All 3 Jim Shannon contributions to the Elections Act 2022

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Tue 7th Sep 2021
Elections Bill
Commons Chamber

2nd reading & 2nd reading
Mon 17th Jan 2022
Elections Bill
Commons Chamber

Report stage & Report stage
Wed 27th Apr 2022
Elections Bill
Commons Chamber

Consideration of Lords amendments & Consideration of Lords amendments

Elections Bill Debate

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Department: Cabinet Office

Elections Bill

Jim Shannon Excerpts
2nd reading
Tuesday 7th September 2021

(2 years, 8 months ago)

Commons Chamber
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Robin Walker Portrait Mr Walker
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My right hon. Friend makes a powerful point. Certainly, in my experience, the higher the turnout in my constituency, the higher my majority has turned out to be.

This measure in Northern Ireland has helped to prevent electoral fraud, and it has not affected participation. Labour Ministers said at the time of its introduction—I want to quote this in full—that the measures

“will tackle electoral abuse effectively without disadvantaging honest voters,”

ensuring

“that no one is disenfranchised because of them.”—[Official Report, House of Lords, 1 April 2003; Vol. 646, c. 1248.]

They added that

“the Government have no intention of taking away people’s democratic right to vote. If we believed that thousands of voters would not be able to vote because of this measure, we would not be introducing it at this time.”—[Official Report, 10 July 2001; Vol. 371, c. 739.]

I do not always agree with pronouncements from the Front Bench in the era of Blair and Brown, but in this case they were 100% right. There is no evidence that ID has negatively impacted turnout. Levels of satisfaction with the electoral process are usually slightly higher in Northern Ireland.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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I endorse what the Minister has said. We as a party will be walking through the Lobby with the Government tonight to support the Bill. Photo ID has been a success for Northern Ireland. We can vouch for that. It has stopped fraud and corruption. I had a discussion with the Minister earlier. The RNIB has expressed some concerns about the legislation. Will he agree to meet the RNIB to discuss those concerns?

Robin Walker Portrait Mr Walker
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I am certainly happy to offer that meeting. My hon. Friend the Minister for the Constitution and Devolution mentioned earlier that she has had a number of meetings with the RNIB already and has been working with it, but she will continue to meet it as the Bill progresses, because that is vital. I am grateful for the hon. Gentleman’s illustration of the support for this measure in Northern Ireland.

Elections Bill

Jim Shannon Excerpts
Chris Clarkson Portrait Chris Clarkson
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I completely understand my right hon. Friend’s point. There could be a ridiculous situation of “I live at No. 1 Acacia Drive” and, “I live at No. 3 Acacia Drive”. As I understand it, the right hon. Member for Orkney and Shetland will not press the new clause to a vote, but I would still welcome a discussion on how we could make that work.

In the interests of time, I will move on to new clauses 2, 8, 16 and 18. I was going to make a brief comment on them, but given recent revelations in the press, I might say that they are the height of hypocrisy, especially new clause 16. The Bill will make it legal for overseas voters to participate in polls. It is perfectly reasonable for them to be able to contribute to a party or candidate of their choosing. The Opposition like to kid themselves that all overseas voters are fat cats and tax exiles sunning themselves on the costas, but many are ordinary people who have worked hard, saved and decided to enjoy their retirement overseas. Allowing them to donate would not particularly favour one party over another. I am quite sure Labour Members would do quite well out of the villas of Tuscany.

It is entirely possible that hon. Members had the hon. Member for Brent North (Barry Gardiner) in mind when they drafted the new clauses, but perhaps it would be easier just to send him on a training course. The deliberate conflation of foreign interests with ordinary British citizens wanting to contribute to an election in which they are legally entitled to participate is wearing in the extreme. Notwithstanding that, I welcome the comments of the Home Secretary at the Dispatch Box earlier; I have no doubt she will work constructively with all parties to tackle the thorny issue of interference in our democratic system.

The Bill is necessary and timely. Whether or not we acknowledge it, our elections have been open to abuse in the past. If they are entirely honest, activists and politicians across the spectrum will have seen some questionable events.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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Does the hon. Gentleman recognise the evidence base from Northern Ireland? The introduction of voter ID in 2002 has proven instrumental in an increase in voter turnout, reassuring people that a proper process was being followed and that the likelihood of fraud was minimised. Voter ID is quite simple: it is to confirm that people are who they say they are. It worked in Northern Ireland, and it can work here.

