John Bercow
Main Page: John Bercow (Speaker - Buckingham) Overseas Electors Bill
John Bercow Excerpts
Philip Davies (Shipley) (Con)
I beg to move, That the clause be read a Second time.
Mr Speaker
With this it will be convenient to discuss the following:
New clause 3—Report on awareness of how to participate in elections as an overseas elector—
‘(1) The Minister for the Cabinet Office or the Secretary of State must publish a report on levels of awareness of how to participate in parliamentary elections as a UK elector among—
(a) persons entitled to vote as an overseas elector under the provisions of this Act, and
(b) overseas electors in general.
(2) The report shall consider awareness of—
(a) the law governing entitlement to qualify and vote as an overseas elector,
(b) the processes of registering and voting, and
(c) other matters as the Minister for the Cabinet Office or the Secretary of State sees fit.
(3) The report shall set out any steps the Minister for the Cabinet Office or the Secretary of State intends to take to increase awareness of—
(a) how to participate in elections as an overseas elector, and
(b) the provisions of this Act.’
New clause 4—Report on effects of extension of franchise—
‘(1) The Minister for the Cabinet Office or the Secretary of State must publish a report assessing the likely effects of the extension of the franchise in section 1 of this Act and any measures necessary in response to those effects.
(2) The report must contain assessments of—
(a) how many British citizens currently resident overseas are eligible to register as overseas electors, and how many are likely to be eligible if the 15-year time limits under sections 1(3)(c) and 1(4)(a) of the Representation of the People Act 1985 were removed;
(b) any possible increased risk of electoral fraud by those purporting to be overseas electors related to the provisions in this Act;
(c) whether current election timetables are of sufficient duration to enable the full participation of any increased numbers of overseas electors.’
New clause 5—Report on the representation of overseas electors—
‘(1) The Minister for the Cabinet Office or the Secretary of State shall, within 12 months of this section coming into force, lay before Parliament a report on the representation of overseas electors.
(2) That report shall include—
(a) consideration of how well overseas electors are represented by their MPs and any related consequences of the provisions of this Act,
(b) an assessment of any additional demands that may be placed on MPs and their resources as a consequence of the provisions of this Act,
(c) any plans the Government has to monitor the representation of overseas electors, and
(d) an assessment of alternative models of representation of overseas electors, including the creation of overseas constituencies.’
New clause 6—Review of absent vote arrangements—
‘(1) The Minister for the Cabinet Office or the Secretary of State shall—
(a) review absent voting arrangements to consider whether they allow sufficient time for overseas electors to participate adequately in parliamentary elections, taking into account the likely effects of the provisions of this Act;
(b) consult the Electoral Commission, local authorities and the Association of Electoral Administrators as part of the review; and
(c) lay before Parliament a report on the review and any steps to be taken as a result.’
New clause 7—Report on postal voting arrangements for overseas electors—
‘(1) The Minister for the Cabinet Office or the Secretary of State shall publish a report on postal voting arrangements for overseas electors.
(2) The report shall set out—
(a) any barriers to the participation of overseas electors in parliamentary elections, including in—
(i) the availability of pre-paid postal services for returning ballot papers,
(ii) the financial resources of returning officers, and
(iii) capacity in the specialist print and production markets to meet absent vote and ballot paper requirements;
(b) whether any such barriers are likely to become more significant or widespread as a result of the extension of the franchise in the provisions of this Act, including in particular countries and regions;
(c) any steps to be taken to make it easier for overseas electors to participate in parliamentary elections.
(3) The report shall, in particular, consider the effectiveness and cost of the International Business Response Licence for postal votes and any associated implications of the provisions of this Act.’
New clause 9—Evaluation of the effects of the Act—
‘(1) The Minister for the Cabinet Office or the Secretary of State must, within 12 months of the provisions of this Act coming into force, lay before Parliament a report evaluating the effects of the Act and the extent to which it has met its objectives.
(2) That report must include assessments of the effects on numbers of overseas electors registered in each parliamentary constituency.’
New clause 10—Closing date for electoral registration applications by overseas electors—
‘(1) The Representation of the People (England and Wales) Regulations 2001 are amended as follows.
