Representation of the People Bill (First sitting) Debate
Full Debate: Read Full DebatePaul Holmes
Main Page: Paul Holmes (Conservative - Hamble Valley)Department Debates - View all Paul Holmes's debates with the Ministry of Housing, Communities and Local Government
(1 day, 12 hours ago)
Public Bill CommitteesIn the interests of transparency, I have met various witnesses in other settings in my official capacity as shadow Minister.
The Chair
We now hear oral evidence from the Association of Electoral Administrators, the Society of Local Authority Chief Executives and Senior Managers, and the Local Government Association. As I have said, we must stick to the timings in the programme order that the Committee has agreed. For this session, we have until 10.05 am. As I have indicated, Ms Yule is on her way and will join us as soon as she is here, but we are very pleased that Councillor Bentley and Mr Stanyon have been able to join us at this point. Would you both please introduce yourselves? I will then open the meeting to questions from the Committee.
Councillor Bentley: I am Councillor Kevin Bentley. I am the senior vice-chairman of the Local Government Association.
Peter Stanyon: I am Peter Stanyon, the chief executive of the Association of Electoral Administrators.
Q
My first question is a very broad one for both of you. Have the Government given you enough time to prepare for the changes proposed in the legislation? Secondly, the Government propose bringing in automatic registration. Can you outline some of the challenges or problems that might result from that? Thirdly—to get my questions out of the way—there are proposals to allow, for example, bank cards and non-photographic identification as voter ID at the polling station. As the chief executive of the Association of Electoral Administrators, do you have a concern about that? Do you perceive that the secure ballot process could be harmed as a result of those changes?
Peter Stanyon: I shall take those in order. There is never enough time to introduce significant change, albeit that the very fact we are into the parliamentary process now is really important so we can look towards getting the Act in place. It is clear that, in lots of places, the Bill is setting a framework for what will come, and we are pleased that the officials who we are working with are already working on the secondary legislation to go alongside it. The devil is very much in the detail when it comes to how that will be delivered. Much depends on how we can deliver the policy intent behind the Bill, so that the polling stations and administrators can deliver it in time.
I think that the significant change will be noted. Friction is the wrong word, but there may be some clunkiness in certain areas where we are not quite clear where we are going with the overall detail at this stage. That is being worked up. We would always echo—we are pleased to hear the Government echo it as well—the Gould principle of trying to make any legislative changes six months ahead of any major poll. If we can get that to nine months or 12 months, it will make registration even easier.
We do have some concerns about the timescales around the introduction of voting for 16 and 17-year-olds. Those timescales do not mirror what happened in Scotland and Wales, where, in broadbrush terms, there was a year’s lead-in for 16 and 17-year-olds being able to vote at elections. In this Bill, it becomes almost automatic, and that could mean that the preparatory time for getting everybody on that we want to is not there in quite the same way as it was for Scotland and Wales. We hope that that can be looked at, so we get it in a more measured way and do not miss individuals out simply because of the timetable—although we fully appreciate the reasons why.
On automatic voter registration, we have looked at what happened in the pilots in Wales. There is some learning, but it is a very broad area at this stage. What are the data sources that we are looking at? What is the process to be followed? How does that interrelate with the current individual electoral registration system? A lot of communication will be needed to understand these parts of the principles.
Interestingly, one of the things that came out of the pilots in Wales was the lack of understanding of the need to be involved in the electoral process. It becomes a much wider communication process about, “These are the benefits of doing so.” We cannot solve all problems with the introduction of that sort of system; there are a lot of things needed alongside that. I do not know if Councillor Bentley wants to come in before I come on to the voter ID pilot.
Councillor Bentley: I am happy for you to continue, and then I can answer all three questions.
Q
Peter Stanyon: We have severe reservations about bank cards being added to the available lists. The simple reason is that when voter ID came in in the first place, it set the bar by being very clear that photographic ID is required in polling stations. We are unsure about what can come through, because our understanding at this stage—again, this will become clear as the secondary legislation rolls through—is that it will not be a full name on a bank card. For example, it can be an initial. How can you guarantee that it is the right person before you? If you have a photograph—regardless of whether that is the right or wrong policy—at the end of the day you have something to hang that on going forward.
