Representation of the People Bill

Zöe Franklin Excerpts
2nd reading
Monday 2nd March 2026

(1 month, 2 weeks ago)

Commons Chamber
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Zöe Franklin Portrait Zöe Franklin (Guildford) (LD)
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I am grateful for the chance to speak in this debate on such an important Bill that represents a long-overdue modernisation of our democratic framework, but the Government should be in no doubt that we Liberal Democrats will push them to go further, faster. For decades, my party has campaigned for young people’s voices to be properly recognised, so I am delighted to see the voting age finally lowered to 16. This change will enfranchise around 1.7 million 16 and 17-year-olds, giving them a say in decisions that shape their future.

Since becoming MP for Guildford, I have visited many schools across my constituency and spoken with young people whose thoughtful, informed questions make it abundantly clear that they are more than ready to participate in our democracy. While some may argue that 16 and 17-year-olds lack world awareness, I fundamentally disagree. With pre-registration from age 14, and with the right safeguards, we can build lifelong democratic habits and help close the participation gap.

We Liberal Democrats also welcome measures in the Bill that protect our democracy from the corrupting influence of dark money. The new “know your donor” requirements and tighter rules on corporate and unincorporated association donations are essential to prevent foreign interference and restore trust in how politics is funded. We will call for further important changes to strengthen the Bill in this area.

However, the Bill misses a vital opportunity to fix our broken electoral system. First past the post is unfair, outdated and increasingly indefensible.

Gideon Amos Portrait Gideon Amos (Taunton and Wellington) (LD)
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My hon. Friend is making an excellent speech. Does she agree that we need a radical reset of democracy in our country to reinvigorate trust, which has recently been lost? We need to cap big donations, bring in fair votes, and abolish the ludicrous voter ID scheme from the last Government.

Zöe Franklin Portrait Zöe Franklin
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I wholeheartedly agree. I urge the Government to listen to the 60% of the public who want a fairer voting system, including members of their own party, and take very seriously the case for proportional representation.

I declare my interest as a member of the Speaker’s Conference on the security of MPs, candidates and elections, and I welcome the inclusion of our recommendations in the Bill. We live in a time when abuse and threats deter talented people, particularly those from under-represented backgrounds, from standing for public office. I am pleased that the Bill will better protect candidates and their families, but we must go further. We need to update section 106 of the Representation of the People Act 1983 to explicitly criminalise the use of AI and deepfakes to smear candidates. Technology is moving rapidly, and those intent on undermining our democracy are moving with it, so we must future-proof this legislation.

Looking across this House, I can see that we have made real progress in reflecting the diversity of the communities that we serve, but there is still far to go. The Bill is an opportunity to enact section 106 of the Equality Act 2010, which requires political parties to publish diversity data. It has long been a Liberal Democrat commitment, and I pay tribute to organisations such as Centenary Action that have campaigned tirelessly for such transparency.

I urge the Government to reinstate the access to elected office fund in England, which was scrapped in 2020. The Bill claims to support disabled candidates, yet it offers no financial mechanism to make that a reality. Wales and Scotland already provide such support, so why not England?

Richard Baker Portrait Richard Baker (Glenrothes and Mid Fife) (Lab)
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The hon. Lady is making an important point about the accessibility of elections for disabled candidates and voters. Disability charities have made the point that there is some way to go in ensuring that our elections are truly accessible for disabled people. Does she agree that it is important that the Bill does that?

Zöe Franklin Portrait Zöe Franklin
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I wholeheartedly agree that we need to do more to ensure that everyone is able to take part in voting, particularly those with visual impairments.

It is an anomaly that Wales and Scotland offer support for accessing elected office, but England does not. Why does England not have that fund? We must ensure that people with disabilities are not prevented from standing to represent their communities.

I am pleased that I will be serving on the Bill Committee, and I look forward to working constructively with the Government to strengthen the Bill so that our democracy is truly safe, fair and representative of all.

Representation of the People Bill (First sitting)

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Sam Rushworth Portrait Sam Rushworth (Bishop Auckland) (Lab)
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Q I want to go back and get your views on the use of bank cards. You have talked about the 16,000 people who showed up to vote but were unable to, and no one has ever canvassed without finding, about every hour, someone who that has happened to. There have only been three convictions, however, for electoral fraud. Clearly, we have to get the balance right, but do you feel that the Bill does get that balance right?

Dr Garland: I think so. I would encourage continued monitoring of it. I think that bank cards and digital IDs are very promising for making it more accessible for voters. I think that there should be something on the day as well, such as vouching or a station, to give one further option. What is in the Bill is very promising, but we need to find out if it has the effect we want it to have by continuing to monitor who is being turned away. The next general election will be the last time that that is required under current law, so that is something to be looked at. We will only know if it is working if we get the data.

Zöe Franklin Portrait Zöe Franklin (Guildford) (LD)
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Q For transparency, I met Dr Garland along with various other democracy organisations prior to this Bill Committee. My questions are about how we make our democracy more representative. In your view, to what extent does the fact that the access to elected office fund no longer exists mean that those who are from more diverse backgrounds or have a disability cannot access standing for election?

Dr Garland: It is really important, and the more we can do to encourage people, the better. We also have to think about the pipeline, in terms of encouraging people into representative politics. Of course, many of the things that the Bill deals with around harassment once people are here are really important as well.

We are still waiting on the enactment of section 106 on candidate diversity data, which would allow us to understand more about who is coming forward and how they are being supported to do that. I would really encourage that. It is not in the Bill, but I encourage people to have a look at that—it is a really important bit. We have to know the situation through the data before we can improve things.