Chris Clarkson Portrait Chris Clarkson
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I absolutely agree. In my own borough, a senior Labour councillor who was a member of council cabinet at the time accepted a caution for voting twice—he was able to do so. We hear this repeated refrain from Labour Members that this is a rare instance and that it hardly ever happens, but I shall pose the same questions that I posed in Committee: what is an acceptable level of fraud? How many votes is it okay for somebody to steal? Surely one instance of fraud is too many.

There is something quite telling and quite worrying about just how strenuously some Members oppose the Bill. We are not asking people to go to any great lengths or take on huge expense. ID will be freely available to people with one of the many qualifying documents. I looked in my wallet before I took my place in the Chamber. I have at least two permissible forms that I habitually carry with me, as do the vast majority of people. It is already the case that most people take their polling card to the polling booth, because they think they have to give it to the teller to prove who they are.

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Nick Smith Portrait Nick Smith
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I thank the hon. Member for intervening, but those were exceptional times, and I will answer his case in my speech.

Jim Shannon Portrait Jim Shannon
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On that point, the evidential base that the hon. Member for Broadland (Jerome Mayhew) referred to is very clear. There has been success in Northern Ireland and voting turnout has increased, but the statistics also show that 98% of voters already have sufficient ID in place for voting, and we are almost there. All we need is for the other 2% to be done, and Northern Ireland will achieve that goal of having everybody with an ID. If we can do it in Northern Ireland, honestly, we could do it here as well.

Nick Smith Portrait Nick Smith
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I will answer those remarks in my contribution.

I sat on the Bill Committee, and I heard a High Court judge tell us that voter ID was not the solution. He said, and this is a judge who has done many electoral law cases, that asking for

“ID at polling stations, frankly, is neither here nor there.”––[Official Report, Elections Public Bill Committee, 15 September 2021; c. 15, Q13.]

The data shows that there were just three convictions for personations since 2016. The proposals really are a sledgehammer to crack a nut.

Elections Bill

Jim Shannon Excerpts
John McDonnell Portrait John McDonnell
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Two things on that: first, the hon. Gentleman is right to make us wary of putting even more responsibility on local government given its financial situation; and secondly, those cards have to be applied for, which is another process to go through that becomes costly. The hon. Member for Gedling intervened; it looks as though only 70% of people will actually do that, so we are still looking at a number of people dropping out of the system altogether.

That is why, with other colleagues, we are looking at what else people will have that they could use and why I thought that the list in Lords amendment 86 was constructive. There might be elements of that about which the Government think, “Well, that’s a bit iffy,” but I would rather that they had come back and said, “Well, let’s rule these ones out but accept the others.” They did not, which for me undermines their argument that they are trying to construct a legislation that will work effectively to ensure maximum democratic participation.

I am trying to be ultra-reasonable here, because people can lose their temper about this sort of legislation. My view is that whatever ping-pong takes place now, the two elements that we are talking about could be easily remedied. I want them to be dropped altogether, but if the Government will not drop them, then on the statement we should use a super-affirmative resolution process, and on the voter ID stuff they should at least look at some of the mechanisms and the list that the House of Lords has put forward, because several of the items are perfectly valid for their use. I will leave it at that.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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It is a pleasure to contribute to the debate. I wish to speak to Lords amendments 106 to 109, as they pertain to local elections in Northern Ireland and elections to the Northern Ireland Assembly. I totally agree with what the Minister said earlier, in particular about photographic ID. We have had that in Northern Ireland for a number of years, and it has proven to be successful. I understand exactly the principles of why it is important. All a polling card confirms is the name and address on it; it does not confirm anything else. That is why I believe photo ID is critical.

In Northern Ireland, someone can use a passport, a driving licence, a SmartPass or a war disablement pass, because they all contain someone’s name and address and also their photograph. The Minister is absolutely right that those are methods of doing this. We also have another method—it goes back to what the hon. Member for Lichfield (Michael Fabricant) mentioned in his intervention on the right hon. Member for Hayes and Harlington (John McDonnell)—and that is electoral identification. Because we have an election coming up in Northern Ireland, people are coming in almost every day of the week to be registered so that they can use that electoral ID, with a photograph, which is recognised and issued by the Electoral Commission in Northern Ireland. It is done not by local government but centrally, by the Electoral Commission. Those are examples of why voter ID is important—because it works.

Michael Fabricant Portrait Michael Fabricant
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I, too, am anxious that we do not see people not voting because of the problem identified by the right hon. Member for Hayes and Harlington. Is it the hon. Gentleman’s experience that in Northern Ireland, people do not vote because of the need for voter ID, or is that not an issue in practice?

Jim Shannon Portrait Jim Shannon
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I thank the hon. Gentleman for his intervention. He poses a question, but he also poses a solution. We both know what the solutions are, and clearly the Minister does too.

