Draft Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023

Debate between Florence Eshalomi and Jacob Young

Monday 13th November 2023 General Committees

[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.