Elections Bill

Viscount Stansgate Excerpts

Lords Hansard - Part 2 & Committee stage
Thursday 10th March 2022 Lords Chamber

I respectfully suggest that these two clauses are potentially dangerous. On any view, they increase the influence of the Government of the day over the Electoral Commission and would damage the public confidence in the independence of the Electoral Commission. Both those considerations are vital, and so I beg to move.

[Viscount Stansgate (Lab)]

My Lords, I think the whole House is grateful to the noble and learned Lord for the forensic way in which he has taken these clauses and demolished their legitimacy. I sat through the entire Second Reading debate, and this was identified as one of the major issues in the Bill. I put it to the Government that to introduce these provisions is a terrible mistake to make. I have no idea what type of discussions within government led to this being part of the Bill. I find myself wondering whether I am going to have to wait for the Minister’s memoirs to discover that, privately and secretly, even he thought there were disadvantages to putting forward a proposal of this kind. Whatever you may think of it now, there will be different Governments in the future who may use this legislation in ways that we cannot predict and would not want.

It is rare for me, in the short time I have been here, to listen to a debate which could be encapsulated in a single speech, so I will sit down. I hope that the House realises what a mistake is being made and just thinks of the damage that will be done to our reputation as a democracy were these provisions to go through.

[Lord Judge (CB)]

With the indulgence of the House, when I was explaining about the noble Lords, Lord Blunkett and Lord Wallace, I omitted a courtesy to the Minister for the meeting we had last week. I always appreciate those meetings and I am sorry I omitted that.

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[Lord True (Con)]

No, it was a humorous remark for the Committee. The precautionary principle is one that the European Union applies in considering legislative activity; it is not a principle that I espouse and not one that I endorsed in the speech.

[Viscount Stansgate (Lab)]

Can the Minister at least address another point made by my noble friend, on the effect that these clauses will have on the perception that our electoral process is as proper as it should be? Given the comparison that he drew with what we have seen across the Atlantic, and the damage that could be done if any electoral process suffers from a growing sense that it is in some way unfair, or has been interfered with, it is simply not worth having these clauses, to prevent the type of damage that we have seen across the Atlantic.

[Lord True (Con)]

I accept what the noble Lord said on that point—and, indeed, what the noble Viscount has said. What I would say is, first, that a Minister at the Dispatch Box should not criticise either a former or a present President of the United States, or any members of the parties that support them. We all make and contribute to the perceptions that people have, and one problem is with the risk of importing the rhetoric of the USA about voter suppression, fair voting or whatever, when actually every opinion poll in the United States, including among African Americans, supports the principle of voter identification. If we import that rhetoric into our public affairs, we ourselves potentially contribute to the very kind of perception that I wish to avoid, and I know that the noble Viscount also does—although he has not been in this House that long, I know that his integrity is resounding. All of us who want to avoid that ought to watch our own language in this respect. That is the only thing that I would say in response. We will debate this later, but the Government are seeking to suppress nobody’s vote. We wish to maximise participation in elections.

Elections Bill

Viscount Stansgate Excerpts

Lords Hansard - Part 1 & Committee stage
Thursday 17th March 2022 Lords Chamber

I see the Bill as unbalanced because it gives an unhealthy level of power to one party. That is my fundamental objection to it, and I ask the Government—although I doubt they will do much about it—to look at strengthening the Electoral Commission and maybe giving it the powers it needs to regulate elections, but not hand them to a political source which, even if it is the most straightforward and honourable politician in the world, will always be suspected of bias. I am afraid that is the way that politics works. If one party has power over another in this respect, it will not be seen as a level playing field, so in my mind this is not good legislation.

[Viscount Stansgate (Lab)]

My Lords, I rise briefly to contribute to Committee on the Elections Bill, rather than take part in the “Lord Balfe Down Memory Lane Amendment (No. 2) Bill”, which I, like other Members, have enjoyed. We are discussing in this clause the powers of the Secretary of State, yet this is the same Minister who will pilot the Dissolution and Calling of Parliament Bill, which, as we know, will restore the position where, in effect, a general election might be called at short notice.

Will the Minister explain in responding how the clauses we are discussing—the powers of the Secretary of State to add or remove from a list—would be exercised in the event of a very sudden general election? Would it be possible for the Minister suddenly to say, after an election has been announced, that such and such will or will not be allowed to take part in it, with the expenditure limits that follow? I would be very interested to know the answer to that and how they fit together. I look forward to the Minister’s reply.

[Lord Scriven (LD)]

Will the noble Viscount take that a bit further? It is not just after the general election has been called; the Prime Minister will now have the sole power of calling the general election and knowing the date. It could be that, a few months before the general election, in a couple of marginal seats in which organisations are particularly difficult, the Government could, at the stroke of the Secretary of State’s pen, proscribe those people from campaigning. Does the Minister—I apologise, the noble Viscount—accept that that could take place?

[Viscount Stansgate (Lab)]

First, I thank the noble Lord for promoting me to a position that I am unlikely ever to hold. I do not disagree with him. As I said, it is the relationship between what is being proposed in the Elections Bill and the fact that we are moving to a situation where, if a Prime Minister so decides, we can have an election at short notice. These areas, including those raised by the noble Lord, deserve a bit of exploration. I would be ever so grateful if the Minister could add that to the list of things he intends to cover in his reply.