The other challenge is the range of bank cards that are available. What is a bank card? We all know the major institutions, but there are lots more out there now. That adds a degree of confusion for the staff in polling stations. There could be a tension there, which we see already. Someone might bring in their passport, for example, and the staff do not deem that to be of a satisfactory level. Then they produce a bank card, and it is accepted. There is a counterintuitive nature to that side of things, so we do have significant concerns with regard to that part of the system.
We may be opening up the ID possibilities for 16 and 17-year-olds, but we would much rather see us take more of a digital ID-type approach—for example, by having a digital VAC, or voter authority certificate. Most of the time, I bank using my phone rather than my bank cards. Will it have the effect that we are looking for? We have significant concerns about adding additional confusion, despite the fact that we understand the reasons why the policy was put forward in the first place.
Q
Councillor Bentley: I do agree with that. Of course, bank cards can be cloned and other people can get hold of them. There is no photographic evidence, as we know, and I agree with everything my colleague has just said about that. Another element that we have not considered is: if someone should use a bank card fraudulently to vote, whose fault is that? Let me be clear that there should be no blame whatsoever on polling staff, should that take place. If this goes ahead, that needs to be made very clear.
Anyone can obtain a bank card. You can have “K Bentley”, “Kevin Bentley” or “Kevin Paul Bentley” on those bank cards. For all I know, there may be other Kevin Paul Bentleys—there probably are—and they could use those cards. You have heard why I think that is not a great system. With voter ID, you need photographic evidence to be able to prove someone’s identity, and people can register via their local authorities.
May I tackle some of the other questions as well? I think you have heard a very good answer about there being enough time. There is a cost element to it as well, and, being from the LGA, you would expect me to say that any extra burden put on local government should be funded properly. We require extra staff to be able to do that, and the extra responsibility for 16-year-olds adds extra pressure to staff—that is not a comment on whether 16-year-olds should vote, but staff would need to be brought in to do that above and beyond their normal duties to run elections, so it needs to be thought about.
On automatic registration, all I would say, and this is just an observation, is that in this country we have the right not to vote, and therefore we need to be very careful about people being put on there automatically. I think that needs to be tested with the public more; we need the public’s opinion on whether they want to be registered automatically. That is a comment, rather than me saying whether we are for or against it, but we need to ask the public what they think about it further.
Q
“bank cards that are issued subject to a search of a consumer’s credit file conducted in the way set out in the amendment”
could be used as voter ID, as we do with loans and the like. We understand that it is not a brilliant amendment, because we do not believe that that part of the legislation should be included at all, but do you think that having a bank card with a hard credit check would make any difference to the process, or—this is probably for you, Mr Stanyon—would it be better if that was not included in the legislation?
Peter Stanyon: I think the latter in terms of the uncertainty. The difficulty in putting that in place is that the individuals dealing with this at the polling stations are effectively volunteers. We already have a list of 23 versions of voter ID available, and it is quite a complicated process. Ultimately, if a bank card is presented and it is to the standard that the staff have been trained to receive, they will accept it, so the hard credit check thing will be more for the central control of the election than it would be for the staff at the station.
Councillor Bentley: I agree. I think that it is difficult to have that included, but I would re-emphasise that if it is, you must be very clear that it is not local government staff who will be at fault if someone commits an offence.
Q
Peter Stanyon: The first thing to say is that, as an association, we are pleased that the vast majority of the Bill echoes what we put in our blueprint following the last general election; there were lots of issues with the actual mechanics of the election. There are the more high-profile things such as votes at 16 or automatic registration, but if you ask an administrator, we are more concerned about the mechanics of delivering the election.
It is accepted that the timetable will not extend beyond 25 days, and there are lots of reasons for that. However, we feel that the moves to alter the deadlines for nominations to be received and to move the deadline for the receipt of postal vote applications go a long way to providing that wiggle room within the elections timetable. That will allow administrators to work with their suppliers to get postal votes out and to ensure that there are no issues on that side of the process.
