Representation of the People Bill (Fourth sitting)
(1 day, 14 hours ago)
Public Bill CommitteesRead Hansard Text Read Debate Ministerial Extracts
The Committee divided: - Ayes: 3 / Noes: 10 - Question accordingly negatived.
The Committee divided: - Ayes: 10 / Noes: 3 - Question accordingly agreed to.
The Committee divided: - Ayes: 3 / Noes: 10 - Question accordingly negatived.
The Committee divided: - Ayes: 10 / Noes: 3 - Question accordingly agreed to.
The Committee divided: - Ayes: 10 / Noes: 3 - Question accordingly agreed to.
The Committee divided: - Ayes: 10 / Noes: 3 - Question accordingly agreed to.
The Committee divided: - Ayes: 10 / Noes: 3 - Question accordingly agreed to.
The Committee divided: - Ayes: 10 / Noes: 3 - Question accordingly agreed to.
The Committee divided: - Ayes: 10 / Noes: 3 - Question accordingly agreed to.
The Committee divided: - Ayes: 10 / Noes: 3 - Question accordingly agreed to.
The Committee divided: - Ayes: 10 / Noes: 3 - Question accordingly agreed to.
The Committee divided: - Ayes: 10 / Noes: 3 - Question accordingly agreed to.
The Chair
I remind the Committee that with this we are considering clauses 8 to 14 stand part.
The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Samantha Dixon)
It is a pleasure to serve under your chairmanship, Dame Siobhain. I have covered clause 7, so if Members will indulge me, I will turn to clause 8.
Clause 8 sets out five specific circumstances in which the prohibitions put in place by clause 7 do not apply. The first circumstance in which the registration information of an individual under the age of 16 may be shared is if that disclosure is necessary for registration or the conduct of an election, referendum, recall petition or other poll. That simply allows electoral administrators to carry out their work.
An example in action would be an electoral registration officer using the data of a 14 or 15-year-old to conduct the annual canvass. The canvass would help ensure that the young person in question is still accurately registered at the address electoral administrators have on file. Another illustration of the purpose of this provision would relate to the preparation of a poll. For example, clerks at polling stations must have an extract of the electoral register for electors who will vote at that polling station. There may be circumstances in which that extract is prepared in advance of polling day, and this provision allows it to include individuals who will turn 16 on polling day, but who at the moment of the preparation of the extract are still 15.
The second circumstance provides that the registration information of an individual under the age of 16 may be shared in accordance with one of a limited number of supply enactments—specifically, those listed in clause 11. A supply enactment is a provision to allow either the entire register or the relevant part of the register to be supplied to a certain individual or organisation. The specific supply enactments where the disclosure of the registration information of under-16s is permitted are listed in clause 11, and as such I will discuss them in detail during the debate on clause 11.
However, this clause applies two crucial limits on disclosure of the registration information of 14 and 15-year-olds as part of a relevant supply enactment, as I will now explain. First, disclosure under a relevant supply enactment may be made only for purposes relating to an election at which a given person will be entitled to vote. That will allow the information of individuals under the age of 16 to be protected, while also allowing individuals who will be old enough to vote in specific polls to be included in campaigning activities relating to that poll. For example, it will allow 15-year-olds who will be 16 in time for a given poll to be sent campaigning materials relating to that poll.
Secondly, there is a limit on disclosure under relevant supply enactments that requires that such disclosures must not contain information that would allow the date of birth of the young person in question to be learned. That provides an extra safeguard against the disclosure of any information about young people that is not absolutely necessary for the legitimate activities in question. For example, candidates have no need to know the exact age of a young person beyond the fact that they will be 16 on the date of a poll, so they will not receive such information.
The third circumstance in which the registration information of under-16s may be disclosed under clause 8 is where such information is necessary for the purpose of a criminal investigation relating to an electoral offence. The provisions in the Bill prevent under-16s from being fined for failing to register to vote, but there are other electoral offences that rightly apply regardless of age group. Those include offences such as a fraudulent application to register to vote, or the offence of personation, where someone attempts to steal another’s vote. Such serious offences should be investigated no matter who commits them, and this clause allows for those criminal investigations to take place unimpeded.
Paul Holmes (Hamble Valley) (Con)
The Minister outlined the criminal charge of personation. Does she think that watering down photographic ID and using bank cards for identification will make it easier or harder for someone to be convicted of electoral personation?
Samantha Dixon
I thank the hon. Gentleman for his question, but I will return to that point when we debate the relevant clauses.
Samantha Dixon
The fourth circumstance allows the registration information of 14 and 15-year-olds to be disclosed to MI5, MI6 and GCHQ. That is the extension of a standard provision allowing our intelligence agencies to use electoral registration data, if necessary.
The final circumstance allows the registration information of an under-16 to be shared with an individual who has been appointed to act as that young person’s proxy voter. I am sure it is obvious that such information sharing is naturally helpful to allow the proxy voter to carry out their role.
It is important to note that three of the five circumstances in which clause 8 permits disclosure of information have further restrictions placed on them by clause 12, which I will discuss in detail shortly. Furthermore, the relevant supply enactments—the fourth circumstance—already contain restrictions on use and further disclosure. Overall, the Government consider these exceptions to the prohibition to be appropriate and proportionate in allowing young people’s registration information to be shared when, and only when, absolutely necessary.
Clause 9 provides for the way in which the data of 14 and 15-year-olds should be handled in Scotland and Wales, where the UK Government have responsibility for UK parliamentary elections, but the Scottish and Welsh Governments have devolved responsibility for local elections and elections to the Scottish Parliament and Senedd Cymru. Where individuals in Scotland and Wales are eligible to take part in both reserved and devolved polls, their electoral records are held by electoral registration officers on a combined register.
That is a very sensible and efficient approach to managing electoral registers, but in the context of the data protection provisions put in place by clauses 8 to 16, that approach presents a challenge—namely, what should happen if devolved legislation prohibits an entry from being disclosed, but reserved legislation allows it? The Government are committed to upholding and respecting our devolution settlements, and the clause is designed to do exactly that. Devolved electoral registers and reserved electoral registers should be considered to be separate in principle. It is only a matter of practice that they happen to be held in one place.
Clause 9 provides that, where electoral registration information is held in a combined register, if clause 7 of the Bill prohibits the disclosure of information, but devolved legislation allows it, disclosure of that information is permitted. The clause also provides that if both devolved and reserved legislation permit disclosure, but only devolved legislation places restrictions on the use of that data—for example, a restriction on its onward disclosure—those restrictions do apply. The clause strikes an appropriate balance between protecting the information of those who have not yet reached voting age, and respecting the rightful responsibility that the Scottish and Welsh Governments have over their devolved elections.
I turn now to clause 10, which is a mirror image of clause 9. Whereas clause 9 ensures that the Bill works with and does not conflict with devolved legislation, clause 10 is designed to ensure that devolved legislation does not conflict with this legislation. Specifically, clause 10 provides that, where electoral registration information is held in a combined register, if relevant parts of devolved legislation prohibit disclosure of information, but clause 7 of the Bill allows it, disclosure of that information is permitted. The clause also provides that, if both devolved and reserved legislation permit disclosure, but only reserved legislation places restrictions on the use of that data—for example, a restriction on its onward disclosure—those restrictions do apply.
Taken together, clauses 9 and 10 accommodate and respect the importance of devolved responsibility, while equally ensuring that the UK Government are not constrained by the policy decisions made by the devolved Governments when legislating for our own elections.
I turn now to clause 11, which is a further part of the package of measures in the Bill designed to protect the information of 14 and 15-year-olds who register to vote ahead of reaching voting age. Specifically, clause 11 builds on clause 8, which sets out five circumstances in which the prohibition put in place by clause 7 on sharing the registration information of those under the age of 16 does not apply. Members will recall that the second circumstance listed in clause 8 provided that the registration information of an individual under the age of 16 may be shared to comply with one of a limited number of supply enactments. Clause 11 lists four supply enactments, which I will list shortly.
Before I do, it is important to note that there are already restrictions on what individuals who receive information via a supply enactment may do with that information. I also remind hon. Members of the two strict limitations that clause 8 puts on disclosure under these supply enactments. First, disclosure under a supply enactment listed in clause 11 may be made only for purposes relating to an election, referendum or recall petition at which a given person will be entitled to vote or sign. That will allow information of individuals under the age of 16 to be protected, while also allowing individuals who will be old enough to vote in specific polls to be included in campaigning activities related to that poll. Secondly, disclosure under a supply enactment listed in the clause must not contain information that would allow the date of birth of the young person in question to be learned.
Noting those key restrictions, I will now talk through the four types of supply enactment under which the registration information of an individual under the age of 16 may be shared. The first allows records of postal and proxy voters under 16 to be shared on request with a candidate. The second allows information of individuals under 16 to be shared with the Electoral Commission. The third allows information of individuals under 16 to be shared with the Boundary Commission.
The fourth allows information of individuals under 16 to be shared with candidates upon request or, in respect of the recall of an MP, that MP, political parties and official campaigners. Noting again the important restrictions placed on disclosure in these circumstances by clause 8, these provisions make it possible for individuals who are not yet of voting age, but who will be on the actual day of a specific poll, to be appropriately involved in the electoral process in the run-up to that election.
Lewis Cocking (Broxbourne) (Con)
Is the Minister confident that when we collect all this data, and the Boundary Commission and Electoral Commission get it, they will be able to analyse it to make sure that all constituencies at the next general election fall within their parameters for how many electors each MP needs to represent, to make sure that none is too far outside that boundary?
Samantha Dixon
Yes, I am confident that the Electoral Commission will be able to perform that task, and I am sure that we will come back to those issues during line-by-line scrutiny.
As with the other clauses in this part of the Bill, the provisions maintain close protection on the data of 14 and 15-year-olds, allowing disclosure of that information only when absolutely necessary and appropriate.
Let me turn now to clause 12. In my explanation of clause 8, which provides for five circumstances in which the disclosure of under-16s’ information is permitted, I noted that clause 12 places further restrictions on three of those circumstances. Those restrictions apply to the following circumstances where clause 8 allows disclosure of information. The first is where information is sent to someone for the purposes of electoral registration or conduct duties. The second is where information is sent to someone for the purposes of criminal investigation into an electoral offence. The third is where information is sent to a person who has been nominated as that elector’s proxy.
