Wednesday 4th November 2026
(2 days, 13 hours ago)
Lords ChamberRepresentation of the People Bill 2024-26 View all Representation of the People Bill 2024-26 Debates Read Hansard Text Watch Debate Amendment Paper: HL Bill 47–II(a) Amendments for Committee (Supplementary to the Second Marshalled List) - (3 Nov 2026)
Lord in Waiting/Government Whip (Lord Wilson of Sedgefield) (Lab)
My Lords, before we continue to debate Amendment 10, I remind the House that this is an adjourned debate. Therefore, unless Members were present at the start of the group, they are are not able to contribute. The Clerk at the Table has a full list of those who were present.
Lord Fuller (Con)
My Lords, I was here on Monday evening at the point of adjournment, and not only am I in my place but I am next to the noble Lord, Lord Rennard, who was in the same place as well. Things move on.
On nearly every amendment to this Bill, and in other parts of the work of your Lordships’ House, I support my noble friend Lord Jackson of Peterborough, but, regrettably, I cannot support his Amendment 124, which would require by law that election counts be started overnight following the polls closing. It is important to explain why.
Running an election is a complicated task for election staff. You have to recruit presiding officers, polling inspectors and count staff, and handle all matter of other ancillary tasks, such as fetching and carrying the ballot papers. I know that this happens at a general election, and it is important that we maintain the requirement for overnight counting in those contests, but we have to recognise that local government works over a much larger geographical canvas. It often encompasses multiple constituencies. There are many more electors in the race. We have multi-member wards. We have funny business when it comes to alternative and supplementary votes for some contests. More people and different and more complicated systems add complexity and time.
Local elections are different to the national elections, where, simply, the person with the most votes wins. Let us not forget that, unlike a parliamentary vote, where there is just one election to count, local elections may have many wards interspersed with town council by-elections, so the number of contests is not just greater; it is an order of magnitude larger.
Attracting presiding officers and count staff, who have historically come from our high street banks—tellers and other high street financial workers—is harder. In the age of tap and pay, we just do not have tellers who are used to handling banknotes any more, so we have ended up with a diminished pool of talent to operate the election. The facts of life are that, oftentimes, we rely on presiding officers, who have done a stretch from 7 am until 10 pm, to turn up again the following day to do the count. If we want to have confidence in our democracy, we cannot have people working for 24 hours non-stop in the most delicate and mentally taxing work, which requires huge concentration not just for validation but for the count, banding, bundling and tallying. Local elections have many more types of parties and candidates and therefore a higher propensity for recounts, where many contests are decided by just a handful of votes or even a coin toss.
As I warm to my theme, this short debate gives us the opportunity to remind the Prime Minister that if he is minded to change the current parliamentary voting system, any changes are likely to prejudice the ability for overnight counts if greater complexity is introduced. The voters rejected electoral change in a referendum in 2011, but he does not seem to be listening. The consequences of change are likely to be that the ability to count overnight is diminished or, at the very least, the announcement of the results and the clarity the electorate deserve will be delayed. I do not believe that has been taken into account in any other forum; here is my opportunity to mention it.
To return to the amendment, this is detailed work. It needs staff who are as bright as a button and on the ball to do these local elections, which are more complicated, take more time and provide more opportunities to go wrong than parliamentary contests, where there are often just two or three main candidates slugging it out and the majorities are weighed in handfuls of thousands, not handfuls of votes. For these reasons, I cannot support my noble friend in his endeavour, attractive though it may be. It is better to take your time and get it right than rush and live with the consequences.
Lord Jackson of Peterborough (Con)
I beg the indulgence of the Committee to conclude my remarks on Amendment 129, which I had to curtail because of time on Monday. I want to refer to what my noble friend Lord Hayward said. I was very grateful for the comments of the noble Baroness, Lady Thornhill, about her lived experience in Watford in support of my amendment on undue influence.
