Jerome Mayhew debates involving the Cabinet Office during the 2019 Parliament

Tue 15th Mar 2022
Wed 15th Sep 2021
Wed 15th Sep 2021
Tue 7th Sep 2021
Elections Bill
Commons Chamber

2nd reading & 2nd reading
Tue 29th Jun 2021

Appointment of Lord Lebedev

Jerome Mayhew Excerpts
Tuesday 29th March 2022

(2 years, 1 month ago)

Commons Chamber
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Brendan O'Hara Portrait Brendan O’Hara
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Perhaps the Minister could reply for himself. I have no idea why he would double down on those ridiculous arguments.

My right hon. Friend is right that this is not about an individual. It is about a corruption of process, and that was always going to lead us to a re-examination of the Prime Minister’s decision to send Evgeny Lebedev to the House of Lords for philanthropy and services to the media, as he put it. As we have heard, Mr Lebedev is a Russian businessman who derives his enormous wealth from his father, Alexander Lebedev, a former London-based KGB spy turned oligarch who still has investments in illegally occupied Crimea. At the start of this month, The New York Times said of Evgeny:

“Nobody is a better example of the cozy ties between Russians and the establishment than Mr. Lebedev.”

Just how cosy that relationship is can be seen from the fact that the British Prime Minister personally campaigned for a peerage to turn plain old Evgeny into Baron Lebedev, of Hampton in the London Borough of Richmond upon Thames and of Siberia in the Russian Federation, for the rest of his life.

I could go on about the absurdity of the House of Lords—the absurdity of a so-called democratic Parliament having an unelected upper Chamber into which family chieftains, high-ranking clerics of one denomination, failed and retired politicians and those with deep pockets who are prepared to bankroll a political party are thrust—but I will resist.

Jerome Mayhew Portrait Jerome Mayhew (Broadland) (Con)
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I make it clear that I have never met Lord Lebedev; I do not think I have ever been in the same room as him—but Dmitry Muratov has. He is editor-in-chief of Novaya Gazeta, an independent newspaper in Russia. The House will remember that he is also a Nobel peace laureate. He has said:

“The narrative being peddled in parts of the British media about him and his family is not only misjudged but actively dangerous. I urge you to consider who benefits from such untruths being told about a family that is known to be vocally critical of the Kremlin.”

Is the Scottish National party doing the same thing?

Brendan O'Hara Portrait Brendan O’Hara
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With the greatest respect, we most certainly are not. If this Government are so scared of shining a light that has to be shone, at this of all times, there will be accusations of a cover-up and a belief that there is something to be hidden—something that this Government do not want seen. The debate today is all about allowing transparency. That is what this House should be all about, but unfortunately the Government and Conservative Members seem to be terrified of it.

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Jerome Mayhew Portrait Jerome Mayhew (Broadland) (Con)
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The core part of the proposed Humble Address is a demand that we publish the advice of the House of Lords Appointments Commission in relation to Lord Lebedev. Labour Members know that, were we to do so, we would be in breach of the rules of that very commission, and they know that because the chair of the commission wrote to the leader of Labour party on 17 March this year saying that the commission’s

“formal advice to the Prime Minister is confidential.”

There is a reason for that. Labour Members also know what that reason is, because it was set out in that letter. According to the commission, the nominees consent to intrusive checks into their background, and they do so on the basis of confidentiality. As we have heard, other non-governmental contributors to that assessment process also provide their information on the basis of confidentiality. The chair of the commission says of publishing such information that it would be

“highly unfair on individuals to do so and risks undermining nominees’ confidence in the confidentiality of vetting processes.”

Labour knows this, and those views are not coming from a Conservative body. The commission has seven members, and only one is a Conservative appointee. There is a Labour member, Lord Clark of Windermere, as well as a Liberal Democrat and four independents, including the Chair. There is no suggestion from the commission that any rules have been breached. If there had been, of course there would be resignations. Lord Clark of Windermere has not resigned, and neither has the Liberal Democrat representative. So why do we have this motion, when it is clear that no rules have been breached? I think it is because Labour Members are trying to smear the Government, and the Prime Minister in particular, and they are prepared to damage our institutions to achieve that goal.

I do not know Lord Lebedev. I have never met him. The Labour narrative is that he and people like him are trying to corrupt the Conservatives through Russian influence, but if that is so, it is not working very well. Look at Lord Lebedev’s voting record. He is a Cross Bencher; he is not even a Conservative supporter. I had a look at his maiden speech, in which he said:

“I was raised here for a large part of my life, went to state school and consider myself British, but I am also Russian, which means that I can never be casual about liberty, free speech or the rule of law. Freedom of expression needs its champions. In the post-war era it has rarely been as under assault as it is now. I intend to join hands with noble Lords who can see that and are determined to fight it. A democratic, liberal nation, strong, healthy and free”.—[Official Report, House of Lords, 12 May 2021; Vol. 812, c. 63.]

