Elections Bill (Fifth sitting)

Kemi Badenoch Excerpts

Committee stage
Wednesday 22nd September 2021 Public Bill Committees

[The Chair]

I can only repeat what I said to the hon. Member for Lancaster and Fleetwood. That is a perfectly fair point, and if the hon. Gentleman wishes to table an amendment to that effect, I am sure that the Government will listen very closely. I am completely in the hands of the Committee.

We will start with clause 1, and the question that it stand part of the Bill. Members will note my grouping and selection, and that several detailed matters relating to voter ID will be covered in debates on amendments later today. Clause 1 introduces the schedule on voter ID. I would be grateful if Members could please restrict their remarks to the principles of the proposals. That is quite important. I am sure that we can have a very wide-ranging debate that will be more like a Second Reading debate, but remember that there are loads of amendments later, so there is no point in getting into detail now. We will have plenty of time to discuss the detail.

Clause 1

Voter Identification

Question proposed, That the clause stand part of the Bill.

[The Minister of State, Ministry of Housing, Communities and Local Government (Kemi Badenoch)]

It is a pleasure to serve under your chairmanship, Sir Edward, and to progress the passage of the Bill. I pay tribute to my predecessor, the Minister of State for Disabled People, Work and Health, my hon. Friend the Member for Norwich North (Chloe Smith), for her great contribution to the proposals in the legislation. I ask the Committee’s forgiveness if I am not as sharp as she has been on the details. This is very new to me, following my taking on this position, but I look forward to taking the Bill through Committee and the upcoming stages.

I begin by introducing clause 1, which delivers the Government’s manifesto commitment to introduce photographic identification for voting at polling stations. I will first focus on the principle behind the measure, and why it is essential to the protection of our democracy. The details of its operation will be addressed later, when discussing the contents of schedule 1. I am sure the Committee will agree that it is paramount that we protect the security and integrity of our ballot, so that our elections will remain secure well into the future. The process for voting in polling stations in Great Britain has had no significant changes to security since the Ballot Act 1872. A system used in the Victorian era, when everybody was well acquainted with their neighbours, is simply not fit for the 21st century.

As my predecessor set out many times, there are undeniable vulnerabilities in our system that let people down because they can lead, and have led, to votes being stolen by unscrupulous individuals. We cannot sit idly by and tolerate that. Where there is the opportunity for fraud, we must act, particularly when we have the power to stamp it out with such a straightforward, simple policy. Just because someone is not regularly burgled does not mean that they stop locking their front door. Showing photo identification is an entirely reasonable and proportionate way to confirm that someone is who they say they are.

Many people would question why a requirement to show identification at polling stations is not already in place. In fact, the majority of the public—66%—have said that it would make them more confident in the security of the voting system. To suggest that specific groups, such as young people or those from an ethnic minority background, would automatically not be able to access the freely available voter card, based on assumptions about the work that will be done, is to unfairly diminish the agency and desire of those groups to participate. I will be unambiguous in setting this out: anyone who is eligible to vote will continue to have the opportunity to do so.

[Cat Smith]

I welcome the Minister to her place, and appreciate that she is obviously quite new to this area. I wonder how she feels able to back up what she just said about different demographic groups not having any trouble accessing free ID. The Driver and Vehicle Licensing Agency does not hold data on the ethnic background of people who hold a driving licence, and the Home Office does not hold data on the ethnicity of those who hold passports. Given that those are the two main forms of ID, how is she confident that any particular ethnic group will not be disproportionately affected by the policy?

[Kemi Badenoch]

I am happy to answer that question. As we produce guidance, we will be able to give more details on the specifics, but the fact is that it is an insult to say that someone from an ethnic minority background will have difficulty procuring ID. That is nonsense.

[Cat Smith]

On that point, will the Minister give way?

[Kemi Badenoch]

No, no—I have given way. I am also, as the hon. Lady will know, the Minister for Equalities. I have spent a year working on the disproportionate impact that covid has had on people. Being able to collect data is critical, but assuming from the get-go that people are disadvantaged on the basis of their background is stigmatising, and denies them their agency.

[Cat Smith]

Will the Minister give way? I wish to correct the record.

[Kemi Badenoch]

Let me finish. I do not know the conversations that the hon. Lady has had with other people. I think that she will find that on this issue I will be very robust, and I will not stand in this House and have ethnic minorities denigrated with the assumption that they need the Labour party or the liberal left to hold their hand in order to vote. We have had pilots, and there is a lot of evidence to show that this policy does not discourage people from voting.

[Cat Smith]

On that point, will the Minister give way?

[Kemi Badenoch]

I will not give way any further. We have oral questions—

[Cat Smith]

On a point of order, Sir Edward. I never said anything about ethnic minorities in my intervention on the Minister. I said that data on different ethnic groups was not collected. I never made any comment about ethnic minorities. I just wish to make that clear for the record.

[The Chair]

The hon. Lady has made her point, and I am sure that the Committee will have heard it.

[Kemi Badenoch]

The hon. Lady talked about the DVLA not collecting data on the ethnic background of people, so we know the point that she was making. As I said, I will be unambiguous in setting this out: anyone who is eligible to vote will continue to have the opportunity to do so. I hope that for the rest of the Committee we will be able to have a civilised debate, and not one where we bring in issues that are not pertinent to the matter at hand.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

I share the Minister’s distaste at the suggestion that people do not have that access and that agency. Is it not the case that the existing elements of voter fraud in the system fall disproportionately on ethnic minority populations, as we saw in Tower Hamlets in the Bangladeshi community?

[Kemi Badenoch]

I completely agree, and I am very grateful to my hon. Friend for making that point.

I want those listening to the debate to be clear that we will work with them, and for them, to ensure that the implementation supports their participation, and I hope that on that principled point the Opposition will stop their negative and discouraging narrative on the future of the measures. Voter identification is a simple, proportionate and effective means to strengthen the integrity of elections. For those reasons, I urge that clause 1 stand part of the Bill.

[Cat Smith]

It is a pleasure to serve under your chairship, Sir Edward. I welcome the new Minister, the new Government Whip and the new member of the Committee, the hon. Member for Devizes. They missed out on the pleasure of the four evidence sessions that we enjoyed last week, but obviously those evidence sessions—I will make the point again, Sir Edward—were not sufficient to cover all the clauses due to the instruction motion that was passed on the Floor of the House on Monday evening.

It is incredibly disappointing and bad form on the part of the Government to approach the House with a constitutional Bill that fundamentally changes huge swathes of how we vote and exercise our democratic rights as a society without that level of scrutiny. The instruction motion included a change to the voting system that previously happened only under referenda. I note the alternative vote referendum that we had about a decade ago. If we are to change our voting system in this country, not with referenda and not even with consideration on Second Reading or in Committee evidence sessions, I question the accountability to which hon. Members feel they can hold themselves.

Clause 1 requires voters to show photo ID at elections. I believe that in a democracy it is right that voters choose their leaders, but in the Bill we see a reversal of that: it appears that the leaders are trying to choose the voters who participate in elections. There is no doubt that requiring photo ID at a polling station is an additional barrier to voting. No one can argue—I welcome interventions from Government Members—that putting an additional requirement on a voter before receiving their ballot paper is anything other than likely to drive down turnout. If we wish to strengthen our democracy, as the Opposition wish to, one of the best ways that we can do that is to drive up turnout, because bad actors thrive when turnout is low. I wish the Bill were about encouraging participation in elections and democracy, and driving up turnout, because that would make it harder for bad actors to manipulate and twist our election results.

--- Later in debate ---

[Cat Smith]

The Government’s own research showed that 2 million people did not have ID, and 17% of those people said that they would not apply for a locally issued identity document. A further 23% said they were not sure that they would apply. Does the Government’s own research not prove that we risk disenfranchising millions?

[Kemi Badenoch]

I think the hon. Lady is confusing two different things. Those 2 million people are not necessarily 2 million people who are on the electoral register and are not necessarily 2 million people who would have voted anyway. Is she not mistaking correlation for causation and confusing the issue? My hon. Friend the Member for Broadland showed what actually happens when he cited evidence of an improvement in the participation of ethnic minorities and other groups in the electoral process.