There are lots of things in the Bill regarding the status of the returning officer in the local authority, and we echo the view that it should be a senior officer of the local authority. How that will be policed is another matter, but it gives the local authority the ability to assist the returning officer, because they will have that punching power within the local authority itself.
There are also lots of things about the postal vote replacements that were learned at the last general election. We are very reliant on third parties; once a postal vote leaves the control of the returning officer, Royal Mail will do all it can to deliver that, but there will be breakdowns in the system. The fact that the Bill gives the ability to put the elector back first in those situations is really important, because it is not their fault if they have not been able to receive a postal vote.
There are lots of really good bits in the Bill. The only areas where we have concerns relate to things I have mentioned already: bank cards, some things around the nominations process and the identity checks being proposed, and the lead-in time for the 16 and 17-year-olds. Those are the three big areas that we have concerns about. The rest of it makes absolute sense in terms of the mechanics of delivering the election and should address some of the issues that were quite high profile at the last general election.
Councillor Bentley: Anything that encourages people and makes voting easier has to be welcomed. That is very important.
I will pull out two things in addition to what my colleague said. One thing that we are learning about now —it has started to happen for the first time—is re-registering for a postal vote. That needs to be much better co-ordinated and to have much better communications. We are seeing already people who have not re-registered because they did not realise that they needed to. It depends on the local authority and how and when they communicate, but more of a national campaign would be helpful in all that.
The other piece is around harassment during elections. It is a specific part of the Bill, but I think it is very important. While freedom of speech is very important in our country, freedom to harass certainly is not. That needs to be emphasised to people. What is being proposed is right, but we need to emphasise that more. People should be encouraged to stand for public, elected office, but we hear anecdotally that many are put off by the harassment they receive on social media and so on. Freedom of speech is very important; freedom to harass certainly is not. I would like to really see that emphasised within the Bill. [Interruption.]
The Chair
Mr Holmes, did you want to ask Ms Yule anything? I will then come to Ms Smart.
Q
Welcome, Ms Yule. The other witnesses would argue that the Government’s intention is to make voting easier and extend the franchise. I put to you the question I asked them earlier: do you consider that local authorities and chief executives have been consulted enough at this stage—notwithstanding the fact that the Bill has to go through its passage—about the proposals in the legislation? Are there burdens that you are not quite sure you can meet yet on behalf of your members?
Emily Yule: On behalf of Solace, I have been involved in lots of conversations around the development of the strategy and the Bill. We have really appreciated that collaboration and that ability to influence the design of the provisions. I always say that the devil is in the detail, so implementation is going to be really important. Chief executives, returning officers and electoral registration officers need to have a clear understanding of the timelines for implementation and the guidance, so that we can ensure consistent application of those new provisions.
In my view, consistency is what builds credibility and trust in the democratic process. At the moment, I do not think that there is huge concern among the sector that any of the items are undeliverable, but we would, of course, always ask for resourcing to be considered and any new burdens funded to put those implementation plans in place.
Lisa Smart
Q
I have two strands of questioning; one is around timing. The Bill proposes some changes around postal votes and bringing forward the dates for postal votes. We have seen too many people miss out on their opportunity to vote because of some of the issues relating to Royal Mail that you talked about, Mr Stanyon. That is particularly acute with those living overseas for a time, whether they are serving in the armed forces or otherwise.
We all welcome the bringing forward of the dates, but can you say a little more about how many of those issues will be addressed by changing the dates for postal votes? Are there other measures—for example, allowing people to print their own ballot papers or to submit their vote at overseas embassies or consulates—that you would see as useful in enabling more people to vote?
Peter Stanyon: In terms of the practicalities of the proposed time changes, the best evidence I can give is from the last general election—the parliamentary election a couple of years ago—when you saw significant spikes in applications towards the end of the period. The date is currently 11 working days before the poll; it is proposed to move that to 14. That has meant that there is a big pinch point—not just for the electoral registration officer, who has to process the applications, but because the Elections Act has brought in additional identity checks that now need to be done for postal voters.
