Representation of the People Bill (Eighth sitting)

Zöe Franklin Excerpts

Committee stage
Thursday 16th April 2026 Public Bill Committees

[Paul Holmes (Hamble Valley) (Con)]

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 (Guildford) (LD)]

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?

[Dr Ellie Chowns (North Herefordshire) (Green)]

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 ---

[Dr Chowns]

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]

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

[The Chair]

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]

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]

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

--- Later in debate ---

[Samantha Dixon]

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]

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.

[The Chair]

Yes, it is.

[Zöe Franklin]

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.