Overseas Electors Bill
Debate between Philip Davies and Gareth SnellFriday 22nd March 2019
(5 years, 1 month ago)
Commons ChamberRead Full debate Overseas Electors Bill 2017-19 View all Overseas Electors Bill 2017-19 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 22 March 2019 - (22 Mar 2019)
Gareth Snell
On pointless interventions, may I say gently to the hon. Gentleman that my hon. Friend the Member for Oldham West and Royton (Jim McMahon) has one of the cheeriest, sunniest dispositions to be found on the Opposition Benches and never would the word “grumpy” apply to him? On the substantive matter, new clause 10 refers repeatedly to applications to vote
“by post or proxy by overseas electors in parliamentary elections.”
The hon. Gentleman will know that the practicalities of the system of overseas electing means that almost all those people will be voting by post and that having an opportunity to vote by proxy if they wish to appoint someone in this country is important. His proposal contains no content about emergency proxy votes to cover circumstances where the individual overseas might be entitled to make a late emergency proxy vote. To my knowledge, that can be done up until polling day itself if they are incapacitated. Has the hon. Gentleman given any thought to where that might fit into his amendments and to where future legislation may fix that problem?
Philip Davies
The hon. Gentleman raises a good point. He spoke earlier about the importance of polling stations and things like that, and I have points to make about them later. Wherever possible, the rules should be the same as they are for people here, so I think he makes a good point and perhaps we should all consider it if we ever manage to get back to it. I have every sympathy for the point he raises.
Philip Davies
I have given up on the hon. Member for Oldham West and Royton; he is certainly not taking my advice on how to get on to his amendment, so I will save him from himself and give way to his hon. Friend.
Gareth Snell
My hon. Friend the Member for Oldham West and Royton is one of the finest parliamentarians that the hon. Gentleman will get to debate with. He should consider giving way to my hon. Friend—after my intervention, of course.
The hon. Gentleman will be aware that is it not currently a crime in the UK to be registered in more than one parliamentary constituency at any given time—it is often the case for students, people who live in two different constituencies, and even Members of Parliament —but they cannot vote in more than one constituency at one time. Is the hon. Gentleman concerned that he might criminalise individuals who could register twice in the UK but not twice in the UK as overseas electors, thereby creating a two-tier registration threshold?
Philip Davies
I understand the hon. Gentleman’s point. Personally, I see a difference, which is that people can quite legitimately register in different places in the UK because they can vote in all those places in a local election. If they are a council tax payer in Yorkshire and a council tax payer in Dorset, they are perfectly free to vote in both, quite properly and legally—there is nothing wrong with that—but they are not allowed to vote twice in a parliamentary election. They can register, but they can only vote once.
Philip Davies
Yes, I agree. My hon. Friend is absolutely right. These are serious offences, and the criminal justice system should see them as such, so I very much share his sentiments.
Philip Davies
I will press on. I did not realise at the start of this morning how difficult it would prove to get through my modest amendments in the first group. I am determined to do so, even if I have to upset the hon. Gentleman.
Philip Davies
The hon. Gentleman makes a good point. When there is a tight contest, it is not beyond the realms of possibility that a result could be delayed until everything has been checked. That is why the suggestion he made in Committee was a good one and one that I wanted to bring back. He is definitely on to something, and I agree with him.
I will gloss over amendments 49 and 50, because they are pretty minor points in the scheme of things.
Philip Davies
I am going to crack on. I do not think anyone could say that I have not been generous in giving way.
Amendments 68 to 70 are linked to other new clauses that we have already discussed. I want to mention amendments 75 and 76. Amendment 76 would delay the coming into force of the extent, commencement and short title provisions by 12 months. I want to raise that because, whatever the merits or otherwise of a general election outside the fixed-term rules, it seems to me that if a general election were to be held sooner rather than later, this Bill coming into force immediately could cause some problems. Amendments 75 and 76 would delay the implementation of the Act for two years, which would give more time to prepare for the next general election, or even the one after, if we have one before the five-year term is up.
We could end up with people who are eligible to vote not being able to because the systems are not in place to cope with the rush. It would be blatantly unfair on qualifying overseas voters if some of their votes counted and some did not, and if some were able to register and some were not. I think that that can happen already, to be honest, but the problem would be made much worse if we extended the franchise and brought the provisions in very quickly. We would almost certainly create a problem.
All in all, I am sorry that we have had such a truncated operation and that my speech has gone on far longer than I anticipated. Obviously I was agitating some Members, and I wanted to accommodate their requests, because in all seriousness, that is how legislation should be debated in this place. We end up with better legislation when we listen to everybody’s point of view. We have heard in interventions today people making some very good points that we should bear in mind and that expose some of the flaws in the amendments I have tabled. That is why it is important that we go through this scrutiny of important pieces of legislation.
I commend my hon. Friend the Member for Montgomeryshire for bringing his Bill this far. I hope that the provisions of the Bill will be introduced at some point, but with the necessary improvements. I urge the Government to listen again to the arguments made in Committee by the hon. Member for City of Chester and the hon. Member for Nottingham North in particular, because if their suggestions had been taken on board, this would have been a much better piece of legislation.
Overseas Electors Bill
Debate between Philip Davies and Gareth Snell
Philip Davies
I am delighted to be scoring more runs with my hon. Friend than I did with my hon. Friend the Member for Harborough (Neil O’Brien), and I welcome his intervention.
Philip Davies
I am accused of many things when discussing private Member’s Bills on a Friday, but I think it best if I stick to one at a time. If we get on to the hon. Lady’s Bill, I am sure we can go through its merits, or otherwise, and I look forward to that. I hope she will forgive me if I resist the temptation to start that debate prematurely. Mr Speaker would probably rule me out of order if I started discussing her Bill in a debate on this one.