[Cat Smith]

I am a little confused by the Minister’s intervention. There was a petition on the Parliament website about using digital IDs to access things online. The Department for Culture, Media and Sport responded to that petition using the statistics that I have used today. If one Government Department is using one set of statistics and the Cabinet Office—or presumably now the Department for Levelling Up and whatever it is—is using different statistics, does that not just show that one arm of Government is apparently not speaking to another arm of Government?

[Kemi Badenoch]

I am very happy to respond to the point the hon. Lady has just made. Different pieces of research are used for different outcomes. My argument was that she is confusing two separate things. The point my hon. Friend the Member for Broadland was making was specifically related to voter ID, and we should not mix and match different petitions and different polls that are used for different purposes as evidence, when the questions being asked are not pertinent to the matter being discussed.

[Cat Smith]

The Minister is right to say that there is a lot of different research done on who holds what ID, and it appears that there is no central understanding in Government about who holds what. That leaves us, as a Committee, high and dry in terms of knowing what impact this policy will have on different communities.

The Committee heard evidence from Gavin Millar QC, who pointed out that if Tower Hamlets was the reason for introducing voter ID, it would be

“an example of a hard case making very bad law, and I would counsel against that.”––[Official Report, Elections Public Bill Committee, 16 September 2021; c. 108, Q165.]

--- Later in debate ---

[Brendan O’Hara]

I have been trying, both on Second Reading and in Committee, to tease out where the Northern Ireland comparison comes from and how the Government believe that the situation we have in the United Kingdom in 2021 in any way resembles that in Northern Ireland in the ’70s, ’80s and ’90s, which led to the change. Nobody has managed to give me an answer to explain what the similarities are and why the Northern Ireland example is being used to advocate this change.

[Kemi Badenoch]

Can I come in on that point?

[The Chair]

Order. We cannot have an intervention on an intervention.

[Cat Smith]

The hon. Member for Argyll and Bute is right. Hundreds and hundreds of people lost their vote in the general election in, I think, 1982—it was before I was born. [Interruption.] It was in the 1983 general election. As a response to that, legislation came forward to require forms of ID, which were initially not photo ID, to protect the integrity of the ballot in Northern Ireland, where quite clearly organised crime was being used to disenfranchise literally hundreds and hundreds of voters in constituencies across Northern Ireland and, arguably, to skew election results.

Does the hon. Member for Darlington want to make the case that that is happening right here, right now? I would be very interested to hear whether he thinks that, in his constituency, hundreds and hundreds of voters have had their votes stolen through personation—perhaps at the general election in which he was elected. If he thinks that that is the case, I would be very interested to hear him make the case, but I do not think we can draw a direct comparison from Northern Ireland in the 1980s to England, Scotland and Wales in 2021. Does the Minister still wish to come in on that point?

[Kemi Badenoch]

I am very interested in the shadow Minister’s points, because she is saying that what happened in Northern Ireland in the 1980s is very different from what is happening here now, yet she is advocating keeping the rules the same as they were in 1872—150 years ago. That is extraordinary. We have not changed anything since the 19th century, yet she is saying that what happened in the 1980s is not applicable now. That is quite extraordinary.

[Cat Smith]

I am really thrilled that the Minister has made that point, because I have been the shadow Minister for democracy and elections for the Labour party since 2016 and I think that, in every single speech, I have made the case that electoral law in this country is fragmented and confusing. In fact, we heard from witnesses that we need to solidify—

[Kemi Badenoch]

And now we are making it more uniform.

--- Later in debate ---

[Cat Smith]

I think we have to assume that they were. [Hon. Members: “Why?”] Because of all the evidence that we heard as a Committee. I make no apologies to the Minister—she was not here for the four evidence sessions. We did not hear convincing evidence that this is a widespread problem. That is just not what we heard from the witnesses. We know the statistics on how many people were turned away and did not come back.

Rob Connelly from Birmingham raised concerns that the pilots did not reflect the community that he represents:

“One of our concerns with the pilots was that they did not reflect a large urban area, such as Birmingham, Manchester or Liverpool… It has been calculated that about 2% of people have not got ID. That is the equivalent of 15,000 people in my electorate.”––[Official Report, Elections Public Bill Committee, Wednesday 15 September 2021; c. 56, Q85.]

That is in Birmingham alone. A huge number of people—thousands, or tens of thousands—in cities up and down the country will have to go through the process of applying for this free voter ID card, on which there is no detail in the Bill. How can we be expected to vote for something on which there is no detail?

Returning to where I was before I took quite a lot of interventions, I think Ministers and Government Members are living in some kind of alternative reality. Perhaps they are watching too much Fox News. Our elections do not lack integrity. We consistently hear that in reports from the Electoral Commission and when our elections are observed from overseas. I am proud of our British democracy, and of the way we do elections in this country. I am confident that every Member of this House, whether I agree with them or whether we wear the same colour rosette at elections, and everyone who is sitting in this Committee Room was elected legitimately and got the most votes in their constituency. If any Member wishes to question whether they were legitimately elected to this House, I would be very happy to hear them say that they think they won unfairly.

[Kemi Badenoch]

I think the hon. Lady is confusing the purpose of the Bill. It is to protect the voter, not to ensure that our election results are kosher. I was elected with more than 25,000 votes. Anyone who was unable to vote lost their right. It would not have affected the legitimacy of my winning. The fact that she is saying that shows that she is still missing the point that many people lose their right to vote because another person has voted on their behalf. When I stood for election in 2010, I saw it happen at first hand. It is not reported, and a crime of deception is very difficult to see. She needs to acknowledge that point.

[Cat Smith]

I am a little confused by the Minister’s intervention. That would be reported because the person would have a tendered ballot and that information would be available. The point is—we heard it during evidence—that this policy has been brought in for UK Parliament elections with large electorates and we did not hear one witness say they thought a major election had been swung by mass fraud.

On the example of referendums, I campaigned in the EU referendum for remain, but I do not question that leave won because it would be unthinkable to enact personation fraud on such a scale.

Elections Bill (Sixth sitting)

Kemi Badenoch Excerpts

Committee stage
Wednesday 22nd September 2021 Public Bill Committees

Question (this day) again proposed, That the clause stand part of the Bill.

[The Minister of State, Department for Levelling Up, Housing and Communities (Kemi Badenoch)]

To say that this has been a lively debate would be seriously understating the passion and arguments made by Members on both sides of the Committee. Speaking as a former Treasury Minister, it is a refreshing change from annual Finance Bill Committees, where I am used to saying lots of things to silence and often bemusement from Back Benchers. That has been a real change and I have very much enjoyed listening to the arguments.

I want to thank all Members who participated in the debate for making so many interesting points. I thank my hon. Friends the Members for Newcastle-under-Lyme, for Peterborough, for Heywood and Middleton, and for Gedling, as well as my right hon. Friend the Member for Elmet and Rothwell for making brilliant points in their speeches, with which I wholeheartedly agree. They all said things far better than I could, given how new I am to the brief. I also enjoyed the interventions from my hon. Friend the Member for Darlington, the hon. Member for Glasgow North, my hon. Friend the Member for Broadland and the hon. Member for Argyll and Bute. I did not agree with the Opposition Members’ points, but they were well argued. I still think that they are wrong but I admire the passion of the shadow Minister, the hon. Member for Lancaster and Fleetwood. This is clearly a brief she knows very much about and it is nice to see that level of engagement with the topic. However, a few points were made in the debate that I wish to reply to; I will not speak for very long.

The hon. Member for Glasgow North talked about weaknesses in the research. I know the moment has moved on, but I want to emphasise that the Cabinet Office’s research is the most comprehensive to date and is nationally representative. It shows that 99% of people from ethnic minority backgrounds surveyed owned an accepted form of identification. It seemed from his speech that the hon. Member for Argyll and Bute felt this was a Bill about introducing a new voter ID card. Yes, that is part of it, but it is mainly about photographic identification. I felt that there was often conflation between people not having photographic identification and needing a voter ID card as opposed to everybody else needing one. That is not the case. I remind the hon. Gentleman that only those without existing documents need a voter card.