Where information has been shared in one of those three circumstances, the clause prevents the person who receives it from passing it on to anyone else. The clause also provides that someone who passes the information on to another person in one of those circumstances is guilty of a criminal offence punishable by a fine. As with the five clauses that precede it, clause 12 serves to ensure that the personal information of 14 and 15-year-olds is accessed and shared only when doing so is necessary and justified.
Clause 13 is the penultimate clause in the group, which I am sure Members are glad to hear. The purpose of the clause is to provide flexibility in the regime that provides these protections, by making it possible for regulations to be made to adjust the protections. That might become necessary, for example, if new types of election or referenda are created in future, which might necessitate new groups having access to the data. Given the number and variety of changes the Bill proposes to our electoral system, such flexibility is simply good planning and avoids the risk of needing an emergency Bill to be rushed through Parliament should changes be needed. I immediately reassure hon. Members, however, that the scope of the power created by the clause is carefully limited and subject to important scrutiny requirements, as one would expect.
The regulations that may be made using the power in the clause can be divided into five types. First, the power may be used to permit the disclosure of the electoral registration information of under-16s to additional recipients beyond those provided for in clauses 8, 9 and 11. Secondly, it may be used to set out the purposes for which such information, once shared, may be used, and to attach further restrictions. Such restrictions may include whether that information can be shared with further parties.
Thirdly, the power may be used to amend clauses 7, 8, 9, 11, 12 and 14. However, the amendments that may be made are subject to restrictions, which I will come to shortly. Fourthly, it may be used to create new offences relating to the disclosure of 14 and 15-year-olds’ electoral registration information, which are punishable by a fine, but not imprisonment. Fifthly, it may be used to apply the same restrictions that apply to disclosure by registration officers and those who currently assist them to any new categories of person who might be involved with the preparation of electoral registers and lists.
Three important restrictions are placed on that power, ensuring that the flexibility it provides to ensure our electoral system remains fit for purpose as times change does not come at the cost of appropriate scrutiny. The first and most important restriction is that although the types of information protected by clause 7 may be added to using this power, the categories of protected information cannot be reduced from what is in the Bill at the point it becomes law. That ensures that the type of data protected by this clause cannot be chipped away.
Secondly, before this power is used, the Secretary of State must consult the Electoral Commission and anyone else that the Secretary of State feels is appropriate. Finally, regulations exercising this power are subject to the affirmative parliamentary procedure. I hope hon. Members will agree that the regulation-making power that this clause will create strikes the appropriate balance between appropriate legislative scrutiny and crucial flexibility to allow our electoral system to respond to external changes.
Clause 14 is an interpretation clause. It simply serves to define terms used in clauses 7 to 13. None of the definitions presented in this clause is unusual or controversial. They include terms such as “voters register”, “local government election” and “recall petition” and are included simply to provide clarity and precision to the previous seven clauses of this Bill. I commend the clauses to the Committee.
Paul Holmes
It is a pleasure to serve under your chairmanship, Dame Siobhain. I thank the Minister for giving us an extensive and very in-depth description of what those technical clauses—7 to 14—outline. I cannot claim to do those clauses credit in the way the Minister has. I will just briefly ask a number of questions on those technical clauses and then resume my seat—which I am sure many Members will be pleased to hear.
The Minister has outlined these various technical clauses, and the Opposition are not concerned that they might be controversial. As I said earlier, the issue of principle rather than pragmatism in re-engineering a system to where we basically currently are to cover the people that are being enfranchised is not controversial. However, there is a slight complication that could come out of some of these changes relating to overseas voters. We know that they are not really catered for in the Bill.
We heard a lot of evidence in the Bill Committee that a number of overseas voters are essentially disenfranchised. Looking at younger overseas voters and the precepts of these clauses applying to 14 and 15-year-olds, in some countries there may be a social media ban, for example. Similarly, in some countries it would not be easy for a candidate to access the information of people who will be eligible to vote at 16, but who are not covered by these clauses for the preparation at 14 and 15. Opposition Members would argue that this could have unintended consequences for a candidate’s ability to secure that data and approach those people as if they were living within the United Kingdom. I ask the Minister to reflect on that and whether it would be, not dangerous, but an added disincentive for an overseas voter to engage and vote within the British or UK political process.
On clause 13, as with various other Bills that the Government have put forward, I am concerned by the House’s affirmative procedure giving the Minister or the Secretary of State a huge amount of power to unilaterally bring in changes. I do not think that it makes for good democracy or scrutiny of legislation. We discussed this countless times during the Committee of the Planning and Infrastructure Bill, where the Secretary of State will be given the power to make a decision through the affirmative procedure via secondary legislation, and individual Members of this House across all parties—but especially minor parties—cannot scrutinise that legislation in the way in which they should be able to. We all know how statutory instruments work in this place. Those Committees are probably among the briefer meetings that Members in this House have.
The Minister needs to reflect on the fact that the scrutiny and delivery of many of this Government’s pieces of legislation has not always achieved the right balance or tipped the scales in the right way. Members should have the opportunity to scrutinise properly and make changes to secondary legislation that the Secretary of State is empowered to bring. I ask her to look at that again and consider whether there is a better way. I understand the need to consult the Electoral Commission, but it is this place that makes the legislation and it is this place that should approve that legislation in a proper and thorough manner. I do not think that making the secondary legislation subject to the affirmative procedure is the right way to go.
However, we will not oppose any of the clauses, which, as Members can tell by my varied and wide-ranging speech, are very technical. I hope that the Minister will address my questions.
Samantha Dixon
I note the concerns of the hon. Member for Hamble Valley. We are not proposing changes to the voting rights of overseas electors, but I note the complexity around the handling of the attainers situation. None the less, electoral registration officers currently handle overseas voter attainers quite effectively, so we can be confident that, using the guidance from the Electoral Commission, they will continue to be able to do so.
On the powers that clause 13 may introduce in the future, if we look at the legislation that has been introduced over time—including during those dark periods of history before we were all elected—we can tell that our democratic system changes. This clause will address changes that we have not yet envisaged; if we had, believe me, they would be on the face of the Bill.
Question put and agreed to.
Clause 7 accordingly ordered to stand part of the Bill.
Clauses 8 to 14 ordered to stand part of the Bill.
Clause 15
Duty to raise awareness and provide assistance: Great Britain
Question proposed, That the clause stand part of the Bill.
The Chair
With this, it will be convenient to discuss the following:
Clause 16 stand part.
New clause 44—Report on proposals to support the extension of the franchise to 16- and 17- year-olds—
“(1) The Secretary of State must, within 12 months of the passing of this Act, publish a report on proposals to support the extension of the franchise to 16- and 17- year-olds under this Act.
(2) The report published under subsection (1) must include consideration of proposals to—
(a) promote awareness among relevant persons of the extension of the franchise; and
(b) make any necessary changes required to strengthen civic education in schools and educational settings available to relevant persons.
(3) For the purposes of this section, relevant persons are children and young people who—
(a) are enfranchised as a result of section (1) of this Act; or
(b) are entitled to be registered as a parliamentary or local government elector before reaching voting age as a result of section (3) of this Act.
(4) The Secretary of State must lay the report before both Houses of Parliament.”
This new clause requires the Government to report on proposals to support the extension of the franchise to 16 and 17 year olds, through promoting awareness or making changes required to strengthen civic education.
Samantha Dixon
Before I begin, I want to respond to an important point that the hon. Member for Ruislip, Northwood and Pinner raised earlier today in the debate on clause 2. It was in relation to ensuring that young people in secure children’s homes are supported to access their rights to vote. I committed to answering that point, and am happy to do so now. It is important to note that such individuals will be able to apply to vote by post. Of course, individuals in such circumstances may find it confusing or complex to use the electoral process for the first time. These next two clauses, which were designed in close collaboration with the Department for Education, will provide support for individuals who are in precisely the circumstances set out by the hon. Member.
Clause 15 will ensure that a crucial layer of support is provided by local authorities to young people who may particularly benefit from assistance when registering to vote. This clause creates a twofold duty for local authorities in Great Britain with regard to certain young people. They must both raise awareness of the arrangements for registration as a UK parliamentary elector and provide assistance to register as a parliamentary elector. The young people who will benefit from this duty are those who are looked after by the local authority, or those who are eligible for continuing care from a local authority. The latter group are sometimes referred to as care leavers.
David Simmonds (Ruislip, Northwood and Pinner) (Con)
I am grateful to the Minister for her explanation in response to my earlier questions. Clause 15 says that a local authority
“must take the steps the authority considers necessary”.
One of the challenges with that is that young people will be placed in different areas of the country. The Bill gives rise to the possibility of significant inconsistency. One local authority may take the view that there need to be special arrangements for the young person to be taken to the polling station to cast their vote, or that particular arrangements are necessary for a postal vote to be exercised by someone whose station is further afield. Another authority may take the view that simply giving them a briefing note explaining it would be sufficient. Both of those sound like they would meet the test set out within the Bill.
Can the Minister set out what guidance there may be, either from her Department or from the Department for Education, to ensure that there is a degree of consistency, so that there is equality of access for young people in the care system? That is especially important where the placement they may be in is effectively controlled by a third party. For example, how will there be appropriate measures in place to ensure that a young person in foster care—particularly given the “Staying Put” policy introduced with cross-party support by the last Government, which enables those young people to stay as care leavers with a family with whom they have been fostered—has an equality and consistency of access to both the registration process and the physical ability to cast their vote?
Samantha Dixon
The Government are committed to ensuring that everyone who is entitled to vote should be able, encouraged and supported to do so. Different authorities will have different approaches that will arise in different circumstances. Our provisions allow local authorities to take the most suitable approach when assisting people to get on the register. To address the concerns raised by the hon. Member for Ruislip, Northwood and Pinner, while the guidance will be national, the application will be appropriate to local circumstances.
Paul Holmes
As we have heard, the clause establishes a duty for local authorities in Great Britain to raise awareness and provide assistance to certain young people— particularly those who are looked after by the local authority, and those who are eligible for continuing care—in registering to vote. While the intention to support young voters is commendable, we believe that the clause has several limitations. Not only is its scope narrowly defined, but it is also vaguely defined by the words “raise awareness” and “provide assistance”. Notwithstanding what has been said by my hon. Friend the Member for Ruislip, Northwood and Pinner, I want to expand on that ever so slightly.