How subversive! His two written questions were on food banks and food security, and we have already heard that he has made no donations to the Conservative party. So where is the evidence that requires this exceptional approach to Lord Lebedev and the commission’s assessment? There simply is none, other than smear and innuendo.

In response to the invasion of Ukraine, the Conservative Government have been at the forefront of global sanctions. They have supplied more than 10,000 anti-tank and anti-air missiles, trained more than 22,000 troops since 2015, sanctioned more than 1,000 individuals—the oligarchs with whom the Labour party is trying to smear the Government—to a value of £150 billion in the UK and sanctioned Russian banks to a value of over £500 billion in the UK. If the aim was to corrupt this Conservative Government, it is not working.

We are left with what seems to be a clever wheeze by the Labour party to smear and cause damage to the Government and the Prime Minister, but Labour Members should hesitate and look at themselves today because they are doing it at a cost to our institutions. The independent chair of the House of Lords Appointments Commission said it is

“highly unfair on individuals…and risks undermining…confidence in the…processes.”

Labour Members should not be proud of themselves.

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Matt Western Portrait Matt Western (Warwick and Leamington) (Lab)
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It is a pleasure to follow the hon. Member for Oxford West and Abingdon (Layla Moran). I would dearly love to speak at length about some of the Conservative party’s many friends and donors and those of the Prime Minister, but of course that would be out of scope, Madam Deputy Speaker, so you will be delighted to hear that I will stick to the subject of the debate: the appointment of Lord Lebedev.

“A democratic, liberal nation, strong, healthy and free: I pledge that everything I do in this House will be to defend and further these principles.”—[Official Report, House of Lords, 12 May 2021; Vol. 812, c. 63.]

Those were the concluding words of the maiden speech of Lord Lebedev of Hampton in the London Borough of Richmond upon Thames and of Siberia in the Russian Federation, to give him his full title—a title that sounds as if he may have a foot in both camps. That five-minute maiden speech is the only contribution that he has made in the other place since his appointment in July 2020, almost two years ago. “Everything I do”, he said: nice claim, but—I hate to disappoint—he does not appear to have done anything.

The problem, as I see it, is that Lord Lebedev’s elevation to the other place bears all the hallmarks of an undemocratic, illiberal nation with increasingly weak and unhealthy institutions. We are meant to have processes in place to stop what has happened in this case. As I understand it, ordinarily the House of Lords Appointments Commission vets and approves nominations for life peerages, relying on the security advice provided by the Cabinet Office and the security services. The commission’s recommendations are almost always followed. I say “almost always” because the Prime Minister, in this case, seems to have put his personal interest above the national interest, and may have overruled the advice of the security services in the commission’s recommendations in awarding Evgeny Lebedev a peerage.

Jerome Mayhew Portrait Jerome Mayhew
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Since the allegation appears to be that Lord Lebedev is using his position in the other place as a way of subverting our laws, is it not rather surprising that he has not taken the opportunity over the last two years to exercise that vote even once?

Matt Western Portrait Matt Western
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Why should he? Why does he need actually to speak in the House of Lords? He has the power, the status and the influence, and, may I say, the protection that that peerage affords him, which is why we are limited in what we can say about him now. He has all the power that he wanted, all the influence he seeks, just by the very nature of that peerage. He need not say a word down the other end, and he probably will not, although we look forward to the moment when he does, and I am sure we will all be in the Chamber listening to him.

Legal Aid

Jerome Mayhew Excerpts
Tuesday 15th March 2022

(2 years, 1 month ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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Of course we will look at all courts with maintenance issues, but in reality record investment in magistrates courts has been secured in this spending review. We have increased the sentencing powers of the magistrates courts from six to 12 months, and we are further supporting the practitioners who serve those courts with the measures we have announced today.

Jerome Mayhew Portrait Jerome Mayhew (Broadland) (Con)
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Sir Christopher Bellamy’s review of criminal legal aid was based on two overriding principles: that remuneration of criminal lawyers should be such as to attract the right legal talent that the system requires, and that there should be equality of arms so that the resources available to defence are broadly similar to those available to prosecution. Does my right hon. Friend agree that those are the right principles for civil legal aid as well as criminal legal aid?

Dominic Raab Portrait Dominic Raab
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The criminal legal aid system is different from the civil legal aid system, but the overarching principles and the need to ensure access to justice are common to both. That is why under the means test review we have ensured not only that 3.5 million more people will have access to criminal legal aid in the magistrates courts, but that 2 million more will have access to civil legal aid, which I hope addresses my hon. Friend’s concern.