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[Lord True (Con)]

My Lords, I have given a very clear undertaking that I will consider this concern. As it stands, the provision potentially affects not only trade unions. The immediate and direct concern, as has been expressed by noble Lords, is in relation to trade unions, but obviously the power as it stands is, exactly as the Delegated Powers Committee pointed out, far-reaching. I will of course take all issues into account in considering this. I can only repeat my good intent, and, I hope, in my humble state, power to make progress to address the concerns that have been raised by your Lordships on this clause.

[Viscount Stansgate (Lab)]

My Lords, I welcome the Minister’s comments and the discussions that will follow. However, I must press him on just one point, so that I can at least have the benefit of his advice. Is it the intention that the powers we are discussing could be exercised by any Secretary of State after a sudden general election has been called?

[Lord True (Con)]

My Lords, having listened to the debate, the noble Viscount’s contribution was obviously one that I heard. The Bill as drafted—like any other Member, I can only parse a Bill that is put before your Lordships House—has no restriction on what time or in what condition it might be adopted. That is why, I thought, I heard widespread concern from the Committee. When I started, I said I thought that the answer to the noble Viscount may not lie in addressing any particular possible set of circumstances but in trying to address the wider concern that your Lordships have about these provisions. That is the undertaking I am giving between now and Report. I have said that, at the very least, we will look with interest at the proposals put forward by the noble Lord, Lord Collins of Highbury.

Elections Bill

Viscount Stansgate Excerpts

Lords Hansard - Part 2 & Committee stage
Thursday 17th March 2022 Lords Chamber

[Lord Grocott (Lab)]

My Lords, would it not have been nice if, when the noble Lord, Lord Woolley, finished, we could have all said, “Game, set, match and tournament. Let us do the Government a favour, save them £190 million in these straitened times, scrap Part 1 of the Bill and all go for a cup of tea and save ourselves a few hours’ unnecessary work”? There is nothing else to say after that, but I will still say one or two things.

It was so compelling and convincing. I just wonder how the noble Lord, Lord True, whom I have known for a very good while, will react. He knows a lot about elections; he has fought a lot himself. He must know that, when this new system comes into operation—assuming that it does—it will involve a high level of expenditure, not least for explaining to the public what they will now have to do in an election which they did not have to do previously. It will be an expensive operation and will take national newspaper adverts. If it is in the name of public information, so be it.

I wonder what the noble Lord’s view is of the integrity of our elections. Two years ago, his party won an election with a majority of 80. I did not like that result one little bit but, sadly, I thought that the election was conducted in my constituency perfectly fairly. It was free and fair. The result was unchallengeable; we did not do a Donald Trump in the constituency. I have been on the wrong end of several election results in my varied career in politics, but I have never doubted the integrity of the election. However, presumably the noble Lord’s position is this: we should have quite significant doubts about this 80-seat majority that his party enjoys at present. There must have been voter fraud all over the place, and we have to spend a lot of money to get this right.

We have heard from the noble Lord, Lord Woolley, that there has been the sum total of one prosecution. This whole Part 1 is much ado about nothing—sadly, it is about something, because it will reduce turnout, as we know. However, the problem it is trying to solve does not exist. We will have to go over and over the same argument. I can make so many detailed points about it.

One that struck me is that polling stations can be quite awkward at times if people forget to take their poll cards and think, “I can’t vote now, but I am going to vote; I’ve lived here 60 years”, and all the rest of it. I do not fancy being a poor old poll clerk under the new regime, telling large numbers of people, as I guess they will have to, “Sorry, you cannot vote. You haven’t got your ID”. “But I’ve lived here for 50 years; I don’t need ID. The wife and I come down and vote, have a drink on the way back and it’s a nice little evening out.” “Yes, but you need your voter ID”.

In the best circumstances, there may be an amiable exchange of views because, in local polling stations, people tend to know each other. However, I can see it turning nasty. I do not fancy being the poll clerk who says, “Sorry, you can’t vote.” This is just one specific example. You certainly need to train the poll clerk and warn them of the difficulties which will arise.

I really would like a straightforward answer from the Minister to my question which was so brilliantly dealt with in the speech of the noble Lord, Lord Woolley. Does the Minister think that his Government, with their 80-seat majority, was a result of a free and fair election, or not? If the answer is, “Yes, it was a free and fair election, and I am pleased with my 80-seat majority”, why on earth is he going through all this nonsense to solve a problem which does not exist?

[Viscount Stansgate (Lab)]

My Lords, in a previous debate on this Bill, I heard my noble friend say that he would not have wanted to be an election agent. I have now heard him say that he would not want to be a poll clerk. So perhaps I should begin by saying that I have been both in my lifetime. Being an election agent was quite a big responsibility, and the law has changed and become more complicated since then.

The noble Baroness, Lady Pinnock, very clearly laid out some of the questions that have been raised. Like my noble friend Lord Grocott, I will wait to hear what the Minister thinks.

I would like now to send a message, if I may, to the noble Lord, Lord Woolley. We have never met. First, I thank him for coming from Cambridge today. Secondly, when the noble Lord goes back to Cambridge, can he please tell his students that it was well worth his while coming here to make his speech? I am a new Member and, shortly before Christmas, I went to visit a secondary school in west London to talk to some politics students about politics. I had a very interesting time, and they raised many interesting questions—not least about this place. Of course, I asked them whether they were interested in politics. Some of them looked fairly vague. I said, “I think you are interested in politics. You just don’t realise it.” I asked them a few more questions, including whether they were on the register, because it is essential.

