Proportional Representation: House of Commons

Layla Moran Excerpts
Tuesday 23rd April 2019

(5 years, 1 month ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

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Layla Moran Portrait Layla Moran (Oxford West and Abingdon) (LD)
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It is a pleasure to serve under your chairmanship, Mr Evans.

I am a Lib Dem partly because I believe that we need extraordinary change in our political system. I am delighted by the damascene conversion that has happened, but as hon. Members have eloquently said, when someone is under the umbrella of a party that helps to deliver the safe seats, it is all too easy for them to forget that they are not necessarily representing everyone in the constituency. While I appreciate what some have said about ensuring that they as MPs are there for everyone, I think we all know of Members of this House who do not always behave that way, and who, because they are in a safe seat, choose instead to campaign to and speak to only the part of their electorate that they feel will deliver them the next election. Whatever proportional system we end up delivering, it must fundamentally challenge that situation.

I say that having won a marginal constituency at the last snap general election. We were nearly 10,000 votes behind the Conservatives in Oxford West and Abingdon. I will be perfectly honest: I did not think I would win. When I found out the election was happening, I called up a future employer, with whom I had taken a job as a deputy head—it was my first deputy headship, and I was really excited—and said, “If you want to make some money, put a bet against me. There’s no way I can make that up in one election.” I am sorry to say that they lost money, but I will go to their prize-giving in a few weeks’ time, so that is the quid pro quo.

The question is how we did it in Oxford West and Abingdon. Anyone who has ever campaigned will have seen Lib Dem election leaflets saying, “X can’t win here,” and that is what we did in my constituency. The Labour party vote came over. I was in a pub the other day, having a pint with some of the chaps who are often there, and one said, “I’m a member of the Labour party, and I can’t tell you I voted for you, because I’d get thrown out of the party.” He should not have had to make that confession. He should not have to hide that from people. The fact is that we won because of a broad church of voters. I appreciate and understand that I was not his top choice, but he was happy to say, “I’m proud to have voted for you anyway.” We had to get to the point where the Green party stood down in Oxford West and Abingdon to send that message, so that we could win. Yes, we made up that difference. I live in a marginal constituency, and am I happy about that.

What kind of system would I want? I advocate something like alternative vote plus. A lot of work was done on this a long time ago. We need a root-and-branch reform of the whole way that we do politics. That should cover not just proportional systems, but overseas electors and votes at 16. We need a proper look at the entire convention on how we do politics in this country—not just the x in the box, but everything, including how we campaign and how we represent people. That is why we need a more proportional system.

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Kevin Foster Portrait The Parliamentary Under-Secretary of State for Wales (Kevin Foster)
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Thank you, Mr Evans. I will make sure to follow your guidance and leave a minute at the end. I thank hon. Members, particularly the shadow Minister, the hon. Member for Lancaster and Fleetwood (Cat Smith) and the SNP spokesperson, the hon. Member for Edinburgh East (Tommy Sheppard), for their warm wishes for my first debate in this role.

The Government welcome this debate and the opportunity to address the important issues that have been raised by hon. Members, as well as the online engagement around the debate. Unsurprisingly, hon. Members have made their arguments eloquently, but given the time, I will not have a chance to analyse each individual point—not least given the myriad systems that have been suggested, which could take some time to explain. Ultimately, how we select our representatives in Parliament is of fundamental importance and hon. Members rightly have strong views. The voting system used by voters is central to that concern and goes to the heart of our democracy. The Government are committed to ensuring that the laws governing our elections are clear and accessible, and generate the greatest degree of confidence in the outcome of elections.

Under the first-past-the-post system, electors select their preferred candidate for their constituency. The candidate with the largest number of votes wins and the party with the largest number of elected candidates may form the Government, if they achieve the confidence of the House.

Layla Moran Portrait Layla Moran
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Does the Minister accept that people are often voting for someone who is not their preferred candidate? Under first past the post, they are voting for someone they like best and who they think can actually win, which leads to large numbers of people feeling as if they have been cheated of their first preference.