Oral Answers to Questions

Jerome Mayhew Excerpts
Thursday 24th February 2022

(2 years, 2 months ago)

Commons Chamber
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Stephen Hammond Portrait Stephen Hammond (Wimbledon) (Con)
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14. What steps he is taking to ensure that underperforming Government contractors may not apply for further Government contracts.

Jerome Mayhew Portrait Jerome Mayhew (Broadland) (Con)
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18. What steps the Government are taking to increase opportunities for small businesses to bid for Government contracts.

Jacob Rees-Mogg Portrait The Minister for Brexit Opportunities and Government Efficiency (Mr Jacob Rees-Mogg)
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Her Majesty’s Government are reforming the procurement rules to make it simpler and quicker for suppliers, including small and medium-sized enterprises and social enterprises, to bid for public sector contracts. The reforms will entrench transparency for the full extent of a commercial transaction, and will make it easier for buyers to take account of previous poor performance by suppliers.

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Jacob Rees-Mogg Portrait Mr Rees-Mogg
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I am grateful to my hon. Friend for that question. The new procurement rules will make it easier for buyers to exclude suppliers that have underperformed on other public contracts. Currently, that is possible only if poor performance has led to contract termination, damages or other comparable sanctions. We will establish a new, centrally managed debarment register, which will identify any companies that should be banned from any new public contract.

Crucially, though, there has been a change within the procurement from Government to ensure that the management of contracts once they are procured is improved and is the great focus of the energy of the procurement department, because however brilliantly the procurement is issued, if it is not then managed well and effectively the benefits are lost. This is, in fact, an issue that we discussed when I had another role in this distinguished House.

Jerome Mayhew Portrait Jerome Mayhew
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Government tender documents are full of ancillary requirements that have laudable objectives individually but collectively form an enormous barrier to the participation of small and medium-sized enterprises because it is much harder for them to demonstrate compliance than it is for large businesses. Will my right hon. Friend consider relaxing those non-core requirements, to enable SMEs in Broadland and elsewhere to compete?

Jacob Rees-Mogg Portrait Mr Rees-Mogg
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The personal liability insurance that people were required to have when contracting with the Cabinet Office inevitably excluded some smaller companies for which the cost of the extra insurance may have outweighed the benefit of winning the contract, and one of the first things I did in this post was to ask for that to be reviewed to see if it was proportionate and what we really needed. My hon. Friend is absolutely right to say that it is the detailed pettifogging conditions that keep SMEs out, and we want to bring SMEs in.

Living with Covid-19

Jerome Mayhew Excerpts
Monday 21st February 2022

(2 years, 2 months ago)

Commons Chamber
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Boris Johnson Portrait The Prime Minister
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The hon. Lady makes a good point and I will do anything I can to help her. The national average for adult boosters is now about 71%, so that figure is low and we will do what we can to help.

Jerome Mayhew Portrait Jerome Mayhew (Broadland) (Con)
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The data has proven that Labour and the naysayers were wrong about omicron. How important was the decision not to lock down at Christmas, building resilience in our communities and our economy, to our ability to lift restrictions today?

Boris Johnson Portrait The Prime Minister
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We have to be humble in the face of this disease. It remains a dangerous disease and we must continue to be cautious, but we also have to take balanced decisions that are right for the country. It is clear now that the 19 July decision and the decision on Christmas and the new year were correct.

Oral Answers to Questions

Jerome Mayhew Excerpts
Tuesday 14th December 2021

(2 years, 4 months ago)

Commons Chamber
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Jerome Mayhew Portrait Jerome Mayhew (Broadland) (Con)
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The brilliant news on unemployment rates means that businesses in Broadland are crying out for staff. Bernard Matthews has been working with HMP Norwich to provide jobs for ex-offenders immediately on their release, and it tells me that there have been great results from that. Other local businesses have told me that they want to do the same, so what can the Government do to encourage such practices?

Kit Malthouse Portrait Kit Malthouse
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At last, a Christmas story to warm the heart. I am sure that all those tucking into their Bernard Matthews turkey this Christmas will not only find it delicious and a celebration of their family, but recognise that they are playing their part in a better future for all those individuals who are working with Bernard Matthews, which is to be congratulated on its work. My hon. Friend is quite right that there is an enormous amount that can be done with the private sector to help get ex-offenders back on to the straight and narrow. My right hon. Friend the Secretary of State recently held a summit with employers to do exactly that, and we will be building a network of business partnerships across the country where businesses and prison governors can sit down together and talk about how to get ex-offenders into employment in exactly the way that Bernard Matthews has done with remarkable success.

Elections Bill (First sitting)

Jerome Mayhew Excerpts
None Portrait The Chair
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Order. We need a very short answer. We have two more Members who would like to come in.

Councillor Golds: The law is clear that you vote in secret.