As an election agent, I remember a general election in which I was quite pleased that I had persuaded someone to come with me to the polling station—which was very close by—in order to exercise their vote. From just a single individual, I saw the devasting effect on someone who gets to the polling station and realises that they were not on the register and could not vote. What we are talking about, and what the noble Lord was talking about, was this situation being replicated thousands of times. It is a terrible thing. I am not saying that I made much progress with the students at that west London school, many of whom, unlike me —I am white—

[Baroness Chakrabarti (Lab)]

No, really?

[Viscount Stansgate (Lab)]

Sorry? There was a huge collection of different communities. But it is really essential that we engage with these people.

When the noble Baroness, Lady Verma, said that she wanted every single vote to count, I could not have agreed more. What we are talking about is ensuring that every single vote is available to be counted, and I hope that I might persuade her to change her mind on this. However, we will wait and see what the Minister says. I look forward to going back to that school, or indeed to any other which might invite me.

[Lord Rennard (LD)]

My Lords, the amendments from the noble Baronesses, Lady Hayman and Lady Meacher, and the noble Lord, Lord Woolley, in this group, ask many sensible questions. Perhaps, no question is no more appropriate than that asked by the noble Lord, Lord Grocott, and we all look forward to the Minister’s answer to that in particular.

The questions in this group are about the cost to taxpayers which may follow from the Bill introducing compulsory photo ID at polling stations. As the noble Baroness, Lady Pinnock, said, we need to know much more about the extra costs to be imposed upon local authorities. The Minister himself was a council leader not very long ago. He will know how local authority finances have been dramatically squeezed in recent years—real-terms cuts are perhaps 40%. Meanwhile, they have also retained the burden of statutory responsibilities, including many connected with social care.

The Government’s impact assessment suggests that making the changes proposed in relation to compulsory photo ID may cost as much as £230 million over 10 years, with a best estimate of £150 million. But the truth is that we do not really know. The noble Baroness, Lady Hayman, quoted the Association of Electoral Administrators saying that many of these costs were unquantifiable. But the costs of the scheme proposed by the Government are still significantly higher than those of a simpler form of voter identification, as was suggested in the last Conservative manifesto and in the report conducted on behalf of the Conservative Government by the noble Lord, Lord Pickles, who sits on their Benches. So the Government are proposing to go much further than in their own manifesto—a point that should be noted—and in the report by the noble Lord, Lord Pickles. But both proposals for compulsory voter ID, with or without photos, seem to me to have a lot of costs that are not necessarily included in the impact assessment, and neither scheme has been shown to be at all necessary in any way.

The Government claim that there is public support for the proposals on compulsory photo ID, but I doubt there would be much support if people knew that the cost over 10 years could be £230 million, or if they understood that voting at polling stations is as safe as it is at present. Perhaps the public would prefer their money to be spent on hundreds more police officers or more teachers, doctors and nurses. The Government spend a great deal of public money on market research, much of it perhaps for their own party benefit. In that research, they should perhaps test this proposition in one of their surveys: should there be compulsory photo ID at polling stations, or police officers, doctors and nurses? I would like to know the answer.

In my view, the Government are simply not getting their priorities right if they are genuinely concerned about electoral integrity. An estimated 9 million people are not on electoral registers, or are incorrectly registered on them, and are therefore unable to vote. If the Government were really planning to spend money on improving the integrity of our electoral system, they would not have withdrawn funding for the voluntary organisation Bite The Ballot. During a debate on this Bill, the Government praised its efforts. Bite The Ballot organised events such as national voter registration week, and it succeeded in getting many more young people registered to vote, at very little cost. But that little cost—a few thousand pounds—was too much for the Government. Perhaps it registered the wrong people—principally young people.

But the Government can spend, or want to spend, hundreds of millions of pounds on unnecessary compulsory photo ID. If it is a question of money, they could save a lot on electoral registration by making the process as automatic as possible, cutting down the cost of paper forms and personal canvassers. They could deal with it on databases. But they do not seem to want to save money if that might allow more of our citizens, especially young people, to be able to vote.

Voter identification has been piloted in only a handful of local authorities—and only in local elections. But local elections often have only half the turnout of general elections, so I fear that the number of staff required at polling stations may have to be doubled if they are to check each voter’s ID, especially if it is photo ID. The staff may need a lot more training and support. Perhaps, as the noble Lord, Lord Grocott, said, there will be many more arguments in polling stations and more staff needed to resolve them. As he said, there will also have to be a lot of very costly public information about the changes to what the noble Lord, Lord True, often refers to as our “tried and tested” system.

He seems to like our tried and tested system when he opposes any changes that may not favour his party, but he seems quite ready to change the tried and tested system at polling stations, even at great cost, when no such radical change is at all necessary. Perhaps placing a few more police officers on duty at some polling stations might be a cheaper and much more cost-effective way of reassuring people that the voting process is safe, if that needs to be done. Certainly, we do not need compulsory photo ID.

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[Lord Kerslake (CB)]

Given the lateness of the hour, I hesitate to come in now, but I feel passionately about the importance of tackling the uneven and potentially discriminatory nature of what we are doing here without the proper assessment to which the noble Lord, Lord Woolley, referred.

I shall make two points. The London Voices project is worth reading in detail. I agree with the noble Baroness, Lady Hayman, on that. It involves more than 100 organisations with more than 5,000 staff. They have produced a comprehensive picture of the risks involved in this project. Has the Minister met the London Voices project? If she has not, will she do so as a matter of urgency?

