Oral Answers to Questions

Chloe Smith Excerpts
Wednesday 19th July 2023

(8 months, 2 weeks ago)

Commons Chamber
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Marion Fellows Portrait Marion Fellows (Motherwell and Wishaw) (SNP)
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5. Whether she plans to bring forward legislative proposals to regulate the use of artificial intelligence.

Chloe Smith Portrait The Secretary of State for Science, Innovation and Technology (Chloe Smith)
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Our White Paper set out how we will regulate AI through a flexible framework underpinned by five principles. This proportionate and adaptable approach has been welcomed by British business. It includes new monitoring functions allowing us to update our approach in response to a rapidly evolving technology. The Government will come back with proposals in the autumn following the White Paper consultation.

Owen Thompson Portrait Owen Thompson
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AI has been used by public authorities in a wide range of contexts that affect individual rights, from facial recognition technology used by police to the system used by the Department for Work and Pensions to investigate benefits claimants. Does the Secretary of State agree that public trust in the state of AI is essential and that any changes to the law will require public support and, therefore, greater consultation to ensure that that trust is not undermined?

Chloe Smith Portrait Chloe Smith
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The hon. Gentleman makes a thoughtful point. He is right that we need a comprehensive public debate on many of these points. He named some risks that concern him. I would marry those with consideration about opportunities. For example, my colleagues in the Department for Work and Pensions are also looking at how the technology can help with job matching and ensuring that people have information about the job market. I look forward to further conversations, as he said, as we go forward with this critical technology.

Drew Hendry Portrait Drew Hendry
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Following calls from the SNP, the Minister for the Indo-Pacific, the right hon. Member for Berwick-upon-Tweed (Anne-Marie Trevelyan), agreed that human rights must be at the forefront of AI diplomacy. Will the new UK laws on AI protect people by outlawing any collaboration or research with nations that seek to abuse human rights through, for example, facial recognition or social credit systems?

Chloe Smith Portrait Chloe Smith
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The hon. Gentleman also makes a thoughtful point, which is an important consideration in all our diplomacy and the work that my colleagues in the Foreign Office take forward. Specifically on AI technology, domestically we have set out our proposals in our White Paper, which as we have said will evolve over time, and internationally we are clear that we see a leadership opportunity for the United Kingdom, because we are already a global leader in this technology and care passionately about ensuring its safe and responsible deployment.

Marion Fellows Portrait Marion Fellows
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Researchers at Robust Intelligence recently discovered that AI could be trained to bypass its in-built restrictions and privacy protections within hours of use. Despite growing concerns about the impact of AI, the Government are expanding the scope of automated decision making as part of their Data Protection and Digital Information (No. 2) Bill. Can the public have confidence that sensitive personal data will be protected as the Government’s use of AI grows?

Chloe Smith Portrait Chloe Smith
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The short answer is yes. That is because, first, the legislation that the hon. Lady mentioned focuses on doing that. In addition, in our White Paper we set out the principles on which we intend to take advantage of AI, which ensure that we have safety, transparency, explainability, fairness, accountability and governance, and contestability and redress. Those are all vital, as I know she will agree, and there is much work ahead of us.

Lindsay Hoyle Portrait Mr Speaker
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I call the Chair of the Science, Innovation and Technology Committee.

Greg Clark Portrait Greg Clark (Tunbridge Wells) (Con)
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I congratulate the Secretary of State on her sure-footed discharge of her responsibilities over the past few weeks, which I think end today.

In the White Paper, there is a commitment that

“when parliamentary time allows…we will…strengthen and clarify regulators’ mandates by introducing a new duty requiring them to have due regard to the principles”

of the White Paper. Given the blistering pace of AI deployment and the fact that the forthcoming King’s Speech will be the last opportunity until 2025, will the Government confirm that they will bring forward that legislation in the next Session?

Chloe Smith Portrait Chloe Smith
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I thank the Chair of the Select Committee for his kind words about me. My right hon. Friend the Member for Chippenham (Michelle Donelan) will return later this week. It has been a privilege to help her by conducting her maternity cover at the highest levels.

My right hon. Friend the Chair of the Select Committee is correct that we set out that plan in our White Paper. We said that we anticipate introducing a statutory duty on regulators

“requiring them to have due regard to the principles”,

which I mentioned in my previous answer. He will also know that I cannot commit to the contents of the King’s Speech, but what I have already said this morning is that the Government will be returning to the House with a full update on the conclusion of the consultation on the White Paper.

Alun Cairns Portrait Alun Cairns (Vale of Glamorgan) (Con)
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I pay tribute to my right hon. Friend’s leadership in this policy area. The conference in the autumn will give the Government an opportunity to lay out their plans for working with international partners. Does she agree that AI cannot be blocked or stopped, and therefore an open, pragmatic approach needs to be shown to harness the benefits of AI for the economy and society in general?

Chloe Smith Portrait Chloe Smith
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My right hon. Friend is correct. That is what we have laid out in our approach so far. As the Prime Minister said, we intend to lead overseas and domestically, lead the charge of that opportunity in our public services and ensure that our pro-innovation approach enables the benefits of this technology to be captured sooner across the economy.

Michael Fabricant Portrait Michael Fabricant (Lichfield) (Con)
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Was my right hon. Friend reassured by the comments made by Nick Clegg this morning, while representing Meta, that AI at present is not capable of individual thought as such, but goes through a massive trawl very quickly of existing data?

Chloe Smith Portrait Chloe Smith
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We are drawing on the benefit of a range of experts in our work. In particular, I thank Ian Hogarth and those who have stepped up to form our Foundation Models Taskforce, which is helping us by looking extremely closely at the safety requirements for those models at the very frontier. There will be more updates on that work as time goes on.

Lindsay Hoyle Portrait Mr Speaker
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I call the shadow Minister.

Alex Davies-Jones Portrait Alex Davies-Jones (Pontypridd) (Lab)
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The Secretary of State will surely have read the many reports of bad actors using AI technology to create voice clones and, ultimately, scam victims out of money over the phone. For as little as 76p a month, a subscription to one of those websites can be yours, Mr Speaker. Computer security company McAfee recently found that one in four people had experienced a voice scam or knew someone who had. What exactly is the Secretary of State doing right now to prevent and, ultimately, protect people from those voice scams and deepfakes?

Chloe Smith Portrait Chloe Smith
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The shadow Minister raises a good point, which we should all examine. We have the correct answers, through the approach we have set out in our White Paper using our world-class regulators, the approach we are working on in this House and the other place on the Online Safety Bill, and existing crimes and offences. Right now, my officials are working with Ofcom to ensure it is ready for the duties that will come to it through the Online Safety Bill, and that it has the tools to ensure that scams, fraud and other offences are properly addressed.

Lindsay Hoyle Portrait Mr Speaker
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I call the Scottish National party spokesperson.

Alan Brown Portrait Alan Brown (Kilmarnock and Loudoun) (SNP)
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The Secretary of State said that my colleagues had made thoughtful points about human rights concerns, control of personal data and public trust, but we need actual action and commitment from the Government. In contrast, the EU is moving to become the first regulator in the world to legislate for a specific AI Act, to ensure that AI works for people as well as business and Government. Will she finally commit to the UK following suit and legislating for AI, to ensure that the UK does not become a haven for the worst possible applications of what should be beneficial technology?

Chloe Smith Portrait Chloe Smith
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The hon. Gentleman is telling the wrong story. The UK Government are acting comprehensively. The framework we set out in our White Paper applies across the UK. The work we are setting out with our global summit leads the way internationally. That approach is proportionate and flexible, and has been welcomed by business across the UK. In addition, the principles I have already named and the work of my colleagues across Government on human rights and other aspects ensure that our citizens can enjoy the safe and responsible use of this technology. I look forward to working with anyone in this House who has a thoughtful approach to take to that.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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2. What recent assessment she has made of the effectiveness of UK Research and Innovation funding for decarbon-isation technologies.

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Wera Hobhouse Portrait Wera Hobhouse (Bath) (LD)
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12. What her planned timescale is for negotiating the UK’s association to Horizon Europe.

Chloe Smith Portrait The Secretary of State for Science, Innovation and Technology (Chloe Smith)
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We are moving forward with discussions on the UK’s involvement in Horizon Europe, and we hope they will be successful. Association is our preference. The talks are continuing constructively, but we have not yet agreed a deal. We want to reach a resolution as quickly as possible to give the industry certainty. We have also set out our bold alternative, Pioneer, which we are ready to implement if necessary.

Janet Daby Portrait Janet Daby
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Owing to the Government’s delay in associating with Horizon Europe, the UK has lost out on “hosting” nearly 400 high-end European Research Council grants. Furthermore, nearly 50 grant winners have left the country altogether. Scientists including Brian Cox and Sir Paul Nurse are warning that the Government’s failure to act is damaging Britain’s science base. Is the Secretary of State concerned about these failings?

Chloe Smith Portrait Chloe Smith
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Unfortunately it is the European Union that has delayed for more than two years, and that has caused serious and lasting damage to the UK’s participation. What we need to do is ensure that we can get the right deal for UK researchers, UK businesses and UK taxpayers. That that is what we are working to do, and we are confident that the talks are proceeding constructively. It is much more important to get the right deal than to get a fast deal.

Gerald Jones Portrait Gerald Jones
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The Government made a manifesto promise to associate with Horizon Europe, but it is now 132 weeks since they took our country out of the world’s biggest science fund. It is shocking but not surprising that they have broken yet another promise. Government inaction has seriously damaged our international science pedigree. How much longer will our world-leading scientists, researchers and universities—who have suffered so much already—be forced to wait because this Government cannot keep their promises?

Chloe Smith Portrait Chloe Smith
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We have continued to support the sector with more than £1.5 billion of the Horizon guarantee. We have done that to ensure that there is no loss of funding for the UK science sector. I think it far more important to speak directly to researchers, businesses and taxpayers about our commitment to getting the right deal than to engage in party politics here.

Wera Hobhouse Portrait Wera Hobhouse
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We in Bath have two fantastic universities, the University of Bath and Bath Spa University. Their leaders continue to worry about losing talent from Europe, and the Government have worsened the position by proposing a 66% increase in visa fees. Will the Secretary of State explain what that increase will mean for UK science, and how it accords with the Government’s stated ambition to bring the best and brightest to this country?

Chloe Smith Portrait Chloe Smith
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We continue to run a range of successful talent programmes that bring the best and the brightest to universities and indeed to those in the hon. Lady’s constituency. I welcome her representing them here today. The point is that we have to get the right deal on Horizon, as I have laid out, and we also have to strike a balance with the needs of policy across Government. That is what she has heard from me and other Ministers at this Dispatch Box, and that is how we will ensure that we get the right deal for Britain, both in terms of talent and of science programmes.

Oliver Heald Portrait Sir Oliver Heald (North East Hertfordshire) (Con)
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Does my right hon. Friend agree that it is very much in Europe’s interests for us to be part of the Horizon programme, because we have some of the strongest academic institutions in Europe, and in a way it undermines the science base of Europe if we are not in there? Does she also recognise that, although there was great enthusiasm at the recent meeting of the UK-EU Parliamentary Partnership Assembly for us to join again, there was also a feeling that it could surely be done a little more quickly?

Chloe Smith Portrait Chloe Smith
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I welcome my right hon. and learned Friend’s insight into this issue. As I have already said, we are working consistently and steadily to get the right deal for UK science, by which we mean British researchers as well as taxpayers and businesses. That is what we are doing; the talks are proceeding and I look forward to the House being able to have an update very soon.

Saqib Bhatti Portrait Saqib Bhatti (Meriden) (Con)
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I would like to put on record my respect for the Secretary of State and her excellent stewardship of her portfolio.

I would like us to join Horizon Europe, but is it not right that we should get the right deal for our UK scientists, our UK businesses and our UK taxpayers, and that any commentary before a deal is done will only undermine our science industry and not be helpful in the slightest?

Chloe Smith Portrait Chloe Smith
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That is exactly right, and it is right for two reasons. The first is that billions of pounds of taxpayers’ money are at stake and we need to be responsible stewards of that money. That is why we are focused on getting the right deal. The second point is that my Department exists to forward and further the frontier of science in this country and to make sure that we stay a science and technology superpower. [Interruption.]

Lindsay Hoyle Portrait Mr Speaker
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Order. We are in the middle of answers to a question. I call Vicky Ford.

Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
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Teledyne e2v is the world leader in space imaging. It provides the eyes to NASA, the European space programme and Copernicus. Can my great and right hon. Friend make sure that our conversations about Horizon also include Copernicus? Otherwise, the EU is going to be building Earth observation satellites that cannot see the Earth.

Chloe Smith Portrait Chloe Smith
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I welcome my right hon. Friend’s interest in this area, and she is absolutely right to say that we have enormous opportunity in our space sector, across a range of aspects. I know that the Minister for Science, Research and Innovation, my hon. Friend the Member for Mid Norfolk (George Freeman), would like to discuss her constituency interest further with her. I can also assure the House that there will be further updates coming soon on the UK Government’s space strategy.

Lindsay Hoyle Portrait Mr Speaker
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I call the shadow Minister.

