Draft Representation of the People (Variation of Election Expenses and Exclusions) Regulations 2024
Florence Eshalomi Excerpts(1 month, 2 weeks ago)
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Florence Eshalomi (Vauxhall) (Lab/Co-op)
It is a pleasure to serve under your chairship, Dame Angela. I thank the Minister for his introduction to this statutory instrument. I agree with him that violence and intimidation have no place in our democracy. As we prepare to celebrate International Women’s Day, we remember, sadly, the level of abuse that a number of female parliamentary candidates and colleagues face. We stand united in calling out any form of abuse.
I start with some good news for the Minister, as we support the implementation of regulation 4 of the instrument. It would be wrong for expenses incurred to protect candidates, their families and supporters to be seen as part of the cost of campaigning. It would set a dangerous precedent if candidates requiring extra security had to forgo elements of their campaign simply to feel safe.
These exclusions should not mean that it becomes the norm that candidates are expected to pay even more to fight an election because they do not feel safe. This instrument stops an obvious injustice in our electoral expense law, but our response to candidates feeling unsafe cannot simply be to tell them to open their pockets and hire security. The Government must make sure that adequate resources are in place to ensure that candidates feel secure without needing to spend their own money.
The Minister mentioned his discussions with the Electoral Commission, which I welcome. I would also welcome assurances from him that there have been conversations with the Electoral Commission on guidance. For example, when are expenses reasonably attributable to security when someone tasked with security simultaneously carries out tasks that would come under election expenses? There could be a blurred line there.
Another significant part of the instrument concerns the increase to election expenses in Greater London Authority elections and local authority mayoral elections. As the Minister outlined, the figure for mayoral elections dates back to when the role was introduced in 2000. Since then, sadly, that figure has failed to be updated in line with inflation, and it was used during the last mayoral election, 21 years after it was introduced. I understand that a significant increase is expected, given that the limit has been untouched for 24 years. I hope that the Minister recognises why we need to ask questions about why we are raising the limit by over 80% just two months out from the elections. The reality is that we have seen a huge rise in inflation under this Government. If we look at the £340,000 increase in the mayoral candidacy budget in London in this SI, nearly £250,000 is accounted for because of inflation. The last four years alone have accounted for a massive £132,000 of the increase.
I am sure that the Minister will not want to enter into an argument about compound interest, but the real reason we are seeing this rise in the proposed figures is the compound failure by successive Tory Chancellors to get inflation under control. If we apply that to other things, we see other areas across the country with skyrocketing inflation, whether that is the price of basic essentials or the cost of mortgages—there are so many things. No one can pull a magic lever to bring these costs down, to accommodate the massive increase in inflation. People have had to cut costs and lower their standard of living to accommodate that, but the Government can raise the limits for election spending by over 80% at the drop of a hat.
We do not intend to oppose this instrument outright, as I said, but I hope that the Minister will agree that this rise does not reflect the reality that people are seeing in their day-to-day expenses. I hope that he also agrees with me that future Governments should not wait until two months before an election to carry out an increase that is 24 years late.
Oral Answers to Questions
Florence Eshalomi Excerpts(1 month, 2 weeks ago)
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Florence Eshalomi (Vauxhall) (Lab/Co-op)
This week’s Budget will be a big one for young people—16 and 17-year-olds—who are starting work or making important education choices, yet they currently have no say on who will be the next Government. We on the Opposition Benches believe in our young people. Will the Government act now to give 16 and 17-year-olds a say in the next general election?
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Simon Hoare)
The hon. Lady makes a case for lowering the voting age—one that I do not support and the Government do not support. The age of 18 is seen as the age of maturity in this country and many others across the world. It seems to have served us pretty well up to now and I see no particular reason to change it.
Political Parties, Elections and Referendums
Florence Eshalomi Excerpts(2 months, 2 weeks ago)
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Florence Eshalomi (Vauxhall) (Lab/Co-op)
I thank the Minister for his introduction. I have a lot of respect for the Minister, but I struggled to listen to him. Through gritted teeth, he tried but failed desperately to justify why this statement is needed. You cannot flog a dead horse, and if something ain’t broke, it doesn’t need to be fixed.
In 2000, the previous Labour Government set up the Electoral Commission to act as a guardian of our democratic system. At the heart of that decision was the need for a central pillar of independence within our politics: a body that the public could trust that would not suffer interference, not just from the Government of the day but from future Governments of any shade; that would not fear the consequences of taking on major parties when they broke the rules; and that could provide information about our system from a trusted sources, free of political interference. Over 20 years later, the commission’s independence has become a cornerstone of public trust in our democracy.
Let me put the strategy and policy statement into context. Sadly, 14 years of Tory failure have left many people feeling powerless at the decline under this Government. People have seen their hard-earned money go to Tory friends and VIP donors. People who followed the rules to protect the NHS saw those who made the rules breaking them. I grew up not far from this place, on a council estate in Brixton, just a bus ride away. What annoyed and angered me was seeing decisions being made about my community by people who did not feel the ramifications. The Government need to reflect on that—I hope the Minister will—and realise why trust in our politics is at a record low after so many scandals from this place. During this time, the independence of the Electoral Commission has acted as a bedrock in our system against declining trust. While we have seen recent drops in confidence and satisfaction in the system, a majority of people remain satisfied with the voting process.
I agree with the Minister that there are always things we can do to improve our democratic process, but this statement is setting a political agenda for an independent watchdog. That is completely wrong, Minister, and you know it, and that is not just me saying that.
Madam Deputy Speaker (Dame Eleanor Laing)
Order. The hon. Lady is making a powerful speech, but I beg of her, would she please call the Minister “the Minister”, not “you”? I am not blaming the hon. Lady; bad examples have been set by senior Members of the House calling other Members “you” or “Minister”. Phrases such as “and you know it” are exactly why we do not have that way of doing things here, because that refers to the occupant of the Chair. I apologise for pulling her up on this, because she is far from being the first person to get it wrong, but if we do not start to put it right, people will not understand the reason for the rule.