Jerome Mayhew Portrait Jerome Mayhew (Broadland) (Con)
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Q I will build on the questions that my colleague, Mr Clarkson, posed to Councillor Golds a moment ago, about personation in polling stations and how prevalent it is. In his judgment in the Bordesley Green ward and Aston ward Birmingham fraud trials back in 2005, the election judge, Mr Mawrey QC, stated that,

“there is likely to be no evidence of fraud, if you do not look for it.”

Your teams in the polling booths are the frontline in identifying personation. What tools do you currently have to look for personation fraud?

Gillian Beasley: When we organise our elections, we graduate our polling stations to the ones where we think the most issues will be. We employ presiding officers who have a lot of experience in dealing with the administration of their polling station. However, more than that, we train them around the issues of personation and ensure that they know the statutory questions. There are also ways in which, when someone comes into a polling station and they ask them to give their names, they are very particular about ensuring that we keep with the processes.

We also always have police in those polling stations. There will be two police officers, and there will also be polling agents, so we give a very clear statement that we take personation seriously. When you walk into a polling station in that area, you will see well-trained staff and police officers, and you will likely see a polling agent. There is training that we do. There is also an incident response, so if staff are concerned about an elector, they have a police officer they can talk to. If a polling agent raises an issue, it can be responded to immediately.

The message goes out there that that is what you will find when you go into a Peterborough polling station and those that we consider to be at risk. That is the approach that we take in ensuring that the training and the experience is really good. As Paul Bristow said, we also have CCTV. It conveys how seriously we take electoral fraud in those stations.

Aaron Bell Portrait Aaron Bell
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Q I just wanted to briefly ask ACC Cann about polling day, and whether he thinks that the measures around voter ID and undue influence will make polling day easier for the police.

Assistant Chief Constable Cann: I am not sure I heard the question. I think it was whether the measures around undue influence are likely to make life easier for the police.

Elections Bill (Second sitting)

Jerome Mayhew Excerpts
Chloe Smith Portrait Chloe Smith
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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)
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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.

Jerome Mayhew Portrait Jerome Mayhew
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Q On that point, is it not right that although the commission claims to have the power currently, it has never once brought forward a prosecution?

Professor Howarth: That is because the Government always opposed it and tried to stop it doing it.

Jerome Mayhew Portrait Jerome Mayhew
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Q Forgive me; if I may ask the question, I will not interrupt the answer. Given that you have never, ever used the power of prosecution, is it fair to claim that removing a power that has never been used is somehow an additional fetter to electoral law?

Professor Howarth: Yes, it is, because it is a power that exists that could have been used, and any proposal to use it makes the Government immediately decide to go back, on whatever grounds. One of the things you should have picked up from Richard Mawrey’s evidence this morning is that the police are not particularly interested in enforcing electoral law and think that electoral offences are not important. If they do not think it is, the CPS will not get many cases and no one will be prosecuted, unless local authorities take it up using their power under section 222 of the Local Government Act, which they might do.

None Portrait The Chair
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We have just a couple of minutes left. Perhaps Patrick Grady will ask a short question and we can have a short answer.

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Peter Gibson Portrait Peter Gibson
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Thank you.

Jerome Mayhew Portrait Jerome Mayhew
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Q Ms Irvine, if I may carry on questioning you, you are obviously aware that the Electoral Commission has recommended the use of photographic ID, and you are in very good company. We heard earlier this morning from Lord Pickles who, as you will know, produced a report three or four years ago in which he listed a number of organisations that have come out in favour of photographic ID for our election system. That list includes the Association of Electoral Administrators, SOLACE and the National Police Chiefs Council domestically, but also international recommendations from the Organisation for Security and Co-operation in Europe’s Office for Democratic Institutions and Human Rights. There is a groundswell of advice coming the Government’s way to introduce photographic ID to protect our electoral system from vulnerability to fraud. Can you expound for us the impact that vulnerability has on our democracy and the way people experience it?

Ailsa Irvine: We have highlighted that vulnerability for a number of years. As I said earlier, we see high levels of public confidence in our electoral process as a whole. That said, there are a proportion of voters for whom this is a concern and who would be more confident if a requirement was introduced. There is some evidence to suggest that some people would become more confident if that was introduced.

However, the one thing we said in our evaluation of the pilot schemes was that, in introducing any scheme, as well as ensuring it has an impact on increasing security, we ensure that its introduction does not have an impact on the accessibility of the voting process and that it is workable in practice. While there is a vulnerability and it makes logical sense for it to be looked at, it must be looked at in a way that not only protects security, but continues to ensure the ability of everybody to cast their vote.

Jerome Mayhew Portrait Jerome Mayhew
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Q That is a very good point, and it brings me neatly on to Virginia McVea, if I am allowed one further question. You have a lot of experience of the practical application of photo ID in Northern Ireland; I heard your evidence a moment ago that, now it is bedded in, the run rate is about 1,500 card applications a month—is that right?