As the clause is narrowly defined, it excludes other groups that may face barriers to registration, such as the homeless youth, young carers or those in unstable housing. The clause places significant responsibility on local authorities to determine and implement the steps necessary to fulfil the duty. While this should not be a requirement in legislation, there has also not been any signal or indication from Ministers of any Department that additional funding, staffing or guidance has been considered, which risks creating an inconsistent application process across different areas.
As my hon. Friend the Member for Ruislip, Northwood and Pinner mentioned earlier, we have both been lead members for children and young people’s services. It is not insulting to hard-working local authorities, lead members and officers across the country to say that there can be varying interpretations of the legal duties placed on them—whether they relate to vulnerable people in care or local authority children’s homes. Can the Minister provide reassurance that she will ensure that local authorities across the country will follow a universal interpretation? Due to the narrow scope of the people that the clause identifies, as well as the quite vague language of “provide assistance” and “raise awareness”, it risks creating a patchwork quilt across the UK and a variation in interpretation, which needs to be tightened up.
The Opposition are not opposed to the clause; it is admirable and does what is necessary. However, it needs to be tighter so that people responsible for implementing this legislation can do so in the best way possible, notwithstanding the fact that council and local authority officers dealing with young people do so every day throughout the country.
The limited resources may struggle to reach all eligible young people, particularly those who move between authority areas, or who are placed outside their home authority for extended periods. Additionally, the clause does not include measurable targets or deadlines, making it difficult to assess the effectiveness of awareness-raising and assistance efforts. Finally, the type of support provided is narrowly focused on registration itself, and does not address broader barriers, such as literacy, digital access or understanding of the electoral process. The geographical limitation of the clause to Great Britain also creates inconsistencies across the UK.
Overall, while clause 15 represents a positive step towards increasing voter registration—I hope the Minister will speak later about raising awareness and enabling younger people through the education system—it focuses only on registration of vulnerable young people. Its narrow scope, reliance on local authority capacity and clear lack of performance measures may limit its practical impact. I am looking for some reassurance from the Minister that those issues have been looked at, and I hope she can alleviate some of the Opposition’s concerns.
Lisa Smart (Hazel Grove) (LD)
It is a pleasure to serve with you in the chair, Dame Siobhain. The Liberal Democrats support clauses 15 and 16. I will speak to new clause 44, in the name of my hon. Friend the Member for Guildford. Her explanatory statement is clear that it
“requires the Government to report on proposals to support the extension of the franchise to 16 and 17 year olds, through promoting awareness or making changes required to strengthen civic education”.
Both the hon. Members for Hamble Valley and for Ruislip, Northwood and Pinner made some good points about ensuring there is not the postcode lottery that we are in danger of. I look forward to their support for this new clause.
As I said earlier, the Liberal Democrats are strongly in favour of votes at 16 but enfranchisement must be meaningful. Not only does the Bill make provisions for votes at 16 and 17, but it allows for pre-registration on the electoral roll from age 14. We rightly support that, but if we are asking teenagers to enter the democratic system at that age, we must consider how we support these young people to be properly informed and prepared.
New clause 44 is modest. It does not delay enfranchisement or obstruct the Bill. It simply asks the Secretary of State to report within 12 months on how the extension of the franchise will be supported in practice. Civic education should never mean telling young people what to think. We want our young people to understand institutions and elections and to have media and democratic literacy. We need a joined-up strategy because we do not want a postcode lottery for civic education. Some schools and local authorities may do civic education really well and others may not. Young people across the country should not have significantly different levels of preparation for participation, depending on where they happen to live or study. I would include those who are in the care of a local authority very strongly in that. National enfranchisement reform deserves a national implementation plan. In the modern world, media literacy is very important alongside basic democratic literacy.
The Bill already recognises that practical support matters. Clauses 15 and 16 are important because they make clear that simply extending a legal right is not in itself enough. Placing duties on public bodies to raise awareness of voting rights and to assist certain young people with registration is a welcome step, and we support that principle. But if we are to create a new franchise, it is right to think about whether those who are newly franchised are able to exercise it. That is why new clause 44 is reasonable—it follows that principle.
Clauses 15 and 16 are welcome, and we recognise the necessity of targeting relevant young people, but it is yet to be determined which part of the system will take the lead on preparing young people for participation—schools, local authorities or national bodies. The new clause asks the Government to set out in much more detail how that responsibility will be approached.
Dr Ellie Chowns (North Herefordshire) (Green)
It is a pleasure to speak with you in the chair, Dame Siobhain. I rise to speak briefly in support of new clause 44, which, as the hon. Member has set out, is a very reasonable and modest proposal. As I said, I very strongly support the extension of the franchise to 16 and 17-year-olds, but it is crucial that investment in developing political literacy and supporting civic education goes alongside that. That is a message I have heard from young people themselves; from those who have come to Parliament to campaign for this, and those in my constituency who have also called for this.
I strongly urge Ministers to make sure they take this crucial opportunity to invest in developing trusted and accessible spaces where young people can explore political ideas, through the formal education system and other structures and spaces that work with young people. The role of youth organisations and youth workers in supporting democratic participation is crucial to remember.
We need to do everything possible to build young people’s confidence in navigating democratic processes and in forming their own political ideas. We need to give them support in navigating an increasingly complex political landscape of political information, misinformation and disinformation. That civic education part is a crucial component of, and complement to, the extension of the franchise itself. New clause 44 absolutely strikes the right balance here. This is not about delaying the extension of the franchise. It is simply about saying, on the face of the Bill, that we recognise the importance of civic education alongside the extension of the franchise, and that we ensure there is transparency and sufficient attention given to developing that.
Samantha Dixon
New clause 44, tabled by the hon. Member for Guildford, would require the Government to publish a report regarding steps to support the implementation of the extension of the franchise to 16 and 17-year-olds, discussed on Second Reading. The report would cover proposals to increase awareness of the franchise change among 14 to 17-year-olds and changes to civic education for that age group, to support the franchise change. That report would be required to be published within 12 months of this Bill becoming an Act.
As the Secretary of State said on Second Reading, extending the franchise is not simply “job done”. The Government are clear that young people must be supported and prepared to exercise their democratic rights. The new clause was clearly designed to ensure that the Government are as good as their word on this point, and it is excellent to see that hon. Members share our view on the importance of effective democratic engagement and education in delivering votes at 16. However, while the intention of the new clause is laudable, the Government do not believe that this is the right way to approach it.
On the part of the new clause concerning voter awareness, the Government will be playing an active role in this space, but will not be the only organisation to do so. The Electoral Commission, local and devolved governments, the electoral sector and civil society organisations will all be part of a team effort to spread awareness. A report from the Government on their proposals would be a partial picture at best. It would also not be right for the Government to speak on behalf of other organisations’ plans, particularly those from the Electoral Commission, whose independence from the Government is crucial.
Regarding the education-related limb of the new clause, last November the Department for Education committed to making citizenship compulsory in primary schools and to publish revised programmes of study to ensure all pupils receive a grounding in topics including democracy, government and law. It is for the Department for Education to lead this work; I have worked alongside colleagues in the Department, and I know they will be diligent in providing updates on the progress of its work.
Dr Chowns
I am sorry; I may have misunderstood, but is the Minister arguing that she does not support new clause 44 because a range of organisations will be taking part in action to raise awareness of the extended franchise and, therefore, it would not be right for the Government to provide a report only on what they were doing? That is not my reading of new clause 44, which asks the Government to do a report on proposals overall to support raising awareness and civic education. By definition, the Government are probably best placed to have that overview of all proposals, including their own, and those of the Electoral Commission and any number of other organisations, so that we can understand what is being done to support young people as they take on this new democratic responsibility.
Samantha Dixon
The Government’s view is that such a report would be partial; it would only cover the work that the Government are doing and we could not speak to other organisations and their work in this arena.
Dr Chowns
My reading of the clause is that it does not have to be partial: it calls for a report on all proposals. Therefore, perhaps the Government’s interpretation of the new clause is unnecessarily narrow. Might the Minister commit to going away and reflecting on whether this could actually be compatible and a helpful contribution to supporting the civic education of young people?
Samantha Dixon
This endeavour is an ongoing task; it is not a single point in time, which is what a report would reflect upon. The Government will move forward in partnership across the wide sector in public life, to continue to improve the education of young people. For that reason, we do not feel that the new clause is necessary.
Paul Holmes
I am pretty agnostic about new clause 44 because I think it is quite vague, but I understand the reason it has been tabled. Earlier I outlined a concern that I do not believe the education system is quite yet able to make sure that our younger people get the education that they should have before they vote in a national election, notwithstanding the fact that the education system needs to be impartial.
The Minister will know that some types of schools, such as academies, are not necessarily subject to the national curriculum. The legislation in these clauses is quite vague, as I mentioned. I am not sure that there is concrete action from the Minister’s Department and from the Department for Education on a cross-ministerial committee or something, to make sure that the two sides are being matched up to implement this legislation.
Will the Minister try to allay some of my concerns, and those of other hon. Members—perhaps the Liberal Democrat spokesperson, the hon. Member for Hazel Grove, and the hon. Member for Guildford, who tabled the new clause—about whether the education system will be well equipped, and whether all schools are going to be required to prepare young people for the new duty that they are going to be given?
Samantha Dixon
Yes, I can offer hon. Members that reassurance. I have worked with DFE colleagues to consider the independent curriculum and assessment review. That review will take onboard democracy, government and law being part of the curriculum going forward. As I mentioned, citizenship will also be introduced in primary schools. As we go forward, the wide collaboration of not just this Government but devolved Governments, local authorities and others will support schools, colleges and youth groups to roll out practical civic education. I mentioned that this is not a singular act but an ongoing task. A report of a proposed activity offered a year after the Bill becomes law will be little more than a snapshot of a much longer-term programme of work. For that reason, the Government do not support the new clause.
Lisa Smart
I very much welcome the Minister’s comments about how we need a whole-of-society approach to ensuring that young people are equipped to exercise their right to vote. She talked about devolved Administrations, schools and others. There are non-governmental organisations and charities working on that approach: Shout Out UK and My Life My Say are two really good examples.
The Minister is right that this is an ongoing process, but the extension of the franchise will be a one-off. There will be a single point in time when the franchise is extended to 16 and 17-year-olds. The new clause, which would provide for a report after 12 months, has been tabled to ensure that the necessary work is done to look at what has happened and what needs to happen to make sure that our young people are properly equipped and empowered to use their vote.
Samantha Dixon
I accept that the hon. Member has a deep appreciation of civic education. However, we feel that a report after 12 months adds little value to the ongoing work that needs to continue over a number of years and a whole cycle of electoral events.
