Representation of the People Bill (First sitting) Debate
Full Debate: Read Full DebateSamantha Dixon
Main Page: Samantha Dixon (Labour - Chester North and Neston)Department Debates - View all Samantha Dixon's debates with the Ministry of Housing, Communities and Local Government
(1 day, 12 hours ago)
Public Bill CommitteesQ
“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
Q
Emily Yule: Yes. Thank you, and apologies; transport got the better of me this morning. I am Emily Yule and I am representing Solace, which is a membership organisation representing returning officers and senior officers within local authorities.
Q
Emily Yule: There are a number of things that we are really pleased to see within the Bill, particularly the extension of protections around abuse and intimidation to returning officers and their staff. That is an increasing area of concern; we are having more and more reports of that kind of behaviour at quite significant levels.
The Chair
Mr Holmes, did you want to ask Ms Yule anything? I will then come to Ms Smart.
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.
Lisa Smart
Q
The Electoral Commission’s press release in response to the publication of the Bill said—I cannot remember the exact phrasing—that the Bill was welcome but that it did not go quite far enough, and that the commission would like to see more measures to tackle issues with where we are in our democracy. Trust in politics is at a very low level, and trust in our democracy is an important element in our democracy remaining legitimate and in our having the trust and faith of the electorate. What more would you like to see the Bill do to rebuild trust in politics?
Vijay Rangarajan: There are a couple of areas where we would like to see further work. I have already mentioned company donations—that is crucial. To be clear, our polling shows that while trust in politics in general is quite low, trust in the electoral system is very high, as two of your previous witnesses said. That is important.
We would like the “know your donor” provisions to be strengthened. At the moment, to pass them, a political party accepting a donation would need to produce a risk assessment, but it would be good if that had to be public, sent to us or used in such a way that others could judge whether there was a reasonable risk of a party accepting impermissible donations. We know that that is one of the areas the public have least faith in: somewhere between 14% and 17% of the public think the political finance system works for them.
The second area is automatic registration, where it is less about the change in the Bill and more about implