Representation of the People (England and Wales and Northern Ireland) (Amendment) Regulations 2024
Lord Rennard Excerpts(3 weeks, 2 days ago)
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Viscount Stansgate (Lab)
My Lords, I take advantage of the fact that I have been relieved of the chairing of this Committee by my noble friend Lady Fookes to make one point. It follows the remarks of the noble Lord, Lord Hayward, with which I wholly agree.
Last Thursday, I went to the Electoral Commission and had a discussion with the chief executive, with other colleagues. We were talking about various aspects of the preparations that they are making for the next general election. However, it will come as no surprise to anyone, and I rise only to make it clear to the Committee, that arising from that discussion was that there is bipartisan support for the point that I am making and which the noble Lord made. There is a crying need for the consolidation of electoral law. I very much hope that in a modest way, the Hansard record of this Grand Committee can be used as further proof of that, and that a future Government will find the legislative time to do this. It will be widely supported when it comes.
Lord Rennard (LD)
My Lords, the noble Lord, Lord Hayward, has once again demonstrated the essential truth of one of his major campaign pledges during the 1993 Christchurch by-election—that he would be very good at scrutinising secondary legislation. It is always a pleasure to work with him on such matters.
I am tempted to ask the Minister how often the Government have had to bring forward measures such as this, as a tidying-up and housekeeping exercise, since the Elections Act of 2022 became law. I will resist. However, the current measure is one of numerous examples of the Government appearing not quite to understand what they were doing in seeking to implement a Brexit deal which lacked details when it was agreed.
In considering what is before us today, the Shadow Minister in the House of Commons, Florence Eshalomi, explained that understanding this measure required understanding five or six different Acts and regulations spanning over 40 years of legislation. To correct the noble Lord, Lord Hayward, it was in answer to a Question of mine in this place some time ago that it was revealed that at that stage there had been 16 statutory instruments involved in implementing the Elections Act 2022, running to 803 pages, all of which have been added to since then by one, two or three further statutory instruments. This is simply the latest of them. The scale of the statutory instruments required by the Elections Act has presented a significant problem, not just for Ministers but particularly for those responsible for the conduct of our elections. I believe that the burden may have become intolerable and the risk of mistakes in the conduct of our elections has been increased significantly by this complexity.
First, can the Minister update us on government thinking about what we are all asking for—the proper consolidation of all our election laws, as recommended by the Law Commission, which has done much work on this subject?
Secondly, does the Minister accept that the Government’s explanation of the difference in voting rights between EU citizens from Ireland, Cyprus and Malta and those from the 19 EU countries with which we do not have voting and candidacy treaties is an anomaly that requires a fundamental review of the franchises for all our UK elections? In particular, does she accept that the principle of residency would be a good basis for the local election franchise, as those who pay for and receive services from local government should be able to vote for the people in charge of those local authorities? The principle of no taxation without representation is a good one. The Government seem obsessed with removing people from the electoral rolls, making it unnecessarily hard to register and then harder to vote if you are among the categories of people without acceptable photo ID from the very tightly drawn list.
Thirdly, what steps will the Government take to ensure that the different levels of voting rights applying to different EU citizens will be explained to them all?
Finally, what progress is being made with the 19 EU member states with which we do not have treaties concerning voting and candidacy rights to agree such treaties, bringing EU citizens in those countries into line with those from Spain, Portugal, Luxembourg, Poland and Denmark?
That said, the measure has our support as it provides some clarification and corrects mistakes that were inadvertently made.
Lord Khan of Burnley (Lab)
My Lords, the fact that we are here yet again emphasises the enormity and complexity of the Elections Act and electoral statute. I echo the comments by the noble Lord, Lord Hayward, supported by my noble friend Lord Stansgate, about consolidation of all electoral legislation. As the noble Lord, Lord Wallace, indicated in a meeting with the chief executive of the Electoral Commission, there are 1,100 pages of SIs as a result of the Elections Act. We should never have to come to that situation again.
It is critical that our electoral law is as legible and transparent as possible, not only for the health of democracy but, as I have repeated to the Minister previously, for the workload of our understaffed electoral teams, which are tasked with keeping the integrity of our elections intact. Mistakes in legislation in this area make that challenge even harder. They could create confusion and concern among dual nationals who are entitled to vote, by not only collecting unnecessary information from those looking to register but increasing the workload of electoral officers, who already have to tidy up databases and deal with queries from so many different members of the public who are confused as to why this question is being asked in the first instance. Unfortunately, rather than helping our electoral administrators, the Government have introduced an Elections Act that significantly increases the load on them.
This is the second correction the department has had to make following the Elections Act. Given that the consequences of these mistakes could potentially change the franchise, what steps is the department taking to proactively review that the legislation is working as intended so that no other potential consequences are being missed? I would be grateful if the Minister could outline what support is being provided to electoral officers to carry out the amendment to the franchise for EU nationals. What steps are the Government taking to ensure that there are no mistakes in the system? What is the Minister’s response to the report on voter registration from the Levelling Up, Housing and Communities Committee, which highlighted a creaking system without any efficiency and with the huge challenges presented by the Elections Act? I would welcome her thoughts on that.