Samantha Dixon
I do not think that I would because it would be a bureaucratic exercise, whereas the work needs to focus outwards. The scrutiny will come from within Parliament, and from within devolved Governments, so I will not accept the new clause as it stands.
Samantha Dixon
I was going to come to the points the hon. Gentleman had raised.
Paul Holmes
I want to add another one, if that is possible. The Minister is being most generous, and she has shown utter determination not to accept new clause 44. Does she think there is merit in reviewing how this new enfranchisement will work, perhaps through existing mechanisms when there is a review of how a general election has been conducted? I know that is not every year, but when organisations look at voting and participation rates and attitude surveys at or after a general election, is there an opportunity to legislate for a review, at the end of each Parliament or the start of a new one, into the attitudes and voting habits of those new electors, as part of a wider review of behaviour in the last general election?
Samantha Dixon
With respect to hon. Members who are clearly thinking on their feet as we debate this issue, I point out that a review of every general election is done by the Electoral Commission. The Electoral Commission is accountable to Parliament. As it has been involved in this Bill and the legislation that falls from it, I am sure that it will be particularly interested in this approach to the extension of enfranchisement.
Finally, I turn to the hon. Member for Hamble Valley’s point regarding children in care and care leavers. I am pleased to join Opposition Members in declaring I was as a former council leader with corporate responsibility for young people in local authority care. I am acutely aware of their needs and the additional support they require. I have worked with council officers who routinely assist young people, particularly care leavers, in registering to vote and supporting them in the appropriate way as they do vote. I feel that electoral registration officers, with their unique roles within local authorities, will amply be able to support looked-after children and care leavers to exercise their right to vote. With that, I commend the clause to the Committee.
Question put and agreed to.
Clause 15 accordingly ordered to stand part of the Bill.
Clause 16 ordered to stand part of the Bill.
Clause 17
Registration without an application
Paul Holmes (Hamble Valley) (Con)
I beg to move amendment 26, in clause 17, page 23, line 23, at end insert—
“(f) if the person’s existence has been properly verified using three separate datasets used for national and local data matching.”
This amendment requires the registration officer to register certain electors only when their existence has been verified through three different datasets.
The Chair
With this it will be convenient to discuss the following:
Clause stand part.
Clauses 18 and 19 stand part.
Schedule 2.
Amendment 27, in clause 80, page 100, line 15, at end insert—
“(1A) Sections 17, 18 and 19 of this Act do not come into force until the Secretary of State has published an independent review into the steps necessary to avoid non-qualifying EU or Commonwealth voters incorrectly being automatically added to the electoral roll.”
This amendment would prevent the provisions on automatic voter registration coming into force until the Secretary of State had published an independent review of the steps necessary to avoid non-qualifying EU or Commonwealth voters being incorrectly automatically added to the electoral roll.
Paul Holmes
I put on record my thanks to the officials in the Box for making that last set of amendments discussable, because they were so technical. We had an interesting debate, none the less.
We come to the crucial clauses that relate to automatic voter registration. I will speak on behalf of the official Opposition to amendments 26 and 27, which stand in my name. Automatic registration, which has been a clear aim of this Government from the beginning, would contradict the whole approach behind individual electoral registration—that individuals are responsible for registering and that there should be proper checks to ensure that the right people are eligible to be on the electoral roll. Automatic registration will result in more inaccurate entries and opens the door to electoral fraud, undoing the improvements delivered by individual registration.
Individual registration was implemented to stop fraudulent electoral registration, to ensure a more accurate register with fewer errors, and to remove the outdated concept that heads of household, often men, could decide who should be on the electoral roll. We argue that automatic registration would undermine those reforms. Automatic voter registration would lead to less accurate electoral registers, especially of people who have moved recently. Registration by algorithm may add people to electoral rolls who do not live in the area because of out-of-date entries on other databases; it might also add people who have a residence but are not eligible to vote, such as certain second home owners, unqualified Commonwealth voters and so on.
Lewis Cocking
It is a pleasure to serve with you in the Chair, Dame Siobhain. I support Opposition amendments 26 and 27 in the name of my hon. Friend the Member for Hamble Valley, but I want to outline my concerns about automatic voter registration.
I think the way electors currently register themselves to vote is perfectly fine and works well across the United Kingdom, but if the Government are to push forward with automatic voter registration, they must make sure it happens all across the country at the same time for the same general election; otherwise there will be serious consequences. For example, I have two councils—Broxbourne and East Hertfordshire—that are in charge of their own electoral rolls for their own council area, but both cover my constituency. Let us say that Ministers decide to do auto-enrolment by council area, and that one of my council areas gets picked, but the other one does not. In a general election campaign, some of my electors would have been automatically enrolled and some not. That will matter. If the election is close, can that be challenged in the courts? Is it fair in a democracy? I do not think Ministers have thought through that automatic voter registration needs to happen everywhere at the same time.
The Government could say they will have pilot areas of automatic voter registration on the basis of council elections, and have automatic voter registration across a whole district for its council election, but not in the neighbouring district for its council election. That would be perfectly fair, because everybody within the same council boundary would be on the same electoral list and have the same rights to vote as everybody else. Unless this all happens at the same time for the next general election, there is a real danger of creating two groups of electors across the country.
As has been mentioned, this will affect the next boundary commission review, which is due to take place after the next general election. There will be some constituencies where auto-enrolment has happened and some where it has not, which will affect where the boundary commission draws the lines for the general election after next.
Sam Rushworth (Bishop Auckland) (Lab)
I am not trying to trip the hon. Gentleman up; I am just genuinely curious to understand this. Is his contention that having mandatory automatic enrolment will increase the number of people who are registered? [Interruption.] I see the shadow Minister shaking his head. If that is not the contention, and it is not the case that auto-enrolment would increase the number of people being registered, in what sense does the hon. Member for Broxbourne think that this would create two different populations?
Lewis Cocking
Some people will be automatically enrolled who have chosen, under the current system, not to be on the electoral roll, but it is a question of fairness. If we are not having that across the country, all at the same time, it will create an unfair election result. As I understand it, it will be up to Ministers to choose whether they do it by age, by location or by demographic. If everyone is not enrolled at the same time, one could arguably gerrymander, because one could pick people based on who they are likely to vote for at the general election.
I do not think we need automatic enrolment, but if the Government are going to push forward with it, they could at least say, “We are going to make the next generation fair in terms of auto-enrolment, and we are going to do it for everybody, all at the same time, across the country for the next general election.” If the Government are worried about capacity to do that, I suggest that what is needed is more time. The Electoral Commission might say that it needs more time to do it, so it would have to happen at the next general election after that. As I have said, they could do pilots based on council elections, as long as the whole authority is covered by that pilot.
David Simmonds
Does my hon. Friend recall the evidence that we heard about the pilots in Wales? Auto-enrolment was implemented, and when that data was verified, a significant number of voters fell off who should never have been on the roll in the first place. That indicates that there is a risk that auto-enrolment distorts the electoral position at local authority or parliamentary constituency level by adding people who are not eligible to vote. It creates two risks: one is, as my hon. Friend has described, boundaries being drawn in a way that does not allocate people’s votes equally; another is that people will be offered the chance the vote when they are not eligible to participate in that election.
Lewis Cocking
My hon. Friend makes an important point, and that is why Opposition amendments 26 and 27 are very important, because they go some way—not the whole way, but some way—to mitigating what he has just outlined.
Dr Chowns
It might be helpful if I remind the Committee of what the Electoral Commission itself says:
“Automated voter registration has the potential to significantly improve levels of accuracy and completeness of the registers and help ensure people can vote in future elections… Significant progress should be made on implementing forms of automated registration before the next UK general election… Pilots in Wales last year show how effective automatic registration can be.”
I am a little worried that, inadvertently, a false impression of the opinion of the Electoral Commission has been given.
Lewis Cocking
I am arguing that if we are going to do automatic enrolment, it should be for everybody, all at the same time, across the country. As I have pointed out, one could do pilots within council areas, as long as everyone in the whole area is being enrolled at the same time. I have given a number of examples.
In my constituency of Broxbourne, I have two registration authorities, so it could be that at a general election some people within the same constituency are auto-enrolled while others are not. I do not believe that is fair. I said at the start of this that I think the current arrangements for registering to vote in this country are perfectly fine, and that people have a choice to register or not. If someone says, “I do not wish to register to vote,” that is their choice. That is up to the individual.
Dr Chowns
If the hon. Member will forgive me, I will cite once more evidence from the Electoral Commission, which does not agree with him that the current system is fine. The Electoral Commission says that evidence from its research shows that
“as many as 8 million people across the UK are not correctly registered to vote”.
That is a huge proportion—a huge disenfranchisement. The Electoral Commission says:
“Introducing more automated forms of registration would remove barriers to voting and make it easier for people to register and vote.”
Does the hon. Member not think we should listen to the Electoral Commission?
Lewis Cocking
Some of those 8 million people may have chosen not to be on the electoral roll. Would the hon. Lady like to stand in a constituency where half of her electors are auto-enrolled and the other half are not? What are the consequences of that if the election is very close? Will it be taken through the courts?
Lisa Smart
The Liberal Democrats are in favour of automatic voter registration; it is a long-standing commitment of ours. As such, we support clauses 17 to 19, and we oppose amendments 26 and 27.
Some Opposition Members said they feel that the current system is doing okay and expressed satisfaction with it. I disagree. It is not okay that 65% of private renters are registered to vote compared with 95% of homeowners, according to Generation Rent. It is also not okay that young people or members of the global majority are far less likely to be registered—someone being black or brown should not mean they are less likely to be registered. Therefore, the Liberal Democrats support AVR.
International research by the Electoral Integrity Project found that the UK is ranked in the bottom half of countries in Europe for the extent to which elections empower citizens. Research from Manchester University shows that the UK has one of the hardest registration systems for voters of any liberal democracy. In democracies around the world, AVR is the norm, and has been proven to lead to more accurate—not less—electoral registers. The hon. Member for North Herefordshire quoted the Electoral Commission, and she was entirely right to do so. The commission said in its report:
“From the evidence available, nearly all of these additions to the register appear accurate”.
We should listen to the experts on this matter.