The hon. Member for Lancaster and Fleetwood talked about this being a new case for identity cards. I remind her that the coalition Government scrapped the last Labour Government’s plan for ID cards in 2010 and we have no plans for identity cards. The 2018 and 2019 voter identification pilots were delivered with a voluntary, locally issued notification. There is no compulsion here and that same model of an optional free voter card is what we are going to introduce.

Finally, I just wanted to reject completely the accusation from the hon. Member for Lancaster and Fleetwood of voter suppression. This is a political topic; we are talking about elections and MPs get very lively. We enjoy having these discussions, but it is important not to alarm people when a simple procedural Bill is being put through. People are disenfranchised if their vote has been used by someone who should not be doing so. It does not seem to be something that is of concern to Opposition Members, but we take that very seriously. As I said in my opening speech, just because someone’s house has not been burgled does not mean they should not lock the door. We can take precautions for things, even if their likelihood, depending on geography, is more or less. We should also have something uniform in bringing in this sort of Bill. We cannot just do something for Tower Hamlets and then wait until something happens in another borough.

[Cat Smith (Lancaster and Fleetwood) (Lab)]

Would it be appropriate at this point to ask some specific questions? I hope the Minister can respond about the application process for the voter ID cards. Obviously, it would be administered by local councils, but will there be a core standard of expectations of, for instance, the hours councils will be expected to offer the service? Will people have to apply in person,

[Kemi Badenoch]

I think that those are things that we can work out as we progress. We all know that those sorts of details would not end up in a Bill such as this one. We also need to be able to give flexibility. What we can say is that we want to encourage as many people as possible to take up these cards, and we will do whatever we can to ensure that that is the case.

Let me go back to the point that I was making about voter suppression. We hear again and again, particularly from Labour, that any change to boundaries or elections is all about keeping voters away and gerrymandering. I completely and utterly reject that. I was not a Member in 2014, but I remember that Labour claimed that the roll-out of individual voter registration in the country was going to suppress voters. Labour Members said that it was terrible, that we should not do it and that we should instead allow the head of household to register everyone. As we said earlier, that was about bringing things into line with Northern Ireland, and it is worth mentioning that the electoral register in the 2019 general election was at its highest-ever level. The last thing that Labour said was going to be suppressing voters did not do that, and I am absolutely confident, given all the evidence we have seen and heard, that this will not do so either.

[Cat Smith]

On voter registration, what plans does the Minister, who is responsible for this policy area, have to ensure that the missing 3 million electors find a way to register and appear on the electoral roll?

--- Later in debate ---

[Kemi Badenoch]

I thank the hon. Lady for her question, but she is deviating from the point I am making about voter suppressions. The point I was making is that the last thing we did, which Labour claimed was going to suppress voters, turned out not to do so. We have never heard any acknowledgment from the Opposition that it was actually a good thing to do and strengthened our democracy. On the point about registration, the hon. Lady will know that I have just come to this brief. We can deal with the Government’s plans, and what I will be doing over the next few years, outside the debate on clause stand part.

The claims about voter suppression are bogus. They have been shown to be false by the Northern Ireland experience and the 2018-19 pilot. There is no reason why we should not go through with this, which is why I urge all Members to let the clause stand part of the Bill.

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[Fleur Anderson]

I was as surprised as the witnesses from Peterborough and Birmingham councils when the chief electoral officer from Northern Ireland said that she needed 70 additional staff during the election period. Up until then, the evidence from Birmingham and Peterborough was that we would need a handful of additional staff through the year to give out ID cards, and then a surge, but to hear that 70 additional staff were needed in Northern Ireland was, I think, illuminating and concerning for some of the council staff who were giving evidence. It is a good point, well made.

Will the Government resource our local councils to deliver this policy? Can the Minister guarantee that there will be no cuts to frontline services because of the need to transfer resourcing to the production and delivery of ID cards? All year round, young people especially will be getting this card. At the moment, they have to buy a provisional licence to be able to go to a nightclub, so they will definitely want this card. It is a free resource all year round, so there will be demand for it all year round, but in the run-up to an election there will obviously be an additional surge. Will that fall on the local councils? Can it be guaranteed that Government funding will cover that? Local authorities and electoral registration officers will potentially be burdened with the additional time and money required to enfranchise 35 million overseas voters, at the same time as creating a whole new requirement for processing free voter ID cards for domestic voters, and that is on top of the Boundary Commission changes and all the other burdens being put on our electoral registration officers.

On top of that, the Dissolution and Calling of Parliament Bill, by its very nature, creates uncertainty around the timing of general elections, as the Prime Minister will be able to choose the date. The extremely short timetable in the lead-up to elections, as well as plans to shorten that window, has the potential to completely bury the administrative system behind elections, which will potentially result in those very precious electoral ID cards not being given out and people not being able to vote.

Local election authorities are already discovering that there is an increasing burden, and all the returning officers in the May 2019 voter ID pilots had to recruit extra staff, so it is not controversial to say that others will have to do so. It is not always straightforward. Mr Connelly from Birmingham City Council told us in evidence last week:

“As it is, we struggle to recruit and retain staff, who come to the polling station literally for one day a year.”––[Official Report, Elections Public Bill Committee, 15 September 2021; c. 61, Q96.]

Recruiting and retaining staff all year round will be a challenge. All those staff will need to be trained, and that requires more time and money.

This Bill needs to guarantee two things. First, it needs to guarantee that the responsibility for delivering the voter ID programme falls on a central body that ensures consistency across the country. The amendment would make it the Electoral Commission. The responsibility should not be squarely on the shoulders of local returning officers and electoral registration officers, who are already stretched to their limit.

Secondly, the Bill needs to guarantee that local electoral authorities are properly resourced and given what they feel they need to carry out their new duties and responsibilities. During the evidence session I was concerned to hear that local authorities had not already been asked for their estimates of what that would cost. The Government cannot yet know what it will cost to fund that adequately because local authorities have not been asked. If they are not properly funded and staffed, they will collapse under the weight of the new electoral regime; it will not work.

In her response, I would like the Minister to assure not just me but returning officers and registration officers up and down the country that she understands the concerns and limited capacity of local election registration teams. I would like her to guarantee that they will be given all the resources that they will need, and to emphasise that no frontline services will be cut.

I should also be grateful if the Minister would shed some light on the following questions. Will there be a national IT system for producing the ID cards? What will be the role of the Electoral Commission in supporting local authorities as they gear up to deliver this? How much will one elector ID cost the taxpayer? We heard that, in Northern Ireland, costs differed when production was outsourced and when it was insourced, but what is the estimate for the rest of the UK?

Has the Minister consulted local authorities? I know that she has not been in her place for very long, but have there been consultations with local authorities about how elector IDs will be administered and physically printed? Will local authorities need special printing facilities, for example, or will a normal colour printer be sufficient? Such things will make a big difference to local authorities. Will voters have their photos taken at the local authority when applying for the card? How will that work? Will women wearing face coverings be forced to take them off, and has that been built into how the system will be administered?

The evidence that we have heard so far demonstrates convincingly that a centralised approach to administering voter ID is cheaper, is more consistent and efficient, ensures that local authorities will not be pushed over the edge but can deliver the system, and ensures that every single person who can vote is able to vote. I hope that the Minister will take amendment 24 seriously and commit at least to embedding these principles in the Bill and the guidelines that follow.

[Kemi Badenoch]

I will respond to the hon. Lady’s points first before coming to the substantive reason that the Government cannot support amendment 24.

The hon. Lady asked how we will ensure consistency in provision between local authorities, and my hon. Friends the Members for Darlington and for Peterborough made very good points on that. The broader point is that local authorities have to administer very complicated elections anyway. The hon. Lady knows that in London elections there are multiple things happening at the same time, and London can cope. Local authorities do not need to worry about the support that they will get to deliver this. In me they have a Local Government Minister who will be very much on top of these issues.