Following the Pickles report—I am delighted that my noble friend is in his place—steps were taken in the Elections Act 2022 to strengthen the provision by “adding undue spiritual pressure”. The Electoral Commission’s review noted that
“unacceptable activity which many people consider electoral fraud—including pressure and intimidation both in the home and outside polling stations”,
which my noble friend Lord Hayward referred to,
“—may not be reported by victims”.
This is a valuable provision in law. It is important that it is regularly reviewed by Ministers to ensure that it is upheld properly and is up to date with the challenges of the UK’s changing demographic and religious landscape. Without regular reviews and monitoring, such provisions risk stagnating or becoming subtly and consistently subverted. The law means nothing if it is not enforced. The Pickles review and recent legislative changes reflect the importance of the provision for the UK’s electoral integrity. It is vital that it is not diminished.
I look forward to hearing the Minister’s response, and I especially look forward to hearing the contribution of the noble Lord, Lord Walney, who I know was not present on Monday, which was commented on from the Liberal Democrat Benches. I am sure he will explain that there was a perfectly good reason. His Amendment 136 and my Amendment 129 are very similar. I thank the Committee for its indulgence.
Lord Wilson of Sedgefield (Lab)
My Lords, the noble Lord, Lord Walney, was not here during the debate on Monday so he cannot speak.
Lord Jamieson (Con)
My Lords, I must declare my interest as a councillor in Central Bedfordshire.
I am grateful to my noble friends Lady Coffey and Lord Jackson for their amendments and for the amendments from other noble Lords. These raise important questions about the safeguards necessary to maintain public confidence in our electoral system. I echo the comments of my noble friend Lord Hayward: the objective of this should be to increase public confidence in the electoral system.
My noble friend Lady Coffey’s Amendments 10 and 11 concern the exemptions applying to younger electors in relation to the duties of election and electoral registration officers. These amendments highlight a wider question about consistency in the Government’s approach to lowering the voting age and the need to ensure accuracy of the register. As my noble friend Lady O’Neill of Bexley observed at Second Reading, the Government must explain where we draw the line between the rights and responsibilities of 16 and 17 year-olds. If young people are to be entrusted with electing their representatives, it is reasonable to examine how that decision interacts with existing duties and protections in electoral law.
As the Minister made clear in debate on Monday, EROs are responsible for ensuring the accuracy of the register. Should not the same tools be available to an ERO, irrespective of age? Can the Minister explain the rationale behind retaining these exemptions? Have electoral administrators been consulted about the practical implications? As I said at Second Reading, electoral law is already overly complex and conflicting. We should be seeking opportunities to simplify its administration, rather than further increasing inconsistencies.
I turn to the amendments tabled by my noble friends Lord Jackson of Peterborough and Lord Frost, the noble Lord, Lord Rennard, and the noble Baroness, Lady Thornhill. Amendment 125 seeks to pilot schemes for more flexible voting, including early voting, mobile polling stations and alternative voting locations. Such pilots have already been undertaken locally. Amendment 128 raises the question of piloting electronic voting machines. Our established paper-based system has considerable advantage, in being straightforward and transparent. Electronic systems always raise the issue of cyber security, as we have seen in the Health Bill with the single patient record. Can the Minister tell us what assessment the Government have made of the security risks associated with electronic voting machines, and how the accuracy of an electronic count will be independently demonstrated and verified?
One topic we have debated a lot this morning is in my noble friend Lord Jackson’s Amendment 124: whether counting should begin on the day of the election. Having stood as a candidate on many occasions, I have great sympathy with this and would like to know sooner rather than later. However, as a previous leader of a council, I also have to agree with the comments of many other noble Lords in this Chamber about the difficulties and complexities of doing a count. As a number of noble Lords raised, local council elections are frequently much more complex than a national election, with multi-member wards and an increasing diversity of candidates making the process longer and more complex, along with the potential for multiple elections on the same day. At the same time, many councils are finding it increasingly difficult to get sufficient staff—a matter that has been raised elsewhere in debate on this Bill. Ultimately, I believe that we need to trust the ERO to make the appropriate decision.
