Policing, the Electoral Commission has also issued joint guidance specifically on harassment and intimidation.
However, we recognise that more can be done. That is why we are also working with the Electoral Commission and the Speaker’s Conference to develop an updated code of conduct for campaigning, and improved safety guidance for returning officers and candidates.
In the Bill, the Government will also make provision for candidates to complete an optional additional form when completing their nomination form papers. The purpose of that additional form is to allow candidates to provide their contact details to the returning officer, specifically so that the returning officer can then share those details with local policing. Once local policing has that information, the relevant force elected official adviser will make contact and arrange relevant security briefings for those candidates. I encourage all candidates to take up the opportunity of a security briefing at the earliest opportunity.
Given past and ongoing work by the Government and the Electoral Commission in this space, co-ordinating with the relevant policing authorities and providing guidance, the Government do not consider it necessary to place a statutory duty on the commission to perform such functions. For these reasons, and with these reassurances in place, I hope that new clause 56 will be withdrawn.
The Minister was right to go through a detailed explanation of clause 45, because it affects us all. As we come up to local elections across the country, it is absolutely right that—no matter what party we stand for, how many candidates we run or who those candidates are—we stand together and share the Minister’s encouragement and instruction that every candidate, where possible, should get their security briefing. People need to take their security as seriously as possible in these uncertain times.
Every Committee member will have been subject to some security threat at some point; as Members of Parliament, that is what we go through. It is a sad side of democracy. The measures in clause 45 are not only perfectly sensible but vital for the safety of all candidates, no matter what their party, what election it is or where they live or seek to represent.
We all know lots of people, particularly females, who are not standing in elections because they are concerned that they will not get the protection they deserve or want and that currently the system is not clear enough in making sure that police forces across the whole United Kingdom are working in the same way to provide briefings to candidates seeking election. An unfortunate side of that patchwork quilt is that, because of the sad and untimely passing—or, should I say, the murder—of two Members in the last few years, there is the unintended consequence that local election candidates are not considered to be as important or at the same level of risk as national candidates. But that is fundamentally untrue.
Clause 45 will ensure that when police officers get those forms, they take exactly the same action as others across the whole UK, and quickly get in touch with the candidates to give them security briefings. However, I have a concern—this is not because of a drawback in the legislation—that the Minister and the Department will need to make it very clear to police forces across the country that there is no time to wait. If a form is received from a returning officer in a local authority, there should be a statutory timeline for how quickly police officers get in touch with that official.
Today, two candidates in the Fareham borough elections have handed in their nomination forms to stand for election in May. One is a female who goes out campaigning, canvassing and leafleting by herself—I dearly hope that she wins—and the other is the leader of the council. There is no difference in their candidatures, and both of them should receive briefings as keenly, seriously and quickly as possible. I hope that the Minister can say something about the timescale between the form’s being submitted and the police force getting in touch with candidates.
Members are covered by Operation Bridger. How will the interactions of elected Members with Operation Bridger when we go into elections compare with how this form will affect local election candidates, but also us as Members of Parliament? How will that integrate with the House of Commons services, the Metropolitan police and local police forces?
I absolutely understand where new clause 56 is coming from. I know that the hon. Member for Hazel Grove has not spoken to it yet—I am slightly jumping the gun in interpreting what she and her party are trying to do—but the Electoral Commission already does the relevant work. Guidance is presented to local authorities and EROs across the UK. I worry that adding bureaucracy to the Electoral Commission through a statutory duty would have no effect on the physical approaches of police forces to candidates.
If there was an amendment to add a statutory duty on timescales, we might be able to work towards that on a cross-party basis; we might look into that on Report. However, I worry that having a statutory duty just on the Electoral Commission, when the responsibility is actually with local authorities, EROs and the police, will not make any tangible difference to the most important thing: the safety and freedom of candidates in going about their business and seeking to represent the areas they care about. We do not support new clause 56, although the hon. Member for Hazel Grove will give her oration on why we should support it shortly.
I am sorry for taking time, but I want to go back to clause 45. It is really important that all parties represented in this Committee stand with the Minister in making something very clear, as we come up to national elections in the next eight weeks or so; I am sure that all of us will be out on doorsteps over the Easter break to support our various candidates in winning our various councils. Regardless of the fact that this legislation will not have passed by then, parties must approach their local police forces and electoral returning officers and get that security brief. I wish them all luck as we go to the ballot box on 7 May.