Gareth Snell
May I probe the hon. Gentleman on the wording of the new clause? It mentions those who are “going to move”, and those who have moved, which are two different groups of people. I can foresee that measure being included in the annual canvass that every local authority has to make, so that those who are likely to move within the next 12 months are prompted to register as an oversea elector if they are leaving the UK. Those who have already moved, however, are a different group of people, and the local authority might not have information about where they have moved to. What guidance does the hon. Gentleman suggest the Electoral Commission should provide regarding those who have moved? The matter is simple for those who are going to move, but how does he intend to track down those who have already left the country, given that nobody keeps that information?
Philip Davies
Clearly, I have more faith in the amendment tabled by the hon. Member for City of Chester that the hon. Gentleman does. I do not seek to take over the responsibility of people who are more expert in these matters than me. It is not the job of hon. Members to be prescriptive to experts in this field about how they should go about their job—I am happy to leave it to them. The hon. Member for City of Chester can correct me if I am wrong, but I see this as a matter of principle, and not really about the nitty-gritty and practicalities, which I am happy to leave to the experts.
The hon. Member for Stoke-on-Trent Central (Gareth Snell) may or may not be right to say that the new clause will not make a massive difference, but that is not a reason not to include it, because it might help. Indeed, as he acknowledged, the new clause will help with one group of people, and that is an argument for taking a step forward, rather than saying, “Let’s not bother because I don’t know how many people it will benefit or how it will be used”.
Philip Davies
I am certainly not going to give way to the hon. Member for Oldham West and Royton again. I will give the hon. Member for Stoke-on-Trent Central another go.
Gareth Snell
In this country, 17-year-olds can currently register as attainers so that they will be on the register when they turn 18. Is the hon. Gentleman suggesting in the new clause that those who are prompted to become overseas electors will be able to register as such while they are still resident in the United Kingdom and that the registration would only become active if they choose for that to happen? How will he get around the double registration issue if they are already registered as domestic voters?
Philip Davies
I am grateful to the hon. Gentleman. That was a very good and sensible intervention, if I may say so. I do not envisage people registering before they have moved, because something might change and they might not do so. I think that that would be quite improper. The purpose of the new clause is to prompt them to be sure to register as soon as they have moved overseas. However, I thank the hon. Gentleman for his intervention, which I think was very helpful.
Gareth Snell
I thank the hon. Gentleman for giving way again. He is being remarkably generous with his time. I appreciate that we will not debate amendment 50 until later, but it is part of this grouping. In it, he talks about declarants wanting to vote “at a polling station”. New clause 3 talks about assessing ways in which overseas electors could participate in elections. In French presidential elections, overseas electors from France who are in the UK can physically turn up and cast their vote in a ballot box here. Is it his understanding that, as part of the assessment that he wants the Cabinet Office to carry out, it should consider the introduction of physical polling stations in overseas areas for overseas electors?
Philip Davies
The hon. Gentleman raises an interesting point. Obviously I will come on to my amendment 50 when I get to it. I do not really have a particularly strong opinion on whether such polling stations would be useful. It may well be that in areas with a large concentration of overseas voters, that might be more convenient for everybody and it might encourage turnout. I do not have a strong opinion on this, however. I am not necessarily disagreeing with the hon. Gentleman, but I would not want him to take it that I was necessarily agreeing with him either—
Philip Davies
I hope that he will accept that.
New clause 4 is again one of the hon. Member for City of Chester’s greatest hits. He proposed this in Committee, where he made these points:
“It is essential that there is appropriate evaluation and investigation of the effects of passing the Bill on the number of registered electors in each constituency. We must have a clear idea about the sheer volume of people we are enfranchising in order to establish the necessary procedure to register and deal with the inevitable administrative bedlam that will result from the change.”––[Official Report, Overseas Electors Public Bill Committee, 17 October 2018; c. 69.]
I want to cite some of the figures that the hon. Gentleman gave during that debate, because they were very interesting. He said:
“Under the 15-year rule, the number of registered overseas voters in the June 2017 general election reached just over 285,000, surpassing the December 2016 record. The Government have estimated that that is about 20% of eligible expats under the current 15-year limit, giving a potential electorate of around 1.4 million. Indeed, the figure has the potential to increase fivefold with the passing of the Bill. The number of overseas voters registering to vote has risen exponentially over the last 10 years and continues to rise. That can be attributed to the general increase in awareness by overseas voters about voter registration. Until 2015, the number of overseas voters registered to vote had never risen above 35,000.”––[Official Report, Overseas Electors Public Bill Committee, 17 October 2018; c. 70.]
I thought that that difference was quite telling. What made the seismic difference was the EU referendum in June 2016. I mentioned earlier the amount of work that was done in embassies around the world to try to encourage people to register for that referendum.
New clause 4 therefore has merit if we are to deal with the scale of the increase in numbers that we are talking about. I am not saying that I would press it to a vote, but I certainly think that it has merit and requires further consideration today, because the points that the hon. Member for City of Chester made in that debate were striking and something that we should all consider.
Philip Davies
Certainly not. I think the best measure of our ability to represent our constituents is shown at an election by whether or not our electorate wish us to continue to represent them. That is the best scorecard I can think of.
Gareth Snell
The hon. Gentleman is being exceptionally generous with his time. He has touched on the question of how MPs represent overseas electors as being quite important, but does he share my concern that if we have constituencies with an increased number of overseas electors putting burdens and strains on Members’ time, offices and staff, the ability of the Independent Parliamentary Standards Authority to recognise those unique circumstances will be zero and we will spend most of our time battling with IPSA for the resources we need to do our job rather than actually doing it?