Virginia McVea: That is usually during election periods. Outside an election period—

Jerome Mayhew Portrait Jerome Mayhew
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So it peaks?

Virginia McVea: Yes.

Jerome Mayhew Portrait Jerome Mayhew
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Q That is a very good indicator for us to extrapolate from the population of Northern Ireland being 1.86 million. We will all be busy with our calculators later.

The other advice you gave was that for the overwhelming of people there is not a problem—this is not an issue in Northern Ireland voting now, albeit after 20 years. Does that suggest that effective steps have been taken in the Northern Irish political process to raise awareness sufficiently to remove the concerns that some politicians expressed last week in the general debate, that many voters would be disenfranchised because they would turn up at a polling booth and they would not have the right ID? Is that a false fear once the system is bedded down?

Virginia McVea: We would have to time-travel back to the early 2000s to get a proper feel for the electorate’s response, but if there is sufficient communication and if there is availability of the ID card, much of which will be down to the capacity of the administrators, it is something that people are now accepting of. We have challenges to the office in relation to access to absent votes and discussions around that, but we do not have discussions about photographic ID with any of the parties. Ensuring that those smart passes can be used in polling stations is helpful, so yes, there is a general acceptance.

When you are doing your sums, being mathematically challenged myself on occasion, be careful: we work to the eligible electorate, which may possibly be around 1.45 million, rather than the 1.8 million, which would make the sums even harder dealing with the small figures from Northern Ireland.

Jerome Mayhew Portrait Jerome Mayhew
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Thank you very much.

None Portrait The Chair
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I have Paul Bristow, Chris Clarkson, Nick Smith and Fleur Anderson remaining to ask questions, and we have until 3.15 pm, so can we be kind to each other? Thank you.

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Peter Gibson Portrait Peter Gibson
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Q I have two questions for Rob. In her evidence, the returning officer from Peterborough outlined that they had explored using CCTV in their polling stations. Could you comment on whether you have done the same and on whether that would be of benefit? Could you also outline whether all your polling station clerks are fully trained in the applicability of tendered ballots?

Rob Connelly: CCTV is something we explored in around 2010 or 2011, but we had a number of concerns, including that it might go the other way and affect people’s confidence in the system, in that they might be worried that we were spying on them or would be able to identify how they were voting. We opted not to go down that route. We invested more in additional training for our staff. We even considered looking at CCTV outside polling stations for people who were entering. Again, we did not think, if there were allegations of personation, that that would really help us. We had discussions with West Midlands police about the evidential side of that, and CCTV would not necessarily help you identify who had committed any crime of personation or when. We know it would have been very difficult to prove. As I say, we invest more in our staff who are delivering the ballot papers, and what have you.

In terms of the question about tendered ballot papers, that is something we make sure we reiterate every election. We introduced a form for our polling station staff. If they gave out a tendered ballot paper, they had to give an explanation as to why—what was the reason? We would then spend some time collating that information post-election. That would do two things. One, if there were particular problems with particular polling stations and polling station staff, we could pick that up with them to find out why they were doing those things and fix that for next time. Two, we would then report that back to our members and give out numbers over the whole city, saying that x number of tendered ballot papers had been issued and giving the reasons why. I will be honest with you: there were times when they were probably issued wrongly, but that helped identify the issue so we could eliminate that from the process.

Jerome Mayhew Portrait Jerome Mayhew
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Q Mr Connelly, you were asked a moment ago about disenfranchisement, with specific reference to the first clause in the Bill, on voter ID. Although the Bill has one clause relating to voter ID, it has five clauses relating to proxy and postal voting. We heard really powerful evidence about that from Mr Mawrey QC this morning. When he was asked his view about disenfranchisement, his evidence, which was absolutely stark, was that it was the Bangladeshi community who had had their votes stolen and harvested and who were overwhelmingly disenfranchised as a result of voter fraud. Would you agree with that expression of opinion?

Rob Connelly: When we had our 2004-05 issue, I don’t think it was with that community.

Jerome Mayhew Portrait Jerome Mayhew
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I should make it absolutely clear that he was making direct reference to Tower Hamlets in that series of questioning. Rather than pinning it all on the Bangladeshi community, what I really want to focus on is that it tends to be minority communities who have had serious examples of electoral fraud—the kind of fraud that is dealt with in the proposed legislation. That is the area where most disenfranchisement has taken place historically.

Rob Connelly: As an example of that, there was a local election in which complaints were raised with us about potential fraud in the community by one of the candidates. People were potentially going to polling stations, and what have you. We did additional training for our polling station staff in that particular ward—myself and a police officer from West Midlands police—to explain what the particular allegations were and also what they could do to identify offending. In the petitions we have had, people have questioned the integrity of our polling station staff, which we vigorously defend, because 99.9% of the time they are absolutely honest. As I say, they come in for one day a year and without them we cannot deliver elections.