Currently, there is almost a perfect storm 12 and 11 days before the election with registration applications and applications for postal votes. Moving that deadline slightly further back allows the same work to be done—checking identities and physically getting the data to the printers—so that the packs can be produced and got out three days earlier than they can now. That will not go every step of the way to solving the overseas issue, because you are still talking about 12 or 11 days for ballots to go out and back; you are relying not just on Royal Mail but on overseas postal services as well. To answer the first question, this is a positive step, but it must be seen in that light—it is moving in the right direction, but it will not solve every issue that has been identified.
As far as overseas electors are concerned, this has been an age-old issue. I was thinking the other day that I have been in the industry for over 40 years—that is scary—and I have seen significant change in that time. Overseas electors have always been an issue because you are physically getting the ballot paper to them and back. It is an area that can be investigated, but we need to be careful about it. Could you have things such as printing your own ballot papers? Could you have an overseas electors constituency, which would make things slightly different? Could you have online voting, for example? I am not proposing any of those. It is an area that needs to be really thought through: what is beneficial to the elector or the voter, but also what is suitable for the system we are trying to maintain?
At the moment, the system is very paper-based and secure, but we already know it has those issues. This is not a new thing; it is just that there are far more postal voters than there used to be. The issue has been here for the whole of my career.
Councillor Bentley: All I would add to that is timetabling and making sure there is enough time for local authorities to do the printing. I am reminded that the cancellation of a whole slew of elections was proposed and then suddenly they were not, and everyone is on catch-up to make sure it all happens. They will do it, because we have brilliant staff in local government, but it is not always about them—it is about the suppliers for the printing, the paper and all the rest of it.
Provided that time is built in to make that happen, then this is a good thing. Anything that makes it easier for people to vote and participate in elections has to be a good thing. Postal voting is increasing, but we must build in the correct timetable so that authorities can get the printing done.
The Chair
We will now hear oral evidence from the Electoral Commission. Again, we must stick to the timings in the sittings motion that the Committee has agreed. For this session, we have until 10.25 am. If anyone wants to ask our witness a question, it would be helpful if they indicated that early, because then I am more likely to be able to come to you and keep things moving. Could the witness identify himself for the Committee?
Vijay Rangarajan: Thank you, Chair. I am Vijay Rangarajan, chief executive of the Electoral Commission.
Q
What is your view, as far as you are able to give it, on the fact that the Government have gone forward with landmark and quite detailed legislation, but at the same time have asked Philip Rycroft to conduct a review of campaign finance and foreign interference, which bears no resemblance to what the Government are proposing during this legislative process? Have you made representations to the Government that this legislation should be paused until we have the conclusions of Dr Rycroft’s review?
Vijay Rangarajan: Thank you for the question. No, we do not think the legislation should be paused, partly because of the timing issues that you covered with the previous witnesses. Unless this legislation goes through fairly swiftly, there is little chance of the crucial changes it makes being in place in time for the next general election or beyond.
There are a number of really quite urgent changes, particularly in the political finance area. We have been making recommendations since, I think, 2013 to tighten up on unincorporated associations, for example, and to look at the company donation provisions and at “know your donor” checks. We really welcome the fact that they are in the Bill, and we would like to go further in some areas. However, for those provisions to be in place—this is probably the tightest of the timing issues for the Bill—there will need to be the primary legislation, then secondary legislation, then guidance and then, crucially, quite a period of training and guidance for parties themselves so that they are able to get their systems in place and implement this in the financial year of a general election. That is a lot of steps to go through, so we would like to see this done fairly soon to alleviate, quite rightly, what the AEA and others just said on timing.
We also really welcome the Rycroft review. It looks as if it is going further than just finance. It may make changes; I think the Government have said that they will take that on board in the Bill. It is very helpful to have a look at the broader issues of foreign interference—for example, through online media and many other areas than just money. We see a whole range of threats, which the Committee may want to get into further.