Lisa Smart
The Liberal Democrats welcome clause 45, but I will speak particularly in favour of new clause 56, in the name of my hon. Friend the Member for Guildford, regarding the duty of the Electoral Commission to provide candidate safety guidance. My hon. Friend the Member for Guildford was a member of the Speaker’s Conference, which looked at the safety of candidates in elections. It did a huge amount of very detailed work and came up with some really strong recommendations. We should all be grateful to those who served on it.
New clause 56 is quite a straightforward proposal. We sadly live in times where candidates—those standing both in national elections and in local elections—too often face abuse and hostility. The hon. Member for Hamble Valley was entirely right to talk about Operation Bridger, while Operation Ford works with candidates for local elections. Those are both really big steps forward in recent years towards helping candidates know what support is out there, and helping police forces know what their duties and responsibilities are and what good looks like. There is real inconsistency between police forces about how they treat the activity that none of us wants to see in elections, including hostility and abuse both online and offline.
My hon. Friend the Member for Guildford tabled the new clause to introduce consistency. The Electoral Commission is a national body, and it can make the point to police forces and others about what their roles and responsibilities are. Political parties can support their candidates, but not all candidates represent a political party, so there is inconsistency in that regard. Some parties are newer than others, and do not have the experience necessarily of some of the spikier sides of election campaigning.
New clause 56 would place a duty on the Electoral Commission to publish and maintain candidate safety guidance. It would require returning officers to provide it to their candidates as soon as possible after their nomination has been accepted. I take the point about the level of bureaucracy it could introduce, but if it is one set of guidance for all candidates standing in local elections, I do not believe that is an excessive amount of bureaucracy. Providing it would ensure that all candidates in elections have access to consistent and quality guidance. The proposal is supported by the Jo Cox Foundation, which was set up after the absolutely horrific murder of a Member of Parliament. The foundation knows of what it speaks, and recommended in its evidence to the Committee that we look at this. I encourage the Committee to support the new clause, and I am grateful to my hon. Friend the Member for Guildford for tabling it.
I deeply appreciate the warmth that Members have shown for these measures. As someone who also served for a short time on the Speaker’s Conference and having experienced harassment myself, as many on the Committee have, I know that this is an important measure that will protect our candidates. Operation Ford is a great step forward, but I reassure the hon. Member for Hamble Valley that we do not stand still in this sphere. The work of the joint election security and preparedness unit, the defending democracy taskforce, Operation Ford and Operation Bridger does not rely on this legislation. That continues constantly, and not just during elections.
I sincerely apologise for interrupting the Minister’s oration. Clause 45(2) states:
“The returning officer must give a copy of the police contact form to the relevant chief officer of police (or, if there is more than one, to each such officer) as soon as practicable after publication of the statement of persons nominated.”
We agree with that and absolutely understand her intention. She may be about to answer this, but would she consider either writing to me or addressing this afternoon whether, on a cross-party basis, we could support strengthening the paragraph to include a statutory timescale for a form to be handed to a police force? Would she look favourably on tightening that element and, if so, could we meet after the Committee to see if that could be amended on Report?
I thank the hon. Member for his suggestion, which I will take away and consider carefully. I would not want to hamper the passage of information in any respect, and I would want to think through carefully with officials whether such a timescale would do that.
I absolutely understand the sentiment and ambition behind new clause 56. However, the Government do not support it because we believe a non-statutory approach gives us flexibility. The nature of political campaigning is changing very fast, and to oblige a code of conduct in a statutory framework would not leave us—or the Speaker’s Conference and the Electoral Commission—the flexibility to respond to new and emerging forms of political campaigning. We need to respond promptly and swiftly, and to freeze something in a statutory aspic may have the unintended consequence of not enabling us to do that. With that, I commend the clause to the Committee.
Question put and agreed to.
Clause 45 accordingly ordered to stand part of the Bill.
Clause 46
Calling out and completed corresponding number lists etc
Question proposed, That the clause stand part of the Bill.
Clause 46 removes the unnecessary and outdated requirement for polling station staff to call out the name and elector number of a voter when delivering a ballot paper. This change will bring Northern Ireland in line with practice in Great Britain. This practice can be intimidatory and unwelcome for voters, and its removal is in line with the Government’s wider commitments to tackle harassment and intimidation in the democratic process.