The sort of scenario you are talking about is often identified before an election, because the communities can sometimes be split by party lines. They will flag these issues up with us and we will work not only with the police, but with the political parties. I always think that to combat fraud, there are three parts of the jigsaw puzzle: the returning officer, the police and the political parties. If they all work together, that is how you combat fraud.

Jerome Mayhew Portrait Jerome Mayhew
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Q You mention the police as one of the triumvirate. How important is it that the police take electoral fraud seriously and get actively engaged?

Rob Connelly: West Midlands police always have done because of what happened in 2004 and the criticism they got at the time. It was a lesson well learned for them. Ever since then, they have taken such allegations very seriously. We work very closely with them and we have a point of contact. We will meet them in early January or in February to start preparing for the next May elections.

Jerome Mayhew Portrait Jerome Mayhew
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Q That is a definite improvement. Prior to 2004, complaints were called “Operation Gripe” in West Midlands police.

Rob Connelly: Yes, you are absolutely right.

Jerome Mayhew Portrait Jerome Mayhew
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It is fair to say there was room for improvement.

Rob Connelly: Yes.

None Portrait The Chair
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This will be the last question.

Elections Bill (Second sitting)

Jerome Mayhew Excerpts
Wednesday 15th September 2021

(2 years, 7 months ago)

Public Bill Committees
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Chloe Smith Portrait Chloe Smith
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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)
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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.

Jerome Mayhew Portrait Jerome Mayhew
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Q On that point, is it not right that although the commission claims to have the power currently, it has never once brought forward a prosecution?

Professor Howarth: That is because the Government always opposed it and tried to stop it doing it.

Jerome Mayhew Portrait Jerome Mayhew
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Q Forgive me; if I may ask the question, I will not interrupt the answer. Given that you have never, ever used the power of prosecution, is it fair to claim that removing a power that has never been used is somehow an additional fetter to electoral law?

Professor Howarth: Yes, it is, because it is a power that exists that could have been used, and any proposal to use it makes the Government immediately decide to go back, on whatever grounds. One of the things you should have picked up from Richard Mawrey’s evidence this morning is that the police are not particularly interested in enforcing electoral law and think that electoral offences are not important. If they do not think it is, the CPS will not get many cases and no one will be prosecuted, unless local authorities take it up using their power under section 222 of the Local Government Act, which they might do.

None Portrait The Chair
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We have just a couple of minutes left. Perhaps Patrick Grady will ask a short question and we can have a short answer.

--- Later in debate ---
Peter Gibson Portrait Peter Gibson
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Thank you.

Jerome Mayhew Portrait Jerome Mayhew
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Q Ms Irvine, if I may carry on questioning you, you are obviously aware that the Electoral Commission has recommended the use of photographic ID, and you are in very good company. We heard earlier this morning from Lord Pickles who, as you will know, produced a report three or four years ago in which he listed a number of organisations that have come out in favour of photographic ID for our election system. That list includes the Association of Electoral Administrators, SOLACE and the National Police Chiefs Council domestically, but also international recommendations from the Organisation for Security and Co-operation in Europe’s Office for Democratic Institutions and Human Rights. There is a groundswell of advice coming the Government’s way to introduce photographic ID to protect our electoral system from vulnerability to fraud. Can you expound for us the impact that vulnerability has on our democracy and the way people experience it?

Ailsa Irvine: We have highlighted that vulnerability for a number of years. As I said earlier, we see high levels of public confidence in our electoral process as a whole. That said, there are a proportion of voters for whom this is a concern and who would be more confident if a requirement was introduced. There is some evidence to suggest that some people would become more confident if that was introduced.

However, the one thing we said in our evaluation of the pilot schemes was that, in introducing any scheme, as well as ensuring it has an impact on increasing security, we ensure that its introduction does not have an impact on the accessibility of the voting process and that it is workable in practice. While there is a vulnerability and it makes logical sense for it to be looked at, it must be looked at in a way that not only protects security, but continues to ensure the ability of everybody to cast their vote.

Jerome Mayhew Portrait Jerome Mayhew
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Q That is a very good point, and it brings me neatly on to Virginia McVea, if I am allowed one further question. You have a lot of experience of the practical application of photo ID in Northern Ireland; I heard your evidence a moment ago that, now it is bedded in, the run rate is about 1,500 card applications a month—is that right?

Virginia McVea: That is usually during election periods. Outside an election period—

Jerome Mayhew Portrait Jerome Mayhew
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So it peaks?

Virginia McVea: Yes.

Jerome Mayhew Portrait Jerome Mayhew
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Q That is a very good indicator for us to extrapolate from the population of Northern Ireland being 1.86 million. We will all be busy with our calculators later.