The hon. Lady asked a lot of technical questions—about how the cards would be printed and so on. I am afraid that I cannot answer those today, but those are things that we shall be working towards. The hon. Lady asked whether ID cards would be transferrable from one local authority to another. They will be.

Interestingly, the hon. Lady acknowledged that there might be a surge in demand for the ID cards because of young people wanting to use them to go to the pub, but it is important to clarify that they are not a form of free identification. They are for electors who do not have existing photo identification, and they will not include date of birth.

Amendment 24 would mean that the responsibility for producing and administering the voter card and the anonymous elector’s document would rest with the Electoral Commission rather than with electoral registration officers, as the draft Bill provides. We cannot support the amendment, because the Electoral Commission is an advisory and regulatory body; it is not an administrative one. It does not have the experience or capacity to carry out that function. To take that away from local government, which has been doing that for centuries, and pass it to the Electoral Commission would be completely wrong. Such an approach would represent a significant shift in the way we deliver elections. How can the commission guide and oversee a process that it participates in the delivery of? The Electoral Commission will play a key role in communicating the change to voters ahead of polling day, and must be able to focus on fulfilling those existing duties. I am not in a position to make those changes to the implementation of the policy. As I said, I have every faith in local government to develop and deliver local services that meet the needs of their communities, so we will not support the amendment.

Question put, That the amendment be made.

--- Later in debate ---

[Cat Smith]

I agree wholeheartedly with the points made by the hon. Gentleman. Will voters be able to apply for electoral IDs online, regardless of who they are applying to or who is printing it? Will the application form be available online or will it be paper-only? Does the Department have any expectation of how long an application process will take? Will there be any minimum standards? Will the ID card be delivered to the elector’s home address, or will they have to come in person to collect it?

The amendment not only demonstrates the importance of making free electoral ID cards as accessible as possible, but gives us the opportunity to explore whether local authorities have the capacity to administer those IDs, on top of administering the election, given the backdrop of cuts to local authorities over the last decade. A point was made earlier about councils administering other forms of identity documents, but in two-tier council areas that is not always the case. In Lancashire, for example, the county council administers blue badges, but the borough or city council—the second-tier council—would administer electoral IDs. It is important to recognise the diversity across these islands in the way that local government is organised, because there are slight differences and responsibilities lie in different places. As we see the patchwork of devolution in England develop, we shall increasingly see local authorities having very different powers.

Returning to the amendments, local authorities need to have clarity about what they are being asked to do and how that would work. Is there any opportunity to ask other public bodies to support their work, in order to take the burden off our electoral administrators? The Association of Electoral Administrators has already expressed its concern about the huge burden of such a technical administrative task being placed on already overstretched local authorities. Local authorities are being expected to deliver photo ID cards, alongside the additional burden of registering millions of new overseas electors, on top of boundary changes. That is an awful lot of work.

Can the Minister understand the concern here, and will she provide some assurances to our dedicated electoral returning officers up and down these islands? Voting should not be a postcode lottery; there should be equality wherever we are. We must see measures introduced to ensure that obtaining an elector card is as easy as possible. These may include expanding the number of locations at which voters can obtain a card and measures to ensure consistency in administering the scheme in different locations.

[Kemi Badenoch]

Amendment 25 would require registration officers to ensure that eligible electors could make an application for an electoral voter identity document at a specified list of locations—a local government office, library, GP surgery or Member of Parliament’s constituency office. We cannot agree to the amendment, because it is too prescriptive—needlessly so. The Government share the aim of ensuring that the process for applying for these documents is highly accessible, but the proposed amendment is poorly thought out. Registration officers have the responsibility and local knowledge to identify the most suitable locations for voters to access the voter card process. They must be allowed to exercise that expertise and responsibility. They are best placed to understand their local community and the needs of voters and will have the local knowledge and expertise to ensure that the voter card process works for all voters. I think that answers the questions from the hon. Lady and will reassure her. Registration officers are the ones who know what is happening on the ground. We have every confidence that they will be able to deliver this.

The proposed locations may be suitable in some areas. However, without local knowledge they could disrupt other services and at the same time fail to address the needs of voters, whose preferences and characteristics are likely to be best understood by their own local authority registration officer. That local knowledge and expertise, as well as the diligence with which registration officers fulfil their legal responsibilities to electors, has been proven time and again with the successful delivery of a wide range of electoral events.

The hon. Member for Lancaster and Fleetwood asked whether electors would be able to apply for a local voter card. The amendment would place a requirement on electoral registration officers to act in locations over which they have no control and where the owners or managers could refuse to comply. That is another reason why we cannot support it. There could be many reasons why those responsible for such buildings might not want to act as a venue for applications, and there has been no consideration of that or investigation of issues that could arise, which leads to the point that my hon. Friend the Member for Broadland was making. A GP surgery may not wish to increase footfall through their buildings during flu season, as it could lead to an increase in infections among vulnerable patients.

The amendment would also place a requirement on those locations and their staff to allow such applications to be made, raising a number of questions about someone’s rights to access such a location for that purpose. It may be that someone is excluded from the premises for good reasons, or there may be reasons why right of access should not exist to a particular location. The requirement of GP surgeries in particular cannot be supported; it will place an unnecessary additional administrative burden on them and draw focus away from their healthcare duties.

The question of how electors will be able to apply for a local voter card is very important and I completely understand the need to look into it. The detail of voter cards and anonymous elector documents will be issued through secondary legislation, so we will have further opportunities to discuss it, but it is important that we get the details right both for voters and for those who administer our elections. We are and will be working closely with a range of stakeholders to develop and refine the necessary detail. I will update the House on the progress with that as soon as we are in a position to. It will be vital for electors to know how and where to apply for a voter card if they need one. The hon. Lady is right to bring that up. Awareness-raising campaigns delivered by the Electoral Commission will ensure that voters are aware of the new requirements and they will have sufficient time to prepare. For those reasons, we cannot support the amendment.

[Cat Smith]

The Minister has addressed some of my concerns. My amendment is probing and I do not intend to press it to a vote, but I hope the Minister can recognise that it is not very satisfactory for many of these questions to be answered in secondary legislation. It would be helpful for the Committee’s deliberation if at some point she could at least indicate whether it will be possible to make applications online or whether they will have to be made offline. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

--- Later in debate ---

[Fleur Anderson]

Thank you very much, Sir Edward, and I thank the hon. Member for Darlington for his memorable intervention—I certainly remembered it—on whether we should match 10-year passports, and whether that would be easier for people to remember. That might be part of the Government’s thinking. I would like to know what their thinking is. Can the Minister confirm how long the free elector ID card will be valid for? Are there plans for that? Does she agree that a free elector ID must last more than one parliamentary cycle or risk disenfranchising people by asking them to reapply between elections, or even at every single election? Finally, what is her policy on ID card renewal?

[Kemi Badenoch]

Amendments 32 and 41 would mean that voter cards and anonymous elector documents would be required to be valid for a period of 15 years from the date of issue, and I am afraid we cannot agree to that. Primarily it is important that the documents are renewed on a regular basis to ensure that they remain a good likeness of the holder, as the Bill states. I note, however, as other Members have mentioned in interventions, that driving licences and passports are typically renewed every 10 years. The hon. Member for Putney makes a good point, but we are considering the most appropriate time before expiry. We will bring forward our proposals in secondary legislation, which will then need to be approved by Parliament through the affirmative procedure.

Hon. Members have been judicious in trying to open up the list of specified forms of identification to include insecure methods, but they are limiting the flexibility of the method upon which those without access to a form of accepted identification could rely. For example, the amendments would prevent any consideration of an electoral returning officer issuing any kind of temporary voter ID card or anonymous elector documents, should that be appropriate. As such, that would work against being able to provide mechanisms to support people who need a short-term solution to showing identification, which I know the Opposition are particularly concerned about.

The hon. Lady raised inclusivity. We will of course ensure that the process is inclusive. The Government take those issues very seriously—I see that as the Minister for Equalities. We are doing a lot of work in terms of ID documents and gender recognition certificates to support trans people. As we have made changes throughout the last 12 months or so, we are seeing applications increase. Often all the things that we say will stop applications and participation are measures that improve and increase it.