Kevin Foster Portrait Kevin Foster
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Everyone has a choice as to how they use their vote. Even under the alternative vote system, which the Liberal Democrats argued for in the referendum seven years ago, people would find themselves having to make a decision when they got to their second or third choice, and in fact, their vital choice might be the fourth or fifth one, which they did not believe would necessarily be the vital one.

People have a choice and they know the impact of their vote and how it might choose a Government. Under any voting system, people have a choice to make about how they wish to use their vote: do they wish to vote for a major party that may select and put forward the Prime Minister or for a minor party so that it can be represented in the House of Commons? I do not think that any voting system, particularly if we want to maintain the constituency link, which many hon. Members have said is important, or if we have single-Member constituencies and a Member of Parliament already secures more than 50% of the votes cast, will change the overall outcome.

The first-past-the-post system is a clear and robust way of electing Members of Parliament. It is well understood by the electorate, and they know how their representatives in Parliament are selected and the impact of their vote. Crucially, it ensures a clear link between elected representative and constituent in a manner that proportional representation systems do not. That ensures that MPs can represent the interests of their constituents when debating national issues. The Government therefore do not support proportional representation for parliamentary elections because they consider it to be more opaque and complicated without delivering the clear benefits of the first-past-the-post system.

Comptroller and Auditor General

Layla Moran Excerpts
Wednesday 6th March 2019

(5 years, 2 months ago)

Commons Chamber
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Layla Moran Portrait Layla Moran (Oxford West and Abingdon) (LD)
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Madam Deputy Speaker, as you know I am a newer Member to this House. There is no better apprenticeship for being an MP than sitting on the Public Accounts Committee. I would like to start by placing on the record my thanks to the hon. Members for Hackney South and Shoreditch (Meg Hillier) and for The Cotswolds (Sir Geoffrey Clifton-Brown) for chairing our Committee so ably.

Without the National Audit Office and without the robustness of its reports, we could not do the job we do quite as well as we do. I pay tribute to Sir Amyas Morse who, right from the get-go, has been—the hon. Member for The Cotswolds said exactly this—unfailingly courteous. That is the first thing one notices about him: that easy smile. Behind that, however, is an intelligence of steel. He has a knack for calling out obfuscation, fudge and imprecision in our civil service, but also a reputation for being completely fair. That is exactly what we in the Public Accounts Committee aim to do. I will genuinely miss him and I wish him all the very best.

I am looking forward very much to working with Gareth Davies. We grilled him. Believe me, we did not give him an easy ride when he came before the Committee for his appointment. I was interested to know in particular, as a trustee of Oxfam and Save the Children, what part he had played in their recent scandals and what he had learnt from them. I have absolute confidence that that and all his other experience will bring great things to the NAO. I very much look forward to working with him.

Question put and agreed to.

Oral Answers to Questions

Layla Moran Excerpts
Wednesday 6th February 2019

(5 years, 3 months ago)

Commons Chamber
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David Lidington Portrait Mr Lidington
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The motion also said, of course, that subject to those changes, those who voted for it would be willing to accept the withdrawal agreement. Talks are continuing with the so-called Malthouse group, but my right hon. Friend the Prime Minister spelled out in Belfast yesterday how she intends to take forward the work following the vote for the amendment in the name of our hon. Friend the Member for Altrincham and Sale West (Sir Graham Brady).

Layla Moran Portrait Layla Moran (Oxford West and Abingdon) (LD)
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Q13. The premise for the Oxford-to-Cambridge expressway has never been consulted on, yet this multibillion-pound, multi-lane highway is set to carve through the landscape between Oxford, Milton Keynes and Cambridge and will affect millions of people. A consultation is due to start on the route options later this year, but will the Minister guarantee today that there will also be a formal consultation on whether the expressway is the right thing to do at all?

David Lidington Portrait Mr Lidington
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The expressway is part of a strategic plan for the Oxford-Cambridge corridor, which is probably the best opportunity for economic growth, innovation and job creation anywhere in Europe at the moment. Like the hon. Lady, I speak as somebody who has a constituency interest—not just a Government interest—in this. There will be a public consultation on route options later this year. There will then be a public consultation on the preferred route, and communities will be able to comment on all aspects of the expressway during those consultations.

Oral Answers to Questions

Layla Moran Excerpts
Wednesday 9th January 2019

(5 years, 4 months ago)

Commons Chamber
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Theresa May Portrait The Prime Minister
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I will certainly look at the possibility of taking my right hon. Friend up on that invitation. He makes an important point about the announcement we made on Monday. Our right hon. Friend the Health Secretary has heard what he says about the particular requirements at Whipps Cross Hospital, and will be happy to sit down and talk with him in more detail about that. I will certainly look at my diary and look at his invitation.

Layla Moran Portrait Layla Moran (Oxford West and Abingdon) (LD)
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Q7. I would like to add mention of my own sadness at the passing of Paddy. In his final weeks, he was very concerned about the way that Brexit would play into Britain’s place in the world.

None Portrait Hon. Members
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Shame!

Layla Moran Portrait Layla Moran
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Brexit, for example, is clearly in Russia’s geopolitical interest. It was chilling to hear Vladimir Putin parroting exactly the words of the Prime Minister on why we should not hold a referendum but instead

“fulfil the will of the people”.

Meanwhile, poll after poll shows there is a majority for a referendum, because people can see that the Prime Minister’s flailing deal is not in our national interest. So whose side is this Prime Minister on: Putin’s or the people’s?

Theresa May Portrait The Prime Minister
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I am on the side of the people, to whom this Parliament gave a vote on the decision as to whether to stay in the European Union. We will be delivering on and respecting the result of that referendum, and delivering on Brexit.

European Council

Layla Moran Excerpts
Monday 17th December 2018

(5 years, 5 months ago)

Commons Chamber
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Theresa May Portrait The Prime Minister
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I say to my hon. Friend that being on the side of the people is about ensuring that this Government deliver on Brexit, and that is what we will do.

Layla Moran Portrait Layla Moran (Oxford West and Abingdon) (LD)
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At the weekend, it was reported that the former Prime Minister, David Cameron, had been taken on board as a backseat driver of this process. I have to say that, given that he was the original architect of this mess, I was slightly concerned about that. What exactly is the former Prime Minister’s role in this, when exactly was the last time she spoke to him and what advice is he giving her?

Theresa May Portrait The Prime Minister
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The former Prime Minister is not giving advice. The last time I spoke to him was when we agreed the withdrawal agreement. It was when I spoke to two former Prime Ministers, as a matter of courtesy, to inform them what had been negotiated with the European Union.

Exiting the European Union: Meaningful Vote

Layla Moran Excerpts
Tuesday 11th December 2018

(5 years, 5 months ago)

Commons Chamber
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David Lidington Portrait Mr Lidington
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What the businesses and farmers whom I have talked to in Wales, and in my constituency and many other parts of the country, have said is that they want hon. Members from every political party to get behind the deal and get it in place as rapidly as possible, so that they can have the certainty and clarity of the transitional period and can plan investment and job creation decisions that are currently being held while that uncertainty prevails.

Layla Moran Portrait Layla Moran (Oxford West and Abingdon) (LD)
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Does the right hon. Gentleman accept that, while the Prime Minister may have had plenty of time to speak about this, we have not? We did have 15 hours of debate in which we could have presented the case for our constituents—for me, that includes the university sector, the automobile sector and the science sector. Two Ministers have gone who used to cover those portfolios because they can now see the effect that this is going to have. Does he not understand the intense frustration on the Opposition side with this Government, who will not let us speak up for our constituents?

David Lidington Portrait Mr Lidington
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For the reasons that I have already set out, there have been many hours already, including the three days so far of debate on the meaningful vote, in which Members of Parliament from all parts of the House have been able to express those views.

Exiting the European Union

Layla Moran Excerpts
Monday 10th December 2018

(5 years, 5 months ago)

Commons Chamber
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Theresa May Portrait The Prime Minister
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I absolutely agree with my hon. Friend. Indeed, I receive messages from across the country from people who voted to remain who say, exactly as he has, that they would now vote to leave because they believe in the importance of recognising and honouring the result of the referendum.

Layla Moran Portrait Layla Moran (Oxford West and Abingdon) (LD)
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The Prime Minister today asks whether this House wants to deliver Brexit. Well, I am more interested in whether my constituents do. Since she brought this deal to the House, 85% of the letters that I have received are in favour of a people’s vote with the option to remain. She also says that we need to be honest about the risks. I can tell her that my constituents know very well those risks. They are dismayed at the mess here, and they now consider it the least worst option. By denying the will of the people of Oxford West and Abingdon and of others across this country, is she suggesting that they do not know what they are asking for?

European Union (Withdrawal) Act

Layla Moran Excerpts
Tuesday 4th December 2018

(5 years, 5 months ago)

Commons Chamber
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Vince Cable Portrait Sir Vince Cable
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My right hon. Friend is absolutely right, and he speaks with the authority of his Select Committee. Many universities will be among the biggest casualties of Brexit precisely for this reason. The loss of the Horizon and Erasmus programmes, and in some sectors the loss of Galileo, will be a major blow to the UK economy.

On the specific issue of trade deals, the countries that really matter are the United States, India, China and possibly Russia. We know about the United States, which has made it absolutely clear that an “America first” trade agreement will mean fewer British exports to the United States and more imports to Britain from the United States. It is quite unambiguous about how it defines a successful trade deal. When the right hon. and learned Member for Rushcliffe (Mr Clarke) and I negotiated with the United States on the Transatlantic Trade and Investment Partnership agreement, even the milder Obama Administration made it clear that they wanted British food standards to be shredded and that they could offer very little in return because public procurement, which is a key issue in the United States, is a state function.

Agreement with India is also difficult to achieve, as we have already heard. It is a very protectionist economy, and it would offer limited access for whisky and financial services in return for a substantial increase in visas for relatively low-paid Indian professional workers, which the Prime Minister has already specifically ruled out. The Chinese might reach an agreement, but only if we turned a blind eye to Chinese practices on intellectual property and the rest, and we are trying to impose more sanctions on Russia, so what kind of a trade deal could we possibly get there? This really is a fantasy. However, we need to be careful—this is where the amendment of the right hon. Member for Leeds Central (Hilary Benn) is so important—that we do not allow the development of the argument that we must have the possibility of no deal. There was an argument for saying that the no-deal option must be kept on the table when we were negotiating with the European Union, but an agreement has been reached and no better terms are going to be obtained. The Prime Minister is now negotiating with the House, and that is why no deal is there. It is not to threaten Europe, but to threaten us, and we must stand up to that and reject it absolutely.

Finally, a people’s vote is essential because we must give people the choice now that we know what Brexit means. We need informed consent, not just an opinion expressed on promises made at the time. The perfectly reasonable argument has been advanced that we want to bring the country together, and the Prime Minister spoke eloquently about that. We do not want to perpetuate division, but the brutal truth is that the country is bitterly divided, and it will be bitterly divided if we leave under the terms that the Government have negotiated. We will be entering into a set of conditions in which the economy will deteriorate relative to how it would have performed in the European Union. The younger generation coming through will bear the brunt of the costs. Most of them voted to remain in the EU—an estimated 80% of 18 year olds wish to remain—and there will be great bitterness and resentment about what the older generation has imposed upon them. The issue will not go away, and there will be continued demand for a further vote on the question.

Layla Moran Portrait Layla Moran (Oxford West and Abingdon) (LD)
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Does my right hon. Friend share my concern that the Prime Minister’s gambit that this will somehow be the end of the matter is not true? The 26-page political declaration is just the start of further negotiations, and people deserve the right to say whether they want to continue talking about Brexit and to suck the air out of this Parliament’s ability to tackle the big issues in this country.