The Liberal Democrats always have concerns about privacy and civil liberties, and we want to ensure that any roll-out of AVR keeps control of the data with the individual. I agree with and support the point made by the hon. Member for Hamble Valley about people being able to opt out. One of the measures in this part of the Bill is around data-sharing powers, allowing electoral registration officers to use existing Government records to register or update voters without requiring an application. Some of the evidence we saw from Unlock Democracy recommends clear opt-out communications and privacy safeguards. People may not fully understand that they are being registered unless they are proactively informed, so we support those recommendations.
We heard from Professor Toby James from the University of East Anglia and the Electoral Integrity Project. He raised concerns that the open register means that people placed on the electoral roll may not be aware that their data can be sold to third parties. People who never sought registration to begin with may be especially unaware of that. Those are concerns we should all hold dear.
Amendment 26 seems to frame accuracy and inclusion as a trade-off. We do not agree. Triple verification would create administrative friction and disproportionately block the groups with the lowest registration levels, such as young people and private renters. We believe other safeguards are in place. The amendment is a blocker, so we do not support it.
Amendment 27 would delay the implementation of automatic voter registration. The review mentioned in it does not have a timetable, and the piloting framework in clauses 20 to 25 will already test the implementation of AVR. We do not support amendments 26 and 27; we support clauses 17 to 19.
Samantha Dixon
Voter registration is the bedrock of our democracy and is foundational to participation in elections; without it, we cannot exercise our right to vote. As hon. Members have pointed out, the Electoral Commission estimates that between 7 million and 8 million eligible citizens are either incorrectly registered or not registered to vote at all. We will address that registration gap by moving towards a more automated voter registration system.
Clause 17 will create a new process of registration without application, also known as direct registration. We believe that that will enrich our democracy by making voter registration as simple and easy as possible. It creates a new duty for electoral registration officers to add those who are unregistered directly on to the electoral register without those people having to go through the process of applying to register to vote, provided that certain conditions are met. That will be the case only if the ERO is satisfied that the person should be registered, on the basis of data obtained by the ERO. Those who are directly registered will be informed through a notice that it is happening. On the points made by the hon. Members for Broxbourne and for Hazel Grove, they will have the right to opt out of the process during the response period.
In conjunction with regulations made under clause 36 on data sharing, clause 17 will open a world of opportunities for our brilliant EROs to use new data sources, both national and local, to get unregistered but eligible citizens on to the electoral register. It should also better streamline and hopefully, in time, reduce the administrative burden on EROs—for example, by reducing the need to send invitations to register and by softening the registration surges we see around election times.
We understand that direct registration is not appropriate for every kind of voter. As mentioned, there will be exemptions for those who inform their ERO within the set response period that they do not wish to be registered in this way, or that they intend to make an application for registration. There is also an exemption for those who tell the ERO during the response period that they wish to be registered with an anonymous entry, a declaration of local connection, a service declaration or an overseas elector’s declaration. Instead, those people will be able to independently submit a relevant application. There will also be an exemption where the ERO receives an application for registration of that person during the set response period.
We are not replacing the current system of registration, but are simply providing another means of registration. That will add a new, modernised mechanism that reflects the realities of how public bodies hold and use data today, and how individuals interact with those services. Direct registration offers many opportunities, but is not an overnight process. As will be covered in relation to clauses 20 to 25, it will take time to explore and test different data sources to ensure that they best identify eligible citizens. It will also take time to pilot and test the overall effectiveness of direct registration. There are significant opportunities here to move towards a more automated registration system that narrows the registration gap and builds a fuller and fairer democracy.
Amendment 26 proposes a new condition that must be met before the ERO registers someone without an application—that the person’s existence has been properly verified using three separate datasets used for national and local data matching. I appreciate the spirit behind the amendment, and of course share the commitment of the hon. Member for Hamble Valley to ensuring that only eligible individuals are registered.
Under the Bill, an ERO must directly register someone only if they are satisfied that the person is entitled to be registered. We are robustly exploring and will rigorously test different Government datasets that could be used to aid EROs in their new direct registration duties. As part of that, we are exploring which datasets will provide EROs with sufficient assurance to determine that a person is entitled to be registered. We do not agree with specifying a minimum number of datasets that should be used to determine someone’s existence. As the hon. Member for Hazel Grove pointed out, there is the potential for one or two robust and well-tested datasets to provide sufficient assurance. In those cases, it would be unnecessary and inefficient to require an ERO to consider further datasets, so I ask the hon. Member for Hamble Valley to withdraw his amendment.
Clause 18 is similar to clause 17, but focuses on a new process of direct alteration. It aims to improve the accuracy of our electoral registers in the simplest and easiest way possible for the voter. It will create a new process of alteration without application, also known as direct alteration. It creates a new duty for EROs to update people’s name or address details in their electoral register, where data shows that those have changed. Just like with direct registration, those whose details are directly altered will be informed through a notice that that is happening, and they will have the right to object during the response period.
The clause, alongside regulations made under clause 36 on data sharing, will enable EROs to use new data sources to identify people whose registration details are incorrect and update their entries without those people having to submit an application of alteration. That will help the accuracy and integrity of the register, and will make things easier for EROs, who might otherwise contact voters at the wrong addresses or using the wrong names. It will also help to prevent people from missing out on their right to vote, by ensuring that the right details are recorded for them.
As mentioned previously, there will be an exemption for those who inform their ERO within the set response period that they do not wish their entry to be altered in that way. There are other exemptions, including for those who tell their ERO during the response period that they wish to be registered with an anonymous entry, a declaration of local connection, a service declaration or an overseas elector’s declaration. Instead, those people will be able to independently submit a relevant application.
We are not removing the ability of individuals to contact their ERO to update their own details. Clause 18 will create a new, modern process that will be tested and iterated over time. It will allow EROs to use data in a common-sense way to improve the accuracy of the electoral register.
Clause 19 introduces schedule 2 and makes further provision in connection with clauses 17 and 18 for registration without an application and for the alteration of certain registers without an application. Schedule 2 makes a number of amendments to the Representation of the People Act 1983 and the Representation of the People Act 1985 to allow for direct registration and alteration, and to build safeguards into the process.
I draw the Committee’s attention, in particular, to paragraphs 16 to 19 of schedule 2, which aim to ensure that if a person is an overseas elector or is applying to be one, a registration without application is disregarded if they did not ask for it to be made and they are still eligible to be an overseas elector. The clause aims to reduce the risk of a new entry being created without an application, which could then invalidate the registration or declaration of an overseas elector. That is needed to ensure that overseas electors do not inadvertently lose their right to their status as an overseas elector—for example, in the unlikely event that an ERO directly registers that person at an address at which they are not resident, and they miss the registration notice while they are overseas. We think the risk of that happening incorrectly is low, but we want to include safeguards in case it happens.
Amendment 27 proposes that direct registration and alteration duties for EROs—meaning registering someone or altering their registration details without that person submitting an application—and other, related provisions should not commence until after the Secretary of State has published an independent review. That review would look into the steps needed to avoid non-qualifying EU or Commonwealth citizens being directly registered. The amendment involves inserting a requirement for a review into clause 80, the Bill’s commencement clause.
David Simmonds
The Minister is addressing the pilots and how they will be learned from. My hon. Friend the Member for Broxbourne set out some broad concerns about the risks to the integrity of the ballot of taking an inconsistent approach, whereby different groups of electors may be targeted for auto-enrolment in different local areas, such that we end up with inconsistency.
Another risk is around identity theft and fraud. For many people, a place on the electoral register is the start of obtaining credit or sometimes of applying for a job or benefits. I am very conscious, as I am sure we will all be from our constituency case work, that getting behind those kinds of fraud and identity theft can be extremely expensive and difficult. For example, a person may apply to go on the electoral register at someone else’s property without your permission. That person may not be genuine or even exist, but under this system, unless a response comes back saying that they do not wish to be added to the register, they will automatically be put on it. That opens a new avenue for fraudsters, and particularly identity thieves.
For the benefit of the Committee, will the Minister therefore set out what consultations there have been with colleagues across Government about evaluating the risk of identity theft that this provision creates for our constituents?
Samantha Dixon
I simply suggest that the piloting, with the work of the EROs and the access to the datasets that establish the right and the eligibility to vote, are testing precisely the point the hon. Gentleman is making about avoiding election fraud. That is the purpose of the pilots.
David Simmonds
It is not so much about election fraud off the back of this; it is more about somebody getting themselves on the electoral register and applying for a credit facility. One thing the credit provider will check is whether they are on the electoral roll. That person may not exist at all, but because of auto-enrolment they are now on the electoral register, as a result of which they obtain credit. That opens up the risk of fake registrations, which we already hear about from trading standards. It would be helpful to understand what consideration the Government have given to that risk, particularly given the impact it has on vulnerable households among our constituents.
Samantha Dixon
The point that I am attempting to make is that this piloting and the move towards auto-enrolment will enable EROs to test, based on a variety of different datasets, that the application is accurate, legitimate and not spurious or in any way fraudulent. While I note the hon. Gentleman’s point, these things are being done to avoid the scenario he has just described.
EROs will continue to exercise their knowledge and judgment to assess eligibility before they send someone a notice that they will be registered to vote. Before a person is automatically enrolled, they will be written to, but the ERO will have tested, through a variety of different datasets, whether that application is legitimate. We will test that robustly and fairly and with the guidance of partners such as the Electoral Commission.
Paul Holmes
I hope the Minister will forgive me—it is quite possible, indeed likely, that this is my ignorance—but she outlined the datasets the EROs will analyse. Will she clarify whether those will be the same datasets in each geographical area? If not, does that not risk creating a different set of parameters and methods for who would and would not be added to the register, which cannot be analysed at the end of the pilot? Does that make sense?
Samantha Dixon
Regrettably, the hon. Member may have to explain that to me again in a different way.
Paul Holmes
That is no reflection on the Minister; I do not think I explained it particularly well. The Minister outlined that the ERO will assess datasets to ascertain whether to add somebody to the electoral roll automatically. In the context of the pilots, would those datasets be the same types—the same original information sources—or could they vary, depending on who the ERO is and which geographical location they are in when adding someone to the electoral roll?
Samantha Dixon
The legislation takes forward the principle of piloting. The detail of those pilots will come through in secondary legislation. I will provide more clarity, if I can, for the hon. Member, but the principle of piloting is what we are talking about.
Paul Holmes
I am genuinely not trying to be difficult, because the concern I have is genuine; otherwise, I would be intentionally misleading the House, which I am not, I would not and I do not. The reason I asked the question is that we are about to take a significant step towards automatic registration. We have a disagreement, but that is what the Government are going to end up doing. It is therefore important that the data presents a secure and reliable way of putting people on the register. The reason I ask whether there will be different datasets or sources is that we cannot properly analyse the pilots if people are using different datasets.