I recognise the point made by the noble Baroness, Lady Bennett of Manor Castle, that this is a complicated area of law; we appreciate that. In summary, we support this draft statutory instrument, but I would welcome reassurance from the Minister on the points I raised and those eloquently raised by noble Lords across the Committee. I look forward to her response.
Baroness Scott of Bybrook (Con)
I thank noble Lords for their contributions today. I will go through a few of the issues that were brought up.
First, the noble Lord, Lord Hayward, is absolutely right: the instruments in this amending SI had no effect on the elections held on 2 May. The changes to the franchise for EU citizens came into force on 7 May; that date was chosen specifically so that there would be no impact on the May local elections.
We have heard quite a lot about consolidation, as we did when the Elections Bill, which is now an Act, was going through. I think that will be for subsequent Governments to look at. This is complex; there are huge numbers of pieces of legislation impacting on top of each other within the elections arena. As the noble Viscount, Lord Stansgate, and the noble Lords, Lord Rennard and Lord Khan of Burnley, brought up, that is something which will have to be done by subsequent Governments.
The noble Baroness, Lady Bennett, brought up the numbers affected. I do not know those numbers, but I will have a look and write to her. On the oversight occurring in the first place, as I said, I apologise—but it is recognised that, even with stringent checks in quite complex pieces of legislation such as this, there is always a chance of unintentional errors. Regrettably, sometimes they are overlooked and, unfortunately, this is one such case, but the main thing is that we are dealing with it now.
On the issues around differences in voting rights for residency, this instrument is focused on amending a definition in existing regulations. Those regulations have already been passed in Parliament—as I say, they came into force on 7 May—and there are no further plans to revise any of them. I remember well the debates held on the changes being introduced by those regulations, and this is not the time to go over them again. It is certainly not the time at this early stage, when the regulations have only just gone into law, to put forward further revisions.
The Electoral Commission will keep an eye on all these issues as they are put into place, as will the department. Of course, if there are any issues or problems, we will keep an eye on that. That was a point raised by the noble Lord, Lord Khan of Burnley. It is important that we keep a close eye on any changes, particularly to electoral legislation, as it is complex. If anybody who wants to register to vote goes on to the Electoral Commission’s website, all the details are on there—and people do that. Also, our wonderful election officers in our local authorities are usually the first contact that people have. Even if they are complex voters, all the information will be given to them by our local authorities as well, which is important.
I think that is everything I had to answer. I know that the House believes that ensuring the smooth running of our democratic processes is of paramount importance. This amendment is therefore important, and I thank noble Lords for supporting the instrument to get this right. I commend it the Committee.
Lord Rennard (LD)
My Lords, the Minister has referred to the Electoral Commission’s website and to the excellent work done by local authorities in registering people to vote. How does she explain the fact that, according to the Electoral Commission, we have 8 million people who are either not registered, but should be, or are incorrectly registered?
Baroness Scott of Bybrook (Con)
I do not know about “incorrectly registered”. I will take that back and look at the numbers but we have to accept that, in any democracy, some people just do not want to vote. I do not know whether noble Lords have been knocking on doors but I have; there are certainly people in this country who do not want to vote, for whatever reason. That impacts on us all as politicians and party members. We should encourage people to want to vote but, unfortunately, some people do not want to do so. We are not a country that forces people to vote.
Councillors: Publication of Addresses
Lord Rennard Excerpts(4 weeks ago)
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Baroness Scott of Bybrook (Con)
My noble friend is right that the safety of our elective representatives is essential to the security of this country. Protecting our democratic values and our processes for democracy is one of the most important duties that government has. Any councillors with concerns about the publication of their home addresses on published versions of the register of interests can and should use the “sensitive interests” provision at Section 32 of the Localism Act 2011. Minister Hoare has recently reiterated this to those responsible in local authorities in his recent letter.
Lord Rennard (LD)
My Lords, according to the Local Government Association’s recent survey, 70% of local councillors reported experiencing abuse or intimidation. Aggressive behaviour which goes well beyond courteous debate deters people from public service, weakens democracy and is damaging to the families of those who seek to serve others. Will the Minister write to all local authorities urging them to take up the Local Government Association’s Debate Not Hate campaign? Will she seek to widen the scope of the defending democracy programme run by the National Protective Security Authority explicitly to include the safety, security and well-being of locally elected politicians, rather than focusing solely on national politicians and foreign interference?
Baroness Scott of Bybrook (Con)
I will certainly take that back to the department. Anything more that we can do to protect democracy, particularly in local elections, we will do—I will make sure that I do that myself. On 28 February, the Prime Minister announced that he was putting an additional £31 million over the next year into strengthening security not just for MPs but for all locally elected representatives. He has been working with the police on this issue as well. It is important to know that we are doing something to protect all our elected representatives, but we can always do more.
Representation of the People (Variation of Election Expenses and Exclusions) Regulations 2024
Lord Rennard Excerpts(2 months, 2 weeks ago)
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Lord Rennard
At end insert “but this House regrets the Government’s decision to lay the draft Regulations, given the large scale of the proposed increases, the proximity of elections on 2 May, the lack of evidence of parties and candidates being constrained in their ability to reach voters by current expense limits, and the effect of increasing reporting thresholds on reducing transparency of funding for elections.”