My second point is about the Mayor of London’s concerns. He has written and set out very clearly the risks, as he sees them, in London: over half a million Londoners without a passport; over 2.5 million Londoners without a driver’s licence; and something like one in five of those with a disability not having a freedom pass. I could go on. A whole range of people in protected groups do not have the evidence that is required. We may then say that there is a free pass available on application—but look at the JRF analysis, which shows that a large number of those very people are the ones most likely not to apply for the free pass. So, the net effect is that they will be excluded. Can that be what we are looking for here? Have we done enough to be sure that that does not happen? I do not think so.

[Viscount Stansgate (Lab)]

My Lords, I hope that the noble Lord’s back, after seven hours, recovers. I was one of some Members who were in this Chamber at 2 o’clock this morning debating and voting on another important Bill.

In view of the lateness of the hour, I want to put only one point to the Minister. The Government understand that their proposals in this area are controversial. They are controversial because they are making a very considerable proposed change to the way in which we conduct elections. Yet at the same time, on all sides of the House, we are agreed that we want to see the maximum possible voter registration and turnout. Looking at this group of amendments, which I rise to support, does it seem unreasonable that the Government should be required to provide a statement on the estimated impact of these provisions on voter turnout? That seems to me a very reasonable request.

[Lord Scriven (LD)]

My Lords, listening to this debate, it is quite obvious that some groups of people are less likely to have access to the voter ID that will be required. We should know much more about the potential consequences of such a major change to our tried and tested system at polling stations before introducing it for a general election. As the noble Lord, Lord Woolley, said, let us press the pause button on this. A single survey commissioned by the Cabinet Office is not sufficient to show that compulsory voter ID will not have many of the same problems that we see with electoral registration, which effectively excludes many people from their right to vote.

We should look in some detail at the report of the Joint Committee on Human Rights on this issue. It drew attention last September as to how:

“The Government must do more to demonstrate the need for voter ID”.


The committee said that the Government must also

“mitigate the potential barriers to voting its proposals may create.”

The Government’s response spoke about making elections “accessible”, but they failed to justify any additional barriers to voting or to show that they were proportionate to what is shown to be an extremely low level of electoral fraud and one conviction. The Joint Committee on Human Rights said that

“it is estimated that over 2 million people will not have an acceptable form of ID and so will have to apply for a free voter card or lose the ability to vote at the polling station. These proposals are aiming to reduce fraud at polling stations, however the recorded instances of such fraud are rare.”

Having taken expert advice, the committee warned that:

“The impact of the proposals may fall disproportionately on some groups with protected characteristics under human rights law. Older people and disabled people are less likely to have photo ID and some groups such as Black, Asian and minority ethnic communities may be hesitant to apply for the Voter Card. The Committee calls on the Cabinet Office to produce clear research setting out whether mandatory ID at the polling station could create barriers to taking part in elections for some groups and how they plan to mitigate this risk effectively.”


It is worth noting that this is what the impact assessment says about this policy in terms of its effects on voting:

“The analysis does not assess the impact of the policy on voter turnout.”


The Government’s own impact assessment has not even looked at what the effect will be on voter turnout. Why was this not done?

It has been mentioned that some countries have voter ID. To answer the question from the noble Baroness, Lady Meacher, certain states in America do not have compulsory voter ID, and the effect on turnout is that those who are more economically affluent will vote while those who are least economically affluent will not, because they do not have access to voter ID. So there are international comparisons showing that this is a problem.

Because of the lateness of the hour, I will say just this: there will be roughly 2.1 million people for whom mandatory voter ID will be a barrier to exercising their vote. If that is the case, why are the Government pursuing this policy, and why have they not carried out an impact assessment to see its effect on voter turnout?

Elections Bill

Viscount Stansgate Excerpts

Lords Hansard - Part 1 & Committee stage
Monday 28th March 2022 Lords Chamber

[Baroness Meacher (CB)]

I shall contribute briefly, following the contribution of the noble Lord, Lord Shipley, in support of Amendment 155A. I too fully support the principle of “no taxation without representation”. If the Minister is unable to support this amendment, I wonder whether he could explain to the House why the Government do not accept this incredibly reasonable principle. How can they not agree to that? I do not get it.

The complexity and confusion referred to by the noble Lord, Lord Shipley, will inevitably be caused by introducing different voting rights for EU citizens who arrived in the UK before 2021 and those who arrived in or after 2021, and for those have arrived from one EU country rather than from another. It seems that Scotland and Wales are extremely sensible, as they have managed to adopt residence-based voting rights. The case for a UK-wide approach on this issue is incredibly strong and the Government will need a powerful argument to deny it. I hope they are able to make a sensible decision and accept the amendment.

[Viscount Stansgate (Lab)]

My Lords, I add my name to those who have expressed their regret that the noble Lord, Lord True, is not in his place to respond to today’s debate. All I can say is that I wish him a good recovery. If he is watching us online, I do not know whether that will aid his recovery or delay it.