My noble friend Lord Jackson’s Amendment 129 and Amendment 136 in the name of the noble Lord, Lord Walney, concern undue influence such as religious or spiritual pressure on voters. The secrecy of the ballot is fundamental. Every elector must be able to vote freely without intimidation, coercion or improper influence. I appreciate the comments of many noble Lords on this; so far, there seems to be consensus that it is an important topic and that these amendments need addressing.
At Second Reading, my noble friend Lord Udny-Lister raised concerns about family voting and the particular vulnerability of younger electors to the pressure they might face at home. These concerns deserve careful consideration as the Government propose to extend the franchise. Does the Minister consider existing law sufficient to protect voters from coercion, both in polling stations and where postal voting is used? It is not just the law but the implementation thereof that is important. Will there be further guidance given to polling staff?
This also relates to Amendment 123, in the names of the noble Lord, Lord Pack, and the noble Baroness, Lady Pinnock, on improving polling cards. Ensuring eligible voters understand the secrecy of their ballot and the voting process is crucial.
We should remember that those responsible for administering elections must make these provisions work in practice. The robustness of our electoral arrangements is fundamental to electoral integrity. I hope the Minister will address the concerns raised in this group and explain how the Government intend to preserve the security and transparency of the ballot, while avoiding unnecessary complexity.
The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)
My Lords, I am grateful for this extended debate, which was broken in the middle of the group. I will make a couple of general points before I respond to individual amendments.
I am grateful to the noble Lord, Lord Hayward, for using his crutch to stand up. If he wishes to remain seated when making his contributions, I am sure the Committee would be very happy with that.
I agree with the comments that the noble Lord, Lord Pack, made about the interesting situation that we saw unveiling in the United States overnight. It would have been nice to have been able to stay up and listen to those results—I did not, but was very tempted. That points to some interesting issues as we discuss this group, which contains matters that go right to the very heart of our democracy. There were comments made early this morning—for example, by James Talarico —about attempts at enormous financial and other influence on the elections process. We will come on to some of those later in discussing our own Bill. It was a pleasure to see the power of the democratic process overcoming something of that. We need to make sure, as we go through our own discussions, that we retain that faith in democracy and continue, as the noble Lord, Lord Hayward, said, to give the people of this country the confidence that it is the democratic process that takes precedence, even where there are attempts to have financial and other interference. That is very important to all of us in this House.
Noble Lords will have to excuse my sniffles; this is my second cold in two weeks. I am going to have to speak to my friend the Health Minister to suggest that having two colds in two weeks should be banned.
I add my tribute to the EROs and election staff. We have a very safe and secure system in this country, and that is down to a lot of work from our returning officers and election staff, so I am very grateful to them for all the work they do.
I will now address the individual amendments. I turn first to Amendments 10 and 11, in the name of the noble Baroness, Lady Coffey, and her Schedule 1 stand part notice. These amendments would remove measures from Schedule 1 that safeguard those under 16. This would result in electoral registration officers being required to conduct activities such as house-to-house inquiries and making telephone calls to under-16s. I say to the noble Lord, Lord Fuller—or perhaps it was the noble Lord, Lord Jackson—that election administrators are included in these discussions.
These age-based measures are important for implementing the franchise change effectively. In extending the right to vote to 16 and 17-year olds, it is vital that they are given the same opportunities as any other voter to be accurately registered. The Bill provides for people to register to vote from the age of 14, so they are ready to cast their first vote at the age of 16. This arrangement will bring significant benefits, but it must be accompanied by additional measures to protect these young people who are not yet entitled to vote. This is the approach taken throughout the Bill, which includes measures in Clauses 7 to 13 to safeguard young people’s data, mirroring the approach taken in Scotland and Wales. We should take the safeguarding of those under the age of 16 seriously, and these amendments would remove safeguards that we consider vital. I emphasise to noble Lords that it is not those of voting age who are being treated differently but those below voting age. For those reasons, we cannot support these amendments.
I thank the noble Lord, Lord Pack, and the noble Baroness, Lady Pinnock, for raising the important issue, through Amendment 123, of how electoral information is communicated to voters. We agree that the information provided to electors should be clear and accessible, and I take on board the comments from the noble Lord, Lord Pack, about polling cards. We already recognise that there is scope to improve election documentation, including poll cards, and we intend to consider how their design and clarity can be enhanced as part of wider research into how people learn about the electoral process. However, we do not believe a statutory requirement to report to Parliament within 12 months is necessary to take this work forward. Frankly, we just need to get on with it, and I am very happy to report back to the House when we have concluded our work.
I turn to Amendment 124, from the noble Lords, Lord Jackson of Peterborough and Lord Frost. As someone who was elected many times over 27 years, I recognise the importance of election results being declared promptly, and I have much sympathy with what the noble Lord, Lord Jamieson, said about this. We all want to hear our results as quickly as possible. Noble Lords have highlighted very graphically how local elections take place—so I do not need to give any further examples—and, as such, they require greater operational flexibility than parliamentary elections. Decisions about when to begin verification and counting are therefore best made by returning officers, taking account of those local circumstances. This amendment would replace that operational judgment with a rigid statutory requirement, subject only to narrow exceptions for emergencies and safety risks. We do not believe that that restriction is necessary or proportionate.
In speaking to Amendment 124, the noble Lord, Lord Fuller, raised some issues around different elections using different systems. I say to him that I recognise that there was a referendum in 2011 on different voting systems. The Prime Minister has decided the best way to take this issue forward is to initiate a national commission on electoral reform, which is the right way to start a national conversation on this issue.
I turn to Amendment 125, from the noble Lord, Lord Rennard, and the noble Baroness, Lady Thornhill. Section 10 of the Representation of the People Act 2000 already provides powers to pilot changes to when, where and how voting takes place at local government elections—powers the Government used to pilot flexible voting in the May 2026 polls and will use again in a further round of pilots in May 2027. We understand the amendment seeks to go further by enabling flexible voting to be piloted at elections beyond those currently provided for under Section 10, potentially including UK parliamentary elections. We do not believe it would be appropriate to extend the piloting power to parliamentary elections at this stage. Our priority is to continue testing these approaches at local elections and build that evidence base before considering any wider changes. I share both noble Lords’ enthusiasm for more modern and flexible voting arrangements as a matter of principle, but it is important that we test these thoroughly and build the evidence base before we go any further.
On this theme, I thank the noble Lord, Lord Jackson of Peterborough, for his Amendment 128. However, the use of electronic voting machines creates the potential for hacking, computer error and interference. Although elections are not always no-fail events for candidates—we do fail from time to time, as I have on occasion—they must be no-fail events in terms of process, and the integrity of the ballot must come first. That is why we have no plans to introduce electronic voting in the UK, and therefore it does not make sense to run pilots. I am grateful to the noble Lord, Lord Jackson of Peterborough.
I will address the amendment from the noble Lord, Lord Walney, as he is in the Chamber.
Baroness Taylor of Stevenage (Lab)
The noble Lord is quite right: any assessment of pilots must take cost into account.
I turn to Amendments 129 and 136, tabled respectively by the noble Lords, Lord Jackson of Peterborough and Lord Walney. It has been good to have the opportunity to consider this important and sensitive issue. Our electoral law must protect voters from coercion and undue pressure, while ensuring that faith leaders and communities remain free to express their religious and moral views and participate fully in our democratic life. I understand the wish of the noble Lord, Lord Jackson, to ensure that the provisions relating to spiritual injury and undue spiritual pressure continue to strike that very careful balance and remain clear and workable for faith communities, campaigners and voters alike. Examples of what constitutes “undue pressure” have been provided in the Explanatory Notes to the Elections Act 2022. I hope I can offer some reassurance that the Government continuously keep electoral law under review to ensure that it remains effective, proportionate and responsive to evidence about how it operates in practice. However, setting out a requirement for a review in statute is unnecessary.