I hope that the hon. Lady will forgive me, because I did not have enough time to write down her last question and so have forgotten it. I hope that I have been able to address some of the issues that she raised. However, in order to maximise the options that we can consider as we take forward our implementation plans, the Government cannot support this amendment; it is just too restrictive for the Bill.

--- Later in debate ---

[Cat Smith]

I beg to move amendment 42, in schedule 1, page 66, line 5, at end insert—

“13BF Application for electoral identity document on Government website: Great Britain

The Secretary of State must ensure that a person eligible for an electoral identity document under section 13BD or an anonymous elector’s document under section 13BE is able to apply for that document on the gov.uk website.”

The amendment would allow voters to sign up for free electoral ID when engaging with numerous Government services and not simply when they are registering to vote. The amendment is similar to amendment 25 and connected amendments, so I will not repeat those arguments, but the change would see voters reminded about voter ID rules and reminded to apply for a free elector card when they engage with gov.uk services. For example, when people were applying for universal credit on the Department for Work and Pensions website, they would be asked, at the end of the application process, if they wished to apply for a free electoral ID. Of course, this is assuming that people will be able to apply online. There has not been clarity from the Minister so far this afternoon on that, so perhaps this is an opportunity for her to make it a little clearer.

[Kemi Badenoch]

The amendment would place a legal obligation on the Government to create a new digital application system, specifically on the gov.uk website, to enable eligible electors to apply for either the voter card or the anonymous elector’s document. We cannot agree to the amendment, although we recognise the positive intentions behind it. The issue of online applications was raised earlier. I want to reassure hon. Members that the Government share the aim of ensuring that the process for applying for these documents is highly accessible. We are working with numerous partners to ensure that is achieved. In particular, I would like to highlight the excellent work done by the various charities and organisations that advise us through the Government’s accessibility of elections working group.

However, the amendment would not help us achieve our goal. First, it is pre-emptively prescriptive. We need to be able to evaluate and consider the best vehicle for online applications. It may be better for online applications to be done via local authorities’ individual websites, or perhaps even a website specially designed for this purpose. We do not want to be restricted at this point, or to be required to fund a particular approach now, when there might be a much better option later. I have been clear that the Government’s intention is to continue working up the best model for implementing these measures. I acknowledge very much the arguments made for an online solution. I used to be a tech developer myself, so I completely see why this amendment was tabled, but for now we cannot support such a narrowly drawn approach.

--- Later in debate ---

[Fleur Anderson]

When secondary legislation is developed, which will probably cover this matter, perhaps we can see what the evidence base is. We can then look at different potential contracts and what the costs would be, and the hon. Member is correct that that should inform our decision.

Most recently, there was real concern about sharing our NHS data and GP surgery data with a private company. That had to be scrapped during the summer, because there was so much concern about sharing that data. I think we should learn from that experience as well. With voting, people are even more concerned about where their data goes, who will be producing the voter ID card and what will be done in that area, so we have to be even more concerned to ensure that the Government are in control of the matter. That is the way to keep our integrity.

I shall finish my remarks by asking the Minister some questions. Does her Department plan to outsource the administration and production of voter ID to private companies? Have there been some pre-contracting conversations already? If she does not know, will she commit to following best practice in Northern Ireland and ensuring that this essential service is kept in-house, or at least to making that the default position in future negotiations?

I hope that the Government will support the amendment, which is not controversial. It is in line with best electoral reform practice in our kingdoms, as shown in Northern Ireland, and most importantly it is the right thing to do for our democracy.

[Kemi Badenoch]

The amendment would ensure that private companies could not take any part in any aspect of producing or administrating voter cards and anonymous elector’s documents. We cannot agree to the amendment. It is an entirely unnecessary restriction, clearly raised for ideological reasons, with no consideration for the practicalities. I remind Opposition Members that the private sector already plays numerous roles in elections—it prints documents, ballot papers and poll cards; it manufactures equipment such as ballot boxes and polling booths; and it delivers poll cards and postal votes. My hon. Friend the Member for Gedling made the point well; we on the Conservative Benches can spot socialism coming from a mile away, and this is nationalisation through the back door.

[Brendan O’Hara (Argyll and Bute) (SNP)]

Whether this is about socialism or whatever else—we can debate that—we have just come out of a personal protective equipment scandal. So much of this Bill has been predicated on public trust and on building public trust. In light of the fact that the public have been so horribly stung in that PPE scandal, we have to rebuild trust. The idea of the landlord of a Minister’s local boozer saying, “I can make those cards for you,” runs a shiver down our spines. In the interests of building public trust, this surely has to be taken in-house, because if it is not we will be in grave danger of repeating the scandal we have seen with PPE.

[Kemi Badenoch]

I thank the hon. Gentleman for that straw man argument, which shows that he did not listen to what I just said. Does he seriously think that all the ballot papers and poll cards that are being printed are being produced by mates—

[Brendan O’Hara]

rose—

[Kemi Badenoch]

No, I am not giving way any more. I would say that he does not think that. An ideological point is being made, and we will not have it.

The hon. Member for Putney made a point about GP surgeries having our data. GPs are private contractors. This conflation of what is private and what is not, and this lack of understanding of how services are delivered, is poor. The Carillion argument in particular is a specious one. Many organisations both private and public fail occasionally. We have debated these issues on the Floor of the House many times, and there is no point in my repeating them, but public sector organisations also fail. We do not then decide that we are going to rip up everything and that they will no longer provide any services; we try to fix what has gone wrong. I do not accept those arguments at all.

Government and local authorities will, as ever, and as my hon. Friend the Member for Broadland said, seek to ensure best value for money for the taxpayer. That is the right thing to do, rather than the ideological ping-pong that we are seeing here. I say to the hon. Member for Putney: nice try, but we are not accepting the amendment. If any aspect of the production or administration of either of these documents could best be served in the private sector, then that must be an option that is available. We are not being prescriptive about how we are going to do this.

[Aaron Bell]

The implication of how the amendment has been drawn up is that we would need a Government factory to produce the plastic and another Government factory to produce the ink. It is absolutely ludicrous.

[Kemi Badenoch]

I completely agree. That is what the wording of the amendment would mean. It would ensure that private companies cannot take part in any aspect of producing or administering voter cards, so my hon. Friend is absolutely right to make that point.

It is also possible that the private sector will have expertise or capabilities, or could offer innovative solutions, that do not currently exist in the public sector but would be of great benefit to the elector. The private sector has long held an important role in supporting the effective delivery of elections. I have mentioned some examples showing that it is already a valuable and capable partner for electoral registration officers and returning officers, and there is no good reason why it should be prevented from contributing in this instance.

[Fleur Anderson]

I would say that the whole Bill is ideological, so it is ridiculous just to take one part of it. It is ideological from start to finish, and especially in these provisions on voter ID. We must get this right from the start. We cannot go to an outsourced private company, get it botched, cause people not to trust it, and then insource it. Why not learn from Northern Ireland and get it right from the start? I am disappointed by the Minister’s lack of reflection on the Northern Irish experience. I still hope that this will be insourced from start to finish when it comes into play, and that the £120 million estimated cost will not go to line the pockets of individuals but stay within the system, where it should be. For all those reasons, we will press the amendment to a vote.

Question put, That the amendment be made.

--- Later in debate ---

[Cat Smith]

The hon. Member is absolutely right. Light is a very good source of scrutiny. A public consultation, as the amendment suggests, would bring in the expertise of more than just Members of this House. Obviously, we all engage with the process, but our electoral administrators might well have points to add. It would give them the opportunity to contribute, as it would political parties who are not represented in this House. Smaller parties would be able to have their say. It would give the Government far more credibility on what is, at the moment, quite a flaky policy.

[Kemi Badenoch]

Amendment 44 would ensure that any regulations made under proposed new sections 13BD or 13BE to the Representation of the People Act 1983 would first require a public consultation period of at least 28 days. The powers in those sections are for setting out the form of the voter card and the anonymous elector’s document, and the processes for both applying for them and issuing them.