The noble Lord, Lord Shipley, and other Members, including my noble friend Lord Desai, have all identified that this is an important part of the Bill but it is a mess. It is really difficult to encapsulate what we are trying to talk about, but I wanted to intervene to make one point. One of the general principles that we should apply is that if you have the right to vote, however that is defined, then you should also have the right to be a candidate. You may say that that is a rather simple and obvious thing to say, but I shall give the Committee an example: between 1969 and 2006 we had a period where there were people with the right to vote but not to be a candidate. It is remarkable, really, that it was only in 2006 that the law was changed to allow people from the age of 18 to 21 to be a candidate as well as being an elector. I have good personal reasons for being very well aware of that fact. I wanted to introduce the principle that there is a good case for having a system whereby, if you have the right to vote, you can also be a candidate in the election in question.

[Lord Scriven (LD)]

My Lords, I also wish to speak in this part of the debate in Committee on these amendments.

I have to be totally honest with the Committee: when I was asked to be part of the team on this Bill, I was not an expert on elections other than that I had been a candidate and I had been the leader of a council and seen election officers’ work close up. As we have progressed through the Bill, some issues have become clearer but some have confused me even more as we have debated them. This is a part of the Bill that really confuses me. What is the basis of the electoral franchise in the UK? What is the platform that is easily understood by a citizen? This is an example of why electoral law needs to be simplified.

I want to deconstruct what that means in the terms of my noble friend Lord Shipley’s Amendment 155A. Let us take it down to ordinary citizens. In a local authority area, you could have someone who owns a holiday home, and so has an address there, but they never live there. They rent that accommodation out for 52 weeks a year, yet they have a right to vote there. They do not use the services and do not contribute other than in council tax. Another person lives there for 365 days a year, works in the local area and pays taxes, volunteers at the local food bank, is an upstanding member of the community and gets involved in litter picks, is an active citizen in the community, uses the bin service, wants to get involved in planning and is affected by planning policy, has friends who use social care, wishes to use the library—and library services are starting to charge—and uses all the local services but, because of either where they came from or when they came to the UK, they do not have a vote. Yet someone in that area who has no connection other than that they can purchase a holiday home can vote.

Elections Bill

Viscount Stansgate Excerpts

Lords Hansard - Part 2 & Committee stage
Monday 28th March 2022 Lords Chamber

[Viscount Stansgate (Lab)]

My Lords, I support the amendments tabled by my noble friend Lady Hayman.

In view of the lateness of the hour, the Committee will not welcome my repeating the arguments that have already been made, but the noble Lord, Lord Butler, correctly identifies the qualities which are needed for what we all want: an electoral process that has integrity. Whatever our differences around the Chamber, none of us would want to live in a world where you can, to put it bluntly, buy an election. The noble Baroness, Lady Bennett of Manor Castle, referred to the United States. In its constitution, under the definition of “free speech”, people can spend as much money as they like in furtherance of their own beliefs, which is why billionaires can buy their way into public office. We do not want that system here.

Amendment 212C has not been moved yet, but I want to refer to it because it seeks to make it an offence for anyone who

“makes false statements about the integrity of the electoral process.”

I would call that the Donald J Trump amendment, because I cannot think of a single person in history who has made more false statements about the integrity of any political process than the former President of the United States. However superficially attractive Amendment 212C may be, the better safeguard to protect the integrity of our system is that outlined by the noble Lord, Lord Butler.

[Lord Stunell (LD)]

My Lords, I think that I am now the 11th Peer to tell the Minister that the legislation is not strong enough when it comes to protecting our elections from the financial bigwigs. Indeed, there was a report from the Committee on Standards in Public Life last July. I hope that the noble Lord, Lord True, is back with us for the next stage of this Bill, but we have had some discussions with him about how many of those recommendations in last year’s report the Government believe that they have incorporated in this Bill. He has been a little bit coy about that; I might perhaps try to tempt the noble Baroness or the noble Earl to try a little harder on which of the 47 recommendations in last July’s report by the Committee on Standards in Public Life the Government believe that they have incorporated in this Bill, and which ones they are positively rejecting.

However, I want to speak about a preceding report from the Committee on Standards in Public Life in 2011. I thought that maybe if it had a 10-year run-in, there might be a better chance that we would achieve success in this Bill from some of its recommendations. Noble Lords will know that I am a member of CSPL, but I certainly was not in 2011—I was fulfilling a different role then. That report reviewed the case for having any kind of financial limits on elections. The top risk is the risk of capture of a political party by donors, capture of its policy, its practice and its personnel. Regarding policy, some of us have been frustrated for a long time by the inability of successive Governments to get to grips with tax havens around the world. I am sure that it is completely unconnected that a number of donors live in tax havens, but it could be something which the public would be suspicious about, even if we are far too knowing to believe that a party might be influenced by that.

What about the difficulty in bringing offshore banking onshore? Could that have anything to do with where donors are starting from and where they are banking? What about getting a beneficial ownership register of all companies and making Companies House work properly? Again, we find very little progress, which is very much in the interests of people who make big donations to political parties.

So policy can be affected, perhaps by slowing it down or perhaps by driving it slowly into the sand. Some of us think that this Bill is a victim of that, with so many proposals not grasped but avoided. My noble friend Lord Clement-Jones gave some powerful evidence about the way in which there has been a failure, in this Bill, to confront electronic campaigning, as has been recommended to the Government by many bodies and persons.

There is a risk of capture of policy and of practice, and that is in how government acts and what happens. I point to the free market for high-end property purchasing in London, which has suddenly come to a grinding halt, at least as far as some purchasers are concerned. Obviously, it serves the economy of the UK fine to sell hugely overpriced houses and leave them empty, while various dictators in the former Soviet Union sit on their extracted wealth, but it is not all about foreign donors.