Lord Rennard (LD)
My Lords, I begin by welcoming the clarification in election law that necessary security costs for candidates must not be constrained by being included as part of their campaign spending that is set against election expense limits. On 28 January 2000, a friend of mine, Andrew Pennington, was working for an MP when he was murdered by an attacker who came to the advice centre of my late friend Lord Jones of Cheltenham when he serving as the town’s MP. In the 1980s, well before there were any funds for security at MPs’ offices, I used to run the campaign HQ for my friend the noble Lord, Lord Alton of Liverpool, which was where he held many advice centres as an MP. Anyone could walk in at any time. It was not safe. We need to protect Members of Parliament and all their staff, in this place and wherever they work, and we are thankful to all those who help to protect us in these dangerous times.
I also acknowledge that there is a case for uprating the mayoral election expense limits, and those for candidates for the Greater London Authority. But no case has been made for doing so by 81%, thereby increasing the unhealthy influence of big donors that has caused such problems and been so clearly exposed in recent weeks. Inflation, as measured by CPI, in the three years since the last London mayoral election has been about 18%. If we go back to the last London mayoral election in 2021, the three leading candidates each spent around £400,000, or 95% of the available election expense limit at the time. An increase now from £420,000 to £760,000 must be considered to be excessive. This is especially so when it means that the candidates are suddenly being allowed to spend an additional £340,000 in just the last six weeks of the campaign. Many of us here have experience of election planning and will know that parties will have budgeted perhaps a year ago to spend no more than the £420,000 limit in place until now.
It is not, however, just an extra £340,000 that is suddenly being pumped in for each of the London mayoral candidates. There are 14 constituency members of the Greater London Authority and, as the Minister said, the expense limit for each of those 14 candidates is suddenly being increased by the sum of £28,360. This means that each party with 14 candidates can now legally spend an extra £397,000 supporting them.
Then there are the party list candidates. A party will now be able to spend an extra £267,000 supporting its list. What does this mean for a party with a mayoral candidate and a full slate of candidates for the Greater London Assembly? It means that the total permitted expenditure for those parties will rise, at the drop of a hat, from £1,240,000 to £2,244,080. In London alone, a party will now be able to spend more than £1million extra in just six weeks before polling day on 2 May.
The expense limits are being raised not just for the London elections but for 11 more metro mayor elections across England covering almost half the country. Perhaps the Minister will be able to tell us what the combined increase will be in election expense limits for a party with a candidate in each of these 11 metro mayoral elections. What is the combined total of permitted election expenditure for these candidates under the present rules, and what will it be under these new ones? Perhaps the combined increase may be more than £1million, and this comes in all of a sudden, long after campaign budgets will have been set. A party with sufficient funds will be able to spend an extra £1million in London, and, if the figure is £1 million elsewhere, it will be spending over the next six weeks at the rate of a third of a million pounds per week, over and above existing plans. To be able to spend to the maximum of these new limits, it appears that the Conservative Party needs the donations of its disgraced donor, Frank Hester. Or are these increases simply being made because it has his donations? I think we should be told.
Last December, the Times reported that the Conservative Party is well on track to raise £50 million in a year. It is hardly surprising, therefore, that in the very same month the Conservatives dramatically raised the expenditure limit for national parties in general elections from around £19.5 million to around £36 million. Is it not the truth of all these huge increases in election expense limits that the Conservative Party is feeling desperate? It lacks support, but it has money. It thinks that it needs to spend the £15 million believed to have been given by Frank Hester, the £5 million from Mohamed Mansour and all of the money from billionaire tax exiles whom it has just allowed to donate, and with as little scrutiny as possible, even if they have not lived here for several decades?
This is all about desperate spending to seek re-election, and not about the democratic principle of a level playing field in politics, which was established in law during Gladstone’s time. This principle was also agreed by all the parties in the legislation governing party expenditure in 2000. More recently, it has been supported by the words of the noble Lord, Lord True, in our debates on the Elections Act. However, action speaks louder than words, as they say, and it seems a very long time since the noble Lord, Lord Cameron of Chipping Norton, became Prime Minister, and pledged to “take the big money out of politics”.
It is most regrettable that the excellent report of the Committee on Standards in Public Life of 2011, when my noble friend Lord Alderdice served on the CSPL, was not implemented by the coalition Government. This report proposed a cap of £10,000 on all donations. These new, extremely high election expense limits mean that, more than ever, all parties must go begging to major donors.
Baroness Scott of Bybrook (Con)
At different times, different parties have raised large sums of money from different places over many years. I look at the party opposite, which has been funded by the unions over the years; I believe that I have seen quite large donations given to the Liberal Democrats too. On party donors, I think it was the noble Baroness, Lady Bennett of Manor Castle, who asked why anybody would want to give money. Some people feel very strongly and passionately about the policies of some parties—I am not talking about just ours—and that is how politics works. The level playing field is the fact that no party can spend more on one candidate in any election than the other party.
Asking why we have waited so long, as the noble Lord, Lord Rennard, did, is a reasonable question. As intended by Parliament, it is for the Government of the day to review the limits and update them when they consider that to be necessary. The fact that we had low inflation for so many years probably meant that there was no real necessity to change them as quickly as perhaps we should have done. But, as we have heard, inflation has increased in recent years and the Government decided that uprating these sums was now necessary to ensure that we get that communication out to our electorate.