How can the Minister be satisfied by saying that the principle of pilots must go ahead, but that the Government will unveil the detail in secondary legislation? We have seen this with this Government before, so it is not personal to the Minister, but that is a terrible way to draft legislation. The Minister and the Government are asking the Committee to make a significant change to the electoral registration system in this country, but they cannot tell us—we are straying into the next group, so I will reserve my comments for that—what the basic parameters will look like. How is that good public policymaking?
Samantha Dixon
To offer some comfort to the hon. Gentleman, as set out in the Government’s policy paper, “A blueprint for modern digital government”, “technology presents us with” the opportunity to
“improve the way that government delivers for the public”.
Our ambition is to transform our electoral registration system, harnessing existing data from across Government to move to an automated system. We are working closely with the Information Commissioner’s Office to ensure that appropriate safeguards are put in place. We are working with the Department for Work and Pensions and His Majesty’s Revenue and Customs to assess whether the combined dataset that is already used to check registration applications and support the annual review of electoral registers could also help identify people who may not be registered. We are also working with the Home Office to explore whether its data could help to indicate whether people who are identified as eligible, but who are unregistered, appear to meet the nationality and immigration status requirements to vote. I hope that provides some comfort and clarity to the hon. Member. I respectfully ask him to withdraw his amendment and commend clauses 17 to 19 and schedule 2 to the Committee.
Paul Holmes
After the Minister’s winding up, I think it is even more necessary to push amendments 26 and 27 to a vote—particularly amendment 26, which concerns data checks. The Government are proposing a major change without the detail necessary to inform our decision on whether it should happen and with a lack of detail on the system to be proposed. They also cannot comment on what the datasets are or whether they could be different in different geographical locations. For all those reasons, I feel that I have to push both amendments to a vote.
David Simmonds
Does my hon. Friend agree that ensuring full transparency and integrity following any changes is even more important at the moment, given that the integrity of our electoral system is being called into question, including by some parties represented in the House of Commons that say that we cannot rely on the fairness and integrity of elections under the existing rules? Does he agree that the avoidance of future challenge and dissonance relies on this Committee’s being clear what the changes we are being asked to vote on mean in practice? If we cannot be clear with the voters about what this means for them, we should not be doing it. We should be coming back later when we can be clear.
Paul Holmes
I do not think it will be a surprise to the Committee that I wholeheartedly agree. This is alien to me. Asking the Committee to vote on the principle of something without the detail and with absolutely no reassurance that the transparency and integrity of the system will be fundamentally better than it is now is bad law making and bad government.
Samantha Dixon
I have to challenge the hon. Gentleman’s assertion that the integrity of the process will be challenged; that is not the Government’s intention in any way. The principle is that we will use the same Government datasets in each location, but also allow local EROs to use the local datasets that they have access to in addition to Government datasets. The principle of piloting is to test robustness and integrity—that is precisely why the pilots are so important.
Paul Holmes
The Minister said that the intention is not for these things to be challenged on the basis of integrity, but that does not provide clarity or certainty at all—it does not mean that there will not be a challenge or that it will not be successful. That is because of the lack of detail and transparency. The Committee is expected to decide on a new system without the parameters being laid out clearly and to rely on the Secretary of State to determine what automatic registration should look like through secondary legislation after a pilot. The details and the systems have not been outlined clearly to the Committee. That is why we tabled amendment 26, which would ensure that an electoral returning officer has three individual forms of check.
The Minister just outlined that EROs in different locations can access different datasets to reassure themselves that they should be putting someone on the roll. That sounds very similar to an ERO being able to check the register for three datasets, which is outlined in amendment 26. It seems to me that she has accepted the principle that EROs might need to determine the security of automatically enrolling someone through a number of datasets. Why are the Government so scared to ask for three? That would ensure the integrity and security that the Minister claims she wants and that I believe she wants. However, she is resisting amendment 26, which does exactly what she claims she wants to and adds a bit more detail on how the pilots will go forward.
I am afraid that for those reasons—a complete lack of clarity and transparency, and an expectation that the Opposition should trust the Government to come forward with the right decision in secondary legislation—we will have to press both amendments to a vote.
The Chair
With this it will be convenient to discuss the following:
Amendment 28, in clause 21, page 33, line 33, at end insert—
“(8) voter registration provision does not mean any provision which amends the franchise for UK parliamentary elections or local elections in England.”
This amendment prevents the voter registration pilots being used to amend the franchise.
Clauses 21 to 25 stand part.
Samantha Dixon
Clause 20 enables the Secretary of State to make pilot regulations that test new and innovative methods of electoral registration. As part of our work to strengthen the registration system, the Government are exploring new and innovative ways of electoral registration.
By harnessing existing Government data and embracing new technology, we aim to modernise the process, making registration simpler and more accessible for citizens. However, before any new methods of registration are introduced in full, it is right that they are tested in real-world conditions with real people, not merely in enclosed, controlled environments. By testing new registration methods in the real world, we will be able to ensure—to the best of our ability—that any new approaches to registration are both effective and secure. The Government are committed to strengthening our democracy and encouraging full participation by legitimate voters in our elections, and the clause forms a critical part of that work.
With the Committee’s indulgence, I will address amendment 28, notwithstanding the fact that it has not yet been spoken to. It aims to ensure that the voter registration pilots, which are provided for in the Bill, cannot be used to amend the franchise. I reassure members of the Committee that the new piloting powers, as drafted, could not be used to amend the franchise.
Clause 20 creates a new power for the Secretary of State to make regulations to pilot changes to the voter registration process, which the Bill describes as “voter registration provision”. Clause 21 defines “voter registration provision”, making clear that it is limited to registering individuals entitled, under existing franchise eligibility criteria, to be registered. It also allows for existing register entries to be amended or removed. Our intention is to make registration easier and simpler for those already eligible to register to vote; it is not to amend the eligibility criteria for entitlement to register to vote. I ask the hon. Member for Hamble Valley to withdraw his amendment, as it is unnecessary.
Clause 21 seeks to clarify what is meant in clause 20 by “voter registration provision”, in relation to pilot regulations, by providing examples of what such regulations could entail. As I have just said, before any new methods of registration are introduced in full, it is right that they are tested in real-world conditions with real people, not solely in enclosed, controlled environments. In July last year, the Government published our strategy for modern and secure elections, in which we noted that technology presents ever-expanding opportunities to improve the way in which the Government deliver for the public. Our ambition is to modernise our registration practices, harnessing data and moving towards an increasingly automated system, so that voters can be easily and simply registered to vote.
Lewis Cocking
The Minister probably knows the point I am about to make. I fully appreciate what she has just said about having to do these demos in real-world scenarios, but can she ensure that they will be conducted during elections where everybody is treated in the same way—that is, council elections—rather than at a general election, where she will create two types of elector? Can we have that reassurance?
Samantha Dixon
I note the hon. Gentleman’s concerns, and I hope to address them as we go forward.
Clause 21 makes clear that piloting regulations may be used to explore this ambition further, including by testing new and innovative ways of using Government data to identify individuals and support them to register, as well as testing potential improvements to administrative processes. Our ambition is to support a modern, efficient registration system that makes participation straightforward for citizens and strengthens the foundations of our democracy. The clause plays an important role in providing the framework through which that ambition can be pursued.
Clause 22 builds on clause 21 by providing further clarity on the scope of the piloting powers set out in clause 20. It makes clear that pilots will take place in one or more areas, and that they may assess the impact of new registration methods on specific demographic groups. The clause also confirms that, in most circumstances, pilots will proceed only with the consent of the relevant electoral registration officer. It is right that those directly responsible for administering the pilot are engaged, informed and supportive of the approach being taken.
Furthermore, clause 22 allows pilot regulations, on a temporary basis, to create, suspend or disapply an offence or financial penalty where that is necessary for the effective conduct of a pilot. However, they cannot increase penalties beyond existing legal limits, nor introduce penalties or offences for individuals who fail to register or update their details. That ensures that the legal framework operates sensibly during the testing period while maintaining appropriate protections and proportionality.
Clause 22 provides breadth, flexibility and practicality to the proposed piloting framework, giving clarity to officials without imposing an overly rigid or exhaustive set of rules. In doing so, the provisions ensure that pilot schemes can be designed in a measured, proportionate and genuinely useful way, supporting the Government to realise their ambition to modernise electoral registration and make it simpler for citizens to engage with the democratic process.
I now turn to clause 23, which provides that any pilot regulations made under the new power conferred on the Secretary of State in clause 20 must be made by statutory instrument. Parliament is the proper forum for the scrutiny and oversight of such powers. Electoral registration is a matter of significant importance and sensitivity, and it is therefore right that parliamentarians have the opportunity to examine in full any proposed regulations establishing a new pilot.
Clause 23 provides that all regulations made under this piloting power will be subject to the affirmative procedure, except where the regulations do no more than extend an existing pilot for no longer than 12 months, or amend the deadline by which the Electoral Commission must publish its evaluation report—in which case the SI will be subject to the negative procedure. Requiring the affirmative procedure for the vast majority of cases reflects the long-standing convention that changes to electoral law should receive the highest level of parliamentary scrutiny. Safeguarding the security and inclusivity of our electoral registration system must remain paramount.
Clause 24 provides that the Electoral Commission will evaluate any pilots and produce a report. The Electoral Commission serves as an essential independent guardian of the integrity and transparency of our democratic processes. By upholding rigorous standards and providing impartial oversight, it helps ensure that electoral matters across the United Kingdom are conducted properly, securely and with public confidence.
By placing the Electoral Commission’s independent assessment at the heart of the evaluation of any electoral registration pilot, we ensure that Parliament, stakeholders and the public receive a clear, objective and authoritative appraisal of any pilot’s effectiveness. The clause reinforces our commitment to rigorous independent scrutiny by requiring the report to address specific issues. That includes an assessment of the extent to which a pilot has met its objectives and an evaluation of whether the changes made by the regulations represent a cost-effective means of achieving them.
Although we are ambitious about delivering a modern, more automated electoral registration system fit for the 21st century, we are equally mindful that robust processes and independent evaluation must remain integral to the testing of any new registration method. Clause 25 provides definitions for the four key terms used throughout clauses 20 to 24. This is an interpretive provision that defines key terms and is necessary for the operation of those clauses. I commend the clauses to the Committee.