Chi Onwurah Portrait Chi Onwurah (Newcastle upon Tyne Central) (Lab)
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In Vilnius, the Prime Minister had the chance to conclude a deal allowing our scientists to participate in the world’s biggest international science programme, driving innovation and sustainable growth. He did not take it, again, so the Horizon saga drags on, month after month, year after year. Are we in or are we out? The Science Minister is not in the negotiations, and the chief scientist is not in the negotiations. It is all about the Prime Minister. Does the Secretary of State understand that while the Prime Minister is dithering, our science base is withering?

Chloe Smith Portrait Chloe Smith
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Today is quite possibly my last opportunity at the Dispatch Box. I first served from these Government Benches in May 2010, and the hon. Member for Newcastle upon Tyne Central (Chi Onwurah) first shadowed me 10 years ago. I know that she has a very fine mind and is a dedicated public servant. However, on this she is wrong. Labour Front Benchers may not know from one day to the next what their policy is, but we have been consistent on this point and we are working hard to get the correct deal for UK taxpayers and UK science.

Theresa Villiers Portrait Theresa Villiers (Chipping Barnet) (Con)
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T1. If she will make a statement on her departmental responsibilities.

Chloe Smith Portrait The Secretary of State for Science, Innovation and Technology (Chloe Smith)
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Since I last updated the House, my right hon. Friend the Minister for Data and Digital Infrastructure has announced £380 million of funding to bring the fastest internet speeds to some of our most rural communities. The Government’s Office for Life Sciences has agreed a landmark deal with BioNTech that will see up to 10,000 cancer patients benefit from potentially life-saving treatment. Today, my Department has launched a call for evidence on engineering biology.

Theresa Villiers Portrait Theresa Villiers
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What action are the Government taking to deliver regulatory reform of business investment in the biosciences sector, so that it can play its part in boosting economic growth and delivering great job opportunities for people across the country?

Chloe Smith Portrait Chloe Smith
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I welcome my right hon. Friend’s expertise in this area, and I thank the team that works with me on this subject, including my hon. Friend the Minister for Science, Research and Innovation, who has been central in leading how we will reform our regulatory landscape on life sciences. I point my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) to the Chancellor’s announcements, both at the Budget and still to come, on how we will continue to support our life sciences and biosciences sectors, which are essential to the UK economy.

Lindsay Hoyle Portrait Mr Speaker
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I call the shadow Secretary of State.

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Drew Hendry Portrait Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)
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T4. The Royal Society’s 2021 visa costs analysis shows that researchers entering the UK via the global talent scheme had to pay six times more than they would have paid under similar international science schemes. Does the Minister acknowledge the cost of Brexit in our failure to attract world-leading researchers and skilled workers?

Chloe Smith Portrait Chloe Smith
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The hon. Gentleman is on his own mission. He fails to see the strength of the UK science and technology sector, and he fails to see that it will be better for Scotland’s businesses, scientists and citizens to continue to be part of that thriving sector. That is what we are doing in making sure the United Kingdom is a science and technology superpower.

Michael Fabricant Portrait Michael Fabricant (Lichfield) (Con)
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T3. Indeed, we have world-class universities in the west midlands. What plans does my right hon. Friend have to support regional innovation clusters?

Oral Answers to Questions

Chloe Smith Excerpts
Wednesday 14th June 2023

(9 months, 2 weeks ago)

Commons Chamber
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Alan Brown Portrait Alan Brown (Kilmarnock and Loudoun) (SNP)
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4. Whether she plans to introduce legislative proposals on regulating artificial intelligence.

Chloe Smith Portrait The Secretary of State for Science, Innovation and Technology (Chloe Smith)
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Our White Paper was clear that we will regulate AI through a flexible framework underpinned by five important principles. That proportionate and adaptable approach has been welcomed by British business and will include new risk monitoring functions to ensure that the UK leads the world in AI safety, as well as anticipating the introduction of a statutory duty on regulators in time. We would welcome hon. Members’ views on that consultation.

Alan Brown Portrait Alan Brown
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In terms of risk, I am sure that the Minister will be concerned that Snapchat’s My AI chatbot recently encouraged a journalist who was posing as a 13-year-old girl to meet up with a 35-year-old man, suggesting ways to hide the meeting from parents, gave tips on hiding bruises from social workers and gave sex tips to a supposedly 13-year-old boy who was proposing to meet an older woman. What specifically are the Government doing to beef up online safety regulation to protect children from the emerging risk of AI?

Chloe Smith Portrait Chloe Smith
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I am concerned to hear the examples that the hon. Member gives. That is exactly why this House and the other place have spent considerable time going over the provisions in the Online Safety Bill, which goes to the heart of the issues that he raises and includes AI in its scope.

Jeremy Wright Portrait Sir Jeremy Wright (Kenilworth and Southam) (Con)
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Does my right hon. Friend agree that when it comes to AI regulation, two things are important? The first is that there is a significant international dimension, and I congratulate her and the Prime Minister on what they have already achieved in setting out this country’s stall to be a global leader in AI regulation. Secondly, does she agree that the lesson to be learned from the Online Safety Bill, which she mentioned, is that we must regulate swiftly, rather than waiting for the technology to develop and attempting to retrofit the regulation on to the technology?

Chloe Smith Portrait Chloe Smith
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I welcome my right hon. and learned Friend’s contribution—he knows a great deal about these matters. First, I acknowledge his welcome for the approach we will be taking internationally. It is exactly right that the UK can and should lead in this space, as the Prime Minister has set out, and that is what we will do with our global summit on AI safety. Secondly, on his point about the Online Safety Bill, I can understand his argument, but in this context I would draw the House’s attention to the distinction between regulation and legislation. We intend to use our existing and established regulators to make sure that we have a flexible and adaptable approach to AI.

Lindsay Hoyle Portrait Mr Speaker
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I call the shadow Minister.

Alex Davies-Jones Portrait Alex Davies-Jones (Pontypridd) (Lab)
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The rapid growth of AI has the potential to revolutionise the economy and our public services, but with no industrial strategy to speak of and their White Paper already out of date, this Government are behind the curve and risk leaving our workforces behind as AI becomes more prevalent. Exactly what is the Secretary of State doing to ensure that nobody is left behind, and that workers are trained in the digital skills needed to gain high-quality jobs that harness AI’s potential and opportunities?

Chloe Smith Portrait Chloe Smith
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I think the hon. Lady is on the wrong track here. I must say that I have not seen any substance to Labour’s approach in this field either, which perhaps will not come as a surprise—no doubt it will be covered more in 10 minutes’ time. What I would say is that we are taking the approach of ensuring that we do have the skills of the future: for example, we are investing £30 million in conversion courses to enable people from disadvantaged backgrounds to come into AI, so that they can be part of the technologies of the future, and there is a great deal more besides.

Chris Stephens Portrait Chris Stephens (Glasgow South West) (SNP)
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5. What assessment she has made of the potential impact of the UK's departure from the EU on the science and technology sector.

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Sarah Olney Portrait Sarah Olney (Richmond Park) (LD)
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T2. If she will make a statement on her departmental responsibilities.

Chloe Smith Portrait The Secretary of State for Science, Innovation and Technology (Chloe Smith)
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I have been playing an active part in London Tech Week talking to Britain’s boldest businesses. We have launched our £1 billion strategy to support our semiconductor sector. We have launched our cutting-edge life sciences sector package. I pay tribute to my hon. Friend the Member for Barrow and Furness (Simon Fell) who we recently appointed as our rural connectivity champion. May I also update the House in relation to our international leadership that I have been chairing the global forum on technology at the OECD?

Sarah Olney Portrait Sarah Olney
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Copyright protections are fundamental to the success of the UK’s world-leading creative industries. However, creatives are routinely seeing their content being used to train artificial intelligence platforms without giving their permission and without receiving payment. Does the Secretary of State believe that AI developers’ ingestion of creative content that is protected by copyright without obtaining a licence is infringement under UK law?

Chloe Smith Portrait Chloe Smith
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The hon. Lady raises an important matter, on which my Department and the Department for Culture, Media and Sport are working closely together. Can I draw her attention to information that I know my right hon. and learned Friend the Culture Secretary will be bringing forward shortly? I reassure the hon. Lady that intellectual property is at the heart of our approach to support the creative industries in this country.

John Penrose Portrait John Penrose (Weston-super-Mare) (Con)
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T7. The data Bill’s smart data clauses give us a chance to duplicate Britain’s global lead in open banking in other sectors of the economy, too, but developers cannot start work until they know which sectors will be enabled and in what order. Will my right hon. Friend release an implementation timetable immediately, showing which industries will introduce what and when, to unlock the tidal wave of investment that is waiting to get started and so that we do not get leapfrogged by international rivals?

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Lucy Powell Portrait Lucy Powell (Manchester Central) (Lab/Co-op)
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Does the Secretary of State agree with the Prime Minister that her AI White Paper is now defunct? Also, the data Bill does not even mention AI. The Online Safety Bill is hardly an advert for speedy action and the semiconductor strategy was slammed by an expert as “quite frankly flaccid”. Does she accept that to show international leadership, the Government need to get their act together at home?

Chloe Smith Portrait Chloe Smith
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As my right hon. Friend the Prime Minister set out this week at London Tech Week, we will be leading at home and overseas and leading change in our public services. That is the right approach. It is pro-innovation. We will capture those benefits for British businesses and British citizens, and I think that the Opposition could do an awful lot better than what they have just presented.

Lindsay Hoyle Portrait Mr Speaker
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I call the Chair of the Select Committee.

Greg Clark Portrait Greg Clark (Tunbridge Wells) (Con)
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On 30 December 2020, during the pandemic, the then Prime Minister met the vice-chancellor of the University of Oxford and promised £150 million in funding for the university’s pandemic sciences institute. In evidence to the Science, Innovation and Technology Committee this morning, the institute’s director Sir Peter Horby said that not a penny of that money has been received. Will the Secretary of State meet me to see how we can unblock that so that this vital work continues?

Chloe Smith Portrait Chloe Smith
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Yes, I would be happy to meet the Chair of the Select Committee.

Florence Eshalomi Portrait Florence Eshalomi (Vauxhall) (Lab/Co-op)
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T3. This London Tech Week, I pay tribute to King’s Maths School in my constituency, which provides tutoring for 16 to 19-year-olds. The Government promised £300 million for mathematical research in 2020, but now, despite that, they are abandoning the commitment. When does the Minister expect Britain to stay competitive and when can the Government guarantee that funding?

Oral Answers to Questions

Chloe Smith Excerpts
Wednesday 25th January 2023

(1 year, 2 months ago)

Commons Chamber
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Kemi Badenoch Portrait Kemi Badenoch
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Both sides of the House can agree that more support and more work is needed on this issue. Childcare is one of the reasons why women leave the workplace, and we are doing everything we can to support women to have appropriate childcare arrangements.

Chloe Smith Portrait Chloe Smith (Norwich North) (Con)
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5. What recent progress she has made in implementing the British Sign Language Act 2022.

Mims Davies Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Mims Davies)
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I thank my right hon. Friend for her important work in delivering the Act. Work continues across Government to ensure that the Departments named in the schedule to the Act are aware of their reporting duty. They will report on their use of BSL in public communications at the end of the first reporting period on 28 June.

Chloe Smith Portrait Chloe Smith
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I welcome that update. Will the advisory board be on track ahead of that first statutory reporting date? When will the statutory guidance be commenced? Furthermore, will my hon. Friend commit to the Government’s major public broadcasts being fully accessible?

Mims Davies Portrait Mims Davies
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My right hon. Friend will be pleased to know that the first meeting of the Departments driving the Act is due to take place in mid-February. It is vital that the 20 Departments listed in the schedule deliver the commitments. The advisory board will be the first dual-language board advising His Majesty’s Government, which demonstrates our commitment to the deaf community. It will form the vital guidance on the Act, and it will rightly look at BSL for major public broadcasts, which many of our constituents want to see and have asked for.

Oral Answers to Questions

Chloe Smith Excerpts
Wednesday 13th July 2022

(1 year, 8 months ago)

Commons Chamber
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David Linden Portrait David Linden (Glasgow East) (SNP)
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1. What discussions she has had with the Secretary of State for Work and Pensions on the gender pension gap.

Chloe Smith Portrait The Minister of State, Department for Work and Pensions (Chloe Smith)
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The Government are committed to addressing the gender pension gap. Automatic enrolment and the new state pension are already enabling more women to build up retirement provision. Recognising that this issue derives primarily from differences in work and pay, we continue to work across Government with employers and partners to address inequalities relating to the labour market.

David Linden Portrait David Linden
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My constituents in Swinton regularly tell me that the gender pensions gap is exacerbated as a result of a lack of ambition on the part of the Government regarding auto-enrolment. Will the Minister meet me to hear those concerns from constituents in Swinton, and see how we can change that to ensure we close the gender pensions gap?

Chloe Smith Portrait Chloe Smith
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I am sure that the Pensions Minister, my hon. Friend the Member for Hexham (Guy Opperman), would be happy to have a further conversation on that. Automatic enrolment is important. It has made progress, but there will be more to do.

Lindsay Hoyle Portrait Mr Speaker
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I call the Chair of the Women and Equalities Committee.

Chloe Smith Portrait Chloe Smith
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I will ask my colleague the employment Minister to write to my right hon. Friend to ensure she has a full update, and I touch briefly on an example such as mandatory pay gap reporting, which is helping to drive progress.