Zöe Franklin Portrait Zöe Franklin
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Q On that note, I have tabled an amendment about that exact thing—section 106—which specifically asks for the Electoral Commission to be the repository. Do you think that having a centralised hub would be particularly helpful, because it would allow us to look at the data, identify where the issues are and act on that?

Dr Garland: It is really important to be able to read across different data sets and see the picture overall. That also means that we need the data to be in a standardised format, coming from each political party. There are ways of doing it that enable parties to retain control of their own data, which is also important, so we need to get that balance right. Of course, anonymity and appropriate levels of disclosure are all really important in that respect.

None Portrait The Chair
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We have 90 seconds for your question, Laura Kyrke-Smith, and the reply.

Representation of the People Bill (Second sitting)

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Sam Rushworth Portrait Sam Rushworth
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Q What I am hearing in both of your answers is very little impact from personation, but a very high impact from people who want to vote not being able to.

Richard Mawrey: Yes, that is a different problem. People being turned away is a different problem. It does not involve an electoral offence, but it is none the less serious.

Zöe Franklin Portrait Zöe Franklin (Guildford) (LD)
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Q I had a quick question about the accessibility of polling stations for people with disabilities. As a quick example, I spoke to someone who talked about how their son, who has a severe learning disability, really wanted to vote. They had talked it through beforehand, but he really struggled in the voting booth, and of course, the parents cannot assist in the voting booth. What challenges do you see at the polling stations for people with a wide range of disabilities being able to use their vote?

Richard Mawrey: You bowled this one at me somewhat outside the wicket. There is provision in the 1983 Act for assisting people with certain levels of disability—for example, helping those who are blind. I think that there are provisions—this is entirely off the top of my head, because I was not expecting this—for people with learning difficulties.

There are certainly provisions for people who are physically incapable. If you require someone to push a wheelchair into the polling booth, you can do that. That is perfectly above board. The rules might be looked at there, but they exist. We have never said, “You are a blind man. You have to work out how to vote. You’re on your own.” You would never actually say that. That is provided for by the Act and has been, basically, for 100 years.

Zöe Franklin Portrait Zöe Franklin
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Q I guess the question is whether there is more that could be done, potentially through this Bill, to empower every single person in our democracy to vote.

Councillor Golds: I have witnessed this several times in my life. I remember, after ’83, taking a blind woman to vote and watching the presiding officer do the process. He said, “I am clearing this area,” and he took the lady over and discussed it with her. He said, “Mr Jones, the Labour party candidate. Mr Smith, the Conservative party candidate. Mr Brown, the Liberal Democrat party candidate.” Then he asked, “Who do you wish to vote for?” She said so quietly and he marked the ballot paper. It was done incredibly professionally. I have seen it done with people with disabilities, where sometimes they are taken into a side room. What we are talking about goes straight back to where we began—it is the case that people do not know. The facility is there, you just need to get people to know.

Harry Busz: From our observations back in 2024, we found that there are two separate issues. One is the polling station building and whether that is accessible—importantly, independently accessible—for somebody to get to the presiding officer’s desk and a polling booth. Second is the type of aids that are there for them to be able to vote independently. It is very difficult to find the correct buildings and buildings that are accessible. Councils struggle, election to election, to go, “We have this much time. We need to find these spaces.” Over the last few years, we have seen a real improvement in the type of aids that are given to people. We have gone from just having a tactile voting device and maybe a pencil grip to a lot more councils having things like lighting and QR codes with audio lists of candidates on, which is really encouraging.

There are lots of countries around the world where we observe far greater levels of accessibility aids. I remember once seeing somebody in the USA, who was paralysed from the neck down, being able to vote independently by blowing through a straw—I did not really understand how that worked.

There are ways that we can improve. Obviously, it all costs a lot of money. Some of the opportunities to make elections more accessible for people could be through advanced voting, and having voting hubs and specialised pieces of equipment in a single polling station, which anybody could use if they were voting in advance of the election.

Lewis Cocking Portrait Lewis Cocking (Broxbourne) (Con)
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Q I should declare that when I was a councillor, I did a number of things with Councillor Golds on similar committees at the Local Government Association.

Harry, earlier you mentioned a percentage of people in your data who get turned away at polling stations. Was that all because they did not have the appropriate ID? I have seen people get turned away from polling stations simply because they have turned up to the wrong one. Do those people get included in your data, or is it just people who fail to bring the appropriate ID?

Harry Busz: That figure is just for people who fail to bring ID. We do see people who are turned away because they may not be registered or they may be at the wrong polling station, but they are not included in those statistics.

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Zöe Franklin Portrait Zöe Franklin
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Q It is interesting to hear you talk about how the Electoral Commission does not have the power it needs in order to act in this very challenging, complex and constantly evolving sphere. From your perspective, what are some of the key changes that would need to be in the Bill to enable us to have that protection and enable the Electoral Commission to keep on top of this?

Alexander Browder: Overall, there should be more strict and rigorous requirements for crypto donations, if those are permissible. Specifically, political parties should be required to release the cryptocurrency wallets they receive donations from; they should be required to store the cryptocurrency in UK Financial Conduct Authority-registered companies; and any amount should be reportable.

Not only that, but donations involving something called privacy coins should be stopped. A privacy coin is a recent development within the cryptocurrency space and is completely untrackable. One such example is Monero. Privacy coins should not be in the democratic process, because you are not able to verify the donor. Furthermore, laundering services like some I mentioned before—mixers—should not be allowed to be used for political donations, because they make it much harder for the Electoral Commission and political parties to investigate.