I bring to your Lordships another situation where government practice has been distorted by motives that are not necessarily in the best interests of public service. I refer to the company PPE Medpro, reported in the Guardian this morning as having secured a contract for the supply of 25 million sterilised surgical gowns during the pandemic. Those gowns were bought by PPE Medpro for £46 million and sold to the Government for £122 million. In this case, the money is going in the opposite direction to the one we have been talking about for most of this group of amendments. According to the Guardian report, it turns out that those sterilised surgical gowns were, in fact, unsterilised; they were not double-wrapped and they a had false or misleading BSI test number on them. I understand the Department of Health is trying to get its money back, but the mindset that led to that fiasco unfolding is part of the capture, by big donors and big-donor thinking, of a political party.

Then there is personnel—policy, practice and personnel. It is almost embarrassing to say it, but recommendation 19 of the 2011 report of the Committee on Standards in Public Life was that there should be full publication of the criteria for political appointments to the House of Lords. I plead guilty as a political appointment to the House of Lords, as probably should a number of other noble Lords here, but it makes the point that there is an unhealthy connection between money, donations and preferment. It is not simply the House of Lords that is in scope.

Amendment 212DA in my name repeats two of the recommendations from that 2011 CSPL report. In fact, the noble Baroness, Lady Bennett of Manor Castle, quoted from it but, for the purposes of time, left out some words beyond the end of that quote. Recommendation 1 states that there should be a limit of £10,000, which is the figure I have included in this amendment. There should be a democracy of donors, as was spelled out by the noble Baroness, Lady Bennett.

Recommendation 6 of that report figures in the second part of my amendment, in that there should be a reduction in national election spending limits of 15%. That was from the CSPL in 2011; the election spending limits had been in place for five years, at that time, and the committee thought they should be reduced by 15%. Fair enough—they have not been increased, but it has now been proposed that they should be increased by over 60%. Far from the 15% reduction that the CSPL thought was sensible 10 years ago, the Government now propose that they are increased by 60%.

I would put in a case for CSPL’s proposals and recommendations and therefore for my amendment. I also strongly support the other amendments that have been put forward. Perhaps the most powerful—not to decry any of the others—is what I have chosen to call the Rooker-Butler amendment, Amendment 212G, which should put the wind up every political party if it comes into force. It proposes that there should be a “risk assessment” for all donations over £7,500. It seems to me that, as a basis for proceeding further, it can hardly be beaten. But I cannot leave out the amendment of my noble friend Lord Wallace and the noble Baroness, Lady Hayman, that would capture “unincorporated associations” as well—this is recommendation 10 of the Committee on Standards in Public Life’s report of 2011.

I finish by simply saying that the Government may or not be ready to take on the recommendations of the Committee on Standards in Public Life’s report from last year, but, for goodness’ sake, will they please agree to take on those that it made 10 years ago and that have still not been implemented?

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[Baroness Scott of Bybrook (Con)]

I do not know, but what I can say is that it is a continuing process, as I have said. We will monitor any future impacts, and I will get a fuller answer for the noble Lord.

[Viscount Stansgate (Lab)]

Before the Minister completes her remarks, her argument is that Amendment 206 is not necessary because the Government will do it anyway, while in respect of Amendment 205 she has indicated that the Government are minded to consider the question of consolidating electoral law but gives no idea of the timescale on which they might undertake that. Is that correct?

[Baroness Scott of Bybrook (Con)]

No, I did not say that we were minded to consolidate at all. I go back to what I said: the Government’s immediate priority will be the implementation of our manifesto commitments, which the Bill delivers. I have not given any undertaking that we will do another Bill to consolidate, as was set out in that group of amendments.

Amendment 213 would prevent Schedule 8 coming into force until a time when the Secretary of State has made a statement to Parliament on the voting and candidacy rights of EU citizens. The Government’s position on this policy is clear and settled and was set out in detail in a Written Ministerial Statement in the other place on 17 June 2021. Now that we have left the EU, there should not be a continued automatic right to vote and stand in local elections solely by virtue of being an EU citizen. We have made provision to protect the rights of those who made their home here before our exit and preserved rights where that can be done on a bilateral basis, protecting UK citizens living in those countries in turn. A statement of clear intent on this matter has already been made to Parliament and I can see no purpose in restating our position. I therefore urge the noble Baroness to withdraw her amendment.

Elections Bill

Viscount Stansgate Excerpts

Lords Hansard - Part 2 & Report stage
Wednesday 6th April 2022 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I had the pleasure of introducing this amendment in Committee and I am pleased that the noble Lord, Lord Woolley, who has been the proponent of this throughout, was able to be here on Report and provide such a powerful introduction. I raised one practical point previously: how hard it is for people to check if they are on the roll. The Minister said she was going to write to me about that, and I look forward to her letter.

The noble Baroness, Lady Whitaker, is not in her place now, but in Committee she stressed the way in which automatic voter registration would be helpful to poor and marginalised communities, particularly Gypsy, Roma and Traveller communities. We should keep that in mind, and also the words in Committee of the noble Lord, Lord Scriven, who noted that the impact assessment is to ensure that those who are entitled to vote should always be able to use that right—that is the Government’s stated aim for the Bill.

After those brief words, I will repeat three words said by the noble Lord, Lord Woolley, in his introduction: “seize this opportunity”. I think he was speaking then to voters, but that it is a great message to leave with your Lordships’ House: seize this opportunity for democracy.