Gavin Robinson Portrait Gavin Robinson (Belfast East) (DUP)
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There has been no discernible drop-off in voter turnout as a result of the requirement for photographic ID in Northern Ireland. I looked up the turnout figures in the constituency of the right hon. Member for Hayes and Harlington, and they are sitting at around 60% with no voter ID; in my constituency in Northern Ireland, where voter ID is required, turnout is higher. Voter ID has not had a discernible impact. I have been entirely frustrated during the passage of the Bill with the reticence from Labour. Does my hon. Friend agree that that has no factual basis and has not been borne out in reality whatsoever?

Jim Shannon Portrait Jim Shannon
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My hon. Friend is absolutely right, and I totally agree with him.

I looked through some of the things referred to in Lords amendment 86 as a “specified document”. Nearly half of them do not have any photographic ID. I could lift the cheque book of the hon. Member for Heywood and Middleton (Chris Clarkson), take it down to the polling station and pretend to be him, when that is absolutely not true, because that is one of the documents listed. This does not work with documents without photographic ID, so I come back to the point I made at the beginning—and I thank the Minister very much for setting the scene.

Sometimes I wonder about change. When the seatbelt legislation came in, we probably fought against that because it was an attack on our liberty, but we all wear a seatbelt now because it is the norm. When helmets were made compulsory for motorbike riders, some of us thought that was an attack on our liberty, but now people wear a helmet on a motorbike all the time. If photo ID comes in, it will be the same—it will be accepted—because the Government have a process that makes it simple and achievable. When electoral ID was first introduced in Northern Ireland, there was a £2 charge. There is no charge any more. The system works because the Government want it to work; they want people to go and vote. That is what this process has to be about—encouraging people to go and vote and use their franchise whenever they can.

I want to comment on some of the things that have been flagged up over time. It is important to feed into the process; while we have photographic ID, there are things that sometimes crop up in the process, and it is always good to exchange those things. I know that the Minister is always keen to see what we are doing across the whole of the United Kingdom of Great Britain and Northern Ireland, but in particular in Northern Ireland.

On voter ID, we have had photographic ID in Northern Ireland for some time. We encourage people to be paperless at work and to bank online, so I look at the requirements and wonder how people can provide a bank statement that is not a print-off. The problems are real.

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Gavin Robinson Portrait Gavin Robinson
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True luddite, Jim.

Jim Shannon Portrait Jim Shannon
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Many people cannot follow it, and I suspect that I am one of them.

The denial letter is sent with the DRN on it. Again, the elderly and ill people ask, “What does that DRN mean?” I say positively and constructively to the Minister that I believe she will replicate what we have done in Northern Ireland and probably do it better, having learnt from some of the mistakes made back home. How do I explain to an 87-year-old woman—I will not mention her name—that the electoral office needs information that she did not know that she had and that, because she has been denied her vote at this time, I will have to borrow a wheelchair to take her down to vote? We will do that on the day, and she has not left her home in two years. I say that because the digital process was lost on that lady, and it is lost on many others.

The digital registration number is essential according to the legislation, yet it means nothing in practice. She had used her national insurance number for the last 65 years of her life, yet all of a sudden that is not what the electoral office wants. She understands that, but she does not understand what the DRN is. Again, that is about looking at how we can make the system better.

I believe we are overcomplicating the system, and it is the ordinary person who is the loser. Those sitting in a room fraudulently filling out postal vote forms know all about DRN—they understand it, but this lady does not. She will make herself ill getting to the polling station because she will not miss her vote. Never mind that she has had a postal vote for that address for many elections, there is no room in the legislation for common sense.

My fear is that the Lords amendments do not go far enough and complicate matters, which is why I look to the Minister and the Government for suggestions on how to take the issue forward. I welcome Lords amendments 15 to 19, which include explicit reference to voting in secret and “independently”, and would place new statutory duties on the Electoral Commission to draw up new guidance to support an independent and secret vote at the polling station from 2023, consult relevant organisations in the production of that guidance, and hold returning officers to account for following that guidance. However, as the Royal National Institute of Blind People says, the key question will, of course, be whether blind and partially sighted voters have better experiences at polling stations in 2023 and beyond. On that, it is clearly too soon to say.

I know the Minister is keen. I know the comments she has made in the past on ensuring those who are visually impaired have the right to have the same opportunity to vote and a system they understand. I know the Minister wants to make sure that happens, but perhaps she could confirm that that will be the case.