Zöe Franklin Portrait Zöe Franklin
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Q I have a second question. The Joint Committee on the National Security Strategy recommended a temporary ban on crypto donations until there is statutory guidance. From your perspective and understanding of crypto, do you agree? Expanding a bit more, is there anything you would recommend in any guidance on crypto?

Alexander Browder: I saw that report, which was very good. As I mentioned, cryptocurrency as a whole may only be properly regulated, at best, by the end of 2027. It needs to be established that cryptocurrency can be regulated, and that that can be enforced properly, to stop bad actors like Russia from entering our elections. What also needs to be established is that the people who are donating are not foreign entities like Russia, but are UK citizens. This is a big issue; due to the inherent nature of cryptocurrency, you are not able to verify properly the source of funds.

Lloyd Hatton Portrait Lloyd Hatton (South Dorset) (Lab)
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Q To build on some of the lines of questioning that have been put forward, I am keen to get your perspective on what the best approach is to make sure we look at the next big challenge that could be posed by crypto donations, particularly if those come indirectly. How do you see us being able to challenge that problem and take it seriously if we find that crypto donations are reaching political parties in this country via an indirect route, particularly via companies or a third party, for example?

Alexander Browder: There need to be stricter “know your donor” requirements. Not only that, but the enforcement on parties should be greater. If they do not respect the political process, there should be higher fines and stricter policies.

On your last point, through my investigations I have found that Companies House has been abused by cryptocurrency exchanges. In one particularly egregious case, two IRGC-linked companies managed to register here in the UK under false names. They were operating for four years, while registered here in the UK, processing billions for the IRGC. That raises the question whether some foreign actor or criminal could set up a UK-registered company and donate through that? That definitely has to be looked at.

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None Portrait The Chair
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We will come to you, Ms Shorten.

Jenny Shorten: May I cede the floor to Tom?

Tom McAdam: We are in favour of AVR. A YouGov poll at the last election showed that only 26% of Brits abroad understood their rights, so automatic registration, using the touch points that were previously mentioned, is something that we would support. On Imogen’s point about the free post, voters abroad should be making informed decisions and receiving literature from candidates in the same way as domestic voters, so we would support anything that enables, say, one free post or an electronic communication from candidates to citizens abroad so that they are able to make an informed decision.

Jenny Shorten: May I just add one other thing to the last point about the free post? If you look at the Select Committee report, it suggested a review of the general election process. It suggested that a good first step would be to centralise the records of overseas electors and have them all on one register. You could then start to have the target group effectively in one place. Informally, I chatted with electoral registration officers in the run up to the last elections Bill, and they were saying that we deal with pretty much everybody overseas—though not entirely everybody—by email, so our records hold that data. If you put together a centralised register and the fact that the councils already know where to find these people, you have the means by which to inform them.

It must be right that you can have the basic data flowing about who the candidates are. It is not about their vote, which is their choice—I am sure we will discuss digital in a moment—but about what their choice is. In this day and age, I do not think there is any excuse for why I am expected to vote for people I have never even heard of and who have not approached me.

Zöe Franklin Portrait Zöe Franklin
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Q I want to talk a little about automatic and automated registration. This question is for all members of the panel: do you think that there should be active promotion of British citizens living overseas joining the register? A couple of members of the panel have already touched upon that. I have a second part of the same question, which Colin Blackwell has already touched on, in relation to the Passport Office. When overseas UK nationals renew or apply for a passport, might it be a sensible approach to provide those overseas individuals with information about registering to vote?

Colin Blackwell: Yes, in one word. That is really precisely what I was trying to say in my previous answer. I renewed a passport from overseas. I provided a local mobile phone number and an email, and there is a healthy two-way interaction: they tell me that my passport has been printed, that it is on its way and so on. There are plenty of opportunities within that interaction to mention it to the overseas citizen. They are already sending me something to ask whether I want to donate my organs, so why can’t they also send something that says, “Do you want to be on the electoral register? This is the link to do it”? Other Government Departments can also follow that.

Whether to register or not is ultimately someone’s choice, but they should have the facts, they should have the link, and they should have the knowledge that they have the right to vote.

Imogen Tyreman: I also agree. I think being prompted is very important generally, even in conversations with us. Everyone here is giving oral evidence as a member of a political party. We are aware that our right to vote came back, but speaking to our communities of Brits abroad and reaching out to friends and family, not everyone was aware. Some people were not aware that they had regained the right to vote. Renewing your passport is a basic starting point. I would not say it is the end goal, but it is the starting point for getting people back on the electoral register and able to exercise their democratic right in this country that they were given.

Richard Williams: I echo all that. The only thing I would say is: why not take things a step further and design an automatic opt-in? There have been studies of automatic opt-ins for organ donation, and you get a much higher acceptance rate if the default is set to opt-in and people are manually asked whether they do not want to let their organs be donated. Why not do the same thing for being on the electoral register? Assume people do want to be on it, unless they do not. Of course, you can then differentiate between the limited and open register and the full register, but I think, at least for the limited one that stays confidential, this could be looked at to make things even easier.

Jenny Shorten: Can I echo the point that was just made? If it is right that eligible voters in the UK automatically go on the register, why is it not right for British citizens eligible overseas to be treated in the same way? I think it is a very straightforward answer. It might have to be done by a different method, but the principle should be exactly the same.

None Portrait The Chair
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Mr Joseph, you have one minute for your question and the answer.