Nia Griffith Portrait Dame Nia Griffith (Llanelli) (Lab)
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2. What steps the Government are taking to tackle sexual harassment against women in the military.

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Caroline Dinenage Portrait Dame Caroline Dinenage (Gosport) (Con)
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5. What steps she is taking with Cabinet colleagues to help support female entrepreneurs.

Chloe Smith Portrait The Minister of State, Department for Work and Pensions (Chloe Smith)
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We set up a taskforce on women-led high growth enterprise, which met for the first time this month. It will use its convening power to influence high growth investors and the business community, and to raise aspiration of the next generation of female entrepreneurs right across the country.

Caroline Dinenage Portrait Dame Caroline Dinenage
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I thank the Minister for that answer, but the fact is that if women were starting and scaling businesses at the same rate as men it would add a staggering £250 billion to the UK economy. We need to turbocharge the investment and support we are giving to female entrepreneurship. What thought has been given to pivoting some of the existing financial packages, such as the enterprise investment scheme, to better support women-led enterprises?

Chloe Smith Portrait Chloe Smith
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The enterprise investment scheme has specific objectives. It is designed to encourage investment in higher risk early stage companies. However, the Government are committed to supporting women entrepreneurs in a range of ways, as highlighted by the implementation of recommendations from the Rose review. I would be happy to ask a colleague of mine to discuss the issue further with my right hon. Friend.

Alison McGovern Portrait Alison McGovern (Wirral South) (Lab)
- Parliament Live - Hansard - - - Excerpts

The hon. Member for Gosport (Dame Caroline Dinenage) rightly points out some problems with the Government’s schemes, but the Minister, who works within the Department for Work and Pensions, should know that the way that childcare functions within universal credit does not help women become entrepreneurs either. What conversations has she had with the other Ministers in that Department and civil servants on reform to childcare?

Chloe Smith Portrait Chloe Smith
- Parliament Live - Hansard - -

The Government are committed to a range of ways to help families—not just women, but parents—with childcare. There is a set of messages we could let go out from this exchange today, which includes encouraging families to take up the childcare options that are available. There will be more that we can do to continue to encourage people to take the work that is right for them and to support them as they do so.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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6. What steps the Government are taking to support women in the workplace.

Chloe Smith Portrait The Minister of State, Department for Work and Pensions (Chloe Smith)
- Hansard - -

Continuing the previous theme, we are committed to helping women in every workplace and we have announced new initiatives to do that. For example, we have called on all employers to provide salary information in job adverts. As the Minister for Women and Equalities, my right hon. Friend the Member for South West Norfolk (Elizabeth Truss) has already articulated, we are helping women to return to STEM roles where their talents are most needed, and, as already touched on, a new taskforce will increase the number of women-led high growth businesses.

Joanna Cherry Portrait Joanna Cherry
- Parliament Live - Hansard - - - Excerpts

I thank the Minister for her answer. Will she join me in welcoming the unequivocal judgment of the employment appeal tribunal and the employment tribunal in the case of Maya Forstater v. the Centre for Global Development, to the effect that gender-critical beliefs are protected under the Equality Act 2010 and that women, and indeed men, must not be discriminated against, harassed or victimised for either holding those beliefs or stating them? Does she agree with me that all employers will require to review their workplace practices in human resources and their equality, diversity and inclusion policies to ensure that they comply with the law as stated in that judgment? Can she tell me what steps she will take to ensure that that happens?

Chloe Smith Portrait Chloe Smith
- Parliament Live - Hansard - -

I thank the hon. and learned Lady for that question. She is, as we all know, very thoughtful on these issues and looks very carefully at the important consequences of the issues at hand. The rulings in that case and others reflect the important balances that the Equality Act already provides for. I think the key point to make in response to her is that we agree that we must protect free speech and allow open discussion. It is, of course, the responsibility of all employers to ensure that they comply with the law as set out in legislation, such as the Equality Act 2010, and interpreted by the courts.

Maria Miller Portrait Dame Maria Miller (Basingstoke) (Con)
- Parliament Live - Hansard - - - Excerpts

In March, the UK Government ratified the International Labour Organisation convention outlawing violence and harassment in the workplace, something that still disproportionately affects women at work. In ratifying that convention, the UK Government need to have in place a programme of work to prevent and enforce the law around those issues. Will the Minister outline how the Government will make sure that they live up to the important provisions in that convention?

Chloe Smith Portrait Chloe Smith
- Parliament Live - Hansard - -

My right hon. Friend, as always, makes vital points and I am very pleased that she does. I will ask the Minister for Women and Equalities to write to her with a fuller update so that she can be assured of the Government’s commitment to these vital matters.

Sarah Atherton Portrait Sarah Atherton (Wrexham) (Con)
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7. What discussions she has had with the Secretary of State for Defence on tackling gender inequalities in the armed forces.

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Julian Sturdy Portrait Julian Sturdy
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Sadly, Lib Dem-run City of York Council is continuing with its restrictions, which have an impact on blue badge holders, and is dodging decisions on city centre parking. This is causing a huge disadvantage to rural communities in my constituency who have poor transport links. Does the Minister agree that city centres should be accessible to all?

Chloe Smith Portrait The Minister of State, Department for Work and Pensions (Chloe Smith)
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Yes, passionately, and the Equality Act 2010 sets out ways in which local authorities should ensure that. I will make sure that departmental colleagues know of my hon. Friend’s concerns.

Lindsay Hoyle Portrait Mr Speaker
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I call the shadow Minister.

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Rachel Hopkins Portrait Rachel Hopkins  (Luton South)  (Lab)
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T3.   E-scooters can be difficult for people with sight loss to identify and avoid, especially when they are ridden illegally on a pavement, because they operate quietly. What assessment has the Minister made of the impact of the illegal and unsafe use of e-scooters on people with a visual impairment?

Chloe Smith Portrait Chloe Smith
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I will be meeting the Department for Transport’s disability champion this very afternoon, and I will take that question to discuss with her.

Duncan Baker Portrait Duncan Baker (North Norfolk) (Con)
- Parliament Live - Hansard - - - Excerpts

T7. Will my right hon. Friend congratulate my constituent, the jewellery designer Monica Vinader, whose roots are in North Norfolk and whose head office is on the Holkham estate, on winning the 2022 Queen’s award for enterprise and sustainable development? Does she agree how wonderful it is to see women in business promoting ethical and sustainable business practices around the country?

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Munira Wilson Portrait Munira Wilson (Twickenham) (LD)
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T5. Given that almost a third of kinship carers have a disability or a chronic condition, and a given that a child in kinship care is twice as likely to be black as white, it is clear that kinship care is an equalities issue. Will the Minister meet me to discuss my Kinship Care Bill, and how we can help the kinship carers who step up to support a child in crisis?

Chloe Smith Portrait Chloe Smith
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Yes. [Interruption.]

Lindsay Hoyle Portrait Mr Speaker
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Order. I want to hear the question answered. [Interruption.] I am sorry; I could not hear it. Please, Minister, try again.

Chloe Smith Portrait Chloe Smith
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I apologise for the confusion, Mr Speaker. The answer to the hon. Lady’s question is yes: I am happy to do that.

Lindsay Hoyle Portrait Mr Speaker
- Hansard - - - Excerpts

Excellent. Thank you.

Before we come to Prime Minister’s questions, I should point out that a British Sign Language interpretation of proceedings is available to watch on parliamentlive.tv.

Oral Answers to Questions

Chloe Smith Excerpts
Wednesday 8th June 2022

(1 year, 9 months ago)

Commons Chamber
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Ian Levy Portrait Ian Levy (Blyth Valley) (Con)
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11. What steps the Government are taking to improve public knowledge and awareness of sign language.

Chloe Smith Portrait The Minister of State, Department for Work and Pensions (Chloe Smith)
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The Government were delighted to support the private Member’s Bill to recognise British Sign Language as a language of Great Britain. We will improve public knowledge and awareness of BSL, including through guidance that will help to promote and facilitate the use of the language, and much more.

Ian Levy Portrait Ian Levy
- Hansard - - - Excerpts

I welcome the introduction of the British Sign Language Act 2022, recognising BSL as an official language in England, Scotland and Wales. However, families in Blyth Valley still feel discriminated against in such areas as free sign language classes and educational opportunities for deaf children in schools. Does my right hon. Friend agree that there is still much more to be done to improve the lives of people in our communities?

Chloe Smith Portrait Chloe Smith
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We are passionate about improving opportunities for deaf people who use BSL and increasing general public understanding of deaf people’s language and culture. Linguistic exclusion is a problem and can affect education, jobs and more.

Scott Benton Portrait Scott Benton (Blackpool South) (Con)
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T1. If she will make a statement on her departmental responsibilities.

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Munira Wilson Portrait Munira Wilson (Twickenham) (LD)
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T5. This week is Carers Week, and I hope the Minister will agree that unpaid carers make an invaluable contribution to our society but are often unseen. Will she commit to making being an unpaid carer a protected characteristic under the Equality Act 2010, as Carers UK has called for?

Chloe Smith Portrait The Minister of State, Department for Work and Pensions (Chloe Smith)
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I cannot give that commitment, but I look forward to joining the hon. Lady and others at the reception this afternoon with Carers UK, because there are many important issues regarding how we can support unpaid carers.

Helen Hayes Portrait Helen Hayes (Dulwich and West Norwood) (Lab)
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T6. The cost of a full-time nursery place for children under two has risen by 16% in the past five years, and for the first time in decades, the number of women leaving the workforce has increased. Does the Minister for Women and Equalities think that this Government’s failed approach to childcare, which is pricing some women out of work and others out of parenthood, is remotely acceptable? What recommendations is she making to the Treasury and the Department for Education to sort out the problem?

Oral Answers to Questions

Chloe Smith Excerpts
Wednesday 30th March 2022

(2 years ago)

Commons Chamber
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Wera Hobhouse Portrait Wera Hobhouse (Bath) (LD)
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9. What discussions she has had with the Secretary of State for Work and Pensions on energy costs for disabled people.

Chloe Smith Portrait The Minister of State, Department for Work and Pensions (Chloe Smith)
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The Treasury recently announced £9.1 billion of support for energy customers, including a bill rebate, a council tax reduction and continuing support for the most vulnerable households. Furthermore, a doubling of the household support fund was announced in the spring statement, which is again getting help to where it is needed most.

Wera Hobhouse Portrait Wera Hobhouse
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On behalf of the Liberal Democrats, I commend the hon. Member for Bridgend (Dr Wallis) for his bravery in speaking out. We wish him all the best. I think I speak for everyone in the Chamber when I say that we are here to support him.

Disability charities estimate that the number of disabled people in fuel poverty could double this year. A constituent recently told me, “I stay in bed to keep warm and to keep up with my energy costs. I skip meals to cope with my grocery costs.” Will the Government and the Minister support our call to reinstate the £1,000 universal credit uplift and to keep in line—

Lindsay Hoyle Portrait Mr Speaker
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Order. I call the Minister. Come on, this is far too long.

Chloe Smith Portrait Chloe Smith
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I assure the hon. Member for Bath (Wera Hobhouse) that I regularly meet many disabled people and disability organisations. I am aware of this issue and the natural anxiety about rising costs felt by many who live on a fixed income. That is why the Government are already acting in the way I set out.

Justin Madders Portrait Justin Madders (Ellesmere Port and Neston) (Lab)
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10. If she will undertake an equalities impact assessment of HM Prison and Probation Service’s equality assessment for fitness testing.

Elections Bill (Second sitting)

Chloe Smith Excerpts
Wednesday 15th September 2021

(2 years, 6 months ago)

Public Bill Committees
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None Portrait The Chair
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Thank you. Minister, would you like to ask the first question?

Chloe Smith Portrait The Minister for the Constitution and Devolution (Chloe Smith)
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Q As this is such a short session, I will ask one question each of our two witnesses. Mr Campbell, it is nice to see you here today; thank you for giving up your time. The Government’s call for evidence on the accessibility of elections showed that one of the main barriers to voting can be the definition of “companion” in legislation. Do you agree that the expansion of the definition of who can act as a companion will be of benefit and will support more elderly voters and voters with a disability in being able to vote in person?

Fraser Campbell: Yes, absolutely. Anything that can be done to make voting easier is to be encouraged. That is why, I suspect, more Members will have questions about some of the provisions that make voting more difficult, but I will not get on to that until I am asked.

Chloe Smith Portrait Chloe Smith
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Q Moving on to Mr Howarth—David, if I may—you have been a Member of Parliament, so welcome back; it is nice to see you today. You are a former Liberal Democrat Member, and it is great to have your particular intersection of experience. Knowing Parliament as you do, and knowing how, at its best, it can be a place for scrutiny, debate, insight and experience, do you think it is a positive addition to the accountability and governance of the Electoral Commission that we have a greater role for Parliament coming in? Or do you think that the work of the electoral commissioners and the Speaker’s Committee on the Electoral Commission as it currently stands is sufficient?

Professor Howarth: First, may I say that it is good to be back? It is just my luck to be giving evidence during a reshuffle. All I can say is, “Chloe, good luck,” and I will understand it if you will be glancing at your phone.