(2) In regulation 56, after paragraph (7), insert—
“(8) This regulation does not apply to applications by overseas electors.”
(3) After regulation 56 insert—
“56A Closing date for electoral registration applications by overseas electors
(1) The provisions in this regulation relate to applications to vote by post or proxy by overseas electors in parliamentary elections.
(2) An application by an overseas elector under paragraph 3(6) or (7) of Schedule 4 shall be disregarded for the purposes of a particular parliamentary election and an application under paragraph 4(3) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the eighteenth day before the date of the poll at that election.
(3) An application under paragraph 3(1) or (2), or 6(7) or 7(4) of Schedule 4 shall be disregarded for the purposes of a particular parliamentary election if it is received by the registration officer after 5 p.m. on the thirteenth day before the date of the poll at that election.
(4) An application under paragraph 4(1) or (2) or 6(8) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the thirteenth day before the date of the poll at the election for which it is made.
(5) An application under paragraph 7(7) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the eighteenth day before the date of the poll at the election for which it is made.
(6) An application under—
(a) paragraph 3(5)(a) of Schedule 4 by an elector to be removed from the record kept under paragraph 3(4) of that Schedule, or
(b) paragraph 7(9)(a) of Schedule 4 by a proxy to be removed from the record kept under paragraph 7(6) of that Schedule,
and a notice under paragraph 6(10) of that Schedule by an elector cancelling a proxy’s appointment shall be disregarded for the purposes of a particular parliamentary election if it is received by the registration officer after—
(i) 5 p.m. on the eighteenth day before the date of the poll at that election in the case of an application by an elector who is entitled to vote by post to be removed from the record kept under paragraph 3(4) of Schedule 4, and
(ii) 5 p.m. on the thirteenth day before the date of the poll at that election in any other case.
(7) In computing a period of days for the purposes of this regulation, the same rules shall apply as in regulation 56.”
(4) The Representation of the People (Scotland) Regulations 2001 are amended as follows.
(5) In regulation 56, after paragraph (7), insert—
“(8) This regulation does not apply to applications by overseas electors.”
(6) After regulation 56 insert—
“56A Closing date for electoral registration applications by overseas electors
(1) The provisions in this regulation relate to applications to vote by post or proxy by overseas electors in parliamentary elections.
(2) An application by an overseas elector under paragraph 3(6) or (7) of Schedule 4 shall be disregarded for the purposes of a particular parliamentary election and an application under paragraph 4(3) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the eighteenth day before the date of the poll at that election.
(3) An application under paragraph 3(1) or (2), or 6(7) or 7(4) of Schedule 4 shall be disregarded for the purposes of a particular parliamentary election if it is received by the registration officer after 5 p.m. on the thirteenth day before the date of the poll at that election.
(4) An application under paragraph 4(1) or (2) or 6(8) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the thirteenth day before the date of the poll at the election for which it is made.
(5) An application under paragraph 7(7) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the eighteenth day before the date of the poll at the election for which it is made.
(6) An application under—
(a) paragraph 3(5)(a) of Schedule 4 by an elector to be removed from the record kept under paragraph 3(4) of that Schedule, or
(b) paragraph 7(9)(a) of Schedule 4 by a proxy to be removed from the record kept under paragraph 7(6) of that Schedule,
and a notice under paragraph 6(10) of that Schedule by an elector cancelling a proxy’s appointment shall be disregarded for the purposes of a particular parliamentary election if it is received by the registration officer after—
(i) 5 p.m. on the eighteenth day before the date of the poll at that election in the case of an application by an elector who is entitled to vote by post to be removed from the record kept under paragraph 3(4) of Schedule 4, and
(ii) 5 p.m. on the thirteenth day before the date of the poll at that election in any other case.
(7) In computing a period of days for the purposes of this regulation, the same rules shall apply as in regulation 56.”
(7) The Representation of the People (Northern Ireland) Regulations 2001 are amended as follows.
(8) In regulation 57, after paragraph (6), insert—
“(7) This regulation does not apply to applications by overseas electors.”
(9) After regulation 57 insert—
“57A Closing date for electoral registration applications by overseas electors
(1) The provisions in this regulation relate to applications to vote by post or proxy by overseas electors in parliamentary elections.