Paul Holmes
It is a pleasure to see you in the Chair again, Dame Siobhain. I do not know why I said that—it is a habit. But it is always lovely to see you; it is reminiscent of the 2015 general election.
Paul Holmes
Thank you very much.
These amendments relate to the pilot schemes. I do believe that the Government have been slightly naughty in how they are trying to promote these pilots. Not once have they consulted the Political Parties Panel or reached out on a cross-party basis to consult on changes to the franchise or to electoral systems, or on the cancellation of local elections.
The Government are completely entitled to set out a scope for pilots, but the clauses lack any detail on what we should expect the pilots to look like and what they are supposed to be delivering. Where is the detail about the datasets they will use? The transparency and sense of integrity are not there. The Minister said she wanted to reassure us—[Interruption.]
The Chair
Order. I apologise for terminating the hon. Member’s contribution, but there is a Division. I suspend the Committee for 15 minutes. We will resume at 4.16 pm.
Paul Holmes
It is a pleasure to see you in the Chair again, Dame Siobhain. It was a wonderful election campaign—oh, I’ve done that bit.
The clauses deal with voter pilot schemes. As I had started to outline, we are concerned that when it comes to electoral changes, voting age changes or anything to do with the electoral system, the Government have not really been transparent. They have not worked, as previous Governments did, on a cross-party basis through interaction and meetings with the parliamentary parties panel. As with the last few clauses, they have not outlined the detail necessary to satisfy us to support the clause and rely on secondary legislation.
Although I know that the Minister is a Minister of the utmost integrity—I have always believed that, so she should take that as read—she said that we should be reassured that voter pilot schemes would not be used to amend the franchise, which is the aim of my amendment 28, but the Secretary of State said in the House, two days before he cancelled local elections, that he would not cancel local elections. He was then taken to court, and it was found that the decision was not lawful. The Minister will forgive us if we are not entirely confident in the reassurances given, when Government Ministers have given reassurances on the Floor of the House and then done something else.
David Simmonds
My hon. Friend refers to the recent judicial review. My understanding is that, rather than losing the judicial review, the Government actually offered no defence. They conceded because they did not wish to be transparent about the decision-making process that the Secretary of State had followed. Subsequent freedom of information requests sought to get under exactly what was happening, but clearly there was correspondence that the Government did not wish to place in the public domain. They preferred to abandon their devolution plans rather than concede on that point.
Does my hon. Friend agree that that is not a great starting point for a Government who are asking us to take them on trust about pilot schemes with a complete absence of detail and no indication of who would be prioritised for auto-enrolment, what the geographical basis would be or what the decision-making process would be? It is not a good basis for asking us to take them on trust when the Government have not been willing to be transparent about elections that they were determined would go ahead, only to cancel them within literally 24 hours.
Paul Holmes
My hon. Friend is absolutely correct. As I say, this Minister is a Minister of integrity, but I find this out in opposition. I work for a shadow Secretary of State; the Minister works for the Secretary of State. On a number of occasions, the Secretary of State has been found to have said things in the Chamber that have turned out not to be the case. It is therefore not right for the Opposition to have confidence that we can rely on a reassurance from the Minister that the pilots will not be used to amend the franchise.
The wording of amendment 28 is so clear that there is no room for manoeuvre. Why does the Minister not accept the amendment and show us that her reassurance is worth the paper it is written on? The amendment would not fundamentally change the passage of the Bill or the parameters of the pilot, but it would provide reassurance that the Government will not use the pilots and whatever comes out of them for a reassessment through the Electoral Commission. We do not know the parameters of the pilots; their geography, as my hon. Friend says; who will be included in them; or the datasets that will be used. The Minister should accept the amendment and give us reassurance that the pilots will not be used to change the franchise.
The Opposition have repeatedly asked and challenged Ministers, particularly the Secretary of State when he took office, about whether local elections would go ahead. The Secretary of State then tried to stop those elections. We know why the Government did not want anybody to see the evidence or the correspondence. It was a pattern that this Government have shown before: putting their own political interests before the interests of the electoral system and before having a credible plan or a credible defence. That is why they were found out. That is why when I looked the Secretary of State in the eye and asked whether he would cancel the local elections, he said he would not—and then he did, on a Thursday morning when he would not get the scrutiny that he deserved from a full House of Commons.
David Simmonds
On the pattern of behaviour, the Minister has set out very clearly that the Government wish to rely on the independent Electoral Commission to appraise the outcome of the pilot schemes. But what we do not know—because the Government are not willing to set it out to this Committee, which it is asking to approve the principle of the pilots—is what it will appraise those pilot projects against. We do not know at this stage what the Government seek to achieve through the pilot projects. We therefore cannot assume that the Electoral Commission is in a position to give us the genuinely independent perspective that we expect of it.
Historically, there has been much debate about whether the Electoral Commission should be given a mandate by Parliament. One useful thing about such a mandate is that it would be able to say, for example, that a criterion for appraising pilots is the use of equality impact assessments to determine the impact of the pilots on people with learning disabilities or physical disabilities, on younger voters specifically, and on younger voters with learning disabilities, who may be a subset of such voters. Without any clear sense from the Government of what the pilots will seek to achieve and how that will be implemented consistently, it is difficult for the Committee to be confident that the pilots will genuinely contribute to the integrity of the poll.
Paul Holmes
My hon. Friend is absolutely correct. Let us not forget that in very recent history the Government have completely ignored the view of the Electoral Commission anyway. When the Government said that they would not cancel local elections, and then did, and then got found out in court and did not defend the case, the Electoral Commission said repeatedly that it disagreed with the Government’s stance on the local elections because the Government had not consulted and had breached the general rule that EROs and local authorities should be given at least six months’ notice of a change of poll.
The Electoral Commission was very clear, and I think it went as far as condemning the Government’s decision, but the Government ignored it. The Minister can outline how the Electoral Commission will be consulted, but they have ignored it before and it is very likely—in fact, given the pattern of behaviour of the Secretary of State, it is almost certain—that the Government will find the answer that they want to find, regardless of what the Electoral Commission review says.
We remain sceptical. This is not personal against the Minister. I like the Minister intensely—[Hon. Members: “Ooh!”] I couldn’t think of another word. I like the Minister a lot, and I think she is a woman of integrity, but the pattern of behaviour from this Government is astounding, on consultation, on transparency and, actually, in Parliament. Ministers, who are governed by the ministerial code, have said that they will not do something and then gone ahead and done it anyway, in the cynical way that we have come to see from every Department in this Government. It is rotten from the top down.
On the pilots, the Minister has been clear that the parameters are not well established in the Bill and that she will want to come back with secondary legislation. Clause 20, “Power to pilot changes to the voter registration process”, states that the
“Secretary of State may by regulations make voter registration provision…in connection with…a register of parliamentary electors maintained under section 9 of RPA 1983”
and
“a register of local government electors”.
However, where it says that “regulations must specify”, there are certainly no parameters, and she is asking us to give the Government a blank cheque.
The Minister is asking us to approve pilots without any detail on what they may look like. She is also not saying how she will test whether those pilots are successful. When she winds up, will she outline to the Committee exactly what the parameters are for the pilots and the tests for what looks like success when they are finished?
Lewis Cocking
I wholeheartedly support my hon. Friend’s impassioned speech. Does he share my concern that the pilots may be done on the basis of council areas, but that everyone should be auto-enrolled at the same time, rather than creating two lists of electors for a general election? Does he agree that that, in itself, will undermine the next general election and undermine democracy as a whole? Does he also agree that the Government must provide more detail about these demos, rather than giving Ministers carte blanche to pick and choose who they do and do not want to enrol, with this Committee and the House having no say in the matter?
Paul Holmes
I agree entirely. As I have attempted to outline, and as I think my hon. Friend is saying, without such detail why should people trust a word that the Government say? It has been the same with other legislation, as I know from being a shadow Housing, Communities and Local Government Minister, and it is pretty clear that it comes from the top of Government.
Let us look at the detail of clauses 21 and 22. Subsections (3) and (5) of clause 21 state that it
“includes provision relating to…the identification of individuals who are not registered”—
that goes without saying—and
“the identification of changes relevant to entries in the register, and…the maintenance of registers”,
as well as
“the form of the register…the procedure to be followed in the preparation of the register…the publication of the register”,
but there is no detail. If this Government are so clear about what they want to do with automatic registration, they should set out clearly the parameters for its implementation and should have an idea of what they want from it, but I must say that everything in the Bill about what they want from the pilots is fairly generic guff.
Lewis Cocking
Does my hon. Friend therefore agree that this measure could be reintroduced during the next parliamentary Session, when we can give a lot more thought to where the demos will take place and to the detail of who will be auto-enrolled first, and we can properly scrutinise the Government? As he rightly points out, this Government have made a number of U-turns. It is very difficult to trust a word that Ministers say or to know whether they will keep their word about the Bills they bring in. Does he agree that, rather than rushing the Bill through in this Session, the Government need to go away, think again and come back with fresh ideas when they put the legislation before Parliament in the next Session?
Paul Holmes
The Government have the luxury of being able to carry over this Bill. Its Report stage will be not in this Session, but in the next. Ministers have plenty of time to do this properly and not only give it proper scrutiny and listen to this Committee, but go away and think about it. Instead of bringing in amendments in secondary legislation, they could tell us what the pilots should look like and what they want to achieve from them. So far, the Bill does not do so.
My hon. Friend is correct that we do not have to finish the Bill by the end of this Session. The Committee has to finish in this Session, but Report can be held whenever the Government want after we come back for the next Session, because there is a carry-over order. There is no need to rush to Report and get the Bill through as quickly as possible. That mechanism is in place, so the Minister has time to strengthen this part of the Bill.
It is alien to me, but unfortunately it is a testament to the attitudes of this Government—and particularly this Department, when it comes to changing key indicators in terms of voting age, but also in terms of the way that people vote—that they want us to give them a blank cheque without giving us the details that any reasonable Member of this House would require.
David Simmonds
My hon. Friend the Member for Broxbourne made the constructive suggestion that we proceed on the basis of local authority areas for the use of the electoral roll in the local poll so that everybody who is standing or voting in the election can have confidence that they will be treated equally. Earlier in our debates, the hon. Member for Hazel Grove set out her sympathy with the proposal for the pilots, but I am sure that no Member of this House would be content to lose narrowly in an election, only to discover that in their constituency—perhaps alone in the country—there had been a programme to auto-enrol a specific cohort of voters who had not been auto-enrolled in the same way in neighbouring constituencies or in the rest of the country. That would fundamentally call into question the integrity of the poll.