The accountability of the Electoral Commission is twofold. First, there is accountability to the Speaker’s Committee. That is useful, but it is limited, and should be limited, to the use of resources; it is related to the estimate under which the commission is funded. Secondly, on individual decisions the commission is accountable to the courts. That is to say, if it issues a fine or some sort of order against an individual or a party, those organisations or people can appeal to the courts. I think this afternoon you will hear from someone who successfully appealed a fine that had been imposed by the commission. It might have been helpful to hear from people who have been fined and failed in their appeal, or chose not to appeal.

There are two lines of accountability, and I think the danger in the Bill is getting them mixed up. The line of accountability to the courts should not interfere with Parliament, and the line of accountability to Parliament should not interfere with the courts. Secondly, what the Bill actually does is make the commission accountable to Parliament in terms of direction or guidance issued by a Minister, and then obviously agreed to on the nod in the usual way of statutory instruments by the Commons, and they would not trouble the Lords. Nevertheless, that is not accountability to Parliament; that is accountability to the Government—

None Portrait The Chair
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May I interrupt? Professor Howarth, we are having trouble hearing you. Could you turn your microphone up, please?

Chloe Smith Portrait Chloe Smith
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I am really sorry, Ms Rees. I could hardly hear any of that answer.

Fraser Campbell: I wonder whether I may say a word on the Minister’s question. My view on parliamentary accountability is that of course it is very important. It has to be balanced against the independence, and the perceived independence, of the commission. To the extent that the Bill wishes to introduce scope for the commission to be given a statement of principles and objectives, I think the question arises whether that will be useful and, if it is, to whom.

Based on the Minister’s statement from 17 June this year, which talked about the content that that statement might have, there was an indication that it may lay down principles for the Electoral Commission in terms of impartiality, accountability, value for money, proportionality and consistency. I wonder how useful that would be, because the Electoral Commission, whatever one thinks of its performance, presumably does not think at the moment that it is proper for it to provide poor value for money or be partial, unaccountable, disproportionate or inconsistent.

The question arises, to make a difference, what difference it will make. My concern—Professor Howarth has expressed this in the press—is that there is a danger of an arm’s-length independent body being pressured by the majority in the House of Commons, and the party of Government, to prioritise things that may be perceived to benefit that party and to deprioritise other things, or even to seek to intervene and give guidance on individual cases. If that were done, there would be the potential for very real damage to the perceived independence of the commission and a sense of people who are elected—by definition, the victors of elections—to some extent regulating themselves. I think that would be the intention with the overall aim of the long-established Electoral Commission.

None Portrait The Chair
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Thank you. Professor Howarth, could you try repeating your answer to see whether we can hear you?

Professor Howarth: I will try. Can you hear me now?

None Portrait The Chair
- Hansard -

Yes, that is much better.

Professor Howarth: I started by wishing Chloe good luck in the reshuffle. The accountability of the Electoral Commission, as Fraser just said, is an important matter, but the commission on individual matters is accountable to the courts, not to Parliament. There is an appeal process. I think there is a witness later this afternoon who appealed successfully against a commission judgment. There are many others who have failed in their appeal or withdrawn it.

It is important not to mix up the legal accountability of the commission to the courts with the accountability to the Speaker’s Committee, which is basically to do with its financial responsibility. The commission operates under an estimate that does not go through the Government. The accountability on the spending side is to the Speaker’s Committee. Where the Bill goes wrong, I think, is in mixing those two things up and subjecting the commission to policy guidance by the Government. The accountability that has been proposed to Parliament is on the basis of the Government’s guidance to the commission and then to Parliament. That reduces the autonomy not just of the commission but of Parliament in holding the commission to account on what it wants to hold it to account on, not what the Government tell it to.

Chloe Smith Portrait Chloe Smith
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Q I have one follow-up question, on your time as an electoral commissioner, which as we all know is very different from the election commissioner role, on which we heard from Richard Mawrey earlier today. From your time in that role, David, could you give us examples of when you think there was effective governance and ineffective governance between the commission’s proposals or plans and the SCEC?

Professor Howarth: On the whole, every year there is a useful discussion between the Speaker’s Committee and the leadership of the commission on budgetary matters—issues to do with how much money would be suitable for a particular year. I should really add in parentheses that that will be far more difficult if and when the Fixed Term Parliaments Act 2011 is withdrawn, because it will not be clear whether there will be a general election in any particular year. There is a balance between the ongoing expenditure of the committee on base and the exceptional expenditure that comes about because of the number of electoral events in the year. Over the years, the fact that there were two parts of the budget has been cleared up between the committee and the commission. I think that operates well. It was starting to operate not well by the end. I think that is an example of both.

Cat Smith Portrait Cat Smith (Lancaster and Fleetwood) (Lab)
- Hansard - - - Excerpts

Q My question for both witnesses is about the accountability of the Electoral Commission and the part of the legislation we are looking at on that issue. It is a balance between parliamentary accountability for the commission but also independence of the commission to be able to do its job. As it stands, the Speaker’s Committee on the Electoral Commission has an in-built Government majority, with five Members from the governing party and three Opposition MPs—I declare an interest as a member of that committee. Do you feel that is effective and what do you think will be the impact of adding another Government MP to that committee? Do you think the Electoral Commission is currently suitably held to account by Parliamentarians?

Professor Howarth: Perhaps I should answer that more than Fraser. I do not think there should be any circumstances in which there is a Government majority on the Speaker’s Committee. It was set up not to have that, but the balance in the House that determines which party gets which Chair of which Select Committee has an effect. I think the legislation has to be adjusted to ensure that the definition of who is on the Speaker’s Committee is not affected by those sorts of changes. The whole idea is for there to be consensus on electoral matters across the parties. That is the main objection to having ministerial guidance in the first place—a Minister from any particular party might be seen to say something in the interest of the party. Similarly, the Speaker’s Committee should never have a single-party majority. The legislation should make that clear.

Fraser Campbell: I agree with what Professor Howarth says about majorities on the committee. Members have to bear in mind the distinction between accountability and direction. It is one thing for the Electoral Commission to be accountable to Parliament, through the Speaker’s Committee and potentially through other mechanisms, in terms of explaining itself and being questioned about decisions it has made or its performance. It is another thing for it to be directed to do particular things.

That is the concern that arises in terms of the statement of principles. One example of that is that it envisages the ministerial statement and directing priorities. One can easily think of examples where it might be quite improper for particular priorities to be set; for example, if there was a hypothetical party that drew disproportionate amounts of support from older people as opposed to students. One can imagine why that hypothetical party might wish to make it a priority for the Electoral Commission to assist in increasing turnout among the elderly, and on whatever grounds it came up with, deprioritise facilitating students living in multiple households to register to vote. If that was a direction given to the commission, that would not really be accountability at all but interference. It would be much better for the commission to be allowed to get on with what are very well established and understood statutory objectives, and for Parliament through whatever means to hold it to account on its performance.

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None Portrait The Chair
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Professor Howarth, if I can interrupt you, we are having trouble hearing you again.

Professor Howarth: Oh right! I thought I had fixed that.

Chloe Smith Portrait Chloe Smith
- Hansard - -

Could you also lift your head up so we can lip read?

Professor Howarth: The temptation when on a computer is to bend down towards the microphone. I shall try to let you lip read.

I agree that there is a problem with clause 23. The power to add groups that can campaign as third parties is obviously justifiable. The delegated powers memorandum gives no justification for the power to remove or the power to redefine. Those are powers that could be abused.

There is also a change in clause 20 that to most people looks logical, but there needs to be a replacement provision. It is the proposal to end the possibility of parties acting as third-party campaigners. The Electoral Commission’s guidance says that is the main way in which parties can act together in electoral alliances and pacts. If clause 20 remains as it is, with no replacement provision, then parties will not really be able to operate in electoral pacts or alliances. They will be limited to £700 of expenditure if promoting a national campaign of another party. There needs to be a specific provision for pacts that is fair. Obviously, those provisions would have to apply to canvassers campaigning on common ground, but this is too restrictive.

On the question of what ought to be in the Bill, there is a massive Law Commission report on all the problems identified in electoral law, which should be part of this Bill. That report is now gathering dust, as too many Law Commission reports do.

I go back to the Constitutional Affairs Committee and Justice Committees before 2010, which came to an agreement on the crucial issue in electoral reform, which is donations. Should there be a cap on donations? We got a Committee to agree on a very high cap, but also to the principle that there ought to be a cap. If you do not have a cap on donations, the whole system is open to the accusation that it is just there for rich people to buy elections. That is the most important problem in the way we allow elections to be run. We need to get the system on to a completely different basis of small donations by ordinary people.

Jerome Mayhew Portrait Jerome Mayhew (Broadland) (Con)
- Hansard - - - Excerpts

Q Professor, you asked where this idea of the statement of principles and the policy framework for the Electoral Commission has come from. I hope you were able to hear the evidence in this morning’s sitting, particularly that from Councillor Golds, who gave damning examples of where evidence of widespread fraud was taken by him and others to the Electoral Commission and, in his words, ignored.

Professor Howarth: Let me explain. The Electoral Commission does not have a role in legal contests about individual cases of electoral fraud. It has an overall supervisory role, but its regulatory powers are aimed at parties and their national campaigns. For example, on the spending returns of individuals in parliamentary elections, the commission has a power to look at them, but no power to enforce the law. That is all done by individuals and by the police.

The commission’s power has to do with the national spending limits of the national parties. If you think the commission should be doing more on that, you need to change the commission’s powers so that it can. What the Bill does instead is remove the commission’s power to instigate prosecutions, which makes the situation even worse.

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Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

Q I have one final question for Ailsa Irvine. The Electoral Commission reports to and is funded by the Scottish Parliament and the Welsh Senedd, as well as the UK Parliament. How do you think the changes in the legislation whereby the UK Parliament can set the strategic direction will impact the way in which the commission engages with the devolved nations?

Ailsa Irvine: In general terms, we have concerns about the commission relating to the strategy and policy statement and the impact that that may have on the commission’s independence, going as it does beyond scrutiny and accountability, and potentially into providing guidance about how we carry out our functions on a day-to-day basis.

Specifically on our accountability to the Scottish Parliament and the Welsh Parliament, which is as important as our accountability to the UK Parliament, looking as we do in those three different directions, it is really important that there is consultation with those Parliaments. At the moment, the legislation focuses on consultation with Welsh Ministers and Scottish Ministers, but we are actually accountable to those legislatures through the Llywydd’s Committee and the Scottish Parliamentary Corporate Body, so it is important to be able to ensure that they are also consulted and involved in the process in an equivalent way to the Speaker’s Committee.

When those consultations take place, whether with the Speaker’s Committee or with the devolved legislatures, it is really important that we are able to see what feedback is provided on any consultation on the statement, so that—assuming that the provisions go through—when it is presented to Parliament, given that it is presented as an all-or-nothing decision, there can be absolute clarity on what those who have been consulted have fed back and on their views on the operability of the statement.

Chloe Smith Portrait Chloe Smith
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Q Good afternoon to our three witnesses. Thank you very much for joining us. In our various ways, we know each other well from much work done over the years, so it is good to have you with us.

I will start with a couple of questions to Virginia about the concepts of turnout, fraud patterns and confidence, each of which is important in what we are looking at, particularly for voter identification. I am sure we would all agree that turnout is not a linear trend—it can be influenced by wider political factors—but can you confirm that in the first general election after photographic identification was introduced, the 2005 election, turnout in Northern Ireland was higher than in each of England, Scotland and Wales?

Virginia McVea: I am sorry, but we do not retain those records within the Electoral Office. I can certainly provide the answer to the Committee as a follow-up.

Chloe Smith Portrait Chloe Smith
- Hansard - -

Q Thank you. I apologise; I meant in no way to put you on the spot. We have a note from the House of Commons Library that contains those figures, so I just wanted to give you an opportunity to expand on them.

I will turn instead to the evidence of fraud, which is perhaps the meat of the issue in some of what we are doing on voter identification. Has photo identification been effective in stopping personation, and does it function effectively as a deterrent? In other words, does it prevent the crime from being able to take place in the first instance?

Virginia McVea: Views across Northern Ireland will not be uniform in relation to the provision of photographic identification. What I can tell you, from looking at the tendered ballots for June 2017, for example, is that 24 were issued across all of the constituencies in Northern Ireland. In 2019, there were 18. Broadly, it would be fair to say that there is a public perception that photographic ID is helpful. We all know that there is a fear of fraud. The data that I hold, and the evidence that is available to me, does not bear out any kind of systemic fraud in Northern Ireland.

We are in a position where we provide those details in relation to the tendered ballots. When our polling station reports are returned—the poll staff are able to document all kinds of things that have occurred during the day—that is not something that occurs in our reports, nor is it something we hear from our polling station inspectors, who travel around. That said, some parties will raise concerns with me, and we are always trying to provide—through data analytics on the number of people who are used as proxies, or on absent votes generally—as much evidence as we can, to be as transparent as possible, because the evidence that we have does not bear it out.

Chloe Smith Portrait Chloe Smith
- Hansard - -

Q Yes, indeed. I quite understand that. Without wishing to be facetious, for the benefit of the Committee, do you agree with me that absence of evidence is not evidence of absence?