We cannot agree to the amendment; it is an unnecessary administrative burden. Any regulations made under the new sections will be subject to consultation with the Electoral Commission, followed by significant parliamentary scrutiny under the affirmative statutory instrument procedure. Parliament would naturally want to ensure that any future changes are appropriate and based on contemporary evidence. Given the feisty debate that we have had—[Laughter.] The hon. Member for Glasgow North is laughing, but the fact is that we are having a lot of scrutiny on this Bill. We cannot pretend that we are not, and everyone can see that MPs are pleased to scrutinise this issue more than many others.

[Patrick Grady]

I was particularly amused by the notion that affirmative instruments are subject to detailed scrutiny. Anyone with experience of the SI process in this House could see that comment in the wider context in which it should be judged, and that provoked my laughter. The reality is that the Government rely increasingly on these kinds of statutory instruments and secondary legislation regulations, partly because they do not seem to have done their homework in preparing the primary legislation and precisely because they want to avoid the kind of scrutiny that the hon. Member for Lancaster and Fleetwood talked about—the opportunity for smaller parties who are not represented on Delegated Legislation Committees to have their say and the opportunity to amend regulations introduced in statutory instruments. This speaks to the power grab at the heart of the Bill, no matter what the purported purposes of it are.

[Kemi Badenoch]

I thank the hon. Gentleman for that intervention. If he feels there are issues with the SI process, he should take it up with the Procedure Committee, but I am sure I have sat in a room just like this one when he has been keen to get out to have his lunch. I think that for those of us—

--- Later in debate ---

[The Chair]

Mr Grady, you are a very effective and much- loved Member.

[Kemi Badenoch]

I will leave the hon. Gentleman’s comments without reply, as we need to get back to the point.

I have talked about the Electoral Commission and the affirmative SI procedure, but there is a further issue with the amendment, of which I think we are all aware. It would require a significant mandatory time delay in making any regulations in future, no matter how small or technical. That could prevent a Government from making essential changes in time for an election if they needed to adapt the processes for issuing voter cards. The Government have worked and will continue to work closely with a wide range of organisations in the development and implementation stages of these measures. Adding a formulaic approach would be prohibitive to the system developing intuitively and responding quickly to evidence that comes out of implementation.

The hon. Member for Lancaster and Fleetwood asked whether I agreed with the remarks made by my predecessor in this Committee. Of course; I am keen to bring secondary legislation to the House as quickly as possible. She asked a lot of detailed questions, many of which I have answered before, and I am conscious that there is much still to work out as we go through further stages of the Bill. The questions that I can answer I will write to her about, but for many of them I am afraid I will refer to my responses to similar questions that have been asked previously. This will have to wait until secondary legislation, so we will not support the amendment.

[Cat Smith]

I am very disappointed that the Minister has not been able to cover at least some of my questions. I am particularly concerned about victims of domestic violence, who are anonymous on the electoral roll if they have a letter from their local police. I urge the Minister to look seriously at that issue because some of the most disadvantaged and vulnerable people in our communities are likely to disproportionately face barriers because of their ID cards. Presumably it will be difficult to make them valid. The Minister has failed to reassure me that there will be true public scrutiny of the regulations, so I wish to press the matter to a vote.

Question put, That the amendment be made.

--- Later in debate ---

[Cat Smith]

One of the witnesses in our evidence sessions—I cannot remember who it was; perhaps someone can intervene and share it with us—was very clear that no matter what legislation we bring in and how hard we try, bad actors will find a way around it to commit fraud. Even requiring ID at polling stations is not watertight. The hon. Member for Glasgow North made the point very clearly that if someone prints out a fake driving licence or passport, they can suddenly claim to be someone else because they have shown ID, even though it is a forgery. The legislation is not watertight against fraud, so it is about being proportionate.

I believe that the amendment is a proportionate safeguard to ensure that constituents who, for whatever reason on the day, are unable to provide ID are not denied the opportunity to cast a vote. It is used in many US states that have what I would call non-strict ID. It provides some level of protection, but not one that results in people being denied their vote.

[Kemi Badenoch]

Amendment 45 would allow a voter who has provided a specified form of identification at a polling station to attest to the identity of another voter who does not have a specified identification with them, and therefore enable a ballot paper to be issued to them. Amendment 46 would allow a voter who signs an affidavit confirming their identity to be issued with a ballot paper, even if they have not produced a specified form of identification. We cannot agree to the amendments because they would undermine the entire purpose of the voter identification measure in the Bill: that voters should show photographic identification in order to vote at an election. My hon. Friend the Member for Heywood and Middleton made an excellent intervention on that, which I will come to in a moment.

I remind Members that the principle underpinning the policy is to give voters confidence that their vote is theirs and theirs alone. Personation is by definition a crime of deception. It is very difficult to identify and prove. Photographic identification, more than attestation, virtually removes any risk of it occurring. It is a tried and tested model in the UK. As I said, the 2018 and 2019 pilots found that public confidence in the integrity of elections was higher. Attestation is just nowhere near the level that we need. People being able to create other documents easily is a weak argument. Fake passports and IDs are very difficult, complex things to create. Someone cannot just print a fake passport at their local library. The weakness of the examples that are being given shows that attestation is nowhere close to photographic identification.

We also consider that the decision to issue a ballot paper in a polling station to a voter should rest squarely with the presiding officer or a clerk. We do not consider that it would be appropriate for a voter to have a role in the issue of ballot papers to other voters, in particular as the ballot paper would be issued to a voter who has not shown a required form of identification. We should recognise that there would also be a risk that these provisions could be exploited by the unscrupulous to allow a ballot paper to be issued to a person who is ineligible to vote at an election. Any eligible voter who does not have one of the required forms of photographic identification can apply for a voter card. We will continue to work with multiple stakeholders—local authorities, the Electoral Commission, charities and civil society organisations—to make sure that reforms are delivered in a way that is inclusive for all voters.

I urge Opposition Members not to press the amendment.

[Cat Smith]

The Minister was obviously not present for our evidence sessions, but it strikes me that, as our witnesses told us that postal voting is where the largest amount of fraud takes place, and as that is a form of voting where photo ID is not required, she is leaving a gaping hole in the risks that she outlined. I am not convinced by her arguments and I would like to press the amendment to a vote.

Question put, That the amendment be made.

--- Later in debate ---

[Cat Smith]

The reason why I draw examples from the United States is that it does not have a national ID card, in the same way that we do not, whereas the European examples tend to have a national ID card. In that sense, we are more similar to the United States than to the European countries that the hon. Gentleman tempts me to talk about.

In New Hampshire, election officials will send a letter to anyone who has signed a challenged voter affidavit because they did not show an ID. These voters must return the mailing confirming that they are indeed in residence as indicated on the affidavit.

That method has allowed many successful elections to take place without fraud becoming an issue. There have been so many inventive ways to ensure that people do not lose their right to vote under that legislation. I urge the Government to share that imagination and perhaps to listen to some of those examples of good practice from the United States and incorporate them into the UK legislation. I hope the Minister will consider looking at the proposals and at the ways in which some US states do that to support our attempts not only to stamp out fraud, but to ensure that no elector is disenfranchised unduly.

[Kemi Badenoch]

The amendment would provide that a person who is unable to produce one of the required forms of photographic identification is able to cast a provisional ballot pending checks on their identity. We cannot agree to the amendment. It would mean that the counting of votes and announcement of the final result at an election might have to be delayed while the eligibility of such persons to vote at the election is checked and resolved by elections staff.

[Brendan O'Hara]

On the length of time, so much of what we heard on Second Reading and today was about the integrity of the ballot and about ensuring that every vote counts and that no vote is there wrongly, but suddenly we seem to have a pivoting on this point, with convenience somehow trumping democracy. The Minister accepted that queues will be longer, because people will have to produce a voter ID card, so are we really saying that the inconvenience of having to check the veracity of somebody’s vote—that it is absolutely correct—is more important than them actually having that vote?

[Kemi Badenoch]

No, I do not think so. I do not think that the point the hon. Gentleman is making applies to this amendment. Of course, we want every single vote to be counted, but as the amendment is drafted, how long would we have to wait, and what would the procedure be under it?