Vince Cable Portrait Sir Vince Cable
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That is absolutely right, and none of us should be under any illusion that this issue is going to die in March next year. As my hon. Friend points out, we will have five or 10 years of continued negotiation about what type of trade relationship we have, and there will be bitter divisions around that. We will have a great deal of disillusionment with the costs that Brexit will inevitably entail and continued demands to return to the issue. Let us agree to have another vote on Brexit now that we know what it is. That is the least damaging and least hurtful way that we can proceed as a country.

Oral Answers to Questions

Layla Moran Excerpts
Wednesday 21st November 2018

(5 years, 6 months ago)

Commons Chamber
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Harriett Baldwin Portrait Harriett Baldwin
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The hon. Gentleman is part of a Front-Bench team that does not seem to believe in the role of the private sector at all. The Government believe that to reach the sustainable development goals—some $2.5 trillion is needed to achieve them—we need to be able to crowd in investors into other sectors. I can reassure the hon. Gentleman that we continue to put significant funding—some £5.8 billion—towards ensuring that more people around the world have access to clean energy.

Layla Moran Portrait Layla Moran (Oxford West and Abingdon) (LD)
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4. What recent representations her Department has made to the (a) EU and (b) World Bank on funding for the United Nations Relief and Works Agency for Palestine refugees in the near east.

Alistair Burt Portrait The Minister of State, Department for International Development (Alistair Burt)
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The UK has made official-level representations to the EU and World Bank over the past three months on the position of UNRWA. We will continue to work with UNRWA and our international partners to help ensure essential services are maintained, despite the United States’ withdrawal of funding.

Layla Moran Portrait Layla Moran
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Given that President Trump can now in no way be considered an honest broker in this matter, is it not time that Britain stepped up to the plate and led? Will the Government consider hosting a donor conference to make up the shortfall in funding? Further, will they support my Palestinian statehood Bill, which I will be introducing to the House later today?

Alistair Burt Portrait Alistair Burt
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On the hon. Lady’s second point, she will be aware that the recognition of Palestine remains a matter for the United Kingdom’s judgment in the best interests of peace and the peace process, and we hold to that. On support for UNRWA, we continue to work with other donors and urge them to step in to assist in filling the gap in funding. We have done that with other states and we are doing that with the EU and the World Bank. We will continue to do so. We have increased our contribution this year to £57.5 million to help vulnerable Palestinians in relation to health and education. We will continue to support UNRWA.

Overseas Electors Bill (Third sitting)

Layla Moran Excerpts
Wednesday 31st October 2018

(5 years, 6 months ago)

Public Bill Committees
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Alex Norris Portrait Alex Norris
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It is a very important consideration when choosing whether to cast a ballot, but I do not think it is a material consideration when choosing whether to register to vote. We certainly would not tolerate that at home. There are significant penalties attached to not registering, so we would not be persuaded if a person had a knock on the door and their answer for why they had not registered was, “I don’t fancy the candidates very much.” The Minister has made the important assertion multiple times that she sees no difference between an overseas and a domestic elector, so I am not persuaded of that point.

Secondly, I reflected on the point made by the hon. Member for Beckenham that an extra seven working days, with a weekend in there too, was maybe too long. Again, the review would get to the bottom of that. Electoral administrators will know for how many days after an election they are still getting votes by post—I bet they hate that, but it must happen, and I bet there are some hilarious stories about votes coming in six months after too. In general, they will get votes coming in the day after polling day, and I am sure they look at them in great frustration. How many days is that true for? It probably has a half-life and diminishes by whatever the inverse of exponential is.

Alex Norris Portrait Alex Norris
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I thank the hon. Lady, who clearly gave more consideration to her mathematics studies than I did. I do have a maths A-level, and my hon. Friend the Member for City of Chester will be amazed to learn that I got an A grade. I am very proud of it.

A relatively quick conversation with electoral administrators will determine whether we need a couple of days or three days and whether an extra week would be superfluous. That lends more weight to the case for a review.

When I moved previous amendments, the hon. Member for Montgomeryshire and other hon. Members said that what I was suggesting might have halted the Bill’s progress, which was undesirable, but this proposal would not halt the Bill’s progress. It would set in train an entirely separate process and would strengthen the Bill because we would have a true understanding of how we might need to improve our system. I reiterate the point that we should listen to our electoral administrators, who are really good and who know about this issue. They have said that consideration needs to be given to it, so we should back them and do it.