Q
Could you give us your thoughts, if you have any, on the idea of a digital repository and whether there would be a role for the Electoral Commission, as the regulator, in ensuring that that information is passed on and the provisions are enforced?
Vijay Rangarajan: I think that the digital imprints parts of the Bill are very helpful indeed. We would also like to add the party—saying on the digital imprint which party had actually financed that area.
The transparency of the digital imprints regime has really helped. We run an imprints portal, and we had a lot of references to it, all of which were sorted out at the time. That was mostly small parties or candidates who just had not followed the guidance and not done what was required. I know that that comes as a real annoyance for other candidates and larger parties as well, but fast action through the imprints portal was actually more effective than a longer-running investigation or using criminal sanctions.
We also think that having some kind of a repository, for both imprints and a lot of wider digital material—for example, political advertising—is a real help for voters to see what is being said across the political spectrum. We are seeing a segmentation of elements of the political debate into closed online groups, and that can be quite corrosive of trust.
You will have noticed some scepticism from the previous panel—I do not think it is ungenerous to say that—about the proposals for using bank cards as a form of identification. In your role, do you have concerns about the Government’s proposals to water down photo voter ID?
Vijay Rangarajan: We are also concerned about the bank cards proposal; that is largely for the administrative reasons the previous witnesses set out, so I will not repeat those. We do see growing public support for voter ID—73% of the British public are now in favour of it, up from 65% in 2024—and the way we have implemented it has broadly worked. About 0.1% of people in Great Britain were unable to vote, because of voter ID, and it definitely put off some voters, so there is a slight cost to this. However, in Northern Ireland, after 25 years of voter ID, it has become part of the fabric of how people vote.
Rather than continually changing the system, it would be helpful to allow a broad range of voter IDs—which should probably stay with the existing security standard to maintain public trust—and give some stability to the system. In time, people will get used to it; we are already well above 90% of people knowing that they have to bring voter ID. Again, before this May’s elections, and before every election, we will run, in areas where voter ID is needed, a campaign to remind people to bring voter ID.
Q
Vijay Rangarajan: Thank you, Minister. Broadly, we very much welcome the Bill. If I might go into a little detail about which areas, it picks up some of the crucial changes after the 2024 general election. For example, the change from 11 days to 14 days on postal voting will make a real difference, particularly in Scotland. We saw real issues about that in our post-poll report; I will not run through all of those, but the changes in the strategic review part are very important.
As I said, we very much welcome the changes on campaign finance. We would like to see that go further in the company donations area; our proposal is to use profit, not turnover, as the metric for what a company should be able to donate, and it should be able to donate that profit only once every year.
We strongly welcome the provisions on automatic voter registration, because up to 8 million eligible British voters are not on the register. That is even more important with the other part of the Bill—votes at 16—coming in. Being able to add attainers at 14 and 15, and then letting 16 and 17-year-olds be on the register, will remove a very clear barrier. Last week, we had “Welcome to Your Vote Week”, and that issue was raised quite broadly by youth organisations as yet another barrier for 16-year-olds. We also strongly welcome the elements on candidate safety, and they should all help.
Overall, it is a very strong welcome: the Bill is necessary, and it picks up some long-standing recommendations, as I have said. We also warmly welcome the Secretary of State’s commitment to repeal the SPS—the strategy and policy statement—for exactly the reasons you have mentioned. The Bill will never completely fix everything. I think this will be the 27th Representation of the People Act, so there is a never-ending process of trying to keep this going. A lot of work needs to be done outside the Bill—for example, with the police or on social media—but it will distinctly help with many of the processes involved.
The Chair
Q
Dr Garland: Good morning. I am Jess Garland, director of policy and research at the Electoral Reform Society.
Q
Dr Garland, you identified in your evidence that you are in favour of relaxing voter ID from requiring photographic identification, and you cited a Cabinet Office report, “Securing the ballot”, which suggested including bank cards, signatures and date of birth checks. Could you elaborate on what, in your opinion, date of birth checks would look like for a person volunteering at a polling station? Could you explain to the Committee why you do not think that going from photographic ID to bank cards would relax security around someone being able to vote?