I think that I have answered everything, unless anybody has something that they want to repeat. I will look at Hansard to make sure, but I think the only thing that I need to respond on is the disabled allowance question.
These regulations are essential to ensure that campaigners can continue to communicate their views to voters and, importantly, that candidates and other campaigners can feel confident in procuring the security they need at any UK elections. I hope noble Lords will join me in supporting this instrument.
Lord Rennard (LD)
My Lords, I thank the Minister for bringing this statutory instrument before us. We have shown in this short debate that it was worthy of greater consideration than the 16 minutes which it attracted in a committee in the House of Commons. There are many important issues here and I congratulate her on single-handedly defending the Government’s position in the face of all the opposition parties this evening, which suggests that the arguments are not quite so straightforward as she might suggest.
The principal argument which the Minister made, that this instrument had to be brought forward now with such huge increases in election expenses, was not about election expenses at all. The argument here and in the other place was on the urgency of clarifying election law about security arrangements for candidates and their teams. As an experienced election agent, I would never have allowed security considerations to be part of the election expense return which I was making.
If this was necessary, it could of course be done simply on its own and with all-party agreement, but there is not all-party agreement on such huge increases and on them being made at the last minute. No satisfactory explanation is given as to why they are so large or have been made so suddenly before polling day. On all these issues where the Government are clearly changing the rules in their favour, they are abandoning the principles of the level playing field. A level playing field requires not just the same maximum limit for everyone but equal resources on each side. An army with 100 tanks against an army with one tank is not an even competition, so we do not have a level playing field of the kind which the law provided for in the 1880s and the Political Parties, Elections and Referendums Act tried to provide for in 2000.
I do not feel the need to test the opinion of the House again, when I feel that its opinion on all these issues was well tested when the noble Lord, Lord Khan, did so a few weeks ago. I note that 90% of the Cross- Bench Peers voted in support of his Motion and against the Government, so as we know the opinion of the House on this issue, I will not test it further. I beg leave to withdraw my amendment.
Electoral Commission Strategy and Policy Statement
Lord Rennard Excerpts(4 months ago)
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Lord Rennard (LD)
My Lords, I too apologise for my slightly late arrival in the Chamber; earlier business finished more rapidly than might have been expected.
I thank the Minister for her briefing meeting with me and others last week to discuss these measures. In response to her points now and then, I say that “substantive” is a subjective word. She says that substantive changes have been made to the policy and strategy statement being imposed on the Electoral Commission, but nobody outside the Government agrees with that description. The Electoral Commission itself certainly does not; its briefing to us sets out the commission’s clear view:
“The introduction of a mechanism such as a strategy and policy statement—by which a government can guide an electoral commission’s work—is inconsistent with this independent role”
of the Electoral Commission.
Our Secondary Legislation Scrutiny Committee highlighted the fact that the Speaker’s Committee—the body responsible for holding the commission to account on behalf of Parliament—objects to the draft statement as being
“not fit for purpose and inconsistent with the Commission’s role as an independent regulator”.
The Electoral Commission is not like other regulators, such as those for the utility industries. Its role includes advising on the framing of election laws and it helps to police them. It is not appropriate, therefore, for the party in power to set the commission’s policy and strategy. Putting the governing party in charge of this is like letting GB News set the strategy and policy for Ofcom; Southern Water to set if for Ofwat; or Eton College to set it for Ofsted.
I led for my party during the 11 days of debate in this Chamber on what became the Political Parties, Elections and Referendums Act 2000. All parties were agreed throughout this process on the essential need for the Electoral Commission to be independent of government or party. Its creation was proposed by the Committee on Standards in Public Life—a body created by Sir John Major to try to clean up the reputation of politics. It was legislated for on the basis that it
“must be as independent of the Government of the day as our constitutional arrangements allow”.
The late and greatly respected Lord MacKay of Ardbrecknish led for the Conservative Benches, in opposition on this occasion, during all those debates. He defended the principle of the Electoral Commission’s independence. He argued that our election laws should not be subject to control by what he called “Tony’s cronies”. So I say now that the Electoral Commission should not be subject to control by Michael Gove and his cronies.
I will give four examples of how this Government have history in seeking to change the rules of elections to favour themselves. The first is the introduction of very specific forms of photo ID in order to vote at a polling station. This made it far harder to vote than anything required by any evidence of fraud in Great Britain. The introduction was defended by the Government on the basis that ID is required to collect a parcel from a post office. Surely, then, forms of ID acceptable at a post office should be acceptable at a polling station—but they are not. Despite evidence of people being turned away from polling stations and many more failing to attend because of specific ID requirements, the Government refused to act on the advice of the Electoral Commission to allow wider forms of safe and reliable voter ID to be used.
The Electoral Commission’s chair, Mr John Pullinger, was interviewed recently in the Financial Times. The article stated:
“Conservative ministers have ‘opened themselves’ up to the charge that a new voter identification scheme is designed to benefit the Tory party, according to the head of the UK elections watchdog”.
This fact was admitted by no less a person than Jacob Rees-Mogg. This Government are imposing classic voter suppression techniques taken from the Trump Republican playbook.