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Samantha Dixon Portrait Samantha Dixon
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Q Chris, you very ably pointed out how technology moves at breakneck speed and takes us forward, and it has been recognised that our electoral system is not keeping pace with it. Is there any way in which either of you feel that the Bill takes us forward and brings us up to speed—anything at all?

Chris Morris: It is not all doom and gloom. If we take the example of digital imprints, measures have been taken to extend the digital imprint regime. Our argument is simply that it does not go far enough, and it should go further. For example, it should cover things like fake newspapers or websites, which can be set up in seconds, that do not include their political party affiliation. The digital imprint regime is being slightly improved by the Bill, but it is simply not ambitious enough.

We also have to think not just of 2026, but of 2029. If you look at how technology has changed since the last general election in 2024, it is almost in a different league. I regularly ask my head of AI, “Where are we going to be in three years’ time?”, and he usually says, “I’m not sure where we are going to be in three months’ time.” We need to have the flexibility to make sure that the measures are as wide as possible, because even if we broaden them in the way that we suggest to include a wider variety of things, by 2029 we may be looking back and saying that it probably was not enough.

Azzurra Moores: It is very hard to disagree with Chris. The imprints work is huge progress. Obviously, it could go further, but I appreciate that a lot of the things we are asking for were not in scope when the Bill was being drafted. Does it cover the issues we are talking about? No, because it never intended to. That is where we are saying there is a real opportunity for the Bill to go further and be wider.

While it may have started with a narrow scope, perhaps once you hear what Philip Rycroft says through his review—and read our amendments slightly further—it will be appreciated that there is an opportunity to say, “How else can we make the Bill safeguard elections for the future?”

Chris Morris: To add to that, on a slightly different part of the legislation, it is good that the Electoral Commission will have greater powers on information sharing and enforcement, but we would like to see it have greater powers on information gathering.

There is a bit of a gap on who is responsible for regulating in that area. We would have liked to see that covered in the Online Safety Act 2023 and given to Ofcom. That did not happen, but one thing that could and should happen in this legislation is giving the Electoral Commission the power to compel people to hand over information or documents really quickly, such as in the heat of an election campaign, without having to turn it into a formal investigation, which as you probably know is laborious and takes time. A lot of this is about agility as well as transparency.

Zöe Franklin Portrait Zöe Franklin
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Q For transparency, I have met representatives of Full Fact in preparation for the Bill.

I want to talk about doxing, and my understanding is that it is not currently within the scope of the Bill. For anyone who is not on top of doxing, it is where information is gathered about you and then dropped online so that people can find out where you live and other information. Given that the Speaker’s Conference and the Crown Prosecution Service have both spoken out about how important it is to address this, do you feel that it is a problem that doxing is not currently in or addressed by the Bill?

Azzurra Moores: What you are trying to address is the issue of online harassment. Doxing is one part of it, but online harassment takes many shapes. I certainly do not need to describe that to members of the Committee, who will have experienced it themselves.

We definitely feel that tackling online harassment is a massive missed opportunity in the Bill. For those of you who might have followed the work of the Online Safety Act Network, it has proposed a new code to tackle online abuse and harassment during elections. Again, that has not been tabled as an amendment to the Bill, partly because it was felt to be out of scope.

When looking at in-person harassment, we also need to understand that those in-person threats happen digitally as well. Certainly, the issues you are raising, such as doxing, could fall under that code. As I said, it is not something that has been tabled, partly because of the narrow scope of the Bill, but I encourage Members to look to that and perhaps have representatives from the Online Safety Act Network come in to give evidence.

Zöe Franklin Portrait Zöe Franklin
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Q Can I go on to the issue of online attacks on candidates, their families and people involved in elections? Social media platforms play a massive role in the distribution of things like misinformation, disinformation and deepfakes. Is there more that the Bill could do to put a requirement on social media platforms to act more swiftly to address those issues?

Chris Morris: My one-word answer is yes, but let me explain it in various ways.

Broadly speaking, it is not unreasonable for us to ask the most powerful companies in the world—who have enormous power over our information environment and, therefore, increasingly over how everyone in this country gets information—to take on a more responsible attitude, some of which we believe should be made statutory.

As part of media and political literacy campaigns, for example, there could be education about why harassing candidates is not a good thing to do. Some of that behaviour comes from ignorance, and from people seeing how others behave on social media.

One of the recommendations we have made, and it is in our written statement, is that there should be a statutory obligation for the big tech companies, the online platforms, to make sure they are fully involved in media and political literacy campaigns. They do some good things, but we have to recognise, and we have to be realistic, that in the end their bottom line is their share price. Regulating how information flows is difficult. At the moment, we are essentially allowing them to regulate themselves, and I think sensible regulation of these companies—we know there will be howls of protest—is exactly what the Members of this House should be doing.

Azzurra Moores: Maybe I can quickly explain why we have gone for such a narrow scope in our recommendation on deepfakes. We recognise that deepfakes are a really complicated topic to regulate, and they need something far bigger than an elections Bill to regulate. Really, wholesale AI regulation is needed.

While the section 106 recommendation does not put new requirements on platforms, it starts to test the bounds on how you would regulate political deepfakes, which we appreciate is a really complicated topic. It is a slow and steady approach to amending legislation, rather than coming in and making big mistakes straightaway. This would be a first step, but obviously there need to be conversations within Government about how we could go further on that as well.