Virginia McVea: Absolutely, but our purpose is to try to inquire as far as we possibly can, so we are now able to lift that out through increased analytics opportunities. Tendered ballots are an opportunity. Feedback from polling stations, and across the board with polling station inspectors, is very helpful. Issues are raised with me; political representatives will contact me throughout polling day, for example. That is not something that is raised in every constituency in large numbers. There will tend to be higher levels of concern in certain areas among certain representatives. Either in situations where people have wanted to move on or where we have thought it necessary in relation to certain polling stations to pass information to the police, there have been no prosecutions.

Chloe Smith Portrait Chloe Smith
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Q Thank you so much for sharing your insights. Ailsa, the Electoral Commission’s analysis across various years—I am looking at some from December 2015—concluded that voters’ confidence that elections are well run is consistently higher in Northern Ireland than in Great Britain. Can you say a word about what you know about that from your records? Could you also please explain to the Committee why it is that for many years the Electoral Commission has advocated the introduction of voter identification in Great Britain?

Ailsa Irvine: We do see high levels of public confidence, not only in Northern Ireland but across the whole the UK. We saw that borne out in the elections that took place in May in Great Britain—there were high levels of public confidence in and satisfaction with the processes of voting and registering to vote. It is important to bear in mind that we are starting from a high base of public confidence. Having said that, we know that concerns about electoral fraud are in the mind of the public. From our public opinion survey work, we have found that two thirds of electors said that they would be more confident in the process if they were required to show a form of photo ID at the polling station. So that is relevant and a consideration for some voters.

Essentially, we recognise that, in the polling station process, no safeguards are in place to check anybody’s identity before they are issued with a ballot paper. That stands out quite strongly from other parts of the process. If you are applying to register to vote, your identity is verified beforehand, and if you are casting a postal vote, your identity is verified through that process. It does mean that there is a vulnerability in the polling station process with no check on the identity of voters—as has been found.

Chloe Smith Portrait Chloe Smith
- Hansard - -

Q Thank you very much.

Peter, thank you very much for joining us. On a different topic, may I pick your brains on supporting voters with disabilities at the polling station? We have a measure in the Bill that will widen the existing law, which includes a highly specific requirement for support for voters who are blind or partially sighted, into support for any disability. What are your thoughts on that, and how would you expect your members to respond to it?

Peter Stanyon: We welcome less prescription. One of the biggest challenges presented in polling stations at the moment is the prescription brought in by the tactile voting device. It works in itself, and there is nothing wrong with it, but it is the one thing available to work with under the legislative framework. The widening of the ability to use alternative methods has to be welcomed, as long as there are base standards that the returning officer is expected to follow. That is not to remove the TVD from polling stations, but to add in additional potential mechanisms that will be of assistance to individual voters.

You may have seen the evidence I gave to PACAC last week. We are making the point that this is the sort of area in which people in the third sector with experience will be able to advise returning officers of the best solutions to allow individuals to vote independently in the polling station, whether they have visual impairment or are there as a regular voter. The key point of the whole process is to give them that ability, and if that means that they are able to use something that is suitable to them—that the returning officer is aware of and that does not break secrecy or introduce risk to the process—we would fully support that. It is about having that ability to provide the flexibility for local circumstances. That said, there does need to be a minimum base standard that any voter walking into a polling station will be able to expect, if they require that level of assistance.

Chloe Smith Portrait Chloe Smith
- Hansard - -

Q Thank you, Peter; that is so helpful. Might the standard that you refer to reasonably be something that would be provided in guidance and training?

Peter Stanyon: I think so. It is the sort of thing that may come into such things as performance standards, which the commission oversees. It will come down to what sorts of things returning officers should be considering, and ensuring that staff in the polling stations are au fait with the options available to them. That will come with a number of strands to it, rather than being the very tight prescription that we have at the moment, which can fail as a result of its not being used correctly.

Peter Gibson Portrait Peter Gibson (Darlington) (Con)
- Hansard - - - Excerpts

Q Good afternoon. My first question is to Virginia. What advice would you offer the Electoral Commission with regard to the implementation of voter ID and how to communicate it to the public, based on your experiences in Northern Ireland?

Virginia McVea: Most of the comments from Northern Ireland will have to be heavily caveated. All present will be aware that the context in which this change was brought about in Northern Ireland was very different from that in which the discussions are taking place here. That must always be borne in mind. There are some practical difficulties, which colleagues have mentioned, in terms of being ready for this. There is the initial cost. Funding was provided, as I understand it, for the Electoral Office of Northern Ireland, but the costs were considerable at a point in the early stages where, for example, the cost of card production was well over £100,000 back in 2004.

There is the cost factor, and there is also the time factor. We may have been able to reduce the cost down now to just over £2 per card, including the postage, but the time factor becomes relevant, and the fact that the photographic ID can be used for other things. People will approach us not for voting purposes, and outside election periods. For example, in January 2019 we had 517 and then 537 applications. The fact that ID cards serve other purposes for members of the public has to be borne in mind in relation to the administrative impact and the time that is taken in terms of staffing—ensuring that your process is watertight, essentially—so that there cannot be further issues in relation to fears among the public about the process itself.

There have been huge efforts in Northern Ireland to ensure that the administration works, but cost and time are big factors. We do not, unfortunately, have records. I have picked the brains of those who have gone before in relation to the difficulties experienced. The passage of time can dim some memories, but it is my understanding that it was not an easy process without its challenges and challengers. However, it is now largely accepted. It has to be borne in mind that we are talking about an almost 20-year process. We do not get conflict in polling stations or challenges in relation to the provision of ID. We do not have a lot of problems in polling stations with people bringing the wrong ID. It happens occasionally, but it is generally not a problem. The bigger teething issues will be, as Peter says, to ensure that the authorities are prepared for it, and have proper processes, sufficient funding and some expectation of the demand that is projected.

--- Later in debate ---
None Portrait The Chair
- Hansard -

Minister, would you like to ask the first question?

Chloe Smith Portrait Chloe Smith
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Q I am happy to go first. Good afternoon and welcome to both our witnesses. It is great to have you with us; thank you for giving up your time in all the ways that you do, including a sliver of that this afternoon.

Rob, if I may start with you, this question goes on from the conversation we have just been having, which I think you were listening to, about the ins and outs of voter identification. As you mentioned in your introduction, regrettably in Birmingham there is that history of having had a major fraud event. I am interested, first, in your reflections on leading a council out of and onwards from that, because it cannot have been easy to do that, and how you might go about trying to give confidence to the city’s citizens that they can trust in their elections.

If you need a moment to draw your breath, I will give you my second question as well, which is to invite you to provide some insights into the work you have been doing with other leaders of councils to look at what might be needed to implement voter identification—for example, training of polling staff, particular support that might be needed at polling stations and the many detailed questions that I know you have begun to give thought to.

Rob Connolly: I will take the first question to start off. As you say, Birmingham hit a low in 2004 with the various fraud cases that were going on, which resulted in a number of election results being set aside. I joined the elections office in 2009 in the capacity of a deputy returning officer, but even after five years we were still struggling to move away from those issues. I think it was not until 2018, when we had our last all-out elections, that I felt we were able to put the ghost of 2004 to bed for the final time.

When I joined in 2009, the biggest issue for me was not so much fraud itself, but the perception of fraud that remained. When allegations of fraud came up, they would be investigated; we were very lucky that West Midlands police took it seriously and had their own specialist unit that helped us with that. We would obtain evidence in polling stations and, if allegations came up about personation, for example, we would challenge it by asking, “What is your evidence?”

I remember something that put it into context for me. I asked a senior politician at the time what evidence he had of personation, and his response was, “I haven’t actually got any, but I just know it goes on.” That was not very helpful for me or West Midlands police in challenging it, so we decided to be quite “aggressive” in challenging people back: “Why do you think that? The data from our polling stations, which we get from our staff at the frontline, would actually paint a very different picture. There are very few allegations in that particular area of personation.”

We would start to understand why people could not vote—maybe because they were marked as a postal voter. What happened there? Again, we have started to establish slowly over time, certainly for our elected members, that we could be trusted, and it is about restoring that integrity. I think this is part of that road trip.

Chloe Smith Portrait Chloe Smith
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Q As a follow-up, if my memory serves me correctly the judgment in the Birmingham case—we had Richard Mawrey with us this morning—included quite a few scorching comments that you do have to look for such things. It is not enough to look away and claim that it is not plausible that it could be taking place, and therefore never be prepared to look for such evidence. In fact, he said you would have to be ostrich-like to not want to look for the evidence and make it better, as clearly you were seeking to do.

Rob Connolly: Absolutely. We cannot rest on our laurels simply because we do not know about it—that does not mean it cannot happen. Again, it comes back to that working partnership with West Midlands police, but also with all the political parties at a local level, because we often have post-election reviews with them. I go to my oversight committee, any issues are raised with me there and then, and we will take those away. If they have concerns and if we can improve things, we will work with them to implement those changes.

Chloe Smith Portrait Chloe Smith
- Hansard - -

Q Yes, indeed. You are doing that to give residents confidence. Do you get a measure of that back from residents?

Rob Connolly: I suppose the way we get that is from the number of complaints about the process and, bearing in mind our electorate, we get very few. A lot of complaints come via members or MPs. We assure them about the processes, and we can have confidence that we have done everything we are supposed to do. I think that process does take time.

We have also been subject to a couple of reviews by the Commonwealth Parliamentary Association, where they have looked at it completely afresh and picked up a couple of issues, which we then dealt with. One of the biggest issues they came up with was, as an example, people in some communities go in and huddle together in the polling booth. We picked up on that very quickly and we sorted out giving instructions to all our staff on how to deal with it. We put up extra notices in polling stations saying only one person is allowed in at a time.

I also appointed some independent observers, such as former police officers and council employees, to go around independently—I would not know where they were going—to give me a warts-and-all impression of what it was like in our polling stations. I have nearly 500, so it is very difficult for me to know the ins and outs of every single one. That is why we put in extra resources—totally independent of me. The report is done and I then share that with my political groups, so they have it uncensored and we can work together to make those improvements.

Chloe Smith Portrait Chloe Smith
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Q Thank you. Would you be able to turn to my second question?

Rob Connolly: When we learned about IDs potentially coming in, we set up a working group based on a number of authorities, mainly core cities. One of our concerns with the pilots was that they did not reflect a large urban area, such as Birmingham, Manchester or Liverpool. We had some very basic concerns about how it would work. I caught the tail end of the evidence of the previous session. We have the same issues: how can we do this? It has been calculated that about 2% of people have not got ID. That is the equivalent of 15,000 people in my electorate.

If they all come in during the election period, how can I make sure that no one will be disenfranchised? That is quite a big task, and that is the same across the board. We are working closely with Cabinet Office officials. We have the opportunity to put those questions to them and help them understand some of the issues we have at the coalface. That is sort of progressing. We are not just looking at voter ID. We are looking at all elements of the Bill. We have to be careful because it is not just about voter ID, but the impact of the whole Bill together and the impact that will have on administrators and our ability to deliver the election. There is an awful lot there, and it will impact us at a very particular time in the election process.

I have additional concerns from a Birmingham perspective, because potentially the first time this is introduced could be at a parliamentary election in 2024, as we will not have elections in 2023. That in itself would be a major concern for many. I do not think I am alone in that; there may well be other areas that will have that concern.

We meet monthly with the Cabinet Office. We take an element of the Bill, dissect it and feed back, and we are starting to get that information out. We have now started expanding. We have more authorities coming on board, who are very different from Birmingham and are more rural. How will they cope? We have asked the AEA and the Electoral Commission to start looking at it, so we have a joined-up look at how we can do this and give feedback to all administrators, to make sure they understand the implications and they can start planning now.

Chloe Smith Portrait Chloe Smith
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May I ask one more question to Louise and then I will hand on to other colleagues?

None Portrait The Chair
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Of course.

Chloe Smith Portrait Chloe Smith
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Q Louise, thank you so much for joining us and welcome to the Committee.

Acknowledging the breadth of what your members will be involved in, and I imagine you will be able to tell us a bit about how in many cases that spans from the registration process all the way through to delivery of polling day and much more, there is often discussion that says, “Well, let’s just get this done in our elections, let’s get that done. Let’s add a scheme here, add a scheme there.” I acknowledge that that can add up to a lot of asks on you and your teams, and those of your members.

With respect to overseas electors in this Bill, could you give us an insight into what has to be done at present to support the participation of overseas electors? What more do you think members will be doing to support a larger group of overseas electors being involved? Might you also make a comment about the number of days that you end up doing that during the election itself?

Louise Round: I would probably be right in saying that overseas electors is one of the areas that takes the most resource and the most ongoing year-round resource for most election teams. In many teams, there will be one person who is more or less dedicated to contacting overseas electors and reminding them to renew their registration. The proposal in the Bill to extend the period of time for which they can be registered without having to renew is welcome, in terms of reducing that burden.

As with all these things and a common phrase that you will hear us using, most registration events are driven by elections. We can do lots and lots of reminding, and we would, but it always tends to be the case that as soon as an election is announced, particularly a general election, suddenly people remember to renew their registration. It is a full-time, ongoing programme that takes an awful lot of time and energy.