Secondly, this Government have a history of seeking to undermine the independence of the Electoral Commission. This is the seventh Government since the commission was created, and none of the previous six Governments sought to control it in the way that is now set out. The excellent previous chair of the commission, Sir John Holmes, found that his term of office was not renewed by the Government after he and the commission pursued illegal activity by the Conservative Party. This resulted in a senior Conservative Party official escaping jail only on compassionate grounds, but after a damning judgment by Mr Justice Edis.
Conservative MPs wanted revenge. This series of investigations was followed by the then Conservative Party co-chair, Amanda Milling MP, writing in the Daily Telegraph in August 2020 to say that, if the Electoral Commission failed to make the changes that the Government wanted,
“the only option would be to abolish it”.
An independent election watchdog should not operate under such threats in a democracy.
Thirdly, this Government have, in effect, ended the principle of the level playing field that was first established to provide fair elections in Gladstone’s day. As a funding arms race developed, in 2000, a national limit for political parties to spend in a general election was established. Since then, six different Governments have not seen any need to raise this limit and only one political party has generally come close to spending the legal maximum—the Conservative Party. Increasing the national party expense limit from around £19.5 million to around £36 million is clearly designed to benefit one party only—the Conservative Party.
Meanwhile, the Electoral Commission said that the Government had provided no evidence of the need for this increase. When I questioned this most significant change to our election laws, I was told that it was an exercise that had been performed by successive Governments of all political colours. It is not, therefore, an unusual law. But this is simply and absolutely not the case: no previous Government of any party or colour have sought to raise this limit. All my questions about national party spending have been met with answers relevant only to local candidate spending, which of course is quite different. This Government have changed the national spending limits unilaterally and without a vote in Parliament.
My fourth and final example is the ban, in 2022, on the distribution of political literature by party volunteers in the approach to major local elections, when no such ban was imposed on the distribution of political literature by pre-existing commercial operators. It cannot conceivably be a coincidence that the Labour Party and the Liberal Democrats rely mainly on volunteer activists to deliver their leaflets, while the Conservative Party generally relies on paying commercial delivery companies to distribute its leaflets. So I asked why one form of delivery was banned when exactly the same activity by employees of commercial firms used by the Conservatives was not banned. I was frequently told that this was because of scientific, health and medical advice. I asked repeatedly for some of this purported evidence to be made available, but it never was.
Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2024
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The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Penn) (Con)
My Lords, this instrument makes changes to correct minor errors in the Representation of the People (Postal and Proxy Voting etc) (Amendment) Regulations 2023—or the 2023 regulations, as I will refer to them—in relation to how the transitional arrangements for the new rules concerning proxy voting are displayed on poll cards.
The Elections Act 2022 set out a wide range of changes to numerous aspects of the electoral system. This included changes to the rules surrounding the number of people for whom an individual can act as a proxy when voting. The changes were implemented by the 2023 regulations that I have just referred to and are supported by new offences. They came into force on 31 October 2023.
The new arrangements limit the number of electors for whom a person may act as a proxy to four, of which no more than two can be domestic electors—that is, an elector who is not registered as an overseas or service voter. The 2023 regulations also updated all relevant prescribed forms, for example poll cards, to make sure that the new limits are clearly explained to electors.
To ensure a smooth change of rules, the 2023 regulations set out a transition period, which would allow proxy arrangements that had been set up prior to the new rules coming into force to continue until 31 January 2024, and longer if a poll were already under way on that date. This was to avoid a cliff edge where all pre-existing proxy arrangements were cancelled simultaneously, which could create administrative issues and could leave insufficient time for electors to reapply for new proxy arrangements.
The change in proxy rules also needed to be reflected in the information provided on elections forms, such as poll cards, and these needed to be updated for polls held during the transition period as well as for polls held after it. The 2023 regulations provided the necessary updates for the forms used for any polls for which notice was given prior to 31 January 2024—that is, until the end of the transition period. The forms for postal poll cards and proxy postal poll cards for any polls held after the transition period are set out in a different set of regulations: the Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023. However, these forms do not come into force for any polls where the day of the poll is prior to 1 May 2024. There is therefore a gap in the transitional provisions for any polls for which notice is given on or after 31 January 2024 and the day of poll is on or before 1 May 2024 where no transitional provision has been given. Any polls taking place during this time would have to use the postal poll cards and proxy postal poll cards used prior to the 2023 regulations coming into force, which would provide incorrect information on the rules and offences surrounding proxy voting.
The same gap applies in respect of postal signing petition notices and proxy postal signing petition notices for any recall petition for which the Speaker’s notice is given on or after 31 January 2024 and for which the beginning of the petition signing period is on or before 1 May 2024.
This instrument will correct the error in the 2023 regulations by adding updated information about the new voting offences for persons voting by proxy to postal poll cards and proxy postal poll cards for polls that are commenced and held during this gap. This will ensure that the proxy voting changes are clearly explained to electors and so avoid any confusion.
The instrument also amends two minor typographical errors in the 2023 regulations. I beg to move.