Florence Eshalomi
Thank you for highlighting that, Madam Deputy Speaker. I totally agree with you; I will refer to “the Minister”.
It not only me saying that there are issues with the statement; The Speaker’s Committee on the Electoral Commission, the Levelling Up, Housing and Communities Committee, and even the Electoral Commission itself, have all highlighted problems with the statement. These are not random bodies. In fact, they are so respected that the Government themselves made it mandatory to consult them prior to bringing the strategy and policy statement to the House. Yet when all three raised the same concerns, the Government simply railroaded the statement through. Madam Deputy Speaker, you would expect a Government who disregard the powerful points made by these respected bodies to have a clear evidence base for their actions. For the Minister to repeat what the Electoral Commission is doing fantastically well is not the basis for the statement.
In announcing the statement, the Government said:
“This guidance addresses the concern raised in Lord Eric Pickles’ independent review into electoral fraud, that the current system of oversight of the Electoral Commission is not fit for purpose.”
Given that, we would expect to find a robust justification for this statement in what the Minister outlined. However, all we get on the system for oversight is three buried lines on page 50 of that seven-year-old report—no detail, justification or evidence. Wow.
When the Levelling Up, Housing and Communities Committee found it was
“not aware that any of those concerns remain current”
from the relevant section of the Pickles report, and when so many respected bodies are saying the statement is unnecessary, surely the Minister must see that the very basis for making the statement is simply not good enough.
Under this Government, trust in our politics and democratic institutions is at an all-time low. We all need to work hard to restore that trust, give people belief that their voice matters and that decisions are made with them, not to them—this is another example of decisions being made to them. Instead, the contents of the statement completely undermine the Electoral Commission, representing a dangerous threat to the independence of a vital watchdog. MPs from all parties have condemned it and respected bodies have rejected it, which is further proof that we need a new approach to a democracy that works for everyone. I urge hon. Members to join us in voting against this dangerous politicisation of our independent elections watchdog.
Draft Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2024
Florence Eshalomi Excerpts(3 months ago)
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Florence Eshalomi (Vauxhall) (Lab/Co-op)
It is a pleasure to serve under your chairship this afternoon, Mrs Cummins. I thank the Minister for her introduction. We all want any legislation introduced to be in proper order, but we understand that errors can be made during drafting, so we do not intend to be too critical of those mistakes. I hope that the Minister can look at the other problems presented by the Elections Act that we have previously discussed bringing forward corrections to. If the Government bring forward such corrections, they will not find an enemy in me.
The Minister outlined the huge task of, and changes made in, the Elections Act. I have sympathy with her on the task of introducing so many complex changes to electoral statute. I would like her to address how the Government expect our already stretched electoral administrators up and down the country to get their head around the changes when the Government themselves are making errors in the implementation.
The Minister outlined the timing. The correction is extremely time sensitive, as it fills a gap that will be left once the provisions in schedule 2 to the unamended regulations begin to expire at the end of this month. Otherwise, old, incorrect information on the number of people for whom a voter can act as proxy would be used in elections after 31 January and before May. Regardless of the merits of any piece of legislation, it is deeply concerning if forms mandated by legislation provide incorrect information on how the public should interpret the law. That is particularly true of electoral law; misinformation could damage the public’s trust in our electoral and democratic process. I therefore welcome the correction from the Government, and will support it, in the expectation that it will be in place before the end of the month. I pay tribute to the Joint Committee on Statutory Instruments for its work in drawing attention to the error, and ensuring that it is corrected in a timely manner.
Christmas, Christianity and Communities
Florence Eshalomi Excerpts(4 months ago)
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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Florence Eshalomi (Vauxhall) (Lab/Co-op)
It is a pleasure to serve under your chairship this morning, Dame Maria. I thank the hon. Member for Don Valley (Nick Fletcher) for securing—as other hon. Members have said—this timely and important debate. I thank him for opening his contribution this morning by reminding us about the spirit of Christmas, and that we must not lose sight of why we celebrate Christmas—that is really important.
I also want to thank some other hon. Members for their contributions this morning. It is always a pleasure to serve with the hon. Member for Strangford (Jim Shannon). No Westminster Hall debate would be complete without his presence, so it was good to see him take his rightful place this morning. He reminded us of one of the most important commandments of loving God, but also loving our neighbour. We have to remember how we treat our fellow women and men and the importance of doing unto others as we would want them to do unto us.
The hon. Member for South West Bedfordshire (Andrew Selous) made the really important point that we are free to celebrate regardless of which religion we belong to, but many people across the world do not have that luxury. I think back to the attack on St Theresa Catholic church in Nigeria—my country of origin—a few years ago, where I think 37 people were killed just for coming together to worship. We must continue to ensure that our Government calls for the freedom of religious belief and for people to be able to worship.
The hon. Member for Westmorland and Lonsdale (Tim Farron) talked about the work of the different communities in his constituency. He spoke of charities and the many people who will be working over Christmas, including helping him to deliver his many Christmas cards. The hon. Member for St Ives (Derek Thomas) spoke of how we as Christians celebrate our faith. It is really important as parliamentarians that we are proud of our faith. We are here to serve and respect all our constituents of faith or no faith, but we should be proud of our faith and not hide it. That is what God wants us to do, and that is the true meaning of us being Christians.
However, I cannot believe the hon. Member for St Ives does not enjoy nativity plays. This time last week I was at my six-year-old’s nativity play. It was a delight seeing the children dressed up, and there was delight on parents’ faces when they realised that their child was not the donkey. No matter how in tune the children are, they are all little angels, are they not? There is something good about nativity plays, and I hope the hon. Gentleman will reflect on that and get into the spirit for next year.
