Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023
Debate between Lord Mott and Lord Khan of Burnley
Lord Khan of Burnley (Lab)
My Lords, this instrument applies measures relating to undue influence to police and crime commissioner elections, as well recall petitions and local referenda in England. These provisions seek to provide greater clarity on this offence, including by specifically covering intimidation.
Undue influence and any practice involving intimidation have no place in our voting system. If we want to call our elections free and fair, we must act proactively to stop those who seek to unfairly influence how others vote. It is right that we update the definition of undue influence to accommodate a modern understanding of the phrase in the statute book. The current law was brought into force 40 years ago, and 100% of the respondents to the Protecting the Debate White Paper agreed that a clear definition should be adopted. We welcome this update of the definition of undue influence. It is clear language—not quite the heavenly language my noble friend Lord Jones referred to—and this point was well supported by the noble Lord, Lord Hayward, who has been a great champion and campaigner in this area.
In addition, we welcome provisions to ensure that disqualification orders are effectively enforced and that those served with them cannot stand in relevant elections. We also support the implementation of the Ballot Secrecy Act to the elections covered in this regulation. Alongside that, we welcome clarity on whether a commonly used name can be used on nomination papers.
I want to press the Minister, given that these regulations include provisions relating to influencing individuals to sign petitions: can he explain how these will be applied to e-petitions and can he provide an update on the application of the broader intimidation offences under the Elections Act? Have any charges resulted from these new offences? I look forward to the Minister’s response.
Lord Mott (Con)
I thank noble Lords on all sides of the House who have participated in what is turning out to be a relatively short debate. I particularly thank the noble Lord, Lord Jones, for his invitation to Wales; I would be more than happy to visit at any time, and look forward to the very warm welcome which he described. With regard to translation, which I think was the core point of what he asked, as per our existing practice, Welsh forms have been translated by Welsh translation services.
On the comments from the noble Lord, Lord Rennard, I guess that, a few years ago, we would have been in a very different place today, on the eve of two parliamentary by-elections. I think the point he made is incredibly important. It would be wrong for me to do anything other than say that I will come back to him, which I am very happy to do in writing.
My noble friend Lord Hayward also commented on the need to bring election law all together and update it. From a personal point of view, I am very much with him on that. Having had more than three decades in front-line politics, I am aware that there may well be a need for change going forward. I will come back to him in writing, because that is the right thing to do.
My noble friend Lord Hayward asked for clarification on there being no reference to general elections in this SI. For the record, let me make it very clear that the Ballot Secrecy Act 2023 applied the new offences to UK parliamentary elections and local elections in England, as well as to elections in Northern Ireland. These regulations ensure the effective implementation of the Act by extending ballot secrecy offences to police and crime commissioner elections in England and Wales, recall petitions, and local government council tax and neighbourhood planning referenda in England. This is why the Explanatory Notes for the SI do not reference UK parliamentary elections.
Regarding the points made by the noble Lord, Lord Khan, I have not got that information in front of me, but I am more than happy to write to him with an explanation.
In conclusion, these regulations are vital to ensure that the changes already agreed in primary legislation are applied to the relevant electoral conduct rules as intended. Failure to do so would create divergence across reserved electoral law, creating confusion instead of clarity. It would be a negative outcome for electors, as well as for candidates, campaigners and elected office holders, as applying these measures to the relevant election rules will strengthen the integrity of voting and offer further protection to those who wish to take part in public life. I hope noble Lords will join me in supporting these regulations.
Representation of the People (Franchise Amendment and Eligibility Review) Regulations 2023
Debate between Lord Mott and Lord Khan of Burnley
Lord Khan of Burnley (Lab)
My Lords, these instruments would implement provisions in the Act to remove the automatic right of EU citizens to vote and stand in local elections in England and PCC elections in England and Wales.
After their implementation, only EU citizens from countries that currently have a bilateral treaty with the UK or citizens lawfully resident in the UK before 2021 would have the right to vote and stand. Of the 2.1 million EU citizens affected in England, around 160,000 are expected to be removed from the register—a point made by the noble Lord, Lord Rennard.
As a principle, Labour believes that people who contribute to society, work hard and pay their taxes should have some say in decisions being made for their community. This is about not just who can vote but devolving power to communities so that they have a say over local decisions. Current rights give EU citizens the power to vote and stand in local elections, regardless of immigration-based eligibility criteria. However, we recognise that the status quo around decision-making cannot continue following our departure from the EU and we will not oppose the regulations today.