Calling out is also unnecessary given the requirement to produce photo ID at polling stations in Northern Ireland. This change will apply to all elections in Northern Ireland. The clause will also make some technical amendments to ensure that legislative references to the corresponding number list are correct. I commend the clause to the Committee.
Question put and agreed to.
Clause 46 accordingly ordered to stand part of the Bill.
Clause 47
Voter identification requirements
I beg to move amendment 10, in clause 47, page 60, line 18, at end insert—
“, and
(iii) shows when the card expires (see also paragraph (1NA)).”
This amendment and Amendment 11 provide that a payment or cash withdrawal card can only be used as voter identification if the card shows when it expires and has not expired.
The Chair
With this it will be convenient to discuss the following:
Amendment 30, in clause 47, page 60, line 18, at end insert—
“(iii) is issued subject to a search of a consumer’s credit file conducted in connection the issuance of the bank card, which is recorded on the individual’s credit file, and visible to other lenders.”
This amendment would ensure that only bank cards that are issued subject to a search of a consumer’s credit file conducted in the way set out in the amendment would be able to be used as voter ID.
Government amendments 11 to 13.
Clause stand part.
New clause 19—Repeal of voter identification requirements—
“(1) In the Elections Act 2022 omit section 1 (voter identification).
(2) In the Elections Act 2022 omit Schedule 1.
(3) Schedule 1 to RPA 1983 (parliamentary elections rules) is amended as follows.
(4) In rule 37 (voting procedure), omit paragraphs (1A) to (1G).”
This new clause repeals the provisions of the Elections Act 2022 that introduced the requirement for voters in Great Britain to produce photographic identification at polling stations. It is linked to Amendment 22.
I will speak to clause 47 before turning to Government amendments 10 to 13. I will then respond to amendment 30, tabled by the Opposition, and new clause 19, tabled by the Liberal Democrats.
As set out in our manifesto, the Government are committed to encouraging participation in our democracy. We believe it is unacceptable for legitimate voters to be prevented or discouraged from voting, and any barriers to voting must be addressed. While we believe it is appropriate to retain the requirement to show ID to protect electors from the risk of personation, the current voter ID rules are too restrictive. Research has consistently shown that between 2% and 4% of electors report not owning a currently accepted form of ID, and thousands of electors have been recorded being turned away from polling stations due the policy.
Clause 47 will amend the voter ID rules to allow the use of UK-authorised bank cards at the polling station. These are widely held and our research estimates that allowing their use will bring the number of electors reporting not owning an accepted ID to under 1%. This significant step will greatly improve the accessibility of this policy and support democratic participation.
The clause will also make changes to modernise the legislation with regards to digital forms of ID. The measure will require that any digital ID must be verifiable by a visual inspection feature in order to be accepted at the polling station—for example using a digital hologram. All currently accepted digital IDs have such security features. This change will ensure that any new digital ID without such a feature will not be accepted and so not create a new route for electoral fraud. Finally, this clause amends existing and creates new powers to make regulations relating to voter ID.
Together, the measures will ensure that our elections continue to maintain a proportionate voter ID check to prevent the risk of personation, while allowing a greater proportion of legitimate electors to more easily meet the voter identification requirements and engage in our democratic system.
Government amendments 10 to 13 ensure that only in-date bank cards are accepted as Voter ID at the polling station. Allowing UK-authorised bank cards to be used as voter ID will allow a greater proportion of legitimate electors in Great Britain to more easily meet the voter identification requirements, particularly newly enfranchised 16 and 17-year-olds. However, improving accessibility and participation in our elections must be carefully balanced with the need to maintain their security and integrity.
An in-date bank card is likely to be kept carefully by its owner and unlikely to be discarded or given to others. However, unlike an expired photographic document, which is unlikely to be usable by anyone other than the legitimate owner due to the photograph, there is a risk that an expired bank card might be discarded, given away, or not noticed missing by the owner, as it no longer poses a financial risk. It therefore makes sense for photographic ID on the accepted list to continue to be able to be used as voter ID after it expires, so long as the photo remains a good likeness to the individual, but for a bank card to need to be in date in order to maintain the security of the policy. The amendments will make that change.