(2) An application under section 6(1) or (5), 8(6) or 9(4) of the 1985 Act shall be disregarded for the purposes of a particular election if it is received by the registration officer after 5 p.m. on the twenty-first day before the day of the poll at that election.
(3) Subject to paragraph (4) below, an application under section 7(1) or (2), 8(7) or 9(7) or (8) of the 1985 Act shall be refused if it is received by the registration officer after 5 p.m. on the twenty-first day before the day of the poll at the election for which is made.
(4) Paragraph (3) above shall not apply to an application which satisfies the requirements of either paragraphs (6) and (7) or paragraph (8) of regulation 55 above; and such an application shall be refused if it is received by the registration officer after 5 p.m. on the thirteenth day before the day of the poll at the election for which it is made.
(5) An application under—
(a) section 6(4)(a) of the 1985 Act by an elector to be removed from the record kept under section 6(3) of that Act, or
(b) section 9(11)(a) of that Act by a proxy to be removed from the record kept under section 9(6) of that Act,
and a notice under section 8(9) of that Act by an elector cancelling a proxy’s appointment shall be disregarded for the purposes of a particular election if it is received by the registration officer after 5 p.m. on the twenty-first day before the date of the poll at that election.
(6) In computing a period of days for the purposes of this regulation, the same rules shall apply as in regulation 57.’
New clause 11—Offence of registering to vote as overseas elector in more than one constituency—
‘(1) A person commits an offence if he or she is an overseas elector and is simultaneously registered to vote in more than one constituency.
(2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.’
New clause 12—Report on electoral offences, overseas electors and the extension of the franchise—
‘(1) The Minister for the Cabinet Office or Secretary of State must publish a report on electoral offences, overseas electors and the extension of the franchise.
(2) The report must include assessments of—
(a) the effects of the extension of the franchise under the provisions of this Act on the incidence of—
(i) reports of electoral offences under the Representation of the People Act 1983, and
(ii) prosecutions for such offences,
(b) the capacity of appropriate authorities to investigate and prosecute such alleged offences,
(c) the number of reports of electoral offences under the Representation of the People Act 1983 alleged to have been committed by overseas electors—
(i) in the period since the provisions of this Act came into force, and
(ii) in a comparable period before the provisions of this Act came into force,
(d) the number of prosecutions for electoral offences under the Representation of the People Act 1983 by overseas electors—
(i) in the period since the provisions of this Act came into force, and
(ii) in a comparable period before the provisions of this Act came into force,
(e) any steps to be taken to reduce the incidence of such electoral offences.’
New clause 13—Expiration of Act after five years—
‘This Act shall expire five years from the date on which it receives Royal Assent.’
New clause 14—Expiration of Act after three years—
‘This Act shall expire three years from the date on which it receives Royal Assent.’
Amendment 40, in clause 1, page 3, line 23, at end insert—
‘(5A) An overseas elector’s declaration shall be disregarded for the purposes of registration to vote in a particular parliamentary election if it received by the registration officer after 5pm on the nineteenth day before the date of the poll at that election.’
Amendment 49, page 3, line 42, at end insert—
‘(ea) state that the declarant is aware of the voting offences under sections 60 and 61 of the Representation of the People Act 1983 and associated punishments under sections 168 and 169 of that Act,’.
Amendment 50, page 3, line 42, at end insert—
‘(ea) state whether the declarant intends to make absent voting arrangements or to vote in person at a polling station,’.
Amendment 66, page 6, line 15, at end insert—
‘(da) state that the declarant is aware of the voting offences under sections 60 and 61 of the Representation of the People Act 1983 and associated punishments under sections 168 and 169 of that Act,’.
Amendment 67, page 6, line 15, at end insert—
‘(da) state whether the declarant intends to make absent voting arrangements or to vote in person at a polling station,’.
Amendment 75, in clause 3, page 8, line 11, after “State” add
‘but no sooner than 12 months after section 3(5) comes into force’.