Can I press the Minister on the important franchise changes due to come into effect from 7 May 2024? If a general election takes place prior to this, will this timescale remain feasible? Can the Minister also provide an update on the guidance being prepared for electoral registration officers? The Explanatory Memorandum states that it will be completed by the end of 2023.
My final point was made also by the noble Lord, Lord Rennard. What work are the Government doing with local authorities to ensure that the 160,000 EU citizens affected have clear guidance on how they can become permanent citizens and change their criteria in order to vote?
Lord Mott (Con)
I thank the noble Lords, Lord Khan and Lord Rennard, and my noble friend Lord Hayward for taking part in this debate. I would like to add some explanation in light of one or two of the issues that have been raised.
First, to pick up on my noble friend Lord Hayward’s point about neighbourhood plan referendums, I am happy to arrange that meeting with officials after this debate and to look into that further. My noble friend and I have discussed it at some length in the past few weeks and it seems to me that a very small tweak is required to make it more straightforward. I am happy to facilitate that after today.
The noble Lord, Lord Khan, made some very important points on preparation and dates, and I will come back to him on the specifics. Obviously, it is not in the gift of your Lordships’ House to call a general election; nevertheless, it is very important to make sure that everything is ready and that all electoral registration staff are completely prepared, were that to happen.
Probably the most substantive issue raised in the debate was that raised by the noble Lord, Lord Rennard, on EU citizens. Parliament resolved to update the electoral franchise in the Elections Act 2020, and the UK Government’s position remains unchanged: the right to reside in the UK should not automatically confer the right to participate in our democratic processes. Now that we have left the European Union, the right to vote and stand in local elections, which we granted as a consequence of our EU membership, cannot continue. The parliamentary franchise is rightly restricted to British citizens and those with the closest historic links to our country. As noble Lords are aware, there has never been a general right for European nationals to vote in parliamentary elections. I am happy to write to the noble Lord giving more detail, and I know he has a very strong view on this, but I would now like to close the discussion.
I know that all Members of the House support these instruments enabling us to enact Parliament’s duty to uphold the franchise and ensure that we continue to meet our commitment to respect the rights of EU citizens who have made their home in the UK. I am therefore pleased to be able to introduce these measures. I beg to move.
Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023
Debate between Lord Mott and Lord Khan of Burnley
Lord Khan of Burnley (Lab)
The noble Lord makes a critical point. We have to make sure that these issues are dealt with in a speedy, efficient manner; otherwise, it damages democracy and people lose faith in the system.
Noble Lords have made a number of good points in this debate. I want to touch on what our in-house expert, the noble Lord, Lord Hayward, said about the idea of repetition. How do we ensure that people are getting their forms in and know whether they are on the electoral register? What are the Government doing to ensure that we can save time, be more efficient and make it easier for people to vote?
That is a number of questions for the Minister. I look forward to his response.
Lord Mott (Con)
My Lords, I thank everybody who has taken part in this debate for their time and incredibly valuable contributions. It is always slightly concerning for a Minister to stand here, having had only 31 years’ experience of working for a political party, when my noble friend Lord Hayward is also in the Room. I am very aware of the level of expertise and knowledge here today.
The noble Lord, Lord Bruce, mentioned regulators, the Electoral Commission and understanding the nitty-gritty of how a political campaign works and how political campaigns operate on the ground. I do not know his former election agent but I am delighted that she will be joining the Electoral Commission.
I thank my noble friend Lord Hayward and the noble Lord, Lord Khan, for passing on their best wishes to my noble friend Lady Scott; I will take them to her personally. I should also put on the record my thanks to the noble Baroness, Lady Bennett, for welcoming “some” of what the Government are currently looking to do. I am a great believer in small steps, and I am very happy that we are making some progress.
Before I respond to some of the more substantive points made today, let me say this: I believe that everybody taking part in this debate believes in democracy and fair elections. That is why we are here. I know that a number of noble Lords mentioned that in their contributions, but it is an important point to make before I getting into responding directly.
On the point from the noble Baroness, Lady Bennett, about voter ID, we are pleased and encouraged by the first rollout of voter identification in Great Britain. We are also pleased that the vast majority of voters in polling stations, 99.75%, were able to cast their vote successfully. We are incredibly grateful for the work that local authorities and other partners undertook in delivering this change.