Dr Garland: Taking that first question, I think it is important that we go back to the origins of the policy. The report said clearly that we need to have something that is proportionate, which is where I think we need to start. What is the problem that we are trying to solve? I worry that we have moved very quickly to a very, very tight scheme that does not give voters other options. For instance, none of the currently accepted IDs are the sort of thing that people ordinarily carry, except for the over-60s bus pass. Most people are not carrying their passport around, so we have this problem of disenfranchising not just those who do not have access to those IDs, but also people who might have forgotten them on the day. That is why I think the suggestion of including bank cards has a lot of value, and digital ID is the same—the sort of thing you might have on your phone, as we heard earlier.
Under the scheme, we do not have any option for people in the polling station, which sets the current policy even further away from some of the strictest voter ID schemes around the world. We have a very strict scheme with very few options for voters, yet we see in the evidence that it has not really made any difference to claims of personation, which remain the same as before the scheme was introduced, and it is inconclusive as to whether it has enabled people to identify personation happening. I worry that we have walked into a position where the cure is something of a curse. We have seen many more people disenfranchised by the limitations of the scheme than have ever had their vote stolen through personation. You used the word “relaxing”, and I think it is rebalancing—it is bringing it back into proportion with the risk of personation that might exist.
Q
Dr Garland: I think we would need to know what exactly is happening. We have to be very clear on what we think the problem is in the first place, and of course we know where personation has been a problem. In Northern Ireland, for instance, many, many people were turning up to find that someone else had cast their vote. We do not have that evidence base across the whole UK.
There is no evidence in the first place of widespread personation, so we need to think about the impact of the scheme, and that impact has been at least 42,000 people losing their vote. I urge people to think about what it must feel like for a voter who has turned up to cast their vote in our democracy and been turned away, despite being eligible to vote. I think that is incredibly damaging for our democracy, and I urge the Committee to think about the wider picture on voter ID.
Q
Dr Garland: Three sets of elections have used voter ID. If we add up the voters who were turned away and failed to return with ID across the three sets of elections where we had voter ID—that includes two local and one general election—that is where the 42,000 comes from. It is Electoral Commission data on people who have got to the polling station and been registered, but then registered as not returning. Another percentage of voters just did not turn out in the first place, because of voter ID.
Q
Dr Garland: No. It was 16,000 at the general election—although I would say that even one voter is one too many.
I agree, but that is 0.1% of the total electorate. Briefly, Chair, may I ask about bank cards?
Q
Dr Garland: I go back to my point about needing something that people carry on them, which has their name on it and provides the base level of knowing who that person is, as the policy initially set out. We could achieve that in a number of ways. In the voter ID pilots poll cards were used, and those pilots with poll cards as an option saw the fewest number of people turned away, so we know that those more accessible forms of ID are going to be better for the scheme altogether.
For most people, however, bank cards have really good coverage. We also have to think about what newly enfranchised 16 and 17-year-olds will be able to access. That is part of the whole question of what we should be looking at—what will cause the least damage when it comes to people turning up to vote?
Q
Dr Garland: Many of the changes feel to me that they have been a long time coming: we heard from the Electoral Commission, which made a lot of these recommendations, about tightening political finance many years ago. There have been the large gaps in the completeness of our electoral register since at least 2011, and the Electoral Commission’s feasibility study was back in 2019. A lot of the changes are therefore catching up, rather than keeping pace.
One area where it is challenging to keep pace is in the digital sphere and online campaigning, but also in political finance. The Bill currently does not address cryptocurrency, which is a fast-changing area, so there are certainly areas where it is difficult to keep pace. “Keeping pace” is an important way to think about it, because of course in a democracy, unless we are moving forwards, we are necessarily sliding backwards. That is a challenge. We have to keep changing in order to protect what we have.