Ellie Chowns Portrait Dr Chowns
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Q Thank you both for your work. You have made a powerful case for the danger of not better regulating disinformation. Can you share any lessons observed from how other countries have perhaps done this better? We have talked about the proposal for a repository of digital adverts. We have talked about deepfake labelling. What about other forms of disinformation, such as bot campaigns?

Secondly, do you agree that we need to regulate not just during the regulated period but all year round, because disinformation has corrosive effects all year round? Thirdly, do you have any comments on the need for better enforcement of existing imprint laws? Finally, you referenced the Rycroft review, which of course covers only foreign interference. Are we paying enough attention to domestic disinformation?

Azzurra Moores: There were lots of good questions there. You ask what more could be done on bots. Chris raised a proposal to increase the Electoral Commission’s investigative powers. For those of you looking at the amendment paper, that is new clause 25 tabled by Emily Darlington.

Tackling bots is going to be really complicated, but we think a really important first step is to give the Electoral Commission investigative powers on the back end of platform data, to try to understand the scale and scope of the problem. Part of the reason we cannot do much more at the moment is that we have a real evidence gap—a real evidence deficit. We need to start giving our regulators, which are on the frontline, more ability to understand the scale of the problem. For us, that would be a first step.

I am intrigued to see what the Rycroft review publishes. Demos gave evidence to Rycroft, and we highlighted that foreign misinformation is obviously impacting our democracy, but so is domestic misinformation. We are waiting to see what he publishes before going further on that.

On international counterparts, we have recommended that this Government establish a critical election incident protocol, modelling what happens in Canada. It is quite a complicated protocol, and it is proposed in new clause 26, but essentially, if there was any interference with an election—if there was an information crisis that impacted the integrity of the election—there would be a published protocol on what officials would do to react to that.

We are a real outlier here in the UK, compared with the other Five Eyes nations, in not having a public protocol. We think this elections Bill is another really important opportunity to say, “We know there are vulnerabilities. We know there are risks. We need to establish transparent public protocols so that, should any of these interferences happen, we have a set of measures that mean we know how to react in that instance.”

Representation of the People Bill (Fourth sitting)

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Paul Holmes Portrait Paul Holmes
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I apologise to my hon. Friend the Member for Broxbourne for not responding to his very reasonable suggestion. If the Minister were to say that she wanted to base pilots across the country on a local authority area, I am sure that many local authorities would jump at the chance to be at the front of delivering it and would work with her to do so. However, it potentially calls into question the integrity of the polls when that is based on a certain characteristic, or on an area that does not necessarily cover the whole area in which people are entitled to vote.

There is a cross-boundary issue with general elections and local elections; my constituency has three local areas with three different EROs within its boundaries. The way in which the automatic registration pilots will go ahead is just not universal. I will therefore insist on pressing amendment 28 to a Division. We will also divide the Committee on clauses 20 to 25.

Zöe Franklin Portrait Zöe Franklin (Guildford) (LD)
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It is an honour to serve under your chairmanship, Dame Siobhain. As my hon. Friend the Member for Hazel Grove set out clearly, we Liberal Democrats support the Government on automatic voter registration. I have just one question for the Minister: can she confirm which datasets the Government plan to use when piloting AVR?

Samantha Dixon Portrait Samantha Dixon
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The Government’s proposal is to introduce a broad power for the Secretary of State to make regulations on pilots testing new, innovative methods of electoral registration. We want to modernise electoral registration to make it simpler for people to engage in a genuinely useful, measured and proportionate way.

The pilot design is in the developmental stage, and we have not decided where pilots will be conducted, but it is essential that Members note that for a pilot to go ahead, secondary legislation will be required. That will mean that Parliament always has the opportunity to scrutinise a proposal in detail, including on the use of datasets, which the hon. Member for Guildford mentioned. We are clear that any permanent changes to the registration process will be grounded in robust evidence and informed by thorough user research. I am confident that they will also be extremely well evaluated by the Electoral Commission.

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

Representation of the People Bill (Eighth sitting)

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Paul Holmes Portrait Paul Holmes (Hamble Valley) (Con)
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Good morning, Dame Siobhain; it is a pleasure to serve under your chairmanship. Thank you for the information about a photographer being present; had I known, I would have had a shave this morning. Normally, we can only be heard in audio and, as my mother says, I have a face that only a mother could love.

We welcome the Minister outlining the parameters of the clauses, and welcome the fact that the Government are taking the safety of election staff seriously. They are public facing, and work with us on an equal basis to ensure that democracy works. We therefore strongly welcome the fact that the Government are extending these protections to election staff. Officer teams across the whole country are very busy at the moment; we know that from our various involvements with election returning officers, and the election staff who are making sure that everybody who is entitled to vote can do so via different methods.

When an officer reads out the results on television, and faces an inquiry from somebody who they do not satisfy, that can spur on the kind of attacks and threats that we receive as publicly elected officials. It is therefore absolutely right that such officers should enjoy the same protections that we do. As I say, the Government should be congratulated on taking this matter seriously.

It therefore makes perfect sense to amend the sentencing code for England and Wales in clause 71 regarding offences that have been committed under the Elections Act 2022, so that going forward this can be treated as an aggravating factor. Of course, it is also perfectly sensible that the provisions apply to Northern Ireland, too.

We strongly welcome the Government’s action on this; it should be supported by everybody. I wanted to put it on the record that the Minister should be congratulated for it.

Zöe Franklin Portrait Zöe Franklin (Guildford) (LD)
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It was very good to hear from the Minister setting out this group of clauses. The Liberal Democrats are very pleased it seeks to address the hostility towards those who administer our elections. As colleagues on the Conservative Benches and the Minister have outlined, they play such an important part in our democracy.