Lord Rennard (LD)
My Lords, the Minister need not fear that I will ask any particularly difficult, tricky or awkward questions on this legislation. There is a simple explanation for that: I could not think of any. I looked at the proceedings in Committee in the other place, and nor could anyone there, so I will confine my remarks simply to a question and an observation. The observation is that we seem to have had a lot of changes to election law in the year before a general election. Does the Minister accept that there may be a greater risk of an error in the conduct of our elections as a result of the large number of changes to election law being made in the year before a general election, and with local elections in May? Could she tell us—perhaps she will write to us in due course—how many pages of legislation are in the secondary legislation instruments brought before us in the last 12 months? It seems a lot of pages.
Lord Khan of Burnley (Lab)
My Lords, I thank the Minister for introducing this statutory instrument. It corrects very minor errors in a previous statutory instrument. We are pleased that the Government are correcting the errors and understand why this instrument must be introduced. The Minister outlined the huge task as a result of the changes made in the Elections Act. I have sympathy with her in the task of introducing so many complex changes in electoral statutes. If there are other mistakes in the Elections Act that the Government want to rectify, we are happy to support them.
I have a few questions for the Minister. Is the department now examining instruments relating to the Elections Act to ensure that all other transitional arrangements are correct? Do the Government plan to lay any further regulations relating to the Elections Act prior to the elections in May? Has the Minister discussed the regulations with those responsible for implementing them?
Another concern on these Benches is that we have already stretched electoral administrators up and down the country, who are getting their heads around the changes that the Government are making, sometimes rectifying errors. This is deeply concerning. Will those electoral officers be further resourced? How will they be strengthened to deal with the impacts and changes that have been outlined today? The noble Lord, Lord Rennard, spoke about this. I look forward to the Minister’s response.
Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023
Lord Rennard Excerpts(5 months, 3 weeks ago)
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Lord Khan of Burnley (Lab)
My Lords, I thank the Minister for her introduction. These regulations implement the provisions of the Elections Act to remove restrictions on overseas electors. Overseas voting provides an important link for British citizens across the world. On these Benches, we are clear that those who have a strong connection to this country and their community should still have a say in how they are run. We do not oppose the principle of overseas voting and giving citizens who still have a strong connection to the UK a voice in our elections. That includes people who still have a strong connection to our local services and communities. But we need to consider this carefully and look at the potential impact on our democracy.
By repealing the 15-year residency limit, former residents who are now living abroad will be able to vote regardless of how long ago they left the UK. I am proud to have represented the community and region I grew up in as a Member of the European Parliament. Like many honourable Members in the other place, I know how important it is that those who live in our area, pay their taxes and are part of the community feel represented. As much as we support the rights of overseas voters, it would be wrong if people with little connection to this country—who may have moved a long time ago and not used any services or paid any taxes in decades—diminished the voices of constituents across the United Kingdom. We must consider how we strike a balance in our rules. There are voters who still feel a connection to the UK despite moving away 30, 40 or more years ago. But the policy of removing the cap on this important principle will undermine the balance between enfranchising those people and maintaining integrity in our democracy.
Although we do not think that there is a moral disagreement about some of the issues with votes for life, I fear that the risk of abuse of the system proposed by the Government is far too great. The registration rules proposed mean that some overseas voters require only the attestation of the identity and past location of another overseas voter. We understand that it may be difficult for legitimate overseas voters to verify their identity, but there seems to be a risk of manipulation of the system to allow those eligible for the scheme to have their pick of which seats they want to vote in.
As Florence Eshalomi MP outlined in the other place, some 30 seats were decided by fewer than 1,000 votes at the last general election. While I am sure that very few will attempt to abuse the system in that way, it could have a large impact on marginal seats when votes are added up around the world. Can the Minister assure me that there will be additional safeguards to prevent fraud? I understand that there is a tight limit on attestation and that those attesting for another voter will need to sign a declaration of their truthfulness, which is right—but those measures may not be enough to prevent people trying to abuse the system in a way that could impact the next general election.
Can the Minister stipulate what robust processes will be in place to verify an applicant’s identity and establish their eligibility to register at their qualifying United Kingdom address? What support are the Government putting in place to enable electoral registration officers in Great Britain and the Chief Electoral Officer for Northern Ireland to determine their eligibility under these new criteria? The Government should also be more open about how much this change will cost, given that they confirmed to the Secondary Legislation Scrutiny Committee that there will be additional funding to cover the costs of registering new electors.
The new rules create a huge loophole in our donation laws. The current rules on UK donations mean that those who donate more than £500 must be on the electoral register. We must be honest and say that we cannot pretend that the current system is perfect, but it is an important safeguard against money flooding into our political system from foreign and hostile states. The Labour Front Bench first raised these concerns during the passage of the Elections Act, when my noble friend Lady Hayman of Ullock pointed out that the removal of the 15-year limit could create a loophole in donation law.
Furthermore, during debates on the National Security Bill, my noble friend Lord Coaker called for greater restrictions on political donations from overseas. In our current system, those on the register have a clear and recent link to the UK. We think that opening the electoral register as widely as the Government are doing today goes far beyond what our current donation rules were set up to do. It will allow those with tenuous links to the UK, who have spent most of their lives in states that may even be openly hostile to our aims, the right to massively influence our system. The reality is that it will be impossible to ensure that the huge numbers of potential donors in our system are not vulnerable to manipulation by hostile actors. There is already clear evidence of attempts by these actors to influence UK democracy, as we have seen in recent days. It will also make enforcement of our rules much harder, given the difficulties that we may face in challenging those who fall foul of donation laws while living in another jurisdiction. The Government know the risks that those hostile actors pose to the UK and our allies. Just this year, we saw the attack on Britain’s Electoral Commission. Has the Minister met with it following this incident?
