Overseas Electors Bill (Fourth sitting)

Christian Matheson Excerpts

Wednesday 14th November 2018 Public Bill Committees

[Christian Matheson (City of Chester) (Lab)]

It is indeed a pleasure to serve under your chairmanship, Mr Robertson. I express gratitude to the Member in charge and the Minister for their responses. It is not our intention to push the new clause to a vote. I therefore beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 7

Report on the representation of overseas electors

“(1) The Minister for the Cabinet Office or the Secretary of State shall, within 12 months of this section coming into force, lay before Parliament a report on the representation of overseas electors.

(2) That report shall include—

(a) consideration of how well overseas electors are represented by their MPs and any related consequences of the provisions of this Act,

(b) an assessment of any additional demands that may be placed on MPs and their resources as a consequence of the provisions of this Act,

(c) any plans the Government has to monitor the representation of overseas electors, and

(d) an assessment of alternative models of representation of overseas electors, including the creation of overseas constituencies.”—(Christian Matheson.)

Brought up, and read the First time.

[Christian Matheson]

I beg to move, That the clause be read a Second time.

New clause 7 is about the nature of the representation of overseas voters. I understand what the hon. Member for Montgomeryshire has said about this being a simple Bill, but this proposal goes to the heart of some of our more serious concerns. Given the issues about the definitions of residence and local connection, there is a lack of clarity about where new overseas voters will register.

The proposed new clause requests a detailed report on the representation of overseas voters, including how they might be “represented by their MPs” and

“any additional demands that may be placed on MPs and their resources as a consequence of the provisions of this Act”.

The current guidance provided to MPs regarding constituency correspondence with expatriates is vague at best, perhaps because there are not many expatriate constituents at the moment. In its unamended form, the Bill does not define the responsibilities of Members of Parliament towards their overseas voters. We assume that the current precedents and position will be maintained.

The code of conduct for Members of Parliament simply states that Members have

“a special duty to their constituents.”

I am pretty sure that each and every one of us holds dear that individual link between ourselves and our constituents, with one Member representing a single constituency. Of course, conventions to preserve that special relationship—one with which other Members do not interfere—have developed over time. However, those precedents are not the subject of formal parliamentary rules, and it is therefore important that the Bill considers how individual Members can best represent the views of overseas voters registered in their constituency.

Given the Minister’s insistence, which I respect, on treating overseas voters with the same importance as UK-based, domestic voters, there needs to be a detailed discussion about how best to achieve democratic representation before we open the floodgates, potentially to millions of new voters. What assessment have the Government made of the representation of overseas voters by Members of this House? This issue is particularly significant as the Government are continuing with their plans to reduce the number of Members by 50, while at the same time increasing the number of voters by several hundred thousand or more. How would such an exponential increase in the number of overseas voters affect the resources given to individual Members of Parliament? I also ask the Minister whether the Government have any plans to monitor the representation of overseas voters by Members to ensure that their voices have equal value to the voices of domestic constituents, which is an aim that I respect.

The Minister has talked about extra resources for electoral registration officers. Have the Government considered whether any extra resources may be required to handle the growth in the number of overseas voters swelling the size of our constituencies, and will any representations be made to the Independent Parliamentary Standards Authority on that point? Have the Government considered whether, as a consequence of the Bill, they need to clarify if hon. Members are required to act fairly and equally in representing domestic and overseas constituents?

This probing amendment is designed to encourage consideration of the effect that the growth in the franchise will have on how we in this House operate, and whether sufficient resources are available. It is not my intention to delay the Committee too much this afternoon, but I would be grateful to hear other Members’ views.

[Glyn Davies]

I understand what has led the hon. Member for City of Chester to table the proposed new clause. I have a considerable understanding of why the Opposition have tabled many of their amendments throughout our consideration of the Bill. I have resisted a lot of those amendments because they have sought to extend the Bill into areas that I did not want it extended to. The purpose of the Bill is to extend the franchise, and I want to stick to that. That is my position on this new clause as well. I hope that the hon. Gentleman will not press it to a vote, because we need to stick to the purpose of the Bill.

--- Later in debate ---

[Chloe Smith]

My hon. Friend will have to forgive me, because I do not have any detail to hand about how the Bill will change that situation. However, I would be happy to come back to him and to my hon. Friend the Member for Montgomeryshire on that point, which is important and well made, although it may not necessarily relate to new clause 7—I suspect it is more general.

Certainly, whether as candidates at an election or as Members of Parliament, with the privilege of being elected, we would all wish to perform that role to the best of our abilities, and to communicate with our constituents whether at home or abroad. My point, in the context of new clause 7, is that that is not a matter for the Government.

The hon. Member for City of Chester said that we should look at how constituencies may be swollen—I think that was his choice of word—by the number of overseas electors. I think he asked that the question of whether more resources may be needed to deal with that be directed to IPSA. I would point out that the Boundary Commission, using the concept of a quota, already serves that function by conducting regular reviews. I do not think that an additional function is needed. The fundamental concept of a quota will not be changed as a result of any of the current debates in the House about boundaries.

I hope that those two points are helpful to the Committee and that the hon. Gentleman accordingly feels able to withdraw his new clause.

[Christian Matheson]

I thank the Member in charge and the Minister for their responses, in view of which I do not intend to divide the Committee. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 13

Offence of registering to vote as overseas elector in more than one constituency

“(1) A person commits an offence if he or she is an overseas elector and is simultaneously registered to vote in more than one constituency.