[Brendan O'Hara]

The answer would be that we wait as long as we need to get the right result.

[Kemi Badenoch]

Exactly—that is the point I was coming to. As the amendment is drafted, it could be a way in a marginal election of unduly delaying the announcement of a result. We want to ensure that people do not have their votes taken away and used by others who should not be using them. The examples we saw in Tower Hamlets and so on are part of the reason for the Bill.

[Patrick Grady]

Will the Minister give way?

[Kemi Badenoch]

No, I need to make progress—I am looking at the time.

The examples that we gave show why the Bill is needed, and that is not what the amendment would do. It would create an unnecessary administrative process. The focus of the Bill is on ensuring that everyone who is eligible and wants to cast their ballot in person can do so. We are talking about a situation in which someone does not have any photographic identification or a voter ID card, but puts in a provisional ballot only to disappear for who knows how long. Someone refused a ballot paper because they do not produce a required form of photographic identification may try again. If they return with identification, they will get a ballot, and they may make any number of attempts to do so.

[Patrick Grady]

That does not answer the point that I made on Second Reading and earlier today about what happens if a voter turns up too late in the process, say about quarter to 10 at night, at the last minute, but realises that they have left their photographic identification at home. By the time they get back, they might not be able to get inside to cast their ballot. This nonsense of, “How long would it take?”, could perhaps be addressed in regulations, as that seems to be the Minister’s solution to most of our other problems and questions. Or, if she does not like the competency or the wording of the amendment, is she suggesting that she would be open to a more clearly prescriptive amendment to address some of the points on Report? Perhaps that will be tabled and the Government will consider it at that stage.

[Kemi Badenoch]

I do not think that the hon. Gentleman has improved his argument by saying that we should not have the legislation because someone might turn up with five minutes left and something could wrong. We do not say that border control should not look at passports because someone might have left theirs at home, so might miss their flight.

The hon. Gentleman’s argument is, I am afraid, weak. We are improving and strengthening the process. There will of course be scenarios that are unpreventable. We have all seen them before, when someone is unable to vote. One of those scenarios, I repeat, is when someone tries to vote and their vote has been taken by someone else. The Bill will fix that, and the amendment would not help.

Points were made about what happens when people change their names. An elector who has changed their name since their photographic identification was issued will be able to bring additional documentation to polling stations to satisfy the presiding officer that they are on the register. The amendment would lead to the creation of an entirely new concept of a provisional vote that would be new to UK elections. It would therefore not be a straightforward process. That could impact on the result being announced in good time, as I have already said, potentially undermining public confidence in the outcome of the poll—something that we cannot have. We are therefore not persuaded of the merits of the arguments or the proposed changes, and we would be concerned about the potential harm they could do to the successful delivery of elections. I urge the hon. Member for Lancaster and Fleetwood to withdraw the amendment.

[Cat Smith]

I am not entirely reassured by the Minister’s remarks. I know that our Liberal Democrat colleague, the hon. Member for Edinburgh West (Christine Jardine), has a different surname on the electoral roll. The issue of names on documents is a huge problem, particularly for women. It would be good to see an impact assessment, given the Minister’s dual role. I will not press the amendment to a vote, but I ask the Government to look seriously at ways in which we can be more innovative about being inclusive in our actions. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Cat Smith]

I beg to move amendment 48, in schedule 1, page 73, line 14 at end insert—

“(1BA) The presiding officer must ensure that a woman presiding officer or clerk is available to confirm privately the identity of a woman voter if that voter so requests.”

This amendment would give someone choosing to cover their face for religious or cultural reasons the option of removing their face covering in the presence of a woman presiding officer or clerk when confirming their identity.

This amendment would give someone choosing to cover their face for religious or cultural reasons the option of removing their face covering in the presence of a woman polling clerk or presiding officer when confirming their identity. The previous Minister advised colleagues that polling staff will be given appropriate training in the checking of voter ID for individuals who choose to wear face coverings or headscarves. Although the Government have apparently guaranteed the use of privacy screens at polling stations to facilitate private ID checks, many voters will feel uncomfortable about the prospect of having to show their face or hair to a polling clerk of the opposite gender.

In an evidence session we heard from Rob Connelly from Birmingham about how there will be an issue in recruiting polling clerks. He said:

“We will have to start reviewing all our polling stations again to be able to have privacy screens in place”.––[Official Report, Elections Public Bill Committee, 15 September 2021; c. 61, Q96.]

I want to acknowledge the fact that there is a lot of pressure on local authorities. It is essential that no one is disfranchised. We also took evidence from Maurice Mcleod, who said:

“It is all very well saying that photo ID should be used, but if you are not supposed to reveal your face to a man who is not in your immediate family, that is really hard. Even if councils say, ‘We’ll make sure there are women, or people who know what should happen, at the polling station,’ there is still that worry in your head, if you are that woman who is not that confident about whatever, and you need to go out and vote. There is still that concern—‘Will I be treated properly? Do they know…my faith needs?’”

––[Official Report, Elections Public Bill Committee, 16 September 2021; c. 97, Q152.]

Will the Minister confirm that her plans include provisions to ensure that there are staff of both genders all day at each of the 35,000 polling stations across the country to ensure that voters will not be placed in an inappropriate position? How much does she expect that to cost? Does she share my concern that many women will simply choose not to vote if they perceive that they are faced with the risk of having to remove their headscarf or face covering to a stranger, particularly a male stranger?

[Kemi Badenoch]

Amendment 48 would require the presiding officer to ensure that a woman presiding officer or clerk is available to confirm privately the identity of a woman voter if that voter so requests. We cannot agree to the amendment because it would not be appropriate for that level of detail about the staffing of polling stations to be set out in primary legislation. It is for returning officers and electoral administrators to manage the resources that they have for the poll, and there is the concern that introducing such a requirement would severely limit flexibility in the deployment of elections staff, which would make it challenging for returning officers to successfully deliver elections.

Before imposing such requirements and additional burdens on polling staff, it is important to conduct research and engagement with the public to find out if this is something they would find beneficial, or something that would need to be done in all areas. A similar policy of voter identification has been operating in Northern Ireland since 2003, and no such requirement exists there. Certainly, we will look to have this approach as best practice, which may be the more sensible approach, and one that provides more flexibility. I reassure the hon. Member for Lancaster and Fleetwood that initial discussions with electoral administrators have identified a significantly higher presence of female than male staff working in polling stations which, anecdotally, has been my own experience.

We consider it impractical to introduce the strict requirement proposed by the amendment, which could potentially prevent polling stations from being able to operate. I have said previously that we are going to be as inclusive as we reasonably can with this legislation. I am happy to reassure the hon. Lady that polling station staff will be given appropriate training, as she mentioned, and there will be a requirement for privacy screens to be placed in polling stations, allowing for those who wish to have their ID viewed in private. On that basis, the Government cannot support this amendment.

[Cat Smith]

Without this amendment, I fear we risk a postcode lottery, where many women will be very anxious about the prospect of voting without the guarantee of a female poll clerk to verify their identity. For that reason, we would like to have a vote.

Question put, That the amendment be made.

--- Later in debate ---

[Cat Smith]

I completely agree with the hon. Member. His intervention gives me the opportunity to put it on the record that the Welsh Labour Government have also recently extended the franchise to 16 and 17-year-olds and seek to make participation in democracy something that is easy to do yet still secure. On that note, I look forward to hearing the Minister’s responses as to why young people are seeing more barriers put up to their voting than already exist.

[Kemi Badenoch]

The amendment would ensure that further forms of photographic identification would be allowed in order to vote at a polling station. We cannot agree to the amendment, because the forms of identification currently in the Bill were chosen following a detailed assessment of a wide variety of photo identification.

[Cat Smith]

Would the Minister be willing to publish the detailed assessment of why the Oyster card for older travellers who get free travel in London is valid, yet the 18+ Student Oyster card is not?