On Amendment 136, from the noble Lord, Lord Walney, as I am sure he will be aware, spiritual injury and undue spiritual pressure are already capable of falling within the “undue influence” offence in Section 114A of the Representation of the People Act 1983. We do not consider a separate polling station offence to be necessary. Undue influence is already unlawful wherever it occurs, and the focus should remain on the coercive behaviour itself, rather than creating a separate offence based on proximity to a polling station.
Baroness Coffey (Con)
My Lords, I thank the Peers who spoke to this wide-ranging group. I am slightly disappointed by what the Minister said to my amendment. I just hope that, as soon as somebody becomes 16, there is a way for electoral registration officers to follow up on the integrity of the register to check it is valid. A whole range of things have been considered. With that, I beg leave to withdraw my Amendment 10.
“Part 3Canvass conducted in England before the coming into force of section 3Introduction
20 (1) This Part of this Schedule applies in relation to an annual canvass conducted under section 9D of RPA 1983 in the implementation period by an English registration officer.(2) The “implementation period” means the period beginning with the day on which this Act is passed and ending with the coming into force of section 3 of this Act.(3) In this Part of this Schedule—“English registration officer” means a registration officer appointed under section 8(2) of RPA 1983;“pre-commencement canvass” means a canvass described in sub-paragraph (1);“the RPR (E&W) 2001” means the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341).Modification of the purpose of a pre-commencement canvass
21 (1) In relation to a pre-commencement canvass conducted by an English registration officer, section 9D of RPA 1983 (duty to conduct canvass in Great Britain) has effect as follows.(2) Subsection (2) has effect as if it provided that the purpose of the canvass included ascertaining the names, addresses and dates of birth of persons aged under 16 who will, as a result of section 4(4A) of RPA 1983 (inserted by section 3 of this Act), be entitled (on the coming into force of section 3 of this Act) to be registered in a register maintained by that officer.(3) But the power to make house to house inquiries under subsection (5) of section 9D does not include power to make inquiries for the purpose of the matter described in sub-paragraph (2).Youth detention accommodation: no duty to canvass
22 In relation to a pre-commencement canvass conducted by an English registration officer, nothing in section 9D of RPA 1983—(a) applies in relation to the registration of persons in respect of residence in youth detention accommodation as defined in section 248(1) of the Sentencing Code;(b) requires the officer to ascertain the names, addresses and dates of birth of persons resident in such accommodation.Design of canvass communications and form
23 The Electoral Commission must design a version of the communications and form described in regulation 32ZBG(1)(a) of the RPR (E&W) 2001 (canvass communications and forms: Electoral Commission duties) for use in England in relation to a pre-commencement canvass.24 For that purpose, regulation 32ZBG has effect as if—(a) in paragraph (1) there were inserted after sub-paragraph (a)—“(aa) send the communications and form to the Secretary of State before the end of the period of 14 days beginning with the day on which the Representation of the People Act 2026 is passed;”;(b) paragraph (2) were omitted;(c) for paragraph (4)(d)(iii) there were substituted—“(iii) to provide the registration officer with the full name, date of birth and nationality of each person aged 14 or 15 who is residing at the address to which the communication relates;”;(d) for paragraph (5)(f) there were substituted— “(f) require the recipient to provide the full name, date of birth and nationality of each person aged 14 or 15 who is residing at the address to which the form is given.”;(e) after paragraph (5) there were inserted—“(6) The canvass communication B referred to in paragraph (1)(a)(iii) must require—(a) the occupier, or(b) if there is no occupier, or it is not reasonably practicable for the occupier to provide the required information, the person in charge of the premises,to provide the full name, date of birth and nationality of each person aged 14 or 15 who is residing at the address to which the communication relates.”Other modifications of RPR (E&W) 2001