Amendment 23, page 8, line 11, at end insert—
‘(2A) No regulations may be made under subsection (2) until the Secretary of State or Minister for the Cabinet Office has laid before Parliament a report setting out the effects of the provisions of this Act on processes for controlling political party donations.
(2B) The report under subsection (2A) shall consider—
(a) the ability of political parties and campaigners to determine the permissibility of donations from persons resident overseas;
(b) the ability of the Electoral Commission to take enforcement action where the rules on such donations have been breached.’
This amendment requires the Government to prepare a report on processes for controlling political party donations before the provisions of this Act can come into force.
Amendment 24, page 8, line 11, at end insert—
‘(2A) No regulations may be made under subsection (2) until the Secretary of State or Minister for the Cabinet Office has laid before Parliament a report setting out on the likely effects of the provisions of this Act on the number of registered electors.
(2B) The report under subsection (2A) shall consider—
(a) the number of overseas electors registered to vote in Parliamentary elections in each constituency and the policy implications of any such changes;
(b) whether any differential effects on the electorates of constituencies necessitates a review of constituency boundaries; and
(c) the merits of creating one or more overseas constituencies.’
This amendment requires the Government to prepare a report on the effects on the number of registered electors before the provisions of this Act can come into force.
Amendment 25, page 8, line 11, at end insert—
‘(2A) No regulations may be made under subsection (2) until the Secretary of State or Minister for the Cabinet Office has laid before Parliament a report setting out the effects of the provisions of this Act on the extension of franchise.
(2B) The report under subsection (2A) shall consider—
(a) likely demand for online registration services and how this demand should be met;
(b) the effects of removing the 15-year time limits on the workloads of local authorities, including demands on electoral registration officers, and how any consequent resourcing requirements should be met;
(c) how the electorates of existing UK constituencies will be affected; and
(d) how the electorates of new constituencies recommended by the most recent reports of the Boundary Commissions for England, Wales, Scotland and Northern Ireland will be affected.’
This amendment requires the Government to prepare a report on the effects of the extension of the franchise before the provisions of this Act can come into force.
Amendment 26, page 8, line 11, at end insert—
‘(2A) No regulations may be made under subsection (2) until the Secretary of State or Minister for the Cabinet Office has laid before Parliament a report setting out the effects of the provisions of this Act on the representation of overseas electors by MPs.
(2B) The report under subsection (2A) shall consider—
(a) how well overseas electors are represented by their MPs and any related consequences of the provisions of this Act;
(b) an assessment of any additional demands that may be placed on MPs and their resources as a consequence of the provisions of this Act;
(c) any plans the Government has to monitor the representation of overseas electors; and
(d) an assessment of alternative models of representation of overseas electors, including the creation of overseas constituencies.’
This amendment requires the Government to prepare a report on the representation of overseas electors by MPs before the provisions of this Act can come into force.
Amendment 27, page 8, line 11, at end insert—
‘(2A) No regulations may be made under subsection (2) until the Secretary of State or Minister for the Cabinet Office has laid before Parliament a report setting out the effects of the provisions of this Act on the creation of a consolidated register of overseas electors.’
This amendment requires the Government to prepare a report on the effects of creating a consolidated register of overseas electors before the provisions of this Act can come into force.
Amendment 68, page 8, line 11, at end insert—
‘(2A) No regulations may be made under subsection (2) until the Secretary of State or Minister for the Cabinet Office has laid before Parliament a report on awareness of how to participate in elections as an overseas elector.’
Amendment 69, page 8, line 11, at end insert—
‘(2A) No regulations may be made under subsection (2) until the Secretary of State or Minister for the Cabinet Office has laid before Parliament a report on absent vote arrangements.’
Amendment 70, page 8, line 11, at end insert—
‘(2A) No regulations may be made under subsection (2) until the Secretary of State or Minister for the Cabinet Office has laid before Parliament a report on postal voting arrangements for overseas electors.’
Amendment 76, page 8, line 16, leave out
“on the day on which”
and replace with “12 months after”.
Philip Davies
I am sorry that my duties here will prevent me from attending the memorial service for Paul Flynn, but I am sure we all remember him with a great deal of affection and fondness.