[Viscount Stansgate (Lab)]

My Lords, I rise to say three things. First, I am pleased to see the Minister back in his place and I hope he has recovered. Secondly, I am pleased that the noble Lord, Lord Woolley, has made another journey from Cambridge to be with us tonight. Thirdly, I agree with him that we should make history and I urge the House to vote for this amendment.

[Lord Eatwell (Lab)]

My Lords, I was struck by the argument from the noble Lord, Lord Rennard, that one does not have to opt in for taxation. I think he is arguing for “no taxation without representation”, a slogan which if recognised in the past might have eased some pain which a British Government suffered.

At the end of the debate in Committee, I put it to the Minister that someone should turn up at a voting booth with a British passport and a driving licence and would then be denied the right to vote. She replied, “Of course, that person’s not on the register.” That seemed to illustrate the total folly of the current restrictive register, and the wisdom of the amendment tabled by the noble Lord, Lord Woolley, which I urge everyone in the House to support and so maximise the number of people who are engaged in the civic process of voting in this country.

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[Lord Hacking (Lab)]

My Lords, I have been disfranchised twice. I was disfranchised in 1972, when I first entered the House and was disfranchised with lunatics and criminals. The second time I was disfranchised was in December last year, when I had the opportunity to come back to the House following a hereditary Peers’ by-election. Now I am no longer in the company of criminals and those in prison—I am not quite sure about lunatics—because, as I recall, when the noble and learned Lord, Lord Clarke, was Lord Chancellor, a provision from the European Court of Human Rights restored, or at least gave, the right to vote to those in prison. I think I have therefore lost the criminality side of my company, but I am not sure whether I have also lost the lunatics.

This is, as my noble friend Lord Dubs said, not the most important amendment being considered in the House, but it is an anomaly that is unjustified. In Committee, the noble Earl, Lord Howe, argued for the Government that we should not have two bites of the cherry—this is my language, rather than his—because we are directly involved in legislation; if we had the vote, we would have a different way of expressing our views. Then the noble Lord, Lord Cormack, argued that, since the House of Commons rises after a Dissolution—not after a Prorogation—the Lords are treated differently from Members of the House of Commons. The truth is that we are treated in very much the same way following a Dissolution, because once Parliament has been dissolved, we are not entitled to come back to the House until we have received a Writ of Summons and get sworn in. We are therefore not in a different position from the House of Commons. This is an anomaly and should be changed, but it is not one of the most important amendments being considered by the Minister, who is sitting back on his Bench with his arms folded, looking at me with a patient look.

[Viscount Stansgate (Lab)]

My Lords, I find myself in a difficult position over my noble friend’s amendment. At an earlier stage in Committee, I said in the course of some remarks that I thought it was a good principle to follow that, if you have the right to vote, you should also have the right to be a candidate. In relation to my noble friend’s amendment, by definition, were this amendment to be passed and we were given the right to vote, we would still not, of course, have the right to be a candidate, by virtue of the fact that we have two Houses in Parliament and, at the moment, one is elected and one is not.

The right to vote is a very important thing and I, like other noble Lords, perhaps, noticed, psychologically, the very big difference in coming here and, at the same time, knowing that if a general election were called tomorrow, I would not be able to go and cast my vote in a polling station, which I have done all my life. Nevertheless, it may be that in the future, the solution is that this House may—who knows?—become an elected Chamber, in which case I would be very happy to have the right to vote, and I would be happy to be a candidate for this House. Time will tell whether either arises.

Elections Bill

Viscount Stansgate Excerpts

Report stage
Monday 25th April 2022 Lords Chamber

[Viscount Stansgate (Lab)]

My Lords, I rise to support Amendment 64, so ably moved by my noble friend. It is an inoffensive amendment. The reason I rise is to say that I look forward to the Minister’s reply, because in my bones I feel that the answer we are going to hear from the Dispatch Box opposite is that there is a reason why the Government cannot accept it. I look forward to hearing what that reason or reasons may be, because one would be hard put to object to anything so inoffensive; it does not even have a timetable. Nevertheless, I look forward to the Minister’s reply.

[Baroness Scott of Bybrook (Con)]

My Lords, the Government agree in principle that there is a strong case for the consolidation of electoral law, and we have noted the interest expressed in this Chamber and in the recent PACAC report. However, as previously noted in Committee, we must acknowledge that the process of consolidating electoral law will be a long-term project that will take significant consideration and policy development. It is not something to rush, and it is not something for which the Government should commit to firm deadlines in a timetable at this stage.

The changes brought forward by the Elections Bill are part of a large programme of work, which will include secondary legislation and practical implementation matters. As such, it is the Government’s view that the implementation of this work should first be completed before work on the consolidation of electoral law can begin. For this reason, the Government cannot support this amendment.

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[Lord Wallace of Saltaire (LD)]

My Lords, I should declare an interest. I have two sisters, one of whom left Britain 60 years ago and the other 50 years ago. They would be entitled to vote under this provision. I also have a nephew and a niece who left in infancy. They too would be entitled to vote under this scheme.

I also declare an interest in that my party has been in favour of moving towards overseas voting and has thought some of it through. It has looked at practice in comparable countries such as France and Australia. It is clear that we need to involve embassies and consulates abroad if we are to make sure that votes are returned in time. It is also clear that we should be moving towards overseas constituencies, given the different requirements of those who vote from overseas. This happens in a number of other countries. It could be done here. The Minister seemed astonished when I first mentioned overseas constituencies, as if he had not heard of them before.