I know that the Government have had serious concerns and reflections internally following the allegations made at the Gorton and Denton by-election. I do not think that most of us accept that those allegations are correct. None the less, the level of doubt that has been cast on elements of the process is of concern to Members across the House. The Government should be in listening mode. They should listen to my hon. Friend the Member for Broxbourne and should seek to do this properly, so that all voters and candidates in elections can have confidence that they will be treated equally and consistently across the country.
Paul Holmes
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 (Guildford) (LD)
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
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.
Samantha Dixon
The existing canvass regime in Northern Ireland is unfit for purpose. The current system requires the register to be recreated from scratch every 10 years and specifies that electors must re-register as part of the canvass to remain on the register. Electors who do not respond to canvass are removed from the register even if the chief electoral officer for Northern Ireland holds data to confirm that they are eligible. That means there is a risk that a significant number of eligible electors are lost from the register, impacting its integrity and accuracy. The Government are legislating to address those challenges and to reform and modernise the Northern Ireland canvass.
The aim of this reform is to move towards a more regular and lighter-touch canvass system. Crucially, it will also avoid the arbitrary removal of eligible voters and improve the accuracy of the Northern Ireland register. Reform of the Northern Ireland canvass is supported by the Electoral Commission and the chief electoral officer for Northern Ireland, with whom we are working closely on the new system.
Paul Holmes
Can the Minister outline what political engagement she has had with the Northern Ireland Executive on what they make of these proposals, and whether she has had written communications from them on that?
Samantha Dixon
I will write to the hon. Gentleman on those points at a later date, if I may. However, the First Minister and officers attended one of our evidence sessions, and I have engaged with colleagues who attended drop-ins as a result of this legislation coming forward.
Paul Holmes
If the Bill passes, will it require a legislative consent motion?
Samantha Dixon
I will hopefully come to that point, but it will not.
The details of the new canvass system will be set out in regulations following consultation with the chief electoral officer for Northern Ireland and the Electoral Commission, and will be subject to piloting. This change will support increased participation in elections in Northern Ireland and bring the Northern Ireland canvass system into closer alignment with Great Britain.
Clause 27 is a consequence of clause 26. Before making any regulations under clause 26, the Secretary of State is required to consult the Electoral Commission. Where the commission has been consulted, clause 27 places a duty on it to prepare a report about a proposal to make regulations under clause 26, which is the new power to amend the canvass.
Reform of the Northern Ireland canvass is supported by the Electoral Commission, and officials will work closely with the commission on it. It is important that the commission has an opportunity to consider the details of the new canvass system to ensure that the proposed changes are effective and robust before they are implemented. The provision mirrors the role that the Electoral Commission had when the canvass system was reformed in Great Britain.
Clause 28 is also a consequence of clause 26. The Government are legislating to address current challenges and to reform and modernise the Northern Ireland canvass. The aim of this reform is to move toward a more regular and lighter-touch canvass system. However, these are technical and complex changes, and it is important that we get them right, so it is proper that the new canvass system will be subject to successful piloting. We will work closely with the chief electoral officer for Northern Ireland on the design of any pilots. I commend clause 28 to the Committee.
Paul Holmes
I thank the Minister for outlining clauses 26 to 29. I believe that all parties represented on the Committee agree with devolution. The Minister outlined that there has been consultation with the chief electoral officer and officials in Northern Ireland, but given that we are entering a period of devolution, and of Governments, Cabinets, First Ministers and Members of Parliament across this great United Kingdom, I am slightly concerned that we have not had any detail about which relevant Cabinet Minister in Northern Ireland has been consulted on these proposals—not only in relation to the reports from the Electoral Commission that will be required, but on the Government’s proposed pilot in Northern Ireland. We have not heard what the democratically elected Executive, local Members of Parliament or local authorities in Northern Ireland think of that, and that concerns me.
I hope that the Minister might outline, perhaps with the help of her excellent officials, whether the political leads in Northern Ireland have come back with their views on the proposals. It is okay for officials to do so, but officials advise and Ministers decide—that is my old mantra. It is one thing for the chief electoral officer, with whom I have no issue whatsoever—he is doing an admirable job—to say that he is okay with the proposals, but I would have thought that the UK Government should have the consent of the Executive. It concerns me that we have not had such an assurance from the Minister today.
David Simmonds
Although we do not have a representative from Northern Ireland on the Committee, we have had a number of debates in which a variety of these issues have been raised, and we took evidence on them specifically. The electoral system, registration system and arrangements for elections have been different in Northern Ireland for some time anyway, and that reflects part of the fairly complex political history of that part of our United Kingdom. One of the commonalities that we have with Ireland is the ability of people there to cast their vote in general elections in the United Kingdom and vice versa.
Will the Minister set out—perhaps my hon. Friend agrees with me that we need a bit more detail on this—what conversations have happened not just with the Northern Ireland Executive but with the Government of Ireland? A number of provisions mean that the Province, in which people will have the ability to vote as a United Kingdom voter and also, potentially, in Ireland, especially if they are dual electors, will have different electoral rules. It is particularly important that that is fully considered, especially before pilots, which might make further changes, are implemented without the element of local consent.
Paul Holmes
My hon. Friend raises a good point that I had not thought of, as is normally the case. I am concerned that the political leadership have not given their sign-off or their thoughts, and that this Committee should be given the views of the Northern Ireland Administration. Having briefly served as a shadow Northern Ireland Minister, I understand the differences and the unique nature of the politics of Northern Ireland, and he is right to say that people who live in Northern Ireland could be eligible to vote in a number of elections in different countries. When it comes to the Province, it is therefore important that we get clarity on how the pilot, and the lack of information about it, might affect the different rules in different countries.
We remain concerned. As with the last group of amendments and clauses, there is no detail on what the pilots might look like, particularly under clause 28. In her last winding-up speech, the Minister stated that the Government are designing the pilots and are looking at how to make them the best they can be, but a Government propose things, and they should know what they want a pilot to look like in order to get the policy outcome before they come to this House and expect us to approve legislation. I say gently to the Minister that if the Government have a policy they want to achieve, they should have some idea about how they will get there and what a pilot might look like.
Clause 28, on the power to pilot proposals under clause 26, does not really contain any detail as to what such pilots might look like. Under clause 29,
“If pilot regulations are made, the Electoral Commission must…prepare a report on the pilot regulations, and…before the date specified under section 28(4), give a copy of the report to the Secretary of State and to the Chief Electoral Officer for Northern Ireland.”
In none of the proposals in the Bill is the First Minister of Northern Ireland, or the relevant Cabinet Minister in the Executive, included in any reporting mechanisms; it is only the Secretary of State and the chief electoral officer. If we want to harness great cross-border relations, it is very important that the democratically elected devolved Government have some kind of say, even if it is after the fact and about whether they think it was a success.
We have a number of concerns about the holes in these clauses, and we look to see what reassurances the Minister can give us before we decide whether to press them to a Division.
Samantha Dixon
To reassure Members, we have worked very closely with the Northern Ireland Office, as well as other devolved Governments, in the development of the Bill. Elections in Northern Ireland are an entirely reserved matter for the UK Government. Notwithstanding that, colleagues from all parties across Parliament were invited to come to drop-in sessions. A number of Northern Ireland colleagues did, and I also met the leadership of those parties that wished to meet me as we developed the legislation.
I beg your indulgence, Dame Siobhain, and that of the Committee: I should have spoken to clause 29 at the same time that I addressed the other clauses in the group. Clause 29 is a consequence of clause 28, which provides for the piloting power in relation to amending the Northern Ireland canvass by regulations. As I noted earlier, it is proper that the new canvass system is subject to successful piloting. It is also important that the Electoral Commission has an opportunity to consider any canvass pilots and report on their effectiveness and robustness before they are implemented. The hon. Member for Hamble Valley and I will have to agree to disagree about the role of piloting. In my view, it is the way that we iteratively and robustly test ways in which a policy can be delivered. When we get to secondary legislation, the specifics of the piloting powers will be set out, and Parliament will have the opportunity to scrutinise those powers.
Paul Holmes
How can a policy be tested robustly if the Government have not outlined the policy position or what they want to get out of a pilot, and we do not know how robustly that is going to be tested, because the details of the pilots are not outlined in primary legislation and would come only through secondary legislation?
Samantha Dixon
We could go over and over this point. The Government have set out, in some detail, their objectives for the electoral system. In the case of the Northern Ireland canvass, we have set out the principles, we want to test them, we are taking the powers to test them, and we will come back to Parliament with specifics of those pilots so that they can be scrutinised as profoundly and deeply as Members choose to scrutinise them.
Question put, That the clause stand part of the Bill.
Dr Chowns
On a point of order, Dame Siobhain. As I am a relative newbie in this House, could you clarify why it is permitted for a request to be made to vote individually on a range of grouped clauses, when everybody is voting exactly the same way on them, such that we have had five separate votes, all of which have gone the same way, and we are about to have four more? Is it possible to stop the waste of time?
The Chair
As Chair, I am completely in the hands of the Committee. Amendments and clauses are grouped to reduce the time taken—it is an administrative thing—but if anybody on the Committee wishes a vote to be taken separately, they are perfectly entitled to request that. I can give no better reason than that.
Paul Holmes
Further to that point of order, Dame Siobhain. I think it should be entirely out of order for an hon. Member to make a point of order and say that I am time-wasting. I am taking my responsibilities as shadow Minister very seriously by calling for Divisions, as is the democratic right of any Member of this House, in order to allow our constituents to see how we voted on the clauses in this very important Bill. Can you advise me whether saying that someone is time-wasting is in order in this Committee?
The Chair
I do not think the hon. Lady meant it in that way. She wanted clarification of the procedure, and I have given it. Everybody on the Committee completely accepts that you are entitled to request separate decisions.
Paul Holmes
Further to that point of order, Dame Siobhain. The hon. Member for North Herefordshire said the words, from a sedentary position, “It is time-wasting.”
The Chair
I say to all Committee members: if you want to ask a question, please ask it. There is no issue with that, and we will attempt to accommodate all Members in order to get the best possible discussion and the best possible process. I think Members may be getting tired.
Clause 28
Power to pilot proposals under section 26
Question put, That the clause stand part of the Bill.