The hon. Member for Cleethorpes (Martin Vickers) highlighted how the commercialisation of Christmas has crept in, and the fact that some of our high streets and online retailers will welcome the additional boost. I think for Christmas I would like the online retailers to pay their fair share of tax, in the same way that our shops on our high streets pay their business rates. That is a really good way that they could celebrate Christmas.
I must be honest, I cannot remember some of the TV programmes the hon. Member for Cleethorpes referenced —it may be that I am a little bit too young—but one of the programmes I always remember is “The Snowman” by Raymond Briggs. It is such a classic, and watching it is a tradition I started with my husband when we started having children. We can all remember the little boy’s face, and then the shock horror when he turned up the next morning and the snowman had melted and saw the carrot for his nose and the coal for his eyes. Every year my husband and I take our children to the Lyric Theatre in Hammersmith to watch an adaptation of the original “The Snowman” called “Father Christmas”.
I salute and commend the hon. Member for Darlington (Peter Gibson) for recognising and reiterating the point that so many LGBTQ+ people are of faith, and they are proud to be of faith. It is important we remember that, and that we welcome them and continue to embrace them. I hope the Minister has listened to him, and many others, on making sure we address the issue of conversion therapy.
Lastly, the hon. Member for Glasgow North (Patrick Grady) highlighted the light. With so much darkness in the world now, it is easy to forget that there is a glimmer of light at the end of the tunnel. As we all come together with our families to celebrate, it is easy for us to forget that many people will not be doing that. It is important that we hold on to that light and that we hold on to that truth, spirit and the fact that Christ lives in us in that light.
I want to touch on my own reflections on the meaning of Christmas, community and Christians. I am one of the Eucharistic readers at my own church, Our Lady of the Rosary Brixton, which I have attended all my life, so I know how important Christmas is. I will be reading on Christmas day next Monday at the 10 o’clock mass—if anyone is still in London, come to Brixton. For me, it is an important tradition that we start Christmas by going to mass on Christmas day before we eat, and I know that many Christians will start Christmas day that way.
It is a time when we remember the birth of Jesus and the light he brought to the world. It is a time when we celebrate our faith, but we also know that ours is a multi-faith, multicultural society and that Christmas represents different things to many different people across the country. Many people celebrate Christmas not just for Christian reasons, but for the happiness it brings. For some people, it is a time to relax and recharge over the difficult winter months. For some people, it is a time to come together and see family members and friends. For others, it is about giving and receiving gifts—that is quite high on my agenda because I have an eight year old and a six year old, but my children and I always look to give gifts to less fortunate children. It is important that we think about those young boys and girls who will not be opening Christmas gifts. It is important that we educate our children that it is not always about receiving; it is about giving. Those are the true values of Christmas for me.
Jim Shannon
I commend the hon. Lady on her sensible and helpful contribution. Reaching out was in the press about four weeks ago, which I think we should try to do in our own constituencies. Many people will be alone this Christmas. A phone call may be one way of contributing, but the suggestion—this probably has more impact—was for people to visit a lonely or elderly person who is on their own. That is a Christmas message and something we should all try to do.
Florence Eshalomi
I agree with the hon. Member for Strangford; that is so important. Going back to an issue that many members highlighted, on Sunday last week, my church held the Christmas luncheon for the elderly. It was really good to see so many parishioners coming together, cooking, exchanging gifts and singing carols. It is important that those events are celebrated and that we continue to hold them.
Christmas means so many different things to different people, and that gives us the strength to continue to enjoy it today. It is also important that we look at how traditions have evolved over time. Christmas should not be confined to a certain era or style of celebration. The Christmas we will enjoy in 2023—not just here, but across the world—is a melting pot of centuries of change, reform, and adaptations in society. In the 17th century, Christmas survived laws introduced by English parliamentarians after the Puritan revolution to ban the celebration. Can you imagine banning Christmas? Father Christmas appeared in John Taylor’s pamphlet “The Vindication of Christmas”, which argued in favour of Christmas and celebrating Christmas. Later, the character of Father Christmas would be combined with depictions of Saint Nicholas and Sinterklaas give us the modern-day Santa Claus who delivers our presents or, as my eight year old almost broke it to my six year old, “You do know Santa Claus isn’t real?”
Florence Eshalomi
I know—shock horror. She said, “But Jesus is real” so I said, “I’ll take that instead.”
Several Members referenced the films and TV shows that have become commonplace in our lives. We have seen these figures adapted on our screens. New films capture the spirit of Christmas and have rapidly become traditional. Christmas today represents a combination of all these traditions in all our different communities.
I am proud to represent Vauxhall, and it has been great to see all our communities and constituents come together over the past few weeks to attend different carol services. I am proud that people across the world can come to celebrate their own Christmas traditions with their community as well as discover new ones. I am proud that the staff at St Thomas’ Hospital and all our emergency and public services will continue to work throughout Christmas to keep us safe. Come Christmas day, they will be saying, “Merry Christmas”, “Feliz Navidad”, “Buon Natale” or “kú dún” as my late mother would have said in Yoruba. It is important that we recognise all the traditions that come together for many people.
I am proud that our churches and communities will throw open their doors for the less fortunate and the lonely this Christmas. The hon. Member for Don Valley highlighted loneliness and suicide, and the sad reality is that many people will be lonely this Christmas. The Campaign to End Loneliness found that around 3.8 million people in Great Britain experience chronic loneliness. Sadly, that can be exacerbated at Christmastime, when society expects people to be with family or friends or at every Christmas social.
I think about the students and young people in Vauxhall who may have moved from around the world to be here. From the evidence of the “Tackling Loneliness” report, we know that loneliness is high at this time among 16 to 24-year-olds, even among those who do not normally feel lonely. Some of those young people may not be able to afford the flight home, to take time off work or to socialise with a wider group of friends or those who are going back home. It could be their first Christmas apart from their family, and chronic loneliness can be quite depressing. It is important to recognise that this Christmas will not be a joyful one for some people.