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Brought up, and read the First time.
Layla Moran Portrait Layla Moran
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I beg to move, That the clause be read a Second time.

It is a pleasure to serve under your chairmanship, Ms McDonagh. Now I have the right clause in my head. The other one was about overseas constituencies, and I am partly sad that that did not pass, but this is the clause that I feel passionately about. New clause 2 tackles, or tries to start to tackle, some of the issues around donations that will arise as a result of this Bill. I prepared the clause with the Electoral Commission and we have had many conversations about its concerns regarding donations to do with this Bill. I strongly urge hon. Members from across the House to bear some of these things in mind.

The issue arises because by removing the 15-year time limit we will by definition have many people who were not at some point in the past on the electoral register. The way that political parties are currently allowed to accept donations is that it is quite easy to look up whether someone has previously been on the electoral register at some point in the past 15 years. Let us face it, we probably have the data from the lists that we have kept over the years. Even if someone came to us and said, “Right, I’ve been living in Belgium”—or Cambodia, or whatever—“and I would like to make a donation. I was on the electoral register at this address at this time,” it would be very easy for us to check.

The problem with this Bill arises because there will now be a large number of people who are absolutely—as is right—British citizens and allowed to vote, who will now be allowed to make political donations but will not have been on the register at any point in the last 15 years. What the Electoral Commission would like, which is not what I have proposed, is clarification in law that someone has to be on the register now in order to make a political donation, so that that grey area is completely removed.

We could say, “Well, you could just make sure they are registered,” and a political party could just ensure they are on the register. The problem arises because there is a Supreme Court judgment from 2010 that said that political parties, and anyone accepting a donation, must bear in mind the permissibility of being on the electoral register. They do not have to be on the electoral register; they just have to be allowed to be on the register by the current law.

This Bill thus opens up a large number of people who could possibly donate into the UK and puts a huge onus on political parties to decide whether to accept the donation. In this new clause we are simply asking for a report. I know that reports are all the rage in all these new clauses, but the report would come after the Bill was enacted and would not stop anything, but would ask the Government to look carefully at the specific matter of donations to do with this Bill.

I know that the Minister has said in other arguments that the Government want this to be a very closely defined Bill, and I understand that. However, the problem I am raising arises only because of the Bill, so it is right to make a provision to assuage the Electoral Commission’s concerns about the issues that it will bring up. We are asking for a simple report on, first, whether political parties have faced situations where they could not tell whether donations coming in were from permissible donors. Incidentally, the flip side of that is that British citizens who are now within their rights to vote and want to be able to donate to political parties will have trouble doing so. We need to ensure that that is as easy as possible. Secondly—this is critical—the Electoral Commission is worried about its ability to enforce whether donors are permissible.

Ben Bradshaw Portrait Mr Bradshaw
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The hon. Lady may or may not be aware that the biggest donation to the Democratic Unionist party in political history was made during the referendum campaign and we still do not know whether the donor was permissible. The Government’s refusal to backdate the change in the rules to make donations in Northern Ireland transparent means that we do not know, and possibly never will know, the source of that money. She will be aware that that is of great concern to many parliamentarians and the Electoral Commission, as well as to investigative journalists and the people of Northern Ireland. They have been trying to get to the truth of whether that money, which bought hundreds of thousands of pounds of advertising in the rest of the UK—it was not spent in Northern Ireland, and some of it was spent on Cambridge Analytica—in effect helped to buy the referendum.

Layla Moran Portrait Layla Moran
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I thank the right hon. Gentleman for his helpful intervention. In fact, I asked the question in Northern Ireland questions today. We can leave aside what is going on with the referendum, the investigation into Vote Leave and all the rest of it, but also we cannot. The public are keenly aware, now more than ever, that there is a potential problem with political donations and interference from abroad. This new clause would allow a mechanism to say to the public, “We understand your concerns and we promise to take them into account.”