I have had hundreds of messages about this, from people in France in particular. First, the local MP where they are still registered tells them it is nothing to do with them and they are not going to take up their case because they do not live in the constituency. Secondly, they would like to have overseas constituencies with particular MPs, or Members of the second Chamber or whatever, who would take their interests into account. France has a small number of overseas constituencies, with a much larger number of voters per constituency, and their interests are taken into account.

I hope the Minister will not mind my saying that, when I first went to discuss with him and his team the way in which this extension might be implemented, I was staggered by the lack of detail and what seemed to me to be a lack of interest in the detail. We have very little information on its implementation. It is not quite as bad as the Government’s proposal to send asylum seekers to Rwanda, which appears to have had almost no thought as to how it might be implemented or costed.

There are a range of things that we need to consider. We know already that getting ballot papers out to foreign countries and back within the short time period is extremely difficult and very often fails. What do the Government propose to do about this if they are going to implement this expanded scheme? We have not yet heard anything on that. Will it involve embassies and consulates abroad? I asked a Question last summer and was told by the Foreign Office that it had not been consulted on this and did not expect to be involved to any degree. The Australians, the French and others clearly play a large role in managing and assisting with overseas voting. How therefore would this be carried out in practice when it comes? The Government also wish to shorten the campaigning period. At present, that proposal has been put off. If the campaigning period were any shorter, getting ballots out and back would be almost completely impossible.

This amendment says, “Tell us how you will do this. Demonstrate to Parliament that you have actually thought this through and that you have some way of identifying who are British citizens overseas, where they were residing in Britain beforehand and that, if they wish to vote, the means will be provided for them to receive ballot papers and to get them back—and do not implement it until you are able to answer those questions”. I have not yet heard the Minister or his officials be able to answer any of these questions, and therefore we have tabled this amendment.

[Viscount Stansgate (Lab)]

My Lords, we are nearing the end of this debate on Report. I cannot say that this Elections Bill is one of this Government’s finest constitutional measures. Although it is late in the day, we have just heard from the noble Lord, Lord Stunell, a very clear exposition of some of the questions which have not been answered, and I think it is perfectly fair to ask the Government—even at this late stage on Monday night—to provide some answers.

I find myself sitting here thinking back to the time that John Stonehouse disappeared, which some noble Lords may remember. When he disappeared, it became clear that there was no provision under British electoral law to remove him from his position as a Member of Parliament. Even though he was arrested and imprisoned in Australia, his constituency went unrepresented, because there was no way of getting rid of him. So things that might appear to you to be unlikely, such as those outlined by the noble Lord, Lord Stunell, might still one day actually occur.

The only thing I would add is that, over the Easter Recess, I met a British citizen who left Britain 55 years ago. He has been living in an EU country. I can report to the House that he was astonished to discover that the Government were now planning to give him the vote. He asked me a number of questions, such as “Where would I cast my vote?”—which brings me to the questions mentioned by the noble Lord, Lord Wallace of Saltaire. Some countries, France being one of them, have overseas constituencies. After decades of inaction, the Americans finally made it possible for Republicans and Democrats abroad to vote while living in the UK. I am sorry to say this at such a late stage, but this is an area that has not been as fully thought through as it should have been. That is exactly what this House is here for and I look forward to the Minister’s reply.

[Lord Collins of Highbury (Lab)]

I too thank the noble Lord, Lord Stunell, for his excellent introduction to this amendment. It is worth focusing on the fact that the Minister has, on numerous occasions, stressed the impracticalities of some of the amendments that have been considered today, saying “We can’t do this because it’s impractical”. Yet, without any thought, the electorate can be increased from 1 million to 3.3 million, as we heard from my noble friend earlier, without any infrastructure or effort to manage the implications.

The noble Lord, Lord Wallace, talked about other countries. Other countries have different voting systems, such as list systems and regional systems. But our democracy is fundamentally based not on a party system but on the constituency system, where an individual MP represents the people of that constituency. With what is being proposed, we could suddenly have, as my noble friend said earlier, 7,000 or 8,000 people being allocated to a constituency who, according to the noble Lord, Lord Stunell, have never lived there. And we will not even make any attempt—or there will not be any practical way—to verify people’s entitlement to vote.

In this Bill, we have said that if a resident in a constituency turns up at a polling station but fails to produce photographic evidence of their entitlement, they will not be given the vote. But someone who lives abroad can get a vote in a constituency and be sent it without any proper checks. It is absolutely crazy that the Government are not taking the time to look at the practical implications of this. It comes back to the point: why is it being done? It does not really appear to be being done to defend and enhance our democracy. I know I have said it before, but all this effort is going into people who have left this country, who have never lived here or who have lived here for a very short period of time—we are extending the vote to them—but people who have lived here for 27 years, and paid tax and national insurance, will not be given the vote. It is crazy.

This amendment is absolutely right. It would ensure that the Government pay proper attention to the practical implications of their policy and do so in a timely fashion. It is not as if we are trying to say, “Don’t do this”—even though I agree with my noble friend and would prefer that the Government did not do it. The amendment is saying, “Okay, if you’re going to do it and if it’s a principle you support, do it properly. Understand the consequences, particularly the consequences for our democracy”. This side wholeheartedly supports this amendment.