I also thank the hon. Member for Don Valley for highlighting the work done in our churches when they open their doors. I echo his sentiments about the churches tackling the issue of loneliness. This Christmas, it is important that we remember not only our family and friends, but the people who do not have families and friends. It could be the biggest gift to someone to invite them round for dinner or simply to pop over and make sure that they are not alone. When churches started opening up after covid, regular churchgoers recognised that some faces had not returned. After one mass, our parish priest said that if we recognised that people had not been to church, and if we were passing their door on the way home or to the shops, we should knock on it, check whether they were still okay and find out why they had not come back to church. It is important that we recognise that loneliness still exists for some people.
Dame Maria Miller (in the Chair)
Order. It is time to start winding up now, please.
Florence Eshalomi
Finally, Dame Maria, the other reality is that this Christmas will be a hard time for some people. More families will not be able to put food on the table. Nearly 140,000 children will wake up with nowhere to call home. The one wish on my list for the Minister this Christmas is that he thinks about those children in temporary accommodation. I hope that, in 2024, the Government will address that issue.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Simon Hoare)
It is a pleasure to serve under your chairship, Dame Maria. I thank my hon. Friend the Member for Don Valley (Nick Fletcher) for his sincere and faithful speech. It was a moving speech, if I may say so. It was very personal and spoke to the universality of the Christmas story and the route to help and rescue, and it was echoed in the very moving speech by the hon. Member for Westmorland and Lonsdale (Tim Farron).
You may wonder why I am replying to this debate, Dame Maria. I am the Government’s Minister for Faith, and it is a pleasure to take part. One or two colleagues commiserated with me on having to respond to a debate on the last day of term. Initially, I had some sympathy with that proposition, but it has been a privilege to hear the debate and it is an honour to respond to it.
Observant Members will notice that I have neither officials nor a typed speech with me, although one was offered. I wanted to speak from the heart in response to what I presumed would be the heartfelt speeches that we have heard. I particularly echo the words of the hon. Member for Strangford (Jim Shannon) and my hon. Friend the Member for South West Bedfordshire (Andrew Selous) that, as Christians, we cannot sleep easy in our beds knowing that fellow Christians are persecuted around the world merely for exercising their right to worship in the way they see fit. Reference has been made to the dispiriting and terrifying situation unfolding in the middle east, and our thoughts and prayers must surely be for a rapidly peaceful solution to that horrible state of affairs.
Many colleagues have mentioned what many students of scripture refer to as the “golden rule”, which is referenced in Luke 6:31 and Matthew 7:12. That is: “Do unto others as you would have them do unto you.” Surely that is the central message of our Christian faith, and it is a message for all of us, including those who take part in social media. It is the whole of the Christian message, set out in just a few short words. What better time to demonstrate that and make it manifest than during the Christmas season?
I echo the thanks that others have given to organisations such as the Lions Clubs International Foundation, the Salvation Army and the Rotary Foundation; they are an army of unthanked, unpaid and unnoticed community volunteers, both within church settings and without, who will do—and are doing—so much to support, help and engage with our communities. They engage with those who are feeling lonely, those who are feeling depressed and those who are feeling that they are outside the community boundaries; they do so much good, and they are the very manifestation of what it is to be a Christian.
Draft Representation of the People (Overseas Electors etc.) (Amendment) (Northern Ireland) Regulations 2023
Draft Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023
Florence Eshalomi Excerpts(4 months, 2 weeks ago)
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Florence Eshalomi (Vauxhall) (Lab/Co-op)
It is a pleasure to serve under your chairship, Mr Mundell. I thank the Minister for his opening remarks. He is right to highlight some of the areas where the Government feel they have been robust on this matter.
We should celebrate Britain as a country with strong and historical international links, and that millions of British citizens call another country their home. Overseas voting provides an important link for British citizens abroad, across the world. We on this side of the Committee are clear that those who have a strong connection to this country and their community should still have a say in how it is run. We do not oppose the principle of overseas voting and giving citizens who still have a strong connection to the UK a voice in our elections, and that includes people who still have a strong connection to our local services and communities, but we need to consider it carefully—[Interruption.] Is that my timer?
Like many hon. and right hon. Members in this House, I am proud to represent the community that I grew up in. I know how important it is that those who live in our area, who pay their taxes and are part of the community, feel represented. As much as we support the rights of overseas voters, it would be wrong if people with little connection to this country, who may have moved a long time ago and not used any services or paid any taxes in decades, diminished the voice of my constituents and others across the country. We do not think that is right, and it is not in line with the principles of a representative democracy.
We must consider how we strike a balance in our rules. There are voters who still feel a connection to the UK despite living away from it for 30, 40 or many more years, but the policy of removing the cap on this important principle will undermine the balance between enfranchising those people and maintaining integrity in our democracy. Removing the cap will reduce the voice of people who live here, work hard here and contribute to their community, and open up our system to abuse. That is why the Opposition will oppose the regulations. Although I do not think that there is a moral disagreement about some of the issues with votes for life, I fear that the risk of abuse of the system proposed by the Government is far too great.
First, the registration rules proposed by regulation 26H mean that some overseas voters require only the attestation of the identity and past location of another overseas voter. I hear the Minister outlining that there will be additional data material to help to prove an identity. We understand that it may be difficult for legitimate overseas voters to verify their identity, but there seems to be a risk of manipulation of the system to allow those eligible for the scheme to have their pick of which seats they want to vote in.
We have to consider the fact that under our first-past-the-post system, every single vote has a massive influence. Some 30 seats were decided by fewer than 1,000 votes at the last general election. While I am sure that very few will attempt to abuse the system in that way, it could have a large impact on marginal seats when votes are added up around the world. When we think about those seats, we think about many colleagues in this room, although my majority is higher than 1,000. Can the Minister assure me that there will be additional safeguards to prevent fraud? I understand that there is a tight limit on attestation, and that those attesting for another voter will need to sign a declaration of their truthfulness, which is right; but those measures may not be enough to prevent people from trying to abuse the system in a way that could impact the next general election.