Amendment 38 and new clause 55 in my name address the need for there also to be protection for the families and staff of candidates. I was a member of the Speaker’s Conference, and I would like to put it on record how pleased I am to see so many of its recommendations in the Bill. We considered in quite some depth the issue of abuse of candidates.

The survey of MPs and their staff highlighted the nature of the abuse and intimidation they experience, and the sad reality that it is not limited to them. Rather, where a bad actor is unsuccessful or unable to silence the candidate directly, they turn to the people around them. That can be partners, children or staff. We firmly believe that should not be deemed to be okay in the eyes of the law, and that it needs to be addressed.

New clause 55 amends the Elections Act 2022 so that relatives and staff of candidates are a protected category for the purposes of hostility-based disqualification and related provisions, defining “relative” by reference to the Family Law Act 1996, and “staff” as people

“employed by or working under the direction”

of a candidate. Amendment 38 amends clause 71 of the Bill to include candidates’ relatives and staff in the list for the hostility aggravating factor.

I hope that the Minister and the Government will support those important provisions. If they do not, could the Minister please outline how the Bill as drafted already covers candidates’ relatives and staff, or what the justification is for leaving such a gap?

Ellie Chowns Portrait Dr Ellie Chowns (North Herefordshire) (Green)
- Hansard - - - Excerpts

It is a pleasure to serve under your chairship, Dame Siobhain. I rise briefly to say that I fully support these measures, which are clearly welcomed across all parties. I also support the comments of the hon. Member for Guildford in relation to extending the measures further, because by definition, anybody who is essentially associated with the political process is potentially subject to the hostility that we have discussed. Extending those protections is clearly important.

--- Later in debate ---
Ellie Chowns Portrait Dr Chowns
- Hansard - - - Excerpts

I tabled the new clause as a probing amendment, and I recognise that the Government have stated their intention to bring other amendments forward. I look forward to engaging constructively with the Government, not necessarily just in formal settings, on the specifics of the issues and concerns I raise. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 6

Overseas electors: postal ballots

“(1) RPA 1985 is amended as follows.

(2) After section (12) insert—

‘12A Overseas electors: postal ballots

(1) The Secretary of State must, by regulation, make provision regarding the casting of postal ballots by overseas electors.

(2) Any regulations made under subsection (1) must provide for overseas electors to be offered the ability—

(a) to request an electronic version of their ballot paper for elections to print using the elector’s own printing facilities; and

(b) in a relevant country, to return their completed ballot paper to a United Kingdom embassy, High Commission or consulate for onward delivery to the relevant returning officer by diplomatic mail to be counted.

(3) For the purposes of this section, “a relevant country” is one where the United Kingdom maintains an embassy, Hight Commission or consulate.

(4) Regulations made under subsection (1) may amend provision made by or under any other Act as necessary.

5) Any regulations made under this section must not be made unless a draft has been laid before and approved by resolution of each House of Parliament.’”— (Zöe Franklin.)

Brought up, and read the First time.

Zöe Franklin Portrait Zöe Franklin
- Hansard - -

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

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

New clause 7—Overseas electors: information on voter registration by the UK Passport Office

“The Secretary of State must, within six months of the passing of this Act, lay before Parliament a report containing proposals to require the UK Passport Office to provide information on voter registration to United Kingdom residents overseas when they—

(a) apply for a passport; or

(b) apply to renew their passport.”

New clause 8—Overseas electors: Review of feasibility of proposals for facilitating overseas ballots

“(1) Within six months of the passing of this Act, the Secretary of State must publish and lay before both Houses of Parliament a report on proposals for facilitating overseas electors to vote in parliamentary elections.

(2) The report must consider the feasibility of proposals for—

(a) the use of United Kingdom Embassies, High Commissions or consulates as if they were a polling station asset out in Schedule 1 of RPA1983;

(b) the digital transmission and printing of ballot papers;

(c) voting by telephone;

(d) secure electronic voting;

(e) changes to deadlines and practices as set out in Schedule 1 of RPA1983 to enable earlier despatch of ballots for overseas voters;

(f) informing overseas voters on early registration and voting options;

(g) extended proxy voting arrangements for overseas voters; and

(h) any other measures to improve the speed, accuracy and security of voting by overseas electors as the Secretary of State believes appropriate.

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

(a) overseas electors;

(b) electoral administrators;

(c) His Majesty’s Diplomatic Service; and

(d) such other persons as the Secretary of State believe appropriate.

(4) For the purpose of this section, an ‘overseas elector’ is a person who fulfils the requirements for an overseas elector in section 1 (extension of parliamentary franchise) of the RPA 1985.”

This new clause would require the Secretary of State to conduct feasibility studies on proposals to improve overseas voting, as recommended by the Public Administration and Constitutional Affairs Select Committee’s Second Report of Session 2024-6, Review of the 2024 general election.

New clause 42—Overseas electors: reform to voting process

“(1) The Secretary of State, must, by regulations, make provision to enable overseas voters to vote in person at a United Kingdom Embassy, High Commission or consulate at United Kingdom parliamentary elections.

(2) For the purpose of this section, an ‘overseas elector’ is a person who fulfils the requirements for an overseas elector in section 1 (extension of parliamentary franchise) of the RPA 1985.

(3) Regulations made under subsection (1) may amend provision made by or under any other Act as necessary.

(4) Any regulations made under this section must not be made unless a draft has been laid before and approved by resolution of each House of Parliament.”