(2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.”—(Alex Norris.)

Brought up, and read the First time.

--- Later in debate ---

I do not think that this new clause is radically out of line with saying that when the circumstances change, sometimes so should the approach. We think there is a clear danger of people registering more than once. We are perhaps at risk of creating a bit of a market in where people choose to vote, because they will choose to go where their vote might have the most impact. My hon. Friend the Member for City of Chester knows that sometimes elections can be decided by fewer than a hundred votes.

[Christian Matheson]

Indeed.

[Alex Norris]

The next time, he won by 9,000, which is 100 times as many. They have got to know him, and he cleaned up.

[Christian Matheson]

Indeed, again.

[Alex Norris]

It might create a bit of a perverse incentive for people to do things that they should not.

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[Alex Norris]

I thank the hon. Gentleman for his contribution. I think he might have made my hon. Friend blush, which is certainly a first in the time that I have known him.

I think that I have dealt with new clause 13 adequately. I am pushing new clause 14 with a little trepidation. It is not that it is not party policy, but more that we do not have a policy in this area and I am not sure how much the party would welcome my writing one. However, I thought I would just test this, because it is a matter of interest.

It follows from new clause 13 that having a codified place would be one tool for ensuring that we do not have double or treble registration. Members might say, and they are probably right, that my view is perhaps that we could have a single register for the whole of the country, and I probably do think that. We could certainly start with overseas electors, which would offer a chance to eradicate any fraudulent activity. In France, they do it at municipality level, so it is certainly technically possible. I wanted to probe and test the waters to find out whether it is seen as desirable, and I would be very interested to hear from the Minister as well as the hon. Member for Montgomeryshire. I will not say any more, because I think the new clauses are relatively self-explanatory.

[Christian Matheson]

I rise briefly to thank the hon. and gallant Member for Beckenham for his generous words.

My hon. Friend the Member for Nottingham North has tabled an interesting proposal in new clause 13, and makes the point that registration in more than one constituency is not the norm, although it is not unusual. As he suggested, many hon. Members are registered in more than one constituency, myself included. That certainly is not something that we seek to prohibit because there are legitimate reasons for it; for example working in two places, being a student, or—dare I say it—being a multimillionaire and having more than one residence. There are legitimate reasons for doing so; the offence is in voting twice in the same election. I do not wish to put words in the Minister’s mouth, but I know that she is very keen to clamp down on electoral fraud.

My main concern relates to overseas registration. As there is no direct physical link—for example, a property where the voter is registered—it is slightly easier to register in more than one constituency for the same election.

New clause 14 is intriguing, as it targets an issue of concern that needs to be considered, and I would be interested to hear the responses from the Minister and the Bill’s promoter, the hon. Member for Montgomeryshire. The proposal of a national centralised register is an interesting idea. Now that voters are asked to provide their national insurance number when they register, it would be easier to make a national register of voters. We in Her Majesty’s official Opposition do not currently have a position on that, but I would be interested to hear the views of other members of the Committee. I thank my hon. Friend for his new clauses.

[Glyn Davies]

I can only, almost parrot-like, repeat the comments that I have made on so many amendments. I understand the thought process behind the proposed new clauses, but I feel that they are unnecessary. Voting in two places is against the law and I do not see any point in creating a huge new database, because that is unnecessary to achieving the Bill’s objectives.

I was impressed to hear my hon. Friend the Member for Beckenham make such complimentary remarks about the hon. Member for City of Chester. A number of people just over the border in Wales may well have the same positive view of the hon. Gentleman. It sticks in the back of my mind that a Welshman seen in Chester at certain times of day can be shot, legally, under medieval law.

[Christian Matheson]

After dark.

[Glyn Davies]

That might lead some people to have a pretty negative view of Chester, but I do not share that view. I like Chester, have been there quite often and always feel very safe.

I do not think that the proposed new clauses are necessary. The issues are already covered and I hope that the hon. Member for Nottingham North will withdraw the motion.

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[The Chair]

I think Mr Dunne has put on record his admiration for the promoter of the Bill.

[Christian Matheson]

During this process, the Opposition have sought, as is our role, to probe, test, check and pause for thought. We hope that we have done that in a constructive manner that reflects some of the concerns about the practicalities of the Bill, including those of the Association of Electoral Administrators and the Electoral Commission about its implementation.

I am most grateful to Government Members for their kind comments. It is easy to be constructive when we have constructive engagement on the other side as well—it is a two-way process—so I thank and pay tribute to them. I also pay tribute to the Minister and her team for the way in which they have engaged with us, and thank my fellow Opposition Members, who have engaged carefully in the discussions. Most of all, I pay tribute to the hon. Member for Montgomeryshire. I know this issue means a lot to him and he has put the effort in. We shall return to further issues on Report and Third Reading, because it is absolutely right that we continue scrutiny of the Bill. I pay tribute to and thank the hon. Gentleman for taking the Bill through. Finally, I thank you, Mr Robertson, and your co-Chair, Ms McDonagh, for the way in which you have gone about the business of the Committee.

[The Chair]

From the Chair, I thank all hon. Members for the good humour that they have displayed during the passage of the Bill.

Bill accordingly to be reported, without amendment.