The new rules also create a huge loophole in our donation laws. The current rules on UK donations mean that those who donate more than £500 must be on the electoral register. We have to be honest and say that we cannot pretend that the current system is perfect, but it is an important safeguard against money flooding into our political system from foreign and hostile states. Our current system is one where those who are on the register have a clear and recent link to the UK. We think that opening the electoral register as widely as the Government are doing today goes far beyond what our current donation rules were set up to do. It will allow those with tenuous links to the UK, who have spent most of their lives in states that may even be openly hostile to our aims, the right to massively influence our system. The reality is that it will be impossible to ensure that the huge numbers of potential donors in our system are not vulnerable to manipulation by hostile actors. There is already clear evidence of attempts by these actors to influence UK democracy. It will also make enforcement of our rules much harder, given the difficulties that we may face in challenging those who fall foul of donation laws while in another jurisdiction.
The Government know the risk that those hostile actors pose to the UK and our allies. Just this year, we have seen the attack on Britain’s Electoral Commission, although I am happy to hear that the Minister will be meeting the Electoral Commission soon. We have also seen it clearly happen in Ukraine. Therefore, it is beyond belief that the Government are seeking to risk opening up our system at such a critical time for our world.
I know that there are British citizens who still feel a connection to the UK, and they will welcome this rule change, but this rule will also be welcomed by those who want to undermine our democracy and funnel money into our politics. We must not allow that to happen. We must strike the right balance to empower voters without enabling undue influence, but I am afraid that these regulations go nowhere far enough to doing that. I hope that the Minister will think again and that everyone will oppose the regulations today.
Simon Hoare
I shall deal first, if the shadow Minister will forgive me, to the comments made by the hon. Member for Linlithgow and East Falkirk. On the basis of the data compiled after a very thorough assessment of the May local elections, I dispute fundamentally that there is any evidence that it has been made harder for people to vote. Our system has been made more robust and more resilient to meet the challenges of the time. That the Government have some sort of malign intent to suppress turnout or legislation is a trope that has been trotted out by several people involved in politics in recent times. The hon. Gentleman is smiling. I would call him a friend—we were in the same 2015 intake—but such a mindset is entirely alien to our history and to our processes in all the reforms to widen representation, going back to 1832, 1867 and other Acts. We need to ensure that our democracy is robust and resilient to challenge and that it meets the purpose of modern times, and I refute wholeheartedly any idea of suppression, gerrymandering or falsification, or the sorts of things that sit alongside that.
I thank my shadow, the hon. Member for Vauxhall for—I hope she will not take this the wrong way—the gentle and considered way that she approached this debate. I very much welcome her and her party’s support for the broad principles that underpin the regulations. She is absolutely right to ask the questions that she has, and I will endeavour to, if not answer, then certainly address them.
I am tempted to say, on the broader of question whether this will work, the answer is, in essence, this: we believe that it will. A huge amount of resource, time and engagement has been spent to arrive at this position. This is not a “back of a fag packet” piece of legislation. I know the hon. Lady knows that, and she was not suggesting that it was. However, the proof of the pudding will be in the eating. As we saw in the May elections, quite a lot of the things that people were concerned about with regard to voter ID did not come to pass. Some issues have manifested themselves, however, and work needs to be done. This is an iterative and organic process; it will be reviewed and it is able to be tweaked and changed. I am grateful that any future tweaks and changes by this Government or a subsequent Government will be done from the starting point that the broad principle of democratic inclusion is enshrined.
I think it is worth remembering that what we are doing here is not particularly novel. The 15-year qualification is an entirely arbitrary figure. Other democracies have all sorts of conditions, and Canada, France, Estonia and the USA have no limits in their voting rights. We are not breaking new ground here as a point of democratic principle.
False attestation is a criminal offence. People will need to know that, and the full weight of the law will be brought to bear on people who falsely attest. Let us be absolutely honest: we fool our constituents if we maintain that by the passing of a statutory instrument or piece of legislation, we, with a stroke of a pen, remove human instinct and human nature. Is somebody going to do a false attestation? A pound to a penny, somebody will. If we discover them, the full weight of the law will be deployed against them. Tweaks and changes can be made in order to respond to that, but fear of the bad should not stop us trying to do some good. I would argue that what we are trying to do this afternoon is some good.
The hon. Member for Vauxhall raised a really important question when she asked whether somebody can pick a seat: “I support party X, and this seat is particularly marginal, so I’m going to pretend that I live there.” Well, they could try to pretend to live there, but they would not get on the register and would not get a ballot, because they would have no proof at all of being a resident there at any time or of having any connection to the place. That will have to be monitored. I make the pledge that those who are involved in our electoral processes, including the Government from a policy point of view, will look at that. The impact on marginal seats—though I do not think the seat of the hon. Member for Vauxhall is marginal—
Simon Hoare
I do not think my seat is marginal—I add the caveat of “currently”—but we shall see what happens.
With regard to fraud, the hon. Lady makes an important point. We want our elections to be clean. Why do we want that? These are important principles. We want elections to be clean because we want the victors to understand that their victory is legitimate. More importantly, we need the defeated to understand—[Interruption.] That was a very peculiar noise of support, but I am grateful to the hon. Member for Birmingham, Erdington for it. I am not quite sure if there are any tablets for that, but she was a nurse, so she may have better news on that than I do.
Marginality is an important issue, and as I say, proof of residence and connection will be important. Party donations are exactly the same. Illegal and proxy donations are illegal now. The parties that receive donations have to go through due diligence and checks, and the Electoral Commission provides overview. The National Security Act 2023 is very welcome because it addresses in great part the point that the hon. Member for Vauxhall rightly made. That Act and the Economic Crime and Corporate Transparency Act 2023 create data-sharing opportunities between a raft of organisations, including Companies House and the Electoral Commission. They are hugely important in trying to minimise—we hope to obliterate, though I make the point again about human nature—this problem. The levers and buttons to push to tell against this sort of behaviour and bring serious offence charges against perpetrators are there. The Electoral Commission itself publishes quarterly returns.