This Government should instead look to proposals made by the Electoral Commission, which recommended introducing new duties on parties to enhance due diligence and the risk assessment of donations. Louise Edwards, a director at the Electoral Commission, recently commented that the current levels of transparency around donations are “not enough”. The Electoral Commission has called for more laws to help protect parties from those who seek to evade the law, as well as more checks on the identity of donors. It is beyond belief that the Government are seeking to risk opening our system at such a critical time for our world. What would a political party do if, for instance, it were offered a donation of £50,000 by somebody who lives and works in Moscow today? Will the Government introduce a new requirement on political parties to do proper checks on the source of funds?
Changes to the Electoral Commission’s powers under the Elections Act 2022 have left the UK without any body responsible for criminal enforcement of election finance laws. I particularly press the Minister on the fact that no one agency now has enforcement powers over electoral law. Do the Government consider it appropriate for the National Crime Agency to take these powers? If so, will they implement that without further delay? If not, is a department fulfilling this role?
I know that there are British citizens who still feel a connection to the UK, and they will welcome this rule change, but it will also be welcomed by those who want to undermine our democracy and funnel money into our politics. We must not allow that to happen. We must strike the right balance to empower voters without enabling undue influence, but I am afraid that these regulations go nowhere near far enough to do that. Unfortunately, the Government have refused to implement any effective safeguards and have instead brought forward these regulations. I further probe the Minister on how the Government propose to monitor the impact of these new rules. Will they publish regular reviews or statements on the number of new overseas voters? If so, will this include how many have used the attestation route to register? How will we get notified of the number and value of donations made by overseas voters?
The ability to make political donations is dependent on the right to vote, so the change would allow substantially more overseas donations, particularly where the attestation of identity is open to more abuse. We express concern that the changes could dangerously weaken the restrictions on overseas political donations and allow foreign money to enter British democracy. We have therefore tabled this amendment to register our concerns, as this entirely unnecessary risk creates problems for our elections and our democracy. At a time of global instability and significant evidence of hostile states seeking to interfere in UK politics, as well as a lack of public confidence in our political institutions, now is the time to enhance our safeguards, not dismantle them. I hope the noble Baroness, Lady Penn, and the department will think again, and that all noble Lords will support our amendment to the Motion today. I beg to move.
Lord Rennard (LD)
My Lords, there are real concerns about these measures. They include the security of our electoral processes, the risk of undermining confidence in them and, above all, our elections being bought by dark money and illegitimate foreign interference. That is why we support the amendment in the name of the noble Lord, Lord Khan of Burnley.
All parties agree on the principle of UK citizens living overseas being able to vote for representatives in our Parliament, but these statutory instruments do not do much to help them. In the absence of a fixed-term Parliament, there is a very short timescale in our system for conducting a general election. It is really too short to enable many people living overseas to be able to return postal votes. We could have better addressed the issue of UK citizens living overseas through the creation of overseas constituencies, dedicated to representing their interests. They do this in many other countries, including France, Italy and Portugal. Countries such as the US and Australia allow a longer period, of up to a fortnight after polling stations have closed, for postal votes to be returned, enabling many more of their citizens living overseas to participate in their elections. When I raised such issues during the passage of the Elections Bill, the Government lacked interest. This failure means, for example, that members of our Armed Forces serving overseas, or British diplomats working in our embassies, will often remain unable to cast their votes in general elections.
What the Government are interested in is allowing many more donations to come from abroad, without any organisation in this country having any real capacity to verify the original sources of those donations. The absence of any cap on the size of donations will no doubt encourage more donations of, say, £5 million-plus to come from people whose real interests are not in this country. Why should a billionaire tax exile be able to fund a political party in the UK, and who knows where their money really comes from? The Government have clipped the wings of the previously independent Electoral Commission and made criminal enforcement of election finance laws significantly harder. I wonder why. I think perhaps we should be told.
Political parties themselves have very little capacity to scrutinise overseas bank accounts, or to inspect the accounts of companies operating overseas, even if they want to. Earlier this year, the Government rejected an amendment to the then National Security Bill which would have insisted on greater scrutiny of the original sources of donations to parties. I wonder why. The chair of the Intelligence and Security Committee, Julian Lewis, supported such an amendment, saying that
“the UK has clearly welcomed Russian money, including in the political sphere … We must protect against covert, foreign state-backed financial donations if we are to defend our democratic institutions from harmful interference and influence”.—[Official Report, Commons, 3/5/23; col. 132.]
But this Government did not want our democracy to have that protection. I wonder why. I think perhaps we should be told.