25 The RPR (E&W) 2001 have effect in relation to a pre-commencement canvass with the modifications set out in paragraphs 26 to 29.26 Regulation 32ZBA (annual canvass) has effect as if in paragraph (6), after “an address” there were inserted “, or that a person aged 14 or 15 may reside at an address,”.27 Regulation 32ZBD (canvass where changes to register are likely to be required) has effect as if—(a) in paragraph (4), for “to (9)” there were substituted “to (9ZA)”;(b) after paragraph (9) there were inserted—“(9ZA) A registration officer may not visit an address in order to speak to a person aged under 16.”;(c) in paragraph (10)—(i) in the definition of “canvass form” and “paper communication”, after “designed” there were inserted “for use in relation to a pre-commencement canvass”;(ii) after the definition of “paper communication” there were inserted—““pre-commencement canvass” has the meaning given by paragraph 20 of Schedule 1 to the Representation of the People Act 2026.”28 Regulation 32ZBE (canvass where changes to register are unlikely to be required) has effect as if—(a) in paragraph (4), at the end there were inserted“; and(c) provide to the registration officer the full name, date of birth and nationality of each person aged 14 or 15 who is residing at the address.”;(b) after paragraph (7) there were inserted—“(7A) If, after complying with the requirements of paragraphs (3) to (6), a registration officer—(a) has reason to believe that a person aged 14 or 15 may reside at the address, and(b) is not aware of that person’s full name, date of birth or nationality,the officer must conduct the annual canvass in accordance with regulation 32ZBD in respect of the address.”;(c) in paragraph (8), after “designed” there were inserted “for use in relation to a pre-commencement canvass”;(d) after paragraph (8) there were inserted—“(9) In this regulation, “pre-commencement canvass” has the meaning given by paragraph 20 of Schedule 1 to the Representation of the People Act 2026.”29 Regulation 32ZBF (canvass in respect of particular types of property) has effect as if—(a) in paragraph (4), for “paragraph (5) or” there were substituted “paragraphs (5) and (5ZA) or paragraph”;(b) after paragraph (5) there were inserted— “(5ZA) The registration officer must attempt to make contact with the responsible person and must request the full name, nationality and date of birth of each person aged 14 or 15 who is residing at that property.”;(c) in paragraph (6)—(i) for “paragraph (5) or” there were substituted “paragraphs (5) and (5ZA) or paragraph”;(ii) after “appropriate” there were inserted “(subject to paragraph (6A))”;(d) after paragraph (6) there were inserted—“(6A) A registration officer may not visit the property in order to speak to a person aged under 16.”;(e) in paragraph (7), for “paragraph (5) or” there were substituted “paragraphs (5) and (5ZA) or paragraph”;(f) in paragraph (8), for “paragraph (5) or” there were substituted “paragraphs (5) and (5ZA) or paragraph”.Retention of information
30 (1) Where an English registration officer obtains personal information relating to a person aged 14 or 15 when conducting a pre-commencement canvass, the officer may retain that information until the end of the specified day.(2) The “specified day” is the earliest of—(a) the last day of the period of 6 months beginning with the day on which section 3 of this Act is commenced,(b) the day on which the registration officer receives from the person an application made under section 10ZC of RPA 1983 for registration in a register maintained by the officer, and(c) the day on which the registration officer gives the person an invitation to apply for registration under section 9E(1) of RPA 1983.(3) Nothing in this paragraph affects the ability of the registration officer to otherwise lawfully retain the information described in sub-paragraph (1) after the specified day.(4) In this paragraph,“personal information” means a person’s name, address, email address, telephone number, date of birth or nationality.”Member’s explanatory statement
This amendment would enable a registration officer carrying out a canvass in England before Clause 3 of the Bill (entitlement to be registered before reaching voting age) comes into force to obtain information about 14 and 15 year olds and to retain that information for use when inviting those persons to register once clause 3 is in force.