[Kemi Badenoch]

I can actually answer the question, because I asked it myself; I thought it was an interesting point. The reason is that the requirements when applying for those types of card are different. Getting a 60+ Oyster card is a significantly more stringent process. People need a passport, driving licence or combination of different proofs of age and address to apply for the 60+ Oyster card. People do not have to have that for the 18+ Oyster card, for example. We have gone through and looked at what the basis for stringent checks would be. The point I am making is that we considered the level of security checks required to get each type of identification and the likelihood that someone holding further forms of identification would already hold one of the permitted types of identification. That is why this is the case.

[Brendan O’Hara]

My question is on the specifics. We have been talking about a card that is accepted by the Scottish Government and, indeed, by Police Scotland. Why specifically is the Scottish young person’s national entitlement card not accepted for this purpose?

[Kemi Badenoch]

I am sorry, but I do not know the details of the Scottish entitlement card. Perhaps if I can see the reasons and the application process for that, I might be able to give an example. I have given the basis for how the decisions were made. I cannot comment on various forms of identification used in various places, I am afraid.

The list of identity documents that will be permitted for the purpose of voting at polling stations that is included in the Bill is already broad. That said, it is recognised that available forms of identification will change over time, and that is why the Bill includes provisions to allow the list of acceptable identification to be updated through secondary legislation. For example, there are plans for online provisional driving licences, which will be considered for inclusion if appropriate. We completely understand the need to make sure that as many people as possible are able to get the ID that they need, and we feel that this provision and the free voter card are enough to make sure that voters will have the identification required, so we will not support the amendment.

[Cat Smith]

As the legislation stands, it is disappointing that the Minister has not been able to present convincing evidence on several forms of identity in this group of amendments. I hope that she takes this opportunity to look particularly at the Young Scot card, which is accepted by the Scottish Government, in order to at least present to the Committee the patterns of thinking as to why that was not as secure as, say, the 60+ Oyster card in London, because I think that would be of benefit to the Committee. I hope that the Government will be looking to make the list, while being secure, as inclusive as possible. And I would wish to have some votes, Sir Edward.

Exiting the European Union: Sanctions

Kemi Badenoch Excerpts

Wednesday 19th July 2017 Commons Chamber

[Mrs Kemi Badenoch (Saffron Walden) (Con)]

It is with humility and excitement that I make my maiden speech representing the constituency of Saffron Walden, the jewel of Essex. I am honoured to serve the people of this beautiful constituency and hope I can repay the faith they have placed in me.

I am also burdened by the weight of expectation. You see, Madam Deputy Speaker, Saffron Walden has not had a maiden speech since Rab Butler’s in 1929. He held three of the great offices of state, but I am most proud that, as a Conservative Minister, he introduced the Education Act 1944, which gave every British child a statutory right to free secondary education.

I also pay tribute to my most recent predecessor, the right hon. Sir Alan Haselhurst, who served Saffron Walden with distinction for 40 years. He is well known to many of us here as a former Deputy Speaker and one of the kindest Members to grace this House—the ultimate gentleman. He is much loved in the constituency, and I am forever grateful to him for being a brilliant mentor and helping every day of the campaign, come rain or shine. I am still bowled over whenever I remember that Sir Alan became a Member of Parliament 10 years before I was born. It has been a joy to follow in his footsteps—except when we were out delivering leaflets and I found myself consistently outrun by an 80-year-old man.

Like you, Madam Deputy Speaker, I am proud to be an Essex girl. Saffron Walden is a great place and was judged the best rural place to live by no less than the Daily Mail. After seven years of Conservative-led Government, unemployment is at an all-time low of 0.7%, and 99% of children go to a good or outstanding primary or secondary school. We also boast the UK’s oldest land college in Writtle.

The constituency covers rural Chelmsford and the major settlements of Thaxted, Great Dunmow and the medieval market town of Saffron Walden itself. It was called Saffron Walden because of its large saffron crop. The spice was worth its weight in gold and was used in medicine, in perfume and even as an aphrodisiac. Like the saffron crocus, I am not a native of the great county of Essex—I come from more exotic climes. While I may not have all the attributes of this versatile flower, I hope that I will equally take root in the area, bring prosperity to the local people and add some colour and spice to this Chamber.

Much has changed since then, but more change is needed—change to the rickety network on which mobile phones operate, change to the inadequate broadband service that has left parts of the constituency with little access to the outside world, and change to the railway line that has become synonymous with being late for work. We cannot claim to offer opportunities to rural areas if basic infrastructure is not provided. My constituents are more likely to get to Spain faster than London, because we have Stansted, the country’s fourth-largest airport. It has brought jobs—and noise—and growth to the area on a huge scale, and has cemented my constituency’s position as the epicentre of business, travel and wealth in Essex.

I am often inexplicably confused with a member of the Labour party—I cannot think why. I am a Conservative. To all intents and purposes, I am a first-generation immigrant. I was born in Wimbledon, but I grew up in Nigeria. I chose to make the United Kingdom my home. Growing up in Nigeria I saw real poverty—I experienced it, including living without electricity and doing my homework by candlelight, because the state electricity board could not provide power, and fetching water in heavy, rusty buckets from a borehole a mile away, because the nationalised water company could not get water out of the taps. Unlike many colleagues born since 1980, I was unlucky enough to live under socialist policies. It is not something I would wish on anyone, and it is just one of the reasons why I am a Conservative. I believe that the state should provide social security, but it must also provide a means for people to lift themselves out of poverty.

As a woman of African origin, I also believe that there is a lot that Africa can teach us. Sound money is not just a catchy phrase. The lesson of Zimbabwe is salient for us today. Money cannot be printed and redistribution cannot be successful without first creating wealth. Edmund Burke said that society is a contract between the dead, the living and those yet to be born. I say to colleagues who are wavering on tackling the debt and the deficit, “Hold your nerve.” This is part of that contract that we owe to our descendants. To leave our children carrying the burdens of our debt and excesses is morally wrong.

I believe in free markets and free trade. But there is more to conservatism than economic liberalism—there is respect for the rule of law; personal responsibility; freedom of speech and of association; and opportunity through meritocracy. Those freedoms are being subtly eroded in an era when emotion and feeling are prized above reason and logic. It is those freedoms that I will seek to defend during my time in this House.

There are few countries in the world where you can go in one generation from immigrant to parliamentarian. Michael Howard spoke of the British dream—people choosing this country because of its tolerance and its opportunity. It is a land where a girl from Nigeria can move, aged 16, be accepted as British and have the great honour of representing Saffron Walden.

There are some in this country, and this Chamber, who seek to denigrate the traditions of this Parliament, portraying this House as a bastion of privilege and class, that “reeks of the establishment”, as someone said. It is no coincidence that those who seek to undermine the institutions of this island—Parliament, monarchy, Church and family—also propagate a world view that sees Britain, and the values we hold dear, as a force for bad in the world. Growing up in Nigeria, the view was rather different. The UK was a beacon, a shining light, a promise of a better life.

Often we hear the radical reformer John Bright misquoted as saying that the House of Commons is the mother of all Parliaments. What he actually said was that this country is the mother of all Parliaments. Our political institutions may not always be held in high esteem, but I believe that politics is a mirror held up to society. Yes, it can sometimes be unedifying. Yes, we see human weakness on display. But it also embodies much that is great in our country. When I walk down these corridors and stand in this Chamber, once graced by my heroes, Winston Churchill, Airey Neave and Margaret Thatcher, I am filled with nothing but awe, respect and pride for all that it stands for.

As Woody Allen said about sex, “If it’s not messy, you’re not doing it right.” The same is true of democracy. It is not always predictable; its results are not always elegant; it can throw up results that no one expected—but we adjust. The British Parliament always has adjusted, and that is why it is the oldest in the world: it takes its lead from the British people.

We live in difficult times and face historic challenges. People are rightly concerned about what Brexit will mean for the country, for their jobs and for their families. But I do not believe that winter is coming. I believe that the vote for Brexit was the greatest ever vote of confidence in the project of the United Kingdom: that vision of a global Britain to which the Minister referred. It is a project that, as a young African girl, I dreamed about becoming part of. As a British woman, I now have the great honour of delivering that project for my constituents in the greatest Parliament on earth.