The other advice you gave was that for the overwhelming of people there is not a problem—this is not an issue in Northern Ireland voting now, albeit after 20 years. Does that suggest that effective steps have been taken in the Northern Irish political process to raise awareness sufficiently to remove the concerns that some politicians expressed last week in the general debate, that many voters would be disenfranchised because they would turn up at a polling booth and they would not have the right ID? Is that a false fear once the system is bedded down?

Virginia McVea: We would have to time-travel back to the early 2000s to get a proper feel for the electorate’s response, but if there is sufficient communication and if there is availability of the ID card, much of which will be down to the capacity of the administrators, it is something that people are now accepting of. We have challenges to the office in relation to access to absent votes and discussions around that, but we do not have discussions about photographic ID with any of the parties. Ensuring that those smart passes can be used in polling stations is helpful, so yes, there is a general acceptance.

When you are doing your sums, being mathematically challenged myself on occasion, be careful: we work to the eligible electorate, which may possibly be around 1.45 million, rather than the 1.8 million, which would make the sums even harder dealing with the small figures from Northern Ireland.

Jerome Mayhew Portrait Jerome Mayhew
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Thank you very much.

None Portrait The Chair
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I have Paul Bristow, Chris Clarkson, Nick Smith and Fleur Anderson remaining to ask questions, and we have until 3.15 pm, so can we be kind to each other? Thank you.

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Peter Gibson Portrait Peter Gibson
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Q I have two questions for Rob. In her evidence, the returning officer from Peterborough outlined that they had explored using CCTV in their polling stations. Could you comment on whether you have done the same and on whether that would be of benefit? Could you also outline whether all your polling station clerks are fully trained in the applicability of tendered ballots?

Rob Connolly: CCTV is something we explored in around 2010 or 2011, but we had a number of concerns, including that it might go the other way and affect people’s confidence in the system, in that they might be worried that we were spying on them or would be able to identify how they were voting. We opted not to go down that route. We invested more in additional training for our staff. We even considered looking at CCTV outside polling stations for people who were entering. Again, we did not think, if there were allegations of personation, that that would really help us. We had discussions with West Midlands police about the evidential side of that, and CCTV would not necessarily help you identify who had committed any crime of personation or when. We know it would have been very difficult to prove. As I say, we invest more in our staff who are delivering the ballot papers, and what have you.

In terms of the question about tendered ballot papers, that is something we make sure we reiterate every election. We introduced a form for our polling station staff. If they gave out a tendered ballot paper, they had to give an explanation as to why—what was the reason? We would then spend some time collating that information post-election. That would do two things. One, if there were particular problems with particular polling stations and polling station staff, we could pick that up with them to find out why they were doing those things and fix that for next time. Two, we would then report that back to our members and give out numbers over the whole city, saying that x number of tendered ballot papers had been issued and giving the reasons why. I will be honest with you: there were times when they were probably issued wrongly, but that helped identify the issue so we could eliminate that from the process.

Jerome Mayhew Portrait Jerome Mayhew
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Q Mr Connolly, you were asked a moment ago about disenfranchisement, with specific reference to the first clause in the Bill, on voter ID. Although the Bill has one clause relating to voter ID, it has five clauses relating to proxy and postal voting. We heard really powerful evidence about that from Mr Mawrey QC this morning. When he was asked his view about disenfranchisement, his evidence, which was absolutely stark, was that it was the Bangladeshi community who had had their votes stolen and harvested and who were overwhelmingly disenfranchised as a result of voter fraud. Would you agree with that expression of opinion?

Rob Connolly: When we had our 2004-05 issue, I don’t think it was with that community.

Jerome Mayhew Portrait Jerome Mayhew
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I should make it absolutely clear that he was making direct reference to Tower Hamlets in that series of questioning. Rather than pinning it all on the Bangladeshi community, what I really want to focus on is that it tends to be minority communities who have had serious examples of electoral fraud—the kind of fraud that is dealt with in the proposed legislation. That is the area where most disenfranchisement has taken place historically.

Rob Connolly: As an example of that, there was a local election in which complaints were raised with us about potential fraud in the community by one of the candidates. People were potentially going to polling stations, and what have you. We did additional training for our polling station staff in that particular ward—myself and a police officer from West Midlands police—to explain what the particular allegations were and also what they could do to identify offending. In the petitions we have had, people have questioned the integrity of our polling station staff, which we vigorously defend, because 99.9% of the time they are absolutely honest. As I say, they come in for one day a year and without them we cannot deliver elections.

The sort of scenario you are talking about is often identified before an election, because the communities can sometimes be split by party lines. They will flag these issues up with us and we will work not only with the police, but with the political parties. I always think that to combat fraud, there are three parts of the jigsaw puzzle: the returning officer, the police and the political parties. If they all work together, that is how you combat fraud.