This new clause would require the Secretary of State make provision by regulations so that overseas electors can vote in person at United Kingdom embassies, consulates and high commissions for United Kingdom parliamentary elections.

New clause 43—Electoral Register: British Nationals Abroad

“(1) The Secretary of State may, by regulations, introduce a system to give overseas electors the option to register to vote when they renew their British passport online.

(2) Any regulations made under subsection (1) must be made under the affirmative procedure.”

This new clause would allow the Secretary of State to regulate to introduce a system to allow overseas electors the ability to register to vote when they renew their passport online.

Amendment 3, in clause 80, page 100, line 35, at end insert—

“(ha) section (Overseas electors: Review of feasibility of proposals for facilitating overseas ballots)”

This amendment is consequential on NC8.

Zöe Franklin Portrait Zöe Franklin
- Hansard - -

New clause 6, tabled by my hon. Friend the Member for Newton Abbot (Martin Wrigley), picks up on the 2024 voting reforms that expanded eligibility for around 1.4 million to 3.4 million people—yet of those individuals, only 191,000 overseas voters are registered. I suggest that that is not a lack of interest in democracy, but a failure of the system to make voting workable for those living abroad. What that means practically is that the UK is now near the bottom internationally for how effectively it enables our overseas citizens to vote.

One of the core problems is postal voting, as it does not work reliably for those living overseas. According to the Electoral Commission, only 52% of overseas postal ballots arrive in time to be counted. Following conversations between my hon. Friend the Member for Newton Abbot and other organisations—we took evidence on this during the Committee evidence sessions—it is clear that overseas voters are seeking practical changes that would enable them to reliably cast their votes securely and more easily and reliably. The proposed new clause sets out methods for doing so, including secure downloading and printing of ballots and returning ballots to embassies and consulates. It is worth noting that such a system is already used in the Netherlands, New Zealand and Spain.

I turn to new clause 7. Another part of the problem for overseas voters is that they are simply not aware that they can register to vote or of how they can do so. One option, discussed in the Committee evidence sessions, is to provide an opportunity at the passport renewal and application stage, when they could be given this information. When a UK citizen applies for or renews a passport, they already provide proof of identity, their overseas address and their last UK address: everything needed for voter registration.

Voters should be simply prompted and given the option to register at that point. My hon. Friend the Member for Newton Abbot is not suggesting that they should be automatically registered, but given that the Bill seeks to roll out automatic voter registration and my hon. Friend has posed the question to the Government, providing an automatic moment to tell people they can register to vote and how to do so would be within the scope of the Bill and an opportunity the Bill could take.

I move on to new clause 8, tabled by my hon. Friend the Member for Henley and Thame (Freddie van Mierlo). New clause 8 and the associated amendment 3, which is consequential on the new clause and also tabled by my hon. Friend, would require the Secretary of State to conduct feasibility studies on improving overseas voting, as recommended by the Public Administration and Constitutional Affairs Committee’s Second Report of Session 2024–25 and its review of the general election. With over 3.5 million British citizens abroad eligible to vote, it is important for the Government to use this Bill as an opportunity to break down barriers to voting so that citizens can be fairly represented.

In the last general election, fewer citizens abroad were registered to vote than in 2019, in spite of an historic expansion of eligibility to vote following the scrapping of the 10-year rule. I have already outlined in my comments on the new clause tabled by my hon. Friend the Member for Newton Abbot that ballots can end up arriving too late for overseas citizens to be able to cast their votes, and proxies can be problematic to arrange if they no longer have contacts here in the UK to cast votes for them.

It is estimated that only 25% of citizens abroad know their rights and that they can vote, and only 48% of postal votes were returned; of course, the number varies slightly depending on which organisation we reference. I have already outlined that there are other countries with systems in place that enable their citizens overseas to cast their vote in an easier, secure and reliable way.

So far it appears the Government have been unwilling to take the steps necessary to make things easier for overseas voters. The new clauses are designed to ensure that the Government take steps to investigate how to make overseas voting easier for our constituents. Can the Minister outline whether the Government will support any of the new clauses in the name of my colleagues? If not, can she outline how the Government intend to ensure that overseas voters are able to cast their ballot in a safe, secure and reliable way?

Paul Holmes Portrait Paul Holmes
- Hansard - - - Excerpts

Forgive me, Dame Siobhain, but am I allowed to speak to new clauses 42 and 43?

--- Later in debate ---
Samantha Dixon Portrait Samantha Dixon
- Hansard - - - Excerpts

It is not true that the Government do not have an eagerness to resolve issues for overseas voters. They are legitimate voters who should be able to exercise their right to vote without unnecessary barriers, and we recognise the difficulties that they face in trying to participate. Many choose to vote by post, and improvements are being made in the Bill to the postal voting system, which should be beneficial to overseas voters.

The purpose of new clause 6 is to allow for overseas electors to print their own ballot paper. They would then be able to deliver their completed ballot to the relevant consulate, embassy or high commission, to then be delivered to the relevant returning officers via diplomatic mail. That process could allow overseas ballot papers to be posted earlier and reduce the chance that they arrive too late to be counted.

I have already put forward a range of measures in the Bill to improve the resilience and responsiveness of the postal voting system, including changes to deadlines to allow swifter printing and delivery of postal vote packs. The Government welcome suggestions on further improvements that we could make to our postal voting system, but unfortunately we cannot support this new clause. All ballot papers must be uniformly printed and contain security markings to ensure the secrecy of the ballot and prevent fraud. It would not be possible to replicate that consistently if ballot papers were printed on home printers.