The one area that has changed the most in the past two years has been the electoral landscape. We are seeing things that we have never seen before—massive party system fragmentation and huge amounts of voter volatility—and that is having an effect on the operation of our electoral system. I appreciate that that is not covered in the Bill, but that does feel like one area where the Bill might find itself a bit out of step with what is happening in the wider electoral landscape.
The Chair
Before I call Mr Holmes, it would be helpful if everyone asking questions indicated whether the question is for all the witnesses or an individual witness.
Q
My second question is a general question on votes at 16. The Government made a manifesto commitment to reduce the voting age to 16. Can our Scottish colleagues give an overview of the experience of advertising that and making sure to get maximum efficiency and registration before the first crucial elections at 16? What advice would you give the UK Government to make sure we get maximum registration and participation from a section of voters that has not had the vote for many years in England? Malcolm and Robert, maybe you can divide that question between you.
Karen Jones: Thank you very much for the question. As you say, we have had four pilots of automatic voter registration in Wales. Very recently—in December—the Electoral Commission produced a report setting out the evaluation of those four pilots. The main conclusion was that automatic registration should be rolled out in Wales; it added somewhere in the region of 14,500 names to the register, so it had a significant impact on its completeness. However, the report made some recommendations to the Welsh Government to consider before wider roll-out. A lot of those relate to making sure administrators have the time and resources to put the systems in place to support the new arrangements—for example, ensuring adequate data-matching expertise in councils to meet the task. There were also lessons around the optimal timings to undertake the various duties.
In terms of the proposals in this Bill, our major concern is the implementation timetable. If we had two different timetables for rolling in the AVR arrangements, that would place a great deal of burden on electoral teams. We would need to give that careful consideration, as well as ensuring that we do not introduce voter confusion, particularly if there were any differences in the franchises.
There are a number of things around the introduction of the UK Government’s proposals on AVR, set alongside what the Welsh Government intend to do, that we need to consider from an implementation point of view. I am sure this will be a theme throughout this evidence session, but we would welcome more alignment in policy terms between the UK Government and the devolved elections, because that makes it easier for voters and simpler for administrators, and probably also reduces the cost to the public purse. You will understand that I am not commenting on the policy position, but from the perspective of what is involved in implementing these changes.
Q
Karen Jones: Just to confirm, in the evaluation report I referred to—and I will send the details to the Clerk of the Committee after this evidence session, if you do not have that to hand—the addition of names to the register did not impact accuracy. Very few people chose to take their names off the register, so there was support from the general public for the exercise.
Q
Karen Jones: That is right. It is a small number, but as I say, the evaluation report sets out a lot of the detail.
Q
Malcolm Burr: Yes, happy to do that. We have had a successful experience in Scotland over many years of implementing voting for 16 and 17-year-olds and of course that means implementing voting preparation for 14 and 15-year-olds. I will let my colleague Mr Nicol speak to the practicalities of that.
I am very pleased to see the proposal in the Bill, as an electoral administrator, that there would be automatic additions to the UK parliamentary register of those already registered to vote. Consistency is always welcome, as is alignment at an administrative level. It helps the voter, the administrator and the process.
Your question also focused on engagement with young people, and I think that has been generally very successful. Across Scotland, there is Welcome to Your Vote Week activity in schools—in early March, for obvious reasons. That is universal. It is well received. It is updated to take account of feedback as well as changes. The independence referendum in 2014 saw a high level of voting across all age groups, and such academic research as there is shows that young people who have voted at the ages of 16 and 17 are highly likely to continue their participation in the future. All those are important points for consideration. It certainly has not caused significant issues. There are practical issues that we have to look at, of course. With voter ID for UK elections, we have to make sure that there is appropriate ID for young people of that age. There are also issues of data protection, but I will let my colleague, Mr Nicol, speak about those.
Mr Nicol, do you want to say anything?
Robert Nicol: Thank you. Malcolm covered an awful lot of what I had noted down, but you say, “How do we ensure that it becomes successful?” This is not a measure that I would necessarily recommend, but having a high-profile electoral event shortly after you introduce it— as happened with the young persons register in Scotland in 2013 and ’14 coinciding with the independence referendum—certainly embeds it in the minds of the population.