Jerome Mayhew Portrait Jerome Mayhew
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Q You mention the police as one of the triumvirate. How important is it that the police take electoral fraud seriously and get actively engaged?

Rob Connolly: West Midlands police always have done because of what happened in 2004 and the criticism they got at the time. It was a lesson well learned for them. Ever since then, they have taken such allegations very seriously. We work very closely with them and we have a point of contact. We will meet them in early January or in February to start preparing for the next May elections.

Jerome Mayhew Portrait Jerome Mayhew
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Q That is a definite improvement. Prior to 2004, complaints were called “Operation Gripe” in West Midlands police.

Rob Connolly: Yes, you are absolutely right.

Jerome Mayhew Portrait Jerome Mayhew
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It is fair to say there was room for improvement.

Rob Connolly: Yes.

None Portrait The Chair
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This will be the last question.

Elections Bill

Jerome Mayhew Excerpts
2nd reading
Tuesday 7th September 2021

(2 years, 8 months ago)

Commons Chamber
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Jerome Mayhew Portrait Jerome Mayhew (Broadland) (Con)
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Last week, my daughter turned 18. It was a day of enormous pride for her and for us. I would like to say that she was proud because she was adopting her civil responsibilities in full, but actually it was because she could buy alcohol. She celebrated the fact by getting on her bicycle with a friend and bicycling off to the local village shop. She was asked to present ID, and she was delighted to do it as part of the rite of passage of attaining adulthood. The point of that story is that we require ID when the act being undertaken is either important, such as collecting parcels or learning to drive a car, or personally damaging, such as buying alcohol or cigarettes or—it is a cheap joke—attending Labour party conferences.

In my view, the right to vote is as important as collecting a parcel, and the theft of a person’s right to vote is every bit as damaging to society as the 17-year-old buying a pint. It is a key right of citizenship, and it provides the basis of all our political power in this place and around the country. I think it extraordinary that up until now this right has not been protected in any way other than being asked to give a name.

ID protection is long overdue to maintain public confidence in the system. We have heard evidence from hon. Members that two thirds of the population would have their confidence in the fairness of voting increased with photo ID, and research on the 2019 voter ID pilot found that, among ethnic minorities, a staggering 97% of respondents said that they had increased confidence in elections being free from fraud and abuse when photo ID was used. This is really important stuff. We heard from my hon. Friends the Members for Gedling (Tom Randall) and for Bolsover (Mark Fletcher) that this is not the PR stunt that Opposition Members suggest; it is real. The risk of electoral fraud does exist and needs to be tackled. We have heard the evidence from Tower Hamlets and Birmingham that shows how ethnic minorities in particular are targeted and how their rights have been infringed more than any other section of our community’s. They deserve better, and that is why the Government are standing up for them.

The Opposition say that there is no hard evidence of fraud. That is reminiscent of the response of the Labour Government back in the day when they were faced with the evidence of organised electoral fraud by sitting Labour councillors in Bordesley Green and Aston. The election judge said that

“there is likely to be no evidence of fraud, if you do not look for it. Especially if a policy decision is made not to look for it.”

He described Labour’s position as

“a state not simply of complacency but of denial.”

We have heard the same denial today.

I am glad that the Government are not complacent on electoral fraud and, unlike Labour, not in denial. Photo ID is the right step to take to look for fraud. I fully support the Bill.

Emergency Covid Contracts

Jerome Mayhew Excerpts
Tuesday 29th June 2021

(2 years, 10 months ago)

Commons Chamber
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Julia Lopez Portrait Julia Lopez
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But those are relevant only when officials are asked to take any action, and that is the point at which official process and procedure come into play. I know the hon. Lady does not want to listen to this, but that is why the eight-stage process that officials undertook is so important; that is the aspect that should reassure the public that there are procedures that ensure that taxpayers’ money is spent correctly.

Jerome Mayhew Portrait Jerome Mayhew (Broadland) (Con)
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Normal contract procedures for PPE take months to navigate—months that patients and staff simply did not have last year—so criticising the Government for abbreviating procedures to save time and lives seems a poor use of hindsight. Is my hon. Friend aware that exactly the same decision to abbreviate processes in the name of speed was taken by Labour in Wales and by the SNP in Scotland, the only difference being that the SNP wanted to suspend freedom of information requests at the same time?

Julia Lopez Portrait Julia Lopez
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My hon. Friend is right that the devolved Administrations also use regulation 32 to procure in an emergency. It is important to note that the Government are dissatisfied with the procedures at our disposal. That is why, in our procurement Green Paper, we are looking at what measures we can take to procure with greater transparency and success in times of crisis to give us a better option between a full-fat procurement, which takes too long, or a direct award, which raises concerns about transparency.