New clause 7 relates to using engagement with the UK Passport Office as a means of encouraging UK citizens living overseas to register to vote. It would require the Secretary of State to lay a report before Parliament within six months of the passing of the Bill. The report would cover proposals requiring the UK Passport Office to provide UK citizens living overseas with information on voter registration for UK elections when they apply for a passport or renew their passport.

The Government are committed to improving electoral registration and are actively exploring ways to do so. We intend to explore and test a range of new, automated approaches that make better use of data and make the process easier and quicker for citizens. Separately to the Bill, we are exploring making better use of data that eligible citizens are already providing for other services, and helping to encourage people to register, vote or update their entries on the register. Our focus is on delivering on automated registration approaches, including those set out in the Bill, which allow us to improve voter registration for a greater range of electors.

The purpose of new clause 8 and amendment 3 is to require the Secretary of State to publish a report assessing a range of options to support postal voting for overseas electors. We always welcome feedback and new ideas about how we can improve any aspect of our electoral system, and I welcome the interest of the hon. Member for Guildford in this topic. As we have said, the Government recognise the challenges for those who live in remote areas overseas. However, I am afraid I do not believe that the costs of drafting and publishing this report could be justified.

Many of the proposals are frequently suggested and have been thoroughly considered already. Though it is possible that they could support the timely delivery of postal votes, they may come with considerable risks. For example, the use of online or telephone voting, or the digital transmission of ballot papers, would create unacceptable risks to the security and secrecy of those ballots. I note that the Bill already contains a number of measures specifically aimed at tackling those issues and improving the resilience and reliability of the postal voting system.

In particular, on the suggestion set out in subsection 2(e) of the new clause—that we should review deadlines and practices relating to the dispatching of postal ballots—the Government have already conducted a review on precisely that matter. The Bill will make a number of changes to improve the system, such as bringing forward the postal vote application deadline and formalising a postal vote determination date. I hope that Members will welcome and support those changes.

I now turn to new clauses 42 and 43 tabled by the Opposition. The purpose of new clause 42 is to require the Secretary of State to make a provision to enable overseas voters to vote in person at UK embassies, high commissions or consulates for parliamentary elections. The Government have considered the suggestion and feel it would be a significant logistical undertaking that would not yield sufficient benefits to overseas electors.

For example, embassies could need to run polling stations covering all 650 constituencies, and every returning officer would need to oversee the activity in every embassy. Each embassy would need to be equipped with all the relevant ballot papers, registers and other materials needed—and could need up to 650 variations of these. Any benefits of embassy voting would be limited to electors living close to diplomatic premises, and it is therefore difficult to justify the additional costs that would arise from the suggestion.

We have no plans to introduce such a system of voting. Instead, we are focused on improving the current systems for overseas electors—such as postal and proxy voting—so that they remain secure, reliable and accessible for everyone. There are a number of measures on postal and proxy voting in the Bill, and I hope Members will be supportive of them.

New clause 43 would introduce a power for the Secretary of State to make regulations to introduce a system to give overseas electors the option to register to vote when they renew their British passport online. The Government are committed to improving electoral registration and are actively exploring ways to do so. There are already existing powers that will allow us to explore and test a range of more automated approaches that involve integrating registering to vote with government services. They will make the process of voter registration easier and quicker for citizens. Our focus is on more automated registration methods that will benefit a greater range of electors.

Zöe Franklin Portrait Zöe Franklin
- Hansard - -

I thank the Minister for her comments, but I sadly remain unconvinced that we are addressing the significant problems that overseas voters are encountering when they seek to be involved with our democracy. They may live overseas, but they are still British citizens and deserve to be able to cast their vote. I will not press new clauses 6 and 7, in the name of my hon. Friend the Member for Newton Abbot, to a Division. However, I intend to press new clause 8 to a Division, if that is feasible, Dame Siobhain.

None Portrait The Chair
- Hansard -

Yes, it is.

Zöe Franklin Portrait Zöe Franklin
- Hansard - -

I beg to ask leave to withdraw to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 8

Overseas electors: Review of feasibility of proposals for facilitating overseas ballots

“(1) Within six months of the passing of this Act, the Secretary of State must publish and lay before both Houses of Parliament a report on proposals for facilitating overseas electors to vote in parliamentary elections.

(2) The report must consider the feasibility of proposals for—

(a) the use of United Kingdom Embassies, High Commissions or consulates as if they were a polling station asset out in Schedule 1 of RPA1983;

(b) the digital transmission and printing of ballot papers;

(c) voting by telephone;

(d) secure electronic voting;

(e) changes to deadlines and practices as set out in Schedule 1 of RPA1983 to enable earlier despatch of ballots for overseas voters;

(f) informing overseas voters on early registration and voting options;

(g) extended proxy voting arrangements for overseas voters; and

(h) any other measures to improve the speed, accuracy and security of voting by overseas electors as the Secretary of State believes appropriate.

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

(a) overseas electors;

(b) electoral administrators;

(c) His Majesty’s Diplomatic Service; and

(d) such other persons as the Secretary of State believe appropriate.

(4) For the purpose of this section, an “overseas elector” is a person who fulfils the requirements for an overseas elector in section 1 (extension of parliamentary franchise) of the RPA 1985.”.—(Zöe Franklin.)

This new clause would require the Secretary of State to conduct feasibility studies on proposals to improve overseas voting, as recommended by the Public Administration and Constitutional Affairs Select Committee’s Second Report of Session 2024-6, Review of the 2024 general election.

Brought up, and read the First time.

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