In terms of the practicalities—this cross-cuts a wee bit into automatic registration as well—we need to be aware that how data is held in different parts of the country can vary. I hate calling it data, because it is about individuals—individual electors and so on. For example, education data is held by local authorities in Scotland, so we utilise education lists from local authorities and from private schools to invite electors, young people, directly to register. That is from the age of 14 upwards. I think that it is also a welcome aspect of the Bill that there is clarity about it being from age 14 onwards, rather than the quite convoluted definition that was previously in place for 18-year-olds.
Clarity of messaging is really important. Malcolm rightly said that there is Welcome to Your Vote Week. There are also various outreach things. A number of years ago, when I was a lot younger, I went into schools myself and helped to try to enthuse young electors to get registered and suchlike. Various participation activities happen. I know that some people might think that this is a prime area for automatic registration, but I wonder whether an elector’s first experience of registering to vote being something that is done “to” them is necessarily the positive way to look forward.
Hopefully that explanation has helped a wee bit, inasmuch as we do try to engage with young people. One other really important thing, which I think Malcolm touched on, is that this is not just about getting people registered; it is about ensuring that they are enabled to exercise their vote. That relates to things like voter ID at polling stations, but also the ID checks that happen for postal votes. Making sure that that is appropriate for this age group as well and how it is administered will be important parts of this as we go forward.
Q
Karen Jones: Thank you for the question, and thank you again, Minister, for the opportunity to contribute to the early stages of this Bill. We are really pleased to see a number of the long-standing proposals from administrators to make life a lot easier for voters and also administrators reflected in the Bill. We are very much supportive of that.
In terms of alignment, the devil will be in the detail, as we look at the rules for implementing the policies that the Bill contains. As I was saying about automatic voter registration, it will come down to the franchise and the timing elements. It may well be that we have to live with some disruption in the short term while we pursue greater alignment in the medium to long term. I think it is a step in the right direction, but more work will need to be done as we look at the detail of the Bill’s implementation.
Similarly, if there is a UK-wide approach to votes at 16 and 17, it will make it easier to engage with young people. We have found with votes at 16 and 17 in Senedd elections that, because we have years in between when young people are not casting their vote, the engagement can be a bit stop-start. But a consistent policy across the UK will make it much easier for us to work collectively to make sure that young people and others are educated as to why they need to participate in the democratic process and understand how to go about exercising the franchise they have been given.
Malcolm Burr: I do not have a lot to add, but alignment should be there unless there is a good policy reason for it not being there. Policy divergence is inherent in devolution—that is what devolution is about: there can be different policy choices in different areas—but administrative divergence should be avoided wherever possible.
This is the occasion to mention the Law Commission’s welcome recommendation that there should be a consolidation of electoral law as far as possible, because it is a highly complex set of legislation and regulation, and it is more than time for a consistent legislative framework governing all elections, recognising the policy divergences across the various nations. Unnecessary divergence leads to confusion for voters, as well as inconvenience to electoral staff, so alignment should be a very clear aim, except where there is a good principle or policy reason for not aligning.
Robert Nicol: Administrators can and do make difficult things work in the background. We absolutely recognise each Parliament’s right to legislate as it sees fit. The difficulty we have is when electors are asked to do something different for what they perceive to be the same thing. If an elector wants to register to vote, for example, and we say to them, “It’s okay, I’ve automatically registered you for this register, but you need to fill in that other form,” that not only makes me look daft as an electoral registration officer but causes confusion for the elector and does not help with overall confidence in the system. We have seen that recently with the postal vote divergence that happened, which has proven difficult and probably costly to stitch back together.
The Bill will enable people to register at 14. That does not align with Wales, but it aligns with Scotland, which is very welcome. There are other areas that are very welcome, but the Bill also has the potential to create different kinds of divergence if it is not implemented carefully. Administrators will do what they need to do, but think very, very carefully when asking an elector to do something different for what they perceive to be the same thing.