I will conclude with this comment. There is an overarching theme that this legislation may not be hitting. That is to encourage people to vote and not set up hurdle after hurdle for those who are minded to vote. If people want to cast their vote and use their franchise, and if we want to ensure they have that opportunity in whatever way they can—it is right that they should—then I believe this House must ensure that people have that vote. I look forward very much to what the Minister will say. I cast my mind back to our experiences in Northern Ireland and what we have done. Do not feel threatened in any way by photo ID. It works for us; it can work for you.

Kemi Badenoch Portrait Kemi Badenoch
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I have listened to the debate with interest. As shown by the amendments tabled today in relation to the Electoral Commission, the Government have been receptive to the representations made by parliamentarians across both Houses and have sought to provide reassurance where possible.

Before I conclude, I thought I might pick up on a number of points raised by Members. The Opposition Front Bencher, the hon. Member for Nottingham North (Alex Norris), asked about the purpose of candidates’ addresses. It is right that candidates who live just outside the constituency they are standing for, but who do not wish to disclose their home addresses, are not at a disadvantage because their local connection may not be recognised. Using local authorities is a balanced approach to that, while also protecting their safety. On Report, this was a cross-party amendment, so I know that Opposition Members agree. The option is already available to candidates at local and mayoral elections across local authorities, and we think it is appropriate to extend that option to candidates at parliamentary elections.

The hon. Gentleman asked about funding. New burdens funding will be provided to cover additional costs as a result of the changes, so local authorities will not be required to find it from their existing budgets.

The hon. Member for Edinburgh West (Christine Jardine) is no longer in her place, but she made an intervention on the hon. Gentleman about the suppression of ethnic minority voters. She is quite wrong. Her assertion that black voters are less likely to have ID is based on a stereotype that arose in the US and was true during the Jim Crow era. We do not have Jim Crow in this country. We never did. It is an offensive stereotype. It is not just offensive but wrong to say that ethnic minorities do not have photo ID. All other things being equal, ethnic minority voters in this country are actually more likely to have photographic ID. Speaking for first-generation immigrants like myself—[Interruption.] I am not addressing the hon. Gentleman; I said the hon. Member for Edinburgh West. We should agree across the House that ethnic minorities should not be used as political footballs to make those sorts of silly points when there is no evidence. I am glad that he agrees with me. It is a shame that the hon. Member for Edinburgh West is not in her place.

The right hon. Member for Hayes and Harlington (John McDonnell) raised the point about the strategy and policy statement, and he might be pleased with my clarification—I assumed that he was asking about everything in our new provisions on the strategy and policy statement. It will be subject to the approval of the UK Parliament and allow it a greater role in scrutinising the Electoral Commission. In applicable circumstances, the statement will be subject to statutory consultation to allow the views of key stakeholders to be considered before the draft statement is submitted for UK parliamentary approval. I think he will be pleased to hear that we tabled amendments (c), (h), (j) and (k) in lieu, which provide for enhanced parliamentary scrutiny—it is super-affirmative, as he mentioned—of a statement that has been subject to a statutory consultation by providing both Houses, with a supplementary opportunity to consider the draft statement and make representations before it is laid for approval.

However, not all changes to a statement will warrant a full statutory consultation, which is why, in some circumstances—if it is just a minor change—the Secretary of State will be able to disapply the statutory consultation requirement. The Government’s view is that it would be overly burdensome to apply enhanced parliamentary scrutiny to changes that did not warrant a statutory consultation.

The Scottish National party Members, the hon. Members for Argyll and Bute (Brendan O’Hara) and for Glasgow North (Patrick Grady), continued the theatrical representations that they have made during all stages of the Bill, repeatedly creating straw men that they could knock down and using so much circular reasoning that my head was spinning. We have covered those points many times, so I will not repeat them again, but I enjoy listening to them in these debates. I thank my hon. Friend the Member for Heywood and Middleton (Chris Clarkson), who was excellent in making a lot of rebuttals to the points that they and other members of the Bill Committee made.

I thank the hon. Members for Belfast East (Gavin Robinson) and for Strangford (Jim Shannon), who very eloquently and strongly explained that voter turnout in Northern Ireland was not impacted by the introduction of photographic ID. That is yet another straw man. It is not true, and they said it far better than I ever could. The hon. Member for Strangford sought reassurances about a number of measures. I do not have the correct information to do so now, but I will ensure that my officials provide him with a comprehensive response.

I hope, in returning the Bill to their lordships, that hon. Members can send a clear message on the vital importance of ensuring that our elections remain secure, fair, transparent and up to date. The Bill delivers on the Government’s manifesto commitment to ensure the integrity of our elections and it will protect the right of all citizens to participate in our elections while feeling confident that the vote is theirs and theirs alone. I commend the Bill to the House.

Question put, That this House disagrees with Lords amendment 22.