Lord Jamieson (Con)
My Lords, I will be part of the agreement across the Committee on this one. I am grateful to my noble friend Lord Hayward for introducing these amendments and agree with all of them as a point of principle—to be slightly different from the noble Lord, Lord Pack.
We need this debate on the complexity of electoral law and administrative bureaucracy. I echo the Minister in recognising and thanking electoral returning officers for their job. It is not an easy job, as various noble Lords have made clear, to deal with all the legislation. The noble Lord, Lord Pack, said that just two Acts added up to over 1,100 pages. They are long, complex, inconsistent and, on occasion, in conflict. Electoral returning officers have to deal regularly with new regulations, guidance and changes. It is a surprise that anybody actually wants the job.
In addition to dealing with that, there is the sheer difficulty of running the operation. You may be dealing with 200-plus polling stations. You have to make sure that you get all your polling booths to them. You have to send out thousands of postal votes and rely on the postal system, which itself always has the potential for error. You have to make decisions on the spot in order to overcome all these various things. The Bill then prescribes, as my noble friend Lord Hayward has said, exactly how someone is supposed to do the job and who in the council is supposed to do the job and, as my noble friend raised, includes that specific point about requiring all staff to be made available. What happens if all staff are not willing to be made available? What sanction can the chief executive have? Will it be part of their work contract? What about needing them potentially to be made available to another neighbouring authority that needs more people? The system works. The EROs get the job done. It is a difficult job and, as I said in my previous speech, we should trust them.
I will go through some of these amendments, beginning with Amendment 13 to Clause 7(4)—reiterated in Amendment 16 to Clause 14—which defines “absent voters records”, “overseas elector lists”, “overseas elector’s declaration”, “registration officer” and “voter register”. Subsection (5) then clarifies the roles of a deputy electoral registration officer and a person assisting the electoral registration officer. My noble friend has already raised concerns over how other Whitehall departments determine this. I can go on through all the various clauses—and that is before I get on to the clauses that my noble friend has opposed in order to prompt this debate.
It is clear that our electoral system, local government and layers of administrative bureaucracy are complex. We are fortunate to live in a parliamentary democracy and to work in a system that has evolved, relatively organically, over time. Some legal complexity is perhaps expected, but we are concerned that, rather than seeking to improve the situation, some provisions in the Bill risk unnecessarily increasing the bureaucracy and practical complexity. I will not go through it all, but it is very clear from across the Committee that the Bill is overly complex, adds complexity and does not do what it should do, which is to make life simpler and more certain.
I hope that the Minister will take on board some of the recommendations made by noble Lords on how and where electoral law and administration could be made a little less complex without weakening the system’s strength, especially at the local level. In fact, by increasing consistency and simplifying where appropriate, it would strengthen the system. Perhaps the Minister can give an indication of what further government amendments we can expect.
Baroness Taylor of Stevenage (Lab)
I am grateful for this debate; it has been a very interesting subject to discuss. Knowing the noble Lord, Lord Hayward, I am sure he will have equally lobbied his own side on these issues before the Bill came to the House. This is the first election law I have dealt with, but I am sure that he will have been urging his own side to consider these issues in all the legislation that has gone through in the previous 14 years.
This Bill came forward to serve three specific purposes: to introduce voting for 16 and 17 year-olds, which is a manifesto commitment from my party; to take steps towards automatic voter registration, so as to tackle the under-registration of some 7 million to 8 million people; and, lastly, to tackle overseas political finance. During the course of the Bill, some of those issues have been the subject of much public debate, and we have had the Rycroft review of political finance, which has added to the Bill. There will be further amendments which will, I think, be laid on 9 November. In response to the request from the noble Lord, Lord Jamieson, he will have sight of amendments before we get to a further day of Committee on this Bill.
The consolidation of electoral law is a key issue. I have heard loud and clear, both at Second Reading and in the engagement meetings I held with noble Lords, the importance of doing this. In the process of the Bill, it is not possible to tackle the whole consolidation of all election law—I am sure it is even more than the number of pages that the noble Lord, Lord Pack, outlined. However, it is important we take that on board and look at what the process is going to be for what is certainly a job that needs to be done. I am going to take that back to the department and, at a later stage of the Bill, I will come back to it, because I understand what noble Lords are saying.