During the run up to the election, when suddenly there is a whole load more work to do, it obviously diverts people who are also dealing with all the other many aspects of the election. The time by which people can register makes that particularly challenging, added to which you have the issue of postal votes. Naturally, the further away someone lives, the longer it takes for their postal vote to go out to them and the longer it takes to get back. There is an awful lot of trying to make sure that voters are enfranchised and have a vote, but also dealing with fall out and complaints when it gets to election day and their postal vote has not been received.

Yes, it is a huge amount of work and the proposal to extend the number of people who can be registered as overseas voters will obviously create even more work, but the idea that you can be registered for a bit longer now is welcome. I could not say how many days and I probably could not put a price on it either, but it is a lot and it will depend on how many overseas electors any particular registration officer has.

Chloe Smith Portrait Chloe Smith
- Hansard - -

Q Picking up on a recent debate in Parliament, Louise, would I be right in thinking that you would not like to see the electoral timetable reduced from 25 working days?

Louise Round: I think that would make what is already a very difficult task nigh on impossible.

Chloe Smith Portrait Chloe Smith
- Hansard - -

Q Thank you very much for your insight. Is there any more that you would like to say about the particular processes that will be required to support overseas electors in demonstrating their connection to the constituency they are registering in?

Louise Round: As with all these things, some of the detail will come out in secondary legislation. At the moment, it is really tricky because registers are not nationally open. If someone has to show that they have not been on a register apart from in the constituency in which the particular registration office is operating, there is no way really of registration officers checking that, so in a sense it is taken on trust. There is no way for them to check the register even of a neighbouring constituency, let alone one at the other end of the country.

The obligation to be satisfied that someone has a local connection is obviously really time consuming, and it depends how well prepared the person wishing to register is and what evidence they can adduce. At the end of the day, the registration officer has to be satisfied. There is wording in one of the clauses around whether, had they applied a long time ago, they would have at that point been able to demonstrate a local connection, which all begins to get a little existential, almost, and very theoretical. We are not trained detectives, so there is a balance, as in all registration activity, between not wanting to make the requirements so tight that no one can ever be registered and ensuring that we are not registering people who are not entitled to be registered and might be constituency hopping, as it were, to find the most convenient place to register for a particular election depending on what is going on there.

Brendan O'Hara Portrait Brendan O’Hara
- Hansard - - - Excerpts

Q Thank you very much for joining us. This morning, Richard Mawrey talked about the widescale postal vote fraud in Birmingham. What have you done to tackle that? What in the Bill helps you to further tackle that wide-scale postal vote fraud, and is anything missing from the Bill that would help you were it to be added?

Rob Connolly: I am not sure that something is missing from the Bill. What always surprises me is the number of postal votes that we get handed in on the day. We are talking perhaps 3,000 to 4,000 at a parliamentary election. We also recorded, as part of what happened, how many people brought the postal votes and in what numbers, and we often asked for names and addresses. There is no legal obligation to tell us, but in case there was a follow-up we tried to address that problem.

After the problems we had in Birmingham, the law was changed to deal with some of the issues that arose. To be honest, I am not aware that we have had major wide-scale problems in Birmingham, but it is not something that we can be overly confident can never happen again; it may do. We just have to be extra vigilant. That is where the joint working comes into play.

Restricting the number of postal votes that you can bring into a polling station may help, but we need to understand in a bit more detail the reasons behind it, because one of my concerns with the Bill is that you might be restricted to bringing in two postal votes into a polling station, but what is stopping you going to another polling station in the constituency and handing in another two? I also worry that by limiting it to such a small number we are potentially disenfranchising the honest person as opposed to your determined fraudster. A bit of work could be done around that.

--- Later in debate ---
Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

It was about third-party campaigners and the Minister’s power to remove their ability to campaign.

Dr Dommett: I have concerns about the powers of ministerial discretion in a number of areas in the Bill. That comes to a different area of my research that is not focused so much on the digital side but on public perceptions. The importance of electoral processes—especially electoral oversight—being seen to have a high degree of independence is absolutely pivotal for public trust. I would have concerns about the Minister’s ability to exert discretion here. I think that is fine for parliamentary oversight, but Government interference could raise public concern.

Chloe Smith Portrait Chloe Smith
- Hansard - -

Q Good afternoon to all three of our witnesses.

I will try to ask a question or two of each. Kate, sticking with you to start—very good to see you—will you give us an insight into the international picture of digital imprints? My understanding is that it is not a very long list of countries that have yet been able to address this and put it in place. I acknowledge your point that it has been a long time coming but, in turn, you will appreciate that is because we have taken time to do technical consultation quite comprehensively, which is needed here. Given that context, is it not the case that not very many other countries have managed to do this yet and we stand a chance of being in the lead?

Dr Dommett: You will have to forgive me, in that my research focus is largely the UK, so I cannot speak with as much authority here as I would like. There is some precedent for this around the world. What I am most familiar with is not national Government efforts, but the efforts made by social media companies in this area, where we have seen it rolled out at scale very successfully. As in a number of areas of electoral law, the UK is leading the way in terms of transparency, so I certainly agree that this is something that would help set a good standard, but there are certainly improvements that could ensure that this specific intervention marks a gold standard for what is done.

Chloe Smith Portrait Chloe Smith
- Hansard - -

Q Thank you, that is helpful and one of the things that we will be aiming to do. Will you also recap for us the goal, or the problem, that you think the absence of a digital imprint gives rise to that needs to be solved? We did not start with principles, but went straight into the details of how we might improve the idea.

Dr Dommett: From my perspective, it is interesting to read the Cabinet Office’s ambitions for this particular goal. They are extensive and varied. Primarily, this is about aiding electoral oversight and making it clear which actor is responsible for campaign materials, therefore providing a trail in order to determine whether any of the existing regulations have been violated.

In addition to that—this is where there is less evidence, interestingly, but where emphasis is often placed—this is about public transparency and increasing confidence and trust in the electoral process. In current debates, an awful lot of weight is placed on the ability of imprints to advance that goal. I would question whether we had the evidence that that is actually the case. It is something on which we have current live research ongoing here at Sheffield. We are looking at the relationship between seeing an imprint and a resulting increase in public trust. The primary goal, however, has to be that important one, which is providing a clear steer on where that information is coming from. That is vital because, from the public perspective, it helps. We all use cognitive shortcuts, so it helps us to orientate and understand the motive with which that actor is placing the content, which is very important.

Chloe Smith Portrait Chloe Smith
- Hansard - -

Q Yes, indeed. May I quickly pick up on the third-party campaigning definition question which you have just discussed with Cat Smith? Will you confirm for the Committee that there is already a provision in the Political Parties, Elections and Referendums Act 2000 —namely, section 88—that allows for a list of categories of entities that are able to give a notification or, in other words, to register with the Electoral Commission as a third-party campaigner? That already exists in law and as a concept.

Dr Dommett: I am afraid that I am not an expert on PPERA, so I will not be able to comment.

Chloe Smith Portrait Chloe Smith
- Hansard - -

Q Not to worry, we will pick that up later. Thank you so much for joining us. I turn now to Professor Fisher—welcome—and the notional expenditure part of the Bill. You have kindly already supplied some evidence to the Committee in which you say that you endorse the Bill’s approach to that question.

Professor Fisher: The question of notional expenditure has exercised electoral law since the introduction of PPERA 2000. Essentially, before that we had no national expenditure as such. It has caused some difficulty with questions surrounding the role of national parties and their targeting strategies, and the accusation has been that candidate expenses are bypassed.

There are a number of ways one can look to solve the problem, but having looked at all the ones that have been suggested, it seems to me that they would cause more problems than the current situation. I welcome the Bill’s attempt to bring clarity to that situation; for example, the notes around the Bill talk about the “leader ‘soapbox’ visit”. In the research I have done on campaigns, I came across a slightly ludicrous situation in the last campaign where a candidate needed to hide from their party leader to ensure that the expenditure did not fall on the candidate.

However, in recent years there have been a number of cases that were distressing for those investigated and, in one case, the investigation led to a prosecution. The prosecution that followed the case in the 2015 election was very interesting, in that the person who was prosecuted was from the national party, rather than the responsibility falling on the agent or the candidate.

I welcome the attempt to clarify that; I have some concerns about the wording in the Bill, which refers to being “encouraged” to engage in some activity. It seems to me essential that the candidate, the candidate’s agent and the relevant member of staff in the national party should be protected from any false accusation and that, therefore, there should be a proper documentary trail. That being so, the word “encouraged” leaves one open to misunderstandings and difficulties. It would be better for the principle to be in line with the acceptance of donations, where everything has to be on paper.

Coupled with that, it would be sensible for there to be a responsible person at the national party headquarters for authorising party expenditure in a constituency. There is no suggestion that that has happened, but it would perhaps protect junior members of party staff from taking the blame for something that had been authorised further up.

While I endorse the Bill, there need to be some safeguards, because in the past there have been suggestions that perhaps candidates and agents have had to take the blame for the actions of national party headquarters. Indeed, that is precisely what happened in a tragic case in 1997, and in a number of the cases I referred to that did not reach the court in 2015, there was some suggestion that candidates and agents were left rather more exposed than was necessary. I endorse the Bill. This is a difficult area, but on balance I think this is the best approach. It recognises both the electoral system and the traditions that we have in this country—but there should be some tightening of the language in it.

Chloe Smith Portrait Chloe Smith
- Hansard - -

Q Thank you. That is a very thoughtful reflection. I have always been struck by the need to continue to allow grassroots activists, volunteers and people who are not steeped in electoral law to be involved. Do you agree that there is a way here to encourage people to get involved without overbearing legal risk?

Professor Fisher: Definitely. In some ways, this refers back to the questions posed to Dr Dommett. I have some concerns about the over-regulation of elections. We have to accept that there is some activity that we simply cannot regulate, and one cannot have a situation where people who voluntarily engage in politics, which is a good thing—the vast majority of electoral agents are volunteers, and we would not want to prevent them from getting involved—find themselves on the end of a legal investigation as a result, perhaps, of a misdemeanour of which they were unaware. That is particularly true of electoral agents. The vast majority of them, more than 80%, are volunteers. It is some job to stand up and take on that role, in the knowledge that you could find yourself in prison.

Chloe Smith Portrait Chloe Smith
- Hansard - -

Q Thank you. I am sure there may be some other questions around that later on, perhaps bringing in our other guest who also has experience there. Sticking with you, Professor Fisher, I want to ask about the provision on third-party campaigner registration—the new lower tier for registration—and the Bill’s aim to restrict third-party campaigning to UK-based entities. You say that both of those make good sense, and hope that they serve to enhance transparency at an election. Can you explain why you take that view?

Professor Fisher: It seems to me that any piece of electoral registration around finance should be principally about transparency and trying to have an equal playing field, as far as that is possible. The tier for registration in England is out of step with the rest of the United Kingdom, so it makes good sense to harmonise that.

There is a real danger of third-party expenditure from outside the United Kingdom. It is right that the Bill seeks to regulate it, but I think that we must recognise that we will never be able to prevent it entirely. The internet falls outside of UK jurisdiction; we can deal with imprints, but it would be very difficult to stop a concerted campaign on Twitter or Facebook by a foreign actor. The principle is absolutely sound, and is something that has been practised since PPERA was introduced in 2000. The attempt to keep foreign activity out of elections is a problem that is found across the globe. This is a step in the right direction, as long as we recognise that we will not be able to stop all of the activity.

Chloe Smith Portrait Chloe Smith
- Hansard - -

Q Thank you so much. I will turn to Darren. Thank you for giving your time this afternoon. I am going to adopt the tone of Professor Fisher about the need to consider how much regulation is too much regulation, and how to encourage grassroots activists to be involved. Perhaps this is an area you might make a comment on?

Darren Grimes: Absolutely. I agreed with everything that Professor Fisher said. Briefly, as someone who was just a volunteer, and who does not know much about laws or statute books, I will set out why it is right for the law to make it easier for people to be part of the democratic process. Looking at what happened to me and others, a key concern for me is that if there were to be another referendum—and God help us if there were—people would be unwilling to put their heads above the parapet and be a responsible person for a registered campaign. I think that is a pretty damning indictment of where we are at in our democratic process.

Ultimately, as you have all said, a democracy that relies on volunteers would be left wanting if it was to be unable to recruit them. We would be poorer for the loss of their contribution. I have to say, with my hand on my heart, I would certainly not put myself forward as a responsible person in an election ever again—for as long as I live. It is not worth all the money in China for me to do that. That is pretty sad, and we should do anything that we can to make the process easier and more transparent, and for the Electoral Commission’s role in dealing with those registered to be permitted participants in elections role to be much more transparent. Anything we can do to make the process much more streamlined, much more transparent, and much clearer will be beneficial for a volunteer-based democracy.

Professor Fisher: May I comment on that? So that there is no misunderstanding, I think we have to protect volunteers, but a difference emerges once you start spending money. I think that is a very important distinction.

Chloe Smith Portrait Chloe Smith
- Hansard - -

Understood.

None Portrait The Chair
- Hansard -

For the benefit of witnesses, there is about to be a vote in the Chamber, so I thank the witnesses for their evidence, and the Committee will meet again here at 11.30 am to take oral evidence.

Ordered, That further consideration be now adjourned. —(David Rutley.)