I credit the Minister. I think she does a fantastic job, and I have said that to her. She said that during the course of her normal working life she will talk to the Electoral Commission as issues arise and all the rest of it, and I absolutely agree, but I think we need to send a strong signal to the public that we are taking the issue seriously. The new clause is an opportunity to do that, as a direct consequence of how electors will be allowed to enter registers in this country. I urge everyone to support the new clause, partly because it is the right thing to do, partly because the Electoral Commission has specifically asked for it and partly because it would send a strong signal to the public that we take foreign donations seriously and that this Government will ensure that if there are any shenanigans, they will be caught comprehensively—not as we go—and dealt with.

Christian Matheson Portrait Christian Matheson
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I congratulate the hon. Lady on bringing forward the clause and her introduction to it. It was very welcome and had great clarity. She touched, as did my right hon. Friend the Member for Exeter, on some of the more unpleasant and unpalatable reasons why the new clause is necessary. Despite overseas donations from overseas citizens or citizens based outside the UK being prohibited, there are still mechanisms whereby Russian money, for example—it is in the news at the moment—might find its way into a campaign or political party to try to distort UK democracy. We need to be clamping down on that. That is not simply the case of some Russian billionaire who happens to have somehow mysteriously been given a British passport having a tennis match with two leading politicians. There are more discreet channels for siphoning money into British politics and distorting it.

The hon. Member for Oxford West and Abingdon makes a clear point. The hon. Member for Montgomeryshire —he is in charge of the Bill—said earlier that the new clause would be a delaying mechanism, but it would not delay the Bill and it would give a sense of certainty and clarity. More importantly, it would focus people’s minds on the importance of being wary of dirty foreign donations—I use that word with consideration—and forces that would malignly seek to intervene in our democracy. As such, the new clause is most welcome, and I pay tribute to the hon. Lady for introducing it.

The new clause requests that the Secretary of State

“prepare and publish a report on the effects of the provisions of this Act on...the ability of political parties and campaigners to determine the permissibility of donations from persons resident overseas, and...the ability of the Electoral Commission to take enforcement action where the rules on such donations have been breached.”

I have previously mentioned concerns about registration. It is more difficult to take enforcement action against persons living overseas. Again, that is why the consideration given by this new clause is important.

The Association of Electoral Administrators has expressed significant concern about the consequences of the Bill for the integrity of UK election campaigns, leaving the door wide open to unchecked foreign donations to UK election campaigns. There is widespread fear that, without proper preparation, the Bill could open floodgates to wealthy overseas donors having undue financial influence over our elections.

Our democratic system must continue to prevent elections from being influenced by wealth. At a time when public trust in politicians is pretty much at an all-time low, due to revelations about, for example, overspending by the Vote Leave and BeLeave campaigns—my right hon. Friend the Member for Exeter alluded to some of that in his intervention—it is important and is in the Government’s interests to put in place robust legislation to prevent foreign money from unfairly influencing our elections. We must avoid developing an American-style system, in which the voices of the most wealthy are elevated above all the rest.

An influx of unfair and illegitimate foreign donations could have a detrimental impact on the integrity of our democracy. Our reason for supporting the new clause is that one perhaps unwitting and unintended consequence of extending the franchise—along with all the difficulties that we have discussed in debates on previous amendments, such as the pressures on electoral registration officers or the investigatory ability of the Electoral Commission—could be to make it easier for dodgy foreign donations to get through and to taint and contaminate our democracy.

I will make a point that is perhaps a little party political, but I will make it anyway. Not always, but most of the time, those donations tend to go in one direction when they reach the UK. I ask Ministers to think carefully about whether there are any unintended consequences from the Bill.

The Government should intend to clarify in legislation that a person must be included in a UK electoral register at the point when the donation is made in order to be a permissible donor. According to the Electoral Commission, changes to the eligibility of overseas voters will present practical difficulties for political parties and campaigners to determine the permissibility of donations.