General Elections: Party-political Spending
Lord Rennard Excerpts(6 months, 1 week ago)
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Lord Rennard
To ask His Majesty’s Government what assessment they have made of the case for increasing the maximum limit for political parties to spend at general elections.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Penn) (Con)
It has been a long time since campaign spending limits were last adjusted for inflation—some have not changed since 2000. This means that as prices rise over time the limits are, in effect, reduced. Parliament anticipated this when the limits were set, which is why the legislation allows for them to be adjusted to account for inflation. The Government have now begun making these adjustments to ensure spending limits are restored in real terms.
Lord Rennard (LD)
My Lords, none of the last five Governments has seen fit to increase these spending limits for political parties, so I wonder what was different about this Government? In the last five elections, only one party—the Conservative Party—has come close to spending towards the election expense limit, so why does it now have to be increased by 80%? Which party will benefit? Boris Johnson managed to win the last general election spending £16 million, so why do this Government seem to think that they need to spend up to £36 million to try to be re-elected? What will their donors expect in return for this cash?
Baroness Penn (Con)
My Lords, this is not an unusual exercise. In fact, uprating has been done under successive Administrations of all political colours and is done regularly for other matters too. It is provided for in the original legislation passed by this Parliament. By using those powers, we are simply restoring the levels of spending limits that were provided for by Parliament.
Voter ID
Lord Rennard Excerpts(1 year, 1 month ago)
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Baroness Scott of Bybrook (Con)
Just to let my noble friend know, the Government have no intention of looking again at identity cards, as I said to him yesterday.
Lord Rennard (LD)
My Lords, allowing for postal votes, there will be more than 1 million people legally entitled to vote tomorrow who will not be able to do so because of the new requirements. The number of people who do not go to the polling station because of them will never be known; nor will the number of people turned away at the entrance to polling stations ever be known. If the Electoral Commission’s review suggests that wider forms of ID could be accepted, such as the items on the Post Office list for collecting a parcel, will such a change be made before elections in 2024? The cost saving would be substantial. Will the Minister undertake to tell us what that saving would be? She said yesterday that the government scheme would cost £2.42 per elector. There are about 48 million electors, so that would be a cost of £116 million. Which party is this expenditure most likely to benefit?
Baroness Scott of Bybrook (Con)
As I have said before, we will look at whether there need to be any changes after the Electoral Commission and the Government have collected the data they require from returning officers. We said that we would do that; there will be a review by both Houses of Parliament at the end of this year, and the Electoral Commission will review it as well. We expect its interim report in early summer. That is when we will need to look at whether any changes need to be made.
Voter Authority Certificates
Lord Rennard Excerpts(1 year, 1 month ago)
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Lord Rennard
To ask His Majesty’s Government what assessment they have made of (1) the number of registered electors who have acquired Voter Authority Certificates, and (2) the effectiveness of the scheme in practice.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, over 89,500 applications have been received for voter authority certificates. The Government have never had a target for applications and are pleased with the initial rollout. A three-stage evaluation will begin after May’s elections, seeking to understand how the policy measures are implemented and their impact on electors and election staff. Publication of the first review is expected in November 2023, with further reviews after each of the next UK general elections.
Lord Rennard (LD)
My Lords, the Government estimated that around 2 million people who are on the electoral register do not have one of the forms of photo ID required this year. Around 1.6 million of those people have elections on Thursday—but the figures show that more than 1.5 million do not have the local authority certificate and will be unable to vote on Thursday, unless by any chance they have acquired another form of photo ID in the meantime. So perhaps 1.5 million people could be denied their vote. Is the spending of £180 million of taxpayers’ money over 10 years a successful investment for the Conservatives if it blocks this many people from voting?
Baroness Scott of Bybrook (Con)
My Lords, there are multiple reasons why voters have chosen not to apply for a voter authority certificate at this time. Not everyone will have elections in their area, for a start, and not everyone will choose to vote in a polling station. Those who vote by post or by proxy will not need voter identification and therefore have no need to apply for a VAC. While we would not seek to predict turnout on 4 May, in previous local elections over the past decade a significant proportion of votes have been cast by post. For example, in the May 2022 local elections, postal votes comprised 38% of overall turnout and proxy votes a further 1%. We also have to accept that, while we hope that every elector takes part in the democratic process, this is simply never going to be the case and many will choose not to vote. The cost of this is £2.42 per elector over a 10-year period.
UK Citizens Resident Overseas: Verification
Lord Rennard Excerpts(1 year, 2 months ago)
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Baroness Scott of Bybrook (Con)
I cannot give the noble Baroness an answer on how many have joined in that time or who has been declined, but we are looking at about 1.1 million people. That is what we think, but it is difficult to tell how many people could register overseas; how many will register is a different matter.
Lord Rennard (LD)
My Lords, political parties and organisations monitoring the situation, such as the Electoral Commission, can find it hard to check the original source of donations made, as we saw from those made in the EU referendum campaign donated via the Isle of Man. But some checks can be made, through credit reference agencies et cetera. How will the parties and the Electoral Commission be able to make such checks on residents overseas who are now registering to vote?
Baroness Scott of Bybrook (Con)
The rules are the same for all electors making donations, whether they live in the UK or overseas. Political parties and other regulated campaigners will continue to have to take all reasonable steps to verify that individuals making donations are registered electors. Parties can use the electoral register to do this and the removal of the 15-year limit, which is one of the things we did in the Bill, will make no change whatever to this requirement.