I hope you, Mr Speaker, and Members of the House will forgive me if I come across at any point during these proceedings as being a bit disorganised. I only got the selection of amendments at just after 8.30 this morning, and given that there are so many down, it has been a bit difficult to get them all marshalled into the right groupings. If there is a delay or anything like that, it is simply because I am trying to work out which are the right amendments in the grouping, and I hope you will be patient with me in that regard.
Before I begin with new clause 1 and get into the nitty-gritty, I should congratulate my hon. Friend the Member for Montgomeryshire (Glyn Davies) on his success in the private Members’ Bills ballot and on getting his Bill to this stage. We all know that it is not an easy task to get a Bill even to this stage, but my hon. Friend has done it with his customary charm and panache, and I congratulate him on doing so and on securing the support of the Government for his Bill up to the present.
Unfortunately, this has not been a total triumph, as far as I can see. While I am not opposed to the principle of the Bill, which is laudable in many parts, I have concerns about the way it is drafted in particular areas. In Committee, the hon. Member for Nottingham North (Alex Norris) said something with which I entirely agree, and which is therefore worth repeating. He said that
“we should always be very sure about the changes we make to our democracy. Anybody who knows anything about the rules of political parties knows that the little amendments that are made for whatever reason at some point have a habit of creating all sorts of different conclusions later down the line. We ought to ensure that we play out the scenarios that they might present, but also ensure that the changes we make are proportionate to achieving the goal. If we can achieve the same goal by being more surgical, we should seek to do so.”––[Official Report, Overseas Electors Public Bill Committee, 17 October 2018; c. 22.]
I agree with those sentiments entirely not just for this Bill, but, I might add, for many other Bills that come to the House on a Friday.
I have looked through the amendments tabled by others at earlier stages of the Bill and, as far as I could see, some of them seemed worth exploring again to see whether the whole House shares the view of the Committee. I believe that some of my amendments are absolutely critical to making this Bill supportable, and some affect issues that should be examined more closely. I accept that it was a manifesto commitment of the Conservative party to change the overseas voting rules, but this Bill extends not just to the existing set-up to remove the 15-year time limit and give votes for life, but the range of those eligible for votes for life. There is a problem in that, because it goes beyond what we said in our manifesto.
I will turn to the new clauses and amendments in a bit more detail. What is now new clause 1 was actually discussed in Committee. I am delighted to see the hon. Member for City of Chester (Christian Matheson) in his place. If I may say so, he did an excellent job in Committee in tabling some amendments that were very worthy of debate and are worthy of further consideration today, and this was really one of his greatest hits, so to speak.
Philip Davies
The new clause does not exclude that category of people, and the same principle applies. My hon. Friend seems to suggest that perhaps the new clause does not go far enough, and I am happy to take that criticism on board. Others say that we should not include it at all—I think I now have the full gamut of opinion in the House. Some say it is a bad new clause, some say it is good, and some say that it does not go far enough.
Mr Speaker
Is the hon. Gentleman suggesting—if so, it will be a first—that he is now a fully signed up practitioner of the third way?
Philip Davies
I had not looked at it that way, and I would be slightly horrified if that is how it was perceived. New clause 1 is merely enhancing my reputation as a moderate; I will put it no stronger than that. I appear to be slap-bang in the middle of the debate, as I so often find myself.
Philip Davies
I do not see it in those terms. I will accept that it is not particularly well drafted if that is the conclusion that my hon. Friend has drawn from it, but I do not see it measuring the success of MPs in that sense. I see it as more about whether constituents are getting the service that that MP provides to other constituents in the same way. I do not see this duty being placed on the Government or MPs in the same way as my hon. Friend does.
As for new clause 6, I appreciate that in a moment or so—
Mr Speaker
Order. I am extremely grateful to the hon. Gentleman for his characteristic courtesy. How fitting it is, colleagues, that the Chamber is as well attended as it is at this time, on this very significant day—thank you. Colleagues, we shall now observe a minute’s silence in memory of those who died in the Westminster attack on 22 March 2017.
Mr Speaker
Colleagues, thank you. Thank you, also, to all present in the Palace of Westminster today who have joined in that very proper display of respect.
Proceedings interrupted (Standing Order No. 11(4)).