The complexity of overseas registration, as discussed in previous sittings, will cause practical difficulties when it comes to verifying campaign donations. In the case, for example, of a one-off referendum—we have seen it; my right hon. Friend the Member for Exeter alluded to this—someone can make the donation and it can have its effect and change the nature of a campaign. Yet by the time the permissibility or otherwise is established, the decision has been taken one way or another and that donation has had its desired effect. It may well be, as with the case of dodgy dealings in the referendum, that somebody gets a slapped wrist and pays a fine. These are very rich people, by the way, who can afford to pay those kinds of fines. There has to be some kind of enforcement or verification at the time that the donation is made.

The Government are yet to clarify if a person must be included in a UK electoral register at the point when a donation is made in order to be a permissible donor. The precedent was set by the Supreme Court, and the Opposition feel it is important that that provision should be set out in legislation. The Supreme Court judgment of 2010 ruled that a donor’s eligibility to be registered was a significant factor in deciding permissibility. The 2010 judgment related to a donation made by a UK citizen and a UK Independence party member, who was eligible to register as an overseas voter but who, at the time that some of the donations were made to UKIP, was not actually registered. UKIP did not forfeit any of the money that it had received and was taken to court by the Electoral Commission.

--- Later in debate ---
Christian Matheson Portrait Christian Matheson
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Before the hon. Member for Oxford West and Abingdon winds up the debate, I want once again to thank the Minister for her response. It is her view, and that of the hon. Member for Montgomeryshire—the Member in charge—that this specific Bill is not the right vehicle for addressing the concerns that I and other hon. Members have expressed.

My one concern—it was hinted at by my right hon. Friend the Member for Exeter, and I hope I am not misquoting him—is, “If not in this Bill, then when?” How many times will the advice of the Electoral Commission be sought and then not acted upon? I take the point that she is consulting on these matters, but the longer this goes on, the more frustrated hon. Members get—a familiar argument for those of us who sit on other Bill Committees at the moment.

It is a serious point in this case. At what point does the Minister plan to bring forward the consolidated proposals for this and other matters? I do not expect her to reply now, because she has already replied very fully to the new clause, but there is a concern that once again the matter is being paid lip service—perhaps that phrase is disrespectful to the Minister, which is not my intention. It is perhaps being kicked into the long grass or, more respectfully, not given the urgency it needs. The implications of widening the franchise are not given the urgency needed.

In thanking the Minister for her response to the hon. Lady and the Committee, I ask her to realise that the more cumulative the effects of the different recommendations by the Electoral Commission, the greater the need for action rather than further consideration.

Layla Moran Portrait Layla Moran
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I would like to thank everyone who has contributed to this debate, particularly the hon. Member for City of Chester, who put flesh on the bones of what I was talking about, particularly with regard to the Supreme Court judgment.

The point to make about guidance is that the guidance has always been there. The problem was that the judgment made it okay for those donations to be acceptable. Until such time as that loophole is closed, that is the problem and that Supreme Court judgment therefore allows it.

We would love to think that it would never be our parties that do it. In that case, it was UKIP, which does not have an MP any more. It could be a smaller, banana republic-style party that comes out of the woodwork. With the shifting sands of politics as they are, I have major concerns that this could well end up as a loophole that emerges quite soon after the introduction of this legislation.

As to the scope, this is answering specific concerns raised by the Electoral Commission as a result of this legislation. The reason I did not go for doing exactly as they say is because there may well be unintended consequences beyond that single issue worth taking into account, as a result of this legislation.

That is why I believe that a clause saying that a report would come back with actions for what the Government will do to close those loopholes is the right thing for this legislation. I would love to think that another Bill would then come along to tidy it all up. The Minister rightly points out that, on the one hand, we have very uncertain business and there are many days when we do not have a lot of things to do. However, should Brexit happen, we know that we will then be facing 10 years of a very fraught legislative process, while we go through all the changes that will be needed.

I am seriously concerned that, unless we send a signal now to the electorate that we are taking this absolutely seriously, guidance is not going to work. We had guidance and it did not work, because it still allowed that donation to be accepted. We need to send a strong signal and the proposed new clause would do exactly that.

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