Having addressed the points that the hon. Lady rightly, sensibly and properly asked, I hope I have been able to persuade her and her not to divide the Committee, but that is entirely up to her. A lot of work and thought by officials and others has gone into the instrument to make it, as I say, resilient, fair and robust. I believe we have achieved that, and I commend the regulations to the Committee.
Question put.
Oral Answers to Questions
Florence Eshalomi Excerpts(4 months, 2 weeks ago)
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Florence Eshalomi (Vauxhall) (Lab/Co-op)
A report from the all-party parliamentary group on democracy and the constitution has found that the photo voter ID scheme creates a real risk of injustice and potential discrimination. The report highlighted the case of an immunocompromised woman who was denied her right and her voice at the local elections after being told that she needed to take off her mask. Does the Minister agree that denying someone a say in how their community is run because of a disability is completely unacceptable? Can he confirm that any indications of potential discrimination found in the photo voter ID system will be dealt with prior to the next set of elections?
Simon Hoare
The hon. Lady raises a serious point, and let me put it on record that I would be happy to meet her and the APPG to discuss their issues and concerns. We have made great strides—there is a specific workstream—in ensuring we maximise how those who have a disability can vote and do so in a free and unfettered way, and we will continue with that. I am very sorry to hear about the case the hon. Lady raises, but if she wishes to write to me on the issue, I will of course look into it in my discussions with the commission. It is absolutely pivotal that, in all we do with regard to our election rules, access to voting—freedom to vote—is absolutely at the heart of it, and as the Minister responsible for elections, I shall guarantee that.
Draft Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023
Florence Eshalomi Excerpts(5 months, 1 week ago)
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Florence Eshalomi (Vauxhall) (Lab/Co-op)
It is an honour to serve under your chairship, Dr Huq. I thank the Minister for his introduction outlining why we are here. As elected Members of this House, we should all support aims to make our elections as free and fair as possible. I think about why I got involved in politics, and why I got involved stood for election as a local councillor: it was because I wanted to represent my community which, I felt, simply did not have enough of a voice in decisions. It would be disgraceful to see my or any other community denied a voice in our system by fraud in favour of another candidate.
The Minister will be pleased to know that we do not intend to oppose the measures, but I want him to consider seriously the potential for unintended consequences if the regulations are not implemented with sufficient care. I would welcome his assurances on these matters. I refer to the question from my hon. Friend the Member for Lancaster and Fleetwood. I, too, am concerned about the definition of political campaigners. In its report on electoral reform, the Law Commission acknowledged the stickiness of regulation in this area and highlighted feedback from respondents:
“(1) regulation would criminalise helpful and otherwise unavailable assistance for those voters who need it;
(2) regulation would be difficult to enforce and breaches hard to detect—putting off honest campaigners without deterring dishonest ones; and
(3) regulation would be an overreaction in the light of the available data on fraud.”
The Law Commission said that it
“could not recommend legal regulation”
in respect of measures such as those we are discussing without addressing existing electoral offences such as undue influence in a more effective manner.
Returning to the Minister’s response to my hon. Friend the Member for Lancaster and Fleetwood about the definition of a political campaigner, the definition in the regulations includes
“members of registered political parties who carry on activities designed to promote a particular outcome at the election.”
My local party in Vauxhall has significantly more than 1,000 members and, at elections, many of them put up posters in their windows. They occasionally comment online. That is enough to draw them into the definition of a political campaigner. Many of my constituents, along with many hon. and right hon. Members, are renters or are in cohabiting relationships but are not married or in a civil partnership; they would not be covered by the exemptions in the regulations. I should make it clear that the Labour party has signed up to the Electoral Commission’s code of conduct on campaigners for many years which, by agreement, bans campaigners from handling completed postal ballots. Our internal guidance also clearly states that under no circumstances should campaigners handle completed postal ballots unless electors have absolutely nobody else to return them for them and only then with the prior agreement of the returning officer.
It is easy to imagine that a party member, for example, who does not generally involve themselves in day-to-day campaigning and has therefore never seen this guidance and who simply wants to hand in a postal vote for a sick housemate or partner could end up being caught by the regulations. The Minister has outlined the fact that the penalty could be imprisonment for up to two years, just for trying to help a colleague or a family member to exercise their democratic right to vote. In short, I am not sure how far the regulations draw a distinction between a political campaigner—in the sense of someone with a red or blue rosette knocking on a door as part of an organised activity—and someone who happens to be an ordinary party member who is acting in a personal capacity.
If we are honest, this could be a real travesty, because it could mean that votes would be lost and legitimate voters denied their voice. Can the Minister therefore outline what safeguards are in place to ensure that that would not be the case and what efforts are being made to ensure that legitimate voters do not lose their voice as a result of the regulations? Can he make sure that the burden of proof is on prosecutors to show that such a person intended dishonestly and illegally to influence a decision? This point may be lost if it is not made explicit, and we have to be clear about it.
The Minister outlined the reasonable limit of five. I would welcome clarity on where the limiting of the number of postal voters to five came from. I have struggled to find any concrete reasoning behind that number, bar what is described in debate on the statutory instrument in the other place as
“helpful input from your Lordships”—[Official Report, House of Lords, 24 October 2023; Vol. 833, c. GC56.]
Although we respect the Lords, it is important that we do not pluck an arbitrary number out of the sky when it comes to such an important decision.
My hon. Friend the Member for Lancaster and Fleetwood pushed an amendment when the Elections Bill was in Committee so that we would have the required public consultation on regulations in what is now section 5 of the Act. While the Government may have their reasons for rejecting that, it is important for the Minister to clarify the exact journey that they went on to reach the maximum limit of five. I would like to put on record the concerns of Lord Khan of Burnley, who said:
“What will happen to those who are already registered as a proxy voter for more than four electors or more than two domestically residing electors?”