Election Finance and Policy

Chloe Smith Excerpts
Wednesday 15th September 2021

(2 years, 6 months ago)

Written Statements
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Chloe Smith Portrait The Minister for the Constitution and Devolution (Chloe Smith)
- Hansard - -

This Government are committed to ensuring our democracy is secure, fair, modern and transparent and through the changes being brought in by the Elections Bill, we are updating our electoral systems to ensure they are kept up to date for our age.

The Elections Bill will progress this week to Committee stage in the House of Commons, and to aid hon. Members in their consideration of the Bill, I am today publishing two documents relating to measures in the Elections Bill: specifically an illustrative Electoral Commission strategy and policy statement; and the Government’s response to the Committee on Standards in Public Life (CSPL) report into regulating election finance.

Electoral Commission strategy and policy statement

As I set out in my statement to the House on 17 June, the Elections Bill provides for the introduction of a strategy and policy statement, which will set out guidance and principles to which the Electoral Commission must have regard in exercising its functions. I committed to publish an illustrative example of this statement to aid parliamentarians’ understanding of this measure, and I have today placed a copy of this in the Libraries of both Houses. The Government will continue to engage with interested parties, including the Parliamentary Parties Panel, on this illustrative statement.

It is important to note that this is an illustrative example of the strategy and policy statement—the Bill does not include the text of the statement, and instead makes provision for the statement to be introduced in secondary legislation. Following Royal Assent, a draft statement will be subject to a statutory consultation with the stakeholders listed in the Bill before the approval of Parliament is sought.

To further support Parliament’s scrutiny of the Bill, on 7 September I also made a statement to the House on the role of the Speaker’s Committee in holding the Electoral Commission to account, and placed an infographic outlining the Commission’s existing accountability framework in the Libraries of Both Houses.

The Government response to the Committee on Standards in Public Life (CSPL) report on regulating election finance

We have today published the Government’s response to the CSPL report on regulating election finance. The Government welcome the report published in July by the CSPL, and agree with the key principles of fairness, transparency and integrity which have guided its work. Indeed, our existing regulatory framework is already based upon these principles.

It is, of course, important that the rules around electoral finance are kept under review and updated as necessary. As I set out in my statement to the House on 15 June, the Elections Bill is making important reforms to the regulatory framework to support public confidence in the integrity of our electoral system, by strengthening and updating political finance and campaigning regulation; these include reforms that relate directly to recommendations made in the CSPL report.

Electoral law is complex and it is important that any changes are made with careful consideration. Therefore, the Government intend to look at all the recommendations in the CSPL report alongside other recommendations set out in similar reports, including the forthcoming reports from the Public Administration and Constitutional Affairs Committee into the work of the Electoral Commission and the Elections Bill, as part of further work examining the regulatory framework for elections, beyond the Elections Bill.

We are the stewards of a fantastic democratic heritage which must be kept up to date to protect our democracy and maintain public confidence in our electoral system.

The associated documents have been deposited in the Libraries of both Houses.

[HCWS290]

Elections Bill (First sitting)

Chloe Smith Excerpts
None Portrait The Chair
- Hansard -

Thank you. Minister, would you like to ask the first question?

Chloe Smith Portrait The Minister for the Constitution and Devolution (Chloe Smith)
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Q I would. First, may I welcome our witnesses? It is an absolute pleasure to have you here. You begin our day with the highest quality.

Richard, you highlighted in your judgment on Tower Hamlets and elsewhere how we see interlocking types of fraud that all together create broad criminality. Would you be able to talk us through the extent of that?

Richard Mawrey: Tower Hamlets was a particularly bad example. There, you had a political culture where winning and retaining power was everything. If there were rules, they were to be, at best, circumvented and, at worst, broken. Not only was there electoral fraud in the sense of false votes—almost all postal votes—but the system developed so there was misuse of public funds, which I later decided was bribery, largely as a result of Lord Pickles’ initiative to employ a top firm of accountants to investigate the doings of the council, from which it appeared that large sums of money had been diverted for political purposes.

In Tower Hamlets, the trickiest thing of all was manipulation of voters by religious means. That operated within one community: members of the Bangladeshi community, at the instance of the Mayor and his cronies, were being induced by their religious leaders to back one lot of Muslin politicians against another lot of Muslim politicians. It was not, as you might expect, Muslims versus the rest. They were saying, “If you are a good Muslim, you will vote for Lutfur Rahman and his chums. If you are not and you vote for someone else, whether Muslim or non-Muslim, you are beyond the religious pale.” Clearly, that was unacceptable, therefore I made my findings of undue religious influence.

There were also other things, such as the provision in the Representation of the People Act 1983 whereby you cannot make false statements about the personal characters of the other candidates. You may remember the case of Phil Woolas up in the Manchester area. If you go beyond that limit and go public saying, basically, that your principal opponent is a racist who supports racists organisations, when it is totally untrue, that is, again, unacceptable.

You have virtually the whole catalogue of offences laid down by the 1983 Act; they were almost ticking the boxes, one by one, as they did it. That is what happens when you have a political culture that gets corrupted, in all senses, into the belief that, “The rules don’t apply to us. We do what we want in order to get the results.” That is the danger that one perceives. Of course, Tower Hamlets was an extreme case.

The other cases that I tried were largely cases of straightforward voter fraud using postal votes—misuse of the actual votes themselves: stealing them, altering them, and that sort of thing—or putting on the register people who had no right to be there, either because they lived somewhere else or because they did not exist at all. Those are the problems that I have seen, although I must emphasise that my experience is entirely with local authorities, naturally, because parliamentary elections are tried by proper judges, so to speak.

However—I think that Lord Pickles will agree with me here—local authority elections are the easiest to manipulate. You have relatively small electorates, a relatively small geographical area, and communities, although not necessarily racial or religious communities, that can operate as a sort of support mechanism in any frauds that you are perpetrating. I do not expect a large amount of fraud in parliamentary elections, referendums, or anything like that, but it is a serious problem in local elections. I do not think that Lord Pickles would disagree with that.

Chloe Smith Portrait Chloe Smith
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Q Across a selection of your cases—Tower Hamlets, Birmingham, and Slough—we see the range of corrupt practices, also known as crimes or elections fraud, including, as you say, postal voting practices, proxy voting practices and personation, notably, in Slough.

Richard Mawrey: Not so much proxy. Proxy votes are very rare, and proxy fraud is very rare. It is mostly personation, of both kinds: putting the wrong people on the register—what the Australians call “roll stuffing”—and misusing genuine votes for genuine people by diverting them, altering them, or, in some cases, simply destroying them.

Chloe Smith Portrait Chloe Smith
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Q Thank you. Two questions, if I may: would you agree that, where one of those avenues may be cut off by the law, criminals might turn to others? Criminals, by nature, are able to use a range of techniques, and, naturally, wish to do so. Secondly, may I ask for your assessment of who the victims of such crimes are? Where does the harm fall?

Richard Mawrey: I think the harm falls on the community as a whole if you have someone who is elected as a councillor, let us say, but has no right to be because the votes cast on their behalf are false. Take Birmingham, for example: in the two wards that I tried—although it was actually fairly common in all the wards with a substantial Muslim population—approximately half of the votes cast for the winning candidates were false. That is serious. The winning candidates got between 3,000 and 4,000 votes each. It was three per ward, so they got that, and their rivals got 200 or 300 below.

Of those 3,000-odd votes, somewhere between 1,500 and 2,000 were completely bogus. They were votes that had been harvested in various ways—not, funnily enough, by putting bogus people on the register. They had stolen voting papers. They had applied for votes to be sent to the wrong address. They had gone down streets collecting the voting papers from houses in multiple occupation—they would get themselves in and there was a huge pile of voting papers. They knew they would be there because they had applied, without the knowledge of the voters, for those votes to be postal votes. They went in, there was a pile of postal votes and the inhabitants of the block did not know. They collected the lot and filled them in.

If any of the people living in those houses went to vote in person, they were told, “Oh no, you voted by post,” much to their annoyance, as you might imagine. I had witnesses called before me who said, “I went down to the polling station expecting to vote, but they said, ‘I’m sorry, Mr Jones, but you’ve already voted.’” He said, “No, I haven’t,” and they said, “Oh yes, you’re marked: we’ve got your ballot paper.” So they, of course, are the losers.

The other thing is that if you have a culture of political corruption, it seeps into all other life. I think of the money in Tower Hamlets that could have been spent for the benefit of Tower Hamlets but that was actually being spent on providing, in effect, free meals for voters—which is what they were doing, among other things—and subsidising organisations that had not asked for a subsidy. Tower Hamlets is not a borough that has money to spare or to throw around, and I felt that the people who had lost out—I said this in my judgment—were what I might call the rank-and-file members of the Bangladeshi community that they were claiming to represent. They were the losers. If they were looking at it in any sort of tribal way, they were doing down their own kind—the people they were claiming were their power base. That is not tolerable.

Chloe Smith Portrait Chloe Smith
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Q Eric, you then had the opportunity to follow up on Richard’s work and to say what ought to be done about it. Is it still your view that something ought to be done about all of those things?

Lord Pickles: Yes. In terms of vulnerability, there might be the odd seat in the House that is vulnerable, but this is about local government. I think it would be a big mistake to say that this is just about voting, democracy and elections. It is actually about power and money. A place like Tower Hamlets has a budget of £1 billion. Many of the large cities have budgets of large sums of money. Even a small district council has considerable ability to dispose of assets and to make appointments.

The reason I put commissioners in Tower Hamlets was, like many things, based on quite a small thing. I looked at the small grants that were available to many organisations, some of which could be distributed by councillors. They were there to relieve poverty. I had a map that showed me where the grants had been distributed and another map that showed me where the deprivation was, and there was no relationship between the two. Then, I looked at the number of decisions that had been overturned by councillors and the number of decisions they had granted without a business plan. It was on that basis that we decided to put the thing through.

I was asked to look at it and we started taking evidence on the types of fraud. I have been involved in politics for a long time and have seen most things on the street, but I was quite shocked by some of the frauds that were being committed. Richard will be able to tell you about warehousing. There was a warehouse in Birmingham, I think, where they were literally changing the ballot papers on an almost commercial basis. There were things like carousel fraud, where a ballot is palmed—a fresh ballot is taken out, filled in and given to another person and it is palmed—as a way of controlling the election; landlords insisting on seeing a photograph of their ballot being completed; and people suddenly finding out that their landlord has registered six or seven people at their house just before an election, only for their names to disappear afterwards.

It is really important to understand that that is not endemic within the system; it is an example of how vulnerable the system is. If Tower Hamlets represents the future, we have to ensure that that future is terminated. We probably will not be burgled, but we lock our houses. The measures in the Bill are moderate and reasonable, and they ensure at least that we will not find some of our large cities run by kleptocrats—this is about rewarding friends; it is not necessarily about politics. Sorry, I went on a bit there.

Richard Mawrey: Could I just come in here on what Lord Pickles has said? The Bill addresses something that was a real problem in Tower Hamlets: the registration of political parties. The Electoral Commission blithely signed off Tower Hamlets First as a party, but it was a joke. It had no premises, and it had—as I discovered to my amazement by asking questions—no bank account. I said to Lutfur Rahman, “If I want to give a donation to your party, do I have to come along with an envelope of used non-consecutive fifties?” Obviously, he was dying to say yes, but that would clearly have been the wrong answer. You can see the levels to which it has come. If anyone can just say, “I am a political party,” and give themselves a name, you lay yourself wide open, particularly once they are registered and can say, “I am a registered political party and have all the rights of a registered political party.”

Lord Pickles: The system is vulnerable. To misquote John Major, it is about old maids cycling to evensong and drinking warm beer, and in most places, that rather twee, gentle system kind of works. When I was a councillor, in gentle rural villages in my own wards, it was fine, but where there is money, we have to protect the integrity of the ballot and of governance.

Cat Smith Portrait Cat Smith (Lancaster and Fleetwood) (Lab)
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Q Richard, can I start with you and the Tower Hamlets examples that you have already outlined? Thank you for that. You said that in Tower Hamlets there was a wide range of different types of electoral fraud that was used to try to manipulate. I was particularly struck by what you said about public funds being diverted for political advantage. Does anything in the Bill prevent public funds being diverted for political influence?

Richard Mawrey: The Bill, as I read it, does not make any particular changes to the laws relating to bribery. The laws relating to bribery, in actual terms under the 1983 Act, are quite clear. The problem is that bribery was a common law offence, and it then became a statutory defence under the Victorians. Before the secret ballot, the Victorians had a system whereby you voted in public and everyone knew how you voted. Rich candidates would simply put money in the hands of the electors, who would not be very large in number, to pay them to go and vote. That was the principal thing that led to both the secret ballot and the introduction of electoral courts in the 1860s.

We have moved on from that now. Very few candidates have the sort of money that allows them to put fivers in people’s pockets, so to speak, but they do control public money. The answer is not necessarily electoral law, but better control, particularly in local authorities, of local authority finance. It is better auditing and more independent scrutiny. The law is clear; it is policing it that is the problem. You don’t need to change the law; you need to change the policing of it. Would you agree?

Lord Pickles: Yes, I think I almost certainly would agree. When it starts to go wrong, it is a terrible thing. I do not think I am betraying confidences, because I am sure they would be happy for me to say this, but the two Labour Members of Parliament within the borough came to see me and laid out all these various things, and said that basically the Electoral Commission was ignoring them, that the police were ignoring them, but there was something deeply wrong within the administration, and they urged me to take action.