I took very seriously the comments of the noble Lord, Lord Hayward, about read-only access to registers, which he made during the previous session, and I pushed for more information on this. There are complexities around the localised nature of the register. In effect, we have 300 separate electoral registers, which is probably the point that the noble Lord was making around data protection. I will do some more work on this and I am happy to discuss it with him further in due course.
I recognise the broader concerns the noble Lord has around the complexity of electoral law and the administrative burdens which are placed on those responsible for delivering our elections. However, removing from the Bill important provisions which contain essential legal definitions, which his amendments would introduce, is not the right way to address either of those concerns. The legal definitions clarify the scope of the provisions so that it is clear who is captured by them—namely registration officers and those assisting registration officers—and confirm that the measures do not attach to absent voting lists which relate only to devolved elections. These clauses are not unnecessary additions. They contain substantive measures designed to improve the operation of our electoral system, as well as definitional information to aid the proper interpretation and application of the law.
The noble Lord asked specific questions about the measures on electoral registration officers and returning officers. Electoral registration officers and returning officers carry personal legal responsibility for functions fundamental to the effective operation of our democracy. Discharging those responsibilities requires access to staff, premises, systems and other resources from across the local authority, often within tightly prescribed statutory timetables and during periods of considerable operational pressure. Requiring ultimate responsibility to rest with an appropriately senior officer will help ensure that the officeholder has sufficient organisation-wide authority and accountability to secure the necessary support and provide effective oversight. This is a proportionate safeguard to ensure that returning officers have the authority and access to resources they need to run elections effectively. It provides a clear minimum standard, while leaving local authorities flexibility over whom they appoint within that framework.
The Committee will have the opportunity to debate all the measures in the Bill as it progresses. The Government will continue to make their case for each of them, but I assure the noble Lord I am listening carefully to all views expressed in the Committee.
I thank the noble Lord for his clause stand part notice on Clause 44. I will explain briefly the importance of this clause to the Bill. At present, political parties cannot withdraw their support for a candidate once the nomination papers have been submitted, even when serious issues arise. Clause 44 enables parties to act where concerns arise during the nomination period. The scope of the provisions is very carefully limited. Support may be withdrawn only up to 48 hours before nominations close, ensuring the candidate still has time to stand independently or for another party, and the party can nominate a replacement. This clause forms part of a suite of new safeguards designed to protect the integrity of elections and prevent and deter personation or false nominations. Removing it would weaken the Bill.
I have listened carefully to the debates, particularly on the consolidation of election law, and I am very happy to continue those discussions.
Lord Hayward (Con)
I thank the Minister for her comments in general, and I want to continue the conversation. I seek clarification on her last comments about the particular clause. Are her comments fully supported by both the Electoral Commission and the AEA on behalf of returning officers?
Baroness Taylor of Stevenage (Lab)
My understanding is that that the EC and the Association of Electoral Administrators were consulted on provisions in the Bill, but I will go back and check and answer the noble Lord in writing.
Lord Hayward (Con)
I have heard some interesting comments from the Minister and, as I indicated just now, I appreciate her offer to have further conversations in relation to the specific matters. I think we all knew that, on the question of consolidation, sadly, we are going to have to live with Encyclopaedia Britannica, whether it is on AI or any other system, for the future. It is grotesquely challenging for everybody who is involved. However, on that basis, I beg leave to withdraw my amendment.
Baroness in Waiting/Government Whip (Baroness Ramsey of Wall Heath) (Lab)
My Lords, we will now move to the lunch-break business. We will therefore not return to the Bill before one hour and 15 minutes from now. However, to clarify, we will not cut short the 90-minute debate for the SI; this is just in case it finishes earlier, and we can resume Committee business.