The amendments will also allow that if further types of non-photographic documents are added to the list of permissible forms of ID in the future, the same requirement that they be in date can be imposed. I commend the clause and the Government amendments to the Committee.
Dr Chowns
I am very much aware of time, of which the hon. Member has had a lot. I know that people are keen to move on, so I would like to complete my remarks.
Out of all allegations of electoral fraud in the 2019 elections, only 33 related to personation fraud at the polling station—that is, 0.000057% of the over 58 million votes cast in all elections that year. Only one instance resulted in a conviction and one in a caution. Following the 2023 local elections, the cross-party democracy and the constitution all-party parliamentary group inquiry concluded that voter ID is
“a ‘poisoned cure’ in that it disenfranchises more electors than it protects”.
That inquiry found that voter ID brings with it a risk of injustice and highlighted that there is no immediate right to appeal for those who have been denied a ballot.
For those and other reasons, Labour Ministers should be scrapping the voter scheme in its entirety—not least because that would be consistent with their own opposition to the 2022 Act at the time. Labour tabled a reasoned amendment at the time, which was very good, and cited the creation of unnecessary barriers to entry for voting as one of the reasons for opposing Johnson’s anti-democratic legislation.
During that debate, the then shadow Minister, the hon. Member for Putney (Fleur Anderson), said the voter ID proposals are
“simply not proportionate to the risk of voter fraud.”
The hon Lady was right—as she was when she went on to flag that
“the significant staffing and financial impact was disproportionate to the security risk of voter fraud.”
She was also right when she said:
“Even if one person lacked their ID to vote, that should be a reason to rethink this Bill entirely.”––[Official Report, Elections Public Bill Committee, 7 September 2021; c. 261.]
We know that the requirement for voter ID has had a chilling effect on turnout. Statistics from the Electoral Commission have already been cited, so I will not repeat them. As we heard in oral evidence, Democracy Volunteers pointed out that those official statistics are likely a significant underestimate, because of all the people who do not even get to the clerk before they are turned away.
I hope the Minister will reconsider and adopt new clause 19, scrapping voter ID entirely, consistent with her party’s previous position. If not, I hope she will, at the very least, commit to ongoing monitoring of its impact, given the serious concerns about it. The Electoral Reform Society points out that the impact of the voter ID requirement is not currently being monitored at local elections, and that the next general election will be the last at which monitoring is required under the law as it stands. If we have just one more data point, we will not know whether the changes in clause 47 that the Government hope to introduce will have the desired effect, or whether improvements—such as scrapping this Tory scheme in its entirety—need to be made.
Evidence from the Electoral Commission suggests that some groups were particularly likely to have a problem voting, including disabled or unemployed people, and those from certain demographics. Evidence indicates that more deprived areas have a higher proportion of voters turned away compared with less deprived ones. If the Government refuse to scrap voter ID entirely, it is essential that the impact of voter ID requirements continues to be monitored and that data is collected, so that we can understand whether there is an indirect discrimination effect in how this policy affects voters.
Finally, several improvements have been suggested by a number of people, through oral and written evidence—including the Electoral Commission—for other mechanisms of widening accessibility and replacements for voter ID. I hope Ministers will consider the inclusion of poll cards as ID, given the good evidence that that lowers the percentage of voters turned away. Consideration should also be given to statutory declarations to allow provisional ballots to be cast and later verified, so that any failure to provide the required documentation can be cured. I am also sympathetic to calls for vouching to be allowed, which I believe is also one of the Electoral Commission’s recommendations.
I very much hope that the Minister will approach further measures to improve the accessibility of voting with an open mind, and ensure that we monitor the impact of what I feel has a repressive effect on our democracy. I look forward to discussing the far more pressing challenges to the security and integrity of our democracy as we come to later parts of the Bill.
I have to say that I find it quite shocking to hear Members of the official Opposition supporting the exclusion of thousands of eligible voters from the polling station. That really is shocking. This proposal represents a broadening and an enhancing of the voter ID system so that those eligible can cast their vote. It is a very simple principle. I must correct the shadow Minister: there was support for this measure from the Electoral Reform Society, which said that
“Allowing IDs like bank cards and digital ID, which voters are likely to be carrying on them, will help voters who do not have access to the other accepted forms of ID and make it easier for all voters on the day.”
That is the point.