Obviously, a Secretary of State can only go in on a reasonable basis, and I went in on a reasonable basis because it seemed to me that the way in which grants were being delineated for every small thing was entirely wrong, entirely arbitrary and not based on fact. So the point is that this Bill is about just tightening up and trying to make the system reasonably proof in terms of personation and various other things. It is not going to cure corruption and it is not going to stop bad people being elected; it just reduces the chances of a community being abused.

--- Later in debate ---
Cat Smith Portrait Cat Smith
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Q If I may follow up on that, my question to you, Gareth, was going to be slightly different. It is on the policing of electoral fraud, particularly in relation to overseas voters. With regard to overseas voters making political donations that are unlawful, or voter fraud, what powers does the UK have to detect infringements and prosecute?

Assistant Chief Constable Cann: With regard to any infringements that might be committed overseas or by non-UK citizens, for example, our powers to deal with that are very limited.

Chloe Smith Portrait Chloe Smith
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Q I welcome all three witnesses. I have one question for each. Councillor Golds, thank you for giving us your time today. Can you tell us a little about the experience on the ground of how people might have been victims of electoral fraud in Tower Hamlets, and perhaps how difficult it can be for some of those stories to come forward?

Councillor Golds: I have been studying it. I have been involved in elections in the borough for 20 years. I should quickly declare that over the years, I have been an election agent in 13 general elections. In fact, I have been an election agent for every kind of election we can have in this country, from Parliament and European Parliament to GLA, GLC and local council, and I have never seen anything like what I saw in Tower Hamlets.

The thing that always upsets me, and that I find terribly disappointing, is that ordinary people’s votes were effectively stolen. When I knock on a door, somebody will say to me, “Mr Golds, my father used to vote for Mr Attlee.” I smile at them, and then they say, “But what’s the point of voting now?” The problem is that, as both Mr Mawrey QC and Lord Pickles said, those are the people whose votes have been stolen. Most of all, however, there are our Bangladeshi voters, who sometimes come forward and say to me, as their local councillor, “Can you provide this information?” I say, “But you have to go on record, otherwise it is hearsay,” and they will then say, “I’m frightened to do so.”

That is a very intimidating situation, and I have to say it is not only in Tower Hamlets. Mr Shelbrooke read what had happened in Batley and Spen. A few years ago I took a friend of mine, who had contested an election in Calderdale, to meet the Electoral Commission. It was a waste of his time, because the Electoral Commission, as it so often is, was completely uninterested. He had a dossier as large as the one I brought with me today, which he handed to the Commission; as far as I know, it is probably still sitting in an archive, gathering dust.

Chloe Smith Portrait Chloe Smith
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Q As a brief follow-up, could you please explain what types of fraud people may have encountered? Be specific; is it personation, postal votes or other types?

Councillor Golds: In the election petition, I submitted eight witness statements and approximately 2,000 pages of backing documentation, covering as much as possible. That includes, for example, where we tracked fraudulent postal votes using postal vote returns in the election data. You can see how things were marked on postal voting.

Tracking personation is much more difficult, but I will give you an interesting example. In the 2010 mayoral election, when Lutfur Rahman was first elected, I wrote one of my many unanswered letters to the Metropolitan Police. At 7.15 on polling day, I was present at Christ Church Primary School polling station in Brick Lane. A man entered and approached the desk where electors from Brick Lane were being processed. He had in his hand a poll card and envelope. However, this poll card was dated May 2010, was issued by the London Borough of Enfield, and referred to the Edmonton general election constituency. He tried to give a name and address in Brick Lane but was unable to accurately do so, by which time he was leaning over to the council staff and trying to point at an electoral register in front of the council and say, “That’s me, that’s me.” Eventually, the council officer started to ask questions, and he left the polling station.

I would add that outside there were supporters of Tower Hamlets First with copies of the electoral register. They mark on the electoral register what we all know exists: the vote return. They know if people vote. They have a list of people who may not regularly vote, and people were coming up, talking to them and effectively being given names to go into the polling station.

If you want another extraordinary example—one that made all sorts of press—it was the incident in the 2006 by-election in the Shadwell ward where a figure, about six-foot-something tall, dressed from head to foot in traditional Islamic gear but with huge red trainers, entered a polling station. An hour later, the same figure entered the polling station, and then an hour after that they entered the polling station.

The Conservative and Labour polling agents then compared notes, rang their agents and were told that the one thing they could do would be to ensure the presiding officer asked the statutory questions. When this person came for the fourth time and the statutory questions were put, he merely hooked up the clothing he was wearing and fled down Bigland Street. Everybody asked the policeman on duty what he was going to do, and he shrugged his shoulders and just said, “Nothing. It’s nothing to do with me.”

Those are two particularly extreme examples, but I can give you examples of cases, exactly as Mr Mawrey said—I have them recorded—where for houses that were boarded up, names appeared on the electoral register and votes were cast, or where people turned up only to discover that their votes had been stolen. Staggeringly, on 6 May this year, Francis Hoar, the barrister for the election petitioners in Tower Hamlets, went to vote in Lambeth and unfortunately his vote had already been cast on his behalf. That is what went on.

Chloe Smith Portrait Chloe Smith
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Q Thank you very much indeed. I have a brief question for both Gillian and Assistant Chief Constable Cann. Gillian, thank you very much for joining us; it is good to see you again. We have done some work together, because Peterborough was part of early pilots on how to tackle electoral fraud, and you took forward measures about postal and proxy voting. With reference to the measures in the Bill—for example, clause 6, introducing the requirement of secrecy for postal votes—could you explain to us the problems you encountered, how you tried to deal with them and how you think the Bill will affect that?

Welcome and thank you to ACC Cann, as well. Given that electoral law can be a relatively niche area within policing, can you tell us how the wider profession works to ensure that the right knowledge, training and capacity are in place in local forces to enable them to play the role that is needed from the police?

Gillian Beasley: I will start by saying that we have a very close relationship with the police in Peterborough and our electoral integrity plan is co-produced between us and them. Our police, as well as our electoral services team, have a really good and detailed understanding of the electoral offences in law. There is a lot of co-operation there, which has helped us to home in on where integrity is at risk.

First, I would say that we have seen less personation in polling stations in the recent past. Probably our last prosecution was some years ago, and that is because there are some tight measures not only in polling stations, but around ensuring that we have a good electoral register. We go through our electoral register very carefully, removing duplicate names, and we visit a lot of premises where there are a number of people registered or where we are told there is an empty property, to ensure that they are the right people and that they are real people. Of course, the individual voter registration division has helped tremendously with that.

Where we have issues, as the Minister knows, is in postal voting. That is where our concerns are. The allegations we tend to get are around harvesting. They are allegations of people going into properties where people live—they are proper voters who have applied for a postal vote—and getting that person to make a declaration and signature with date of birth, but not fill the ballot paper. Those are then taken away and the proxies put against the relevant candidate. Those are the allegations. We get allegations about those being taken from properties, and where we get those allegations, we work together with the police in joint operations to visit those premises and make it absolutely clear that there is no tolerance for that and that those properties will be raided. We have never had any prosecutions for that, but we have made a clear statement about not tolerating that kind of behaviour.

The provision on not handing your postal vote to a campaigner is welcome. We will use that as a good communications tool to say to people, “Your vote is your vote. It is important that you post your vote or take it into a polling station.” The restrictions on how many postal votes can go into polling stations is a good provision, and documenting who is going in with those postal votes is important. Harvesting those votes will now be an offence, and although it will be difficult evidentially to get people to make those allegations, to stand by them and to go to court, nevertheless as returning officers we can do some important publicity around that fact: “This is your vote, you must keep it and it is a criminal offence if somebody takes it from you.” I see some strength there, and I support those provisions.

The other area I think is interesting is around undue influence. That is by far the most difficult; we hear allegations, but it is difficult for people who are subject to whatever form of undue influence or intimidation it may be to feel confident to come forward, give evidence and take that through to a court process. We encourage people to do that, but it is still difficult for them.

The change in the provision on undue influence, where you induce or compel somebody not to vote at all, is important; that covers the point that was made about collecting votes where they have not even been marked. My issue as a returning officer is that I send out thousands and thousands of postal votes, and we get them carefully delivered to the correct premises, but what happens behind those closed doors? It is about getting people to confidently give evidence if they are subject to undue influence or somebody comes and tries to take their vote. As I say, we have a really good relationship with the police, who are prepared to take forward and understand the offences. There is a joint communications plan between us and the police telling people that we will take it seriously, take cases forward and investigate every single allegation that is made, but it is still very difficult to get people confident enough to come forward with those kinds of allegations.

Assistant Chief Constable Cann: In terms of developing police knowledge and capacity, I like the description of electoral law being a niche area. I think that is accurate. The RPA is not a widely known piece of legislation among police officers.

One of the reasons that the national portfolio that I lead was created was to raise awareness through some degree of central co-ordination and training across police forces. One of the first things that we recognise is that we are not on our own with this. Gillian has spoken very well about the importance of partnership working between the police, the Association of Electoral Administrators, administrators more locally, the Electoral Commission, the CPS, the parties themselves and Royal Mail. We form strong partnership relationships with a whole range of people, which helps to build capacity and capability within the police service generally.

More specifically, we have established a network of officers, one in every force. We have SPOCs—single points of contact—who are the lead for that force for electoral-related matters. They are knowledgeable in electoral crime and procedure. They usually sit within economic crime teams, but not always. We have created a bespoke training course that is run through the City of London police, which holds particular expertise of its own in this regard. We hold an annual conference for all those single points of contact and a number of other people. There is a very strong, successful partnership from that conference particularly with the Electoral Commission, and with people such as Gillian and other electoral administrators.

We have developed the scope of the portfolio over the last 10 years or so to cover matters of policing the election itself—not just preventing and detecting any fraud, crime or malpractice, but policing the election, so matters of public order and wider security. We have developed guidance in relation to policing elections, which is available on the College of Policing’s website. It is called “Authorised Professional Practice”, and it is about the way police doctrine is expressed and made available to officers up and down the country.

I like to think that, certainly over the last 10 years or so, we have raised the consciousness in the service of electoral malpractice. It is taken extremely seriously and we have some extremely capable and knowledgeable people involved in the work, but it is fair to say that it is something of a niche area. Most officers will not come across it, and in any event the law is slightly difficult to navigate, even for those who have a particular interest and specialism.

Nick Smith Portrait Nick Smith (Blaenau Gwent) (Lab)
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Q Good morning to the witnesses. I have two questions to ACC Cann. Do you think the penalties for those committing electoral fraud are sufficient to deter the bad actors?

Assistant Chief Constable Cann: I think the penalties vary, because there is a blend of a civil and a criminal regime at play here. I do not know, because I am not an elected person, a candidate or anything like that, but I imagine that the harsher sanction will be around matters such as being disqualified from holding office or taking part in future electoral matters, rather than a specific fine or a direct sanction. In that regard, there is some significant deterrence there. Generally speaking, when matters go to the courts, it is generally felt that the courts are quite keen to address the seriousness of the matter before them and hand down a suitable penalty.

Election Systems

Chloe Smith Excerpts
Wednesday 15th September 2021

(2 years, 6 months ago)

Written Statements
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Chloe Smith Portrait The Minister for the Constitution and Devolution (Chloe Smith)
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On 16 March 2021, my right hon. Friend the Home Secretary announced to the House that the Government would be introducing legislation to change the voting system for all police and crime commissioners (PCCs), combined authority mayors, and the Mayor of London.

This legislation, due to be brought forward when parliamentary time allowed, would see the voting systems change from the confusing and over-complicated supplementary vote system to the tried and tested first-past-the-post system.

I am pleased to announce that the Government intend to bring forward these changes in an amendment to the Elections Bill at Committee stage. Including these changes in the Elections Bill will ensure that they are implemented ahead of the next scheduled PCC elections in May 2024. This timetable will give good notice to all future candidates and electoral administrators of the change in voting system to first-past-the- post well in advance of these elections, in accordance with Electoral Commission guidance.

Additionally, I can announce that the voting system for local authority mayors in England, which are also currently on the supplementary vote system, will be changed to first past the post. This will ensure that all mayoral elections across England will have a consistent voting system.

These changes will allow us to deliver on the Government’s manifesto commitment to continue supporting the first-past-the-post system. Given that two thirds of voters voted in favour of retaining first-past-the-post for parliamentary elections in the 2011 nationwide referendum, these changes also reflect the view of the British people.

In this May’s London mayoral elections, the supplementary vote system saw hundreds of thousands void, wasted or blank votes cast, reflecting voter confusion and the complex system. In a speech to this House in 1931, Winston Churchill when describing transferable voting said “the decision is to be determined by the most worthless votes given for the most worthless candidates.”

The supplementary vote system as used in England and Wales is found nowhere else in the world. The nearest similar system where voters rank up to three candidates—the contingent vote system—is used only in Sri Lanka; by contrast, first past the post is the world’s most widely used electoral system. The Government believe that first past the post is a more straightforward way of electing representatives, which is transparent to both voters and administrators and results in a more accessible system.



The change to first past the post will provide clear local accountability in a readily understandable way, making it easier for voters to express a clear choice: the person chosen to represent a local area will be the one who directly receives the most votes.

[HCWS289]