He also said:
“Will there be special circumstances by which a proxy can act as such for more than four electors, should they be family members who are unable to vote themselves and the chosen proxy is the only trustworthy option for them?” ”—[Official Report, House of Lords, 24 October 2023; Vol. 833, c. GC61.]
These are real consequences affecting people’s ability to exercise their democratic right to vote.
Finally, the Minister may be aware that this regulation is the latest in a line that adds layers to our voting system. While those layers may have security advantages, they risk overloading election officers, who are already stretched by changes such as the requirement to bring in photo ID for voters. Can the Minister outline what discussions he has had with the Association of Electoral Administrators about the extra load that the regulation will impose on their work?
Jacob Young
I am happy to try to write to the hon. Lady with that statistic, as I do not have it in front of me today.
During my opening remarks, the hon. Member for Lancaster and Fleetwood asked what happens when someone hands in a number of votes that exceeds the total permitted number. To clarify, the individual will have to decide which of those postal votes is their own, and the election staff will have to take that decision at face value. If the person hands in the votes without the completed form, all the votes will be rejected—none will be accepted. I hope that provides the clarity the hon. Lady was seeking.
There has been a lot of discussion about the definition of a political campaigner. As I set out earlier, the definition of a political campaigner for the purpose of the new postal vote handling offence and the exemptions that apply to that offence are set out in section 4(2) of the Elections Act 2022. The Electoral Commission issues guidance to candidates at elections, and we expect that it will cover the new postal vote handling and handing-in requirements. We also expect that political parties will bring the new requirements to the attention of their members. We intend that the changes will be communicated to electors directly via forms, including the postal vote statement and poll cards, and through information made available to electors via gov.uk.
Additionally, information will be displayed on the Electoral Commission and other agency websites and in information provided by local authorities. We will continue to work with the Electoral Commission to develop this information and awareness. Also, when a person hands in a number of votes, they are given a form that requires them to confirm whether they are a political campaigner. That should provide the clarity the hon. Lady was seeking.
Florence Eshalomi
I understand what the Minister is trying to outline here, but does he agree with the concerns raised by the Law Commission about a clear definition of a political campaigner, and that there may be unintended consequences on innocent people who are just trying to make sure that their friends, family and other people have the right to vote?
Jacob Young
As I have set out, individuals will need to complete a form. They will need to define whether they are a political campaigner, so I do not agree with hon. Lady’s assertions. I think it will be clear to individuals whether they should be handing in postal vote forms.
In terms of the potential impact of these changes on electoral administrators, we are aware of the concerns that have been raised. We continue to work with the Electoral Commission and electoral administrators on the implementation of these measures, on ensuring that administrators have support to deliver them and on raising awareness among the electorate of the changes and new requirements.
A concern was raised by the hon. Member for Airdrie and Shotts about poll clerks having to reject postal votes. We consider it appropriate for presiding officers and poll clerks in polling stations to be able to make decisions on whether postal votes have been handed in in accordance with the rules and whether they should be accepted or rejected. It will be an objective matter as to whether the person handing in the votes has completed the accompanying form and has handed in the permitted number of postal votes.
We have provided for poll clerks to be able to make decisions on these matters in case the presiding officer is not available in a busy period or is indisposed due to unforeseen circumstances. In practice, the presiding officer may well decide to make all decisions on whether to accept or reject handed-in postal ballot packs, but we thought it helpful to enable poll clerks to make such decisions too.
The hon. Member for Vauxhall raised the question of five plus one. The number was decided on in the passage of the Elections Bill and goes back 20 years. Having six postal vote electors in a property starts to raise concerns about postal vote fraud. Hon. Members will know that there was a discussion during the passage of the Bill about the right number to use. Throughout various types of election guidance and so on, the number six is used, which is why we have chosen it.
The hon. Member for Airdrie and Shotts asked whether the cost will be met by central Government. Yes, it will be, through new burdens funding.
All hon. Members are deeply committed to preserving and enhancing the electoral processes that underpin our democracy—a commitment that has been underlined so vividly by the contributions to this debate. I thank everyone for the part they have played in this discussion, and I commend the regulations to the Committee.
Question put and agreed to.
Resolved,
That the Committee has considered the draft Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023.
Voter Identification Scheme
Florence Eshalomi Excerpts(7 months, 1 week ago)
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Florence Eshalomi (Vauxhall) (Lab/Co-op)
Thank you, Mr Speaker. I echo the concerns raised by the hon. Member for North East Fife (Wendy Chamberlain) in her urgent question and by the Father of the House in his sensible remarks. The Minister should be promoting confidence in our electoral system and concentrating on getting the millions of people who are not registered to vote on to the register. Instead, she has tried to pull the wool over our eyes this morning by presenting the Electoral Commission’s report as a ringing endorsement of her Government’s dangerous policies.
The reality is far from that. This extremely concerning report brings into sharp focus the consequences of the Tories’ failed photo ID regulations. By introducing such strict regulations, against the advice of experts and equality groups, the Conservatives have snatched away the ability of legitimate voters to have their say on services and society. One former Minister, the right hon. Member for North East Somerset (Sir Jacob Rees-Mogg), admitted that this partisan scheme was designed to rig the rules and lock voters out of democracy. The Minister claims that she is concerned with protecting our democracy, so will she agree to the entirely reasonable Electoral Commission reforms and the widening of the list of ID that people can use to vote, or will she commit to introducing a vouching rule for those without voter ID?
Given that the Electoral Commission said that the rules risk widespread disenfranchisement at the general election, will the Minister commit now to publishing the evidence to prove the commission wrong? That should not be a problem if she has nothing to hide.
Is the Minister concerned by the watchdog’s findings that the laws could have a disproportionate impact on people from minority ethnic backgrounds? When the independent review concludes, will she commit to making a statement to the House?
Rachel Maclean
May I take this opportunity to warmly welcome the hon. Lady to her place and to thank her for her comments? On the substantive, non-political points that she made, I have been extremely clear, and am happy to repeat the assurance, that we are working carefully with the independent Electoral Commission, which itself recommended the introduction of photographic ID to safeguard our precious democracy. We are looking at all its recommendations. We will, of course, naturally come forward for scrutiny when the findings are published, as we do as a matter of course.
On the substantive point, is the hon. Lady really saying that the Labour party will repeal the Elections Act should it come into government? What exactly has the Labour party done to raise confidence among Labour voters? Or is this just a case of Labour Members standing on the sidelines making shrill, scaremongering claims? Time and again, Labour has made such claims ahead of the sensible and proportionate pilot schemes that we have rolled out, but none of the things that Labour Members have warned about has happened—[Interruption.] Perhaps she would like to listen to my remarks.
The new shadow Secretary of State for Levelling Up, the right hon. Member for Ashton-under-Lyne (Angela Rayner), warned of shortages of electoral staff, lack of venues and funding uncertainty ahead of the local elections in May 2021. The Mayor of London, Sadiq Khan, warned that elderly people and ethnic minorities would not visit polling stations. None of those things has happened. The Electoral Commission—[Interruption.] Opposition Members are chuntering from sedentary positions, but perhaps they should listen to the words of the independent Electoral Commission—not my words—which found that
“the polls were delivered safely and successfully”,
and that changes put in place by the UK Government, the commission and electoral administrators helped to “support and reassure voters” and campaigners.
I think it important to make this final point. The hon. Lady talks about ethnic minorities being disenfranchised and discriminated against, but we know from the type of heinous behaviour that we saw in Tower Hamlets and Birmingham that ethnic minority voters are most disenfranchised and disadvantaged by not having security in our elections.
Draft Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023
Draft Representation of the People (Franchise Amendment and Eligibility Review) Regulations 2023
Draft Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023
Draft Local Elections (Northern Ireland) Order 2023
Draft Representation of the People and recall Petition (Northern Ireland) (Amendment) Regulations 2023
Florence Eshalomi Excerpts(7 months, 1 week ago)
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Florence Eshalomi (Vauxhall) (Lab/Co-op)
I apologise for my lateness, Mr Gray; as a London MP, I will be contacting the Mayor of London about Transport for London services. I also apologise to the Minister for having missed part of her introduction, but I thank her for it.
For the sake of brevity, I shall speak to all the regulations together. We do not seek to refight the battles that took place over aspects of the regulations during the passage of the Elections Act 2022. However, as the new shadow Minister, I put on the record that I share the concerns outlined by my predecessors during those debates—particularly the ones about time limiting absentee voting methods and the confusion that those may cause voters who rely on an absentee ballot to cast their vote.
The Minister will be pleased to note, though, that we welcome the first set of regulations. I share her concerns. Undue influence or any practice involving intimidation have no place in our voting system. If we want to call our elections free and fair, we must act proactively and clearly to stop those who seek to unfairly influence how others vote. It is right that we update the definition of “undue influence” to accommodate a modern understanding of the phrase in the statute book. The current law was brought into force 40 years ago, and 100% of the respondents to the White Paper “Protecting the Debate” agreed that a clearer definition should be adopted.
In addition, we welcome provisions to ensure that disqualification orders are effectively enforced and that those served with them cannot stand in relevant elections. We also support the implementation of the Ballot Secrecy Act to the elections in this regulation. Alongside that, we welcome clarity on whether a commonly used name can be used on nomination papers. We understand the need to update the law to comply with section 15 and schedule 8 of the Elections Act on EU citizens’ voting rights. Those provisions are, of course, brought into force by the second statutory instrument laid before us today, which would amend our franchise in line with our exit from the EU and the lack of voting rights as part of the withdrawal agreement.
As a principle, Labour believes that people who contribute to society, work hard and pay their taxes should have some sort of say in decisions being made for their community. This is about not just who can vote, but devolving power to communities so that they have a say over local decisions. Current rights give EU citizens the power to vote and stand in local elections, regardless of immigration-based eligibility criteria. However, we do recognise that the status quo around decision making cannot continue following our departure from the EU, and we will not oppose the regulation today.
Finally, the third statutory instrument would bring in changes regarding postal and proxy voting, otherwise known as absentee voting. As I previously stated, we have issues regarding the implementation of a three-year time limit on postal voting, which this instrument helps to bring into force, as set out in the Representation of the People (England and Wales) Regulations 2001. I note that the Minister has stated some timelines, but I think it is fair to say there will likely be some confusion for many who are accustomed to the current voting system, and that the unexpected lapse could inadvertently result in them becoming disenfranchised. I understand that the regulations will bring in a requirement to notify the absentee voter about the expiry of a postal vote and when it will come to an end, but that may not be enough. The Minister mentioned some dates—May 2024, to 2025. Will she also clarify how the work will be carried out? I fear that the changes could be easy for people to miss.
The changes will place an increased workload on election workers, who do a fantastic job up and down the country, making sure that our elections are run smoothly. The Association of Electoral Administrators is already struggling due to the litany of recent changes combined with the staffing crisis, and there are concerns that these new requirements could make the situation even worse. I urge the Government to think carefully about those concerns and to ensure that our elections continue to run smoothly.
As called for in Labour’s new clause 16, tabled during Committee stage of the Elections Bill, we welcome the modernisation of the absentee voting system via a new online digital system, as this will help to increase the accessibility of postal and proxy voting, enfranchising people across the country by providing easier access to the absentee voting system. However, the devil will be in the detail when it comes to the implementation of the new online system. Will the Minister briefly update us on its progress and inform the Committee when it will be ready to launch?
The final two amendments relating to Northern Ireland are uncontroversial implementations of the Elections Act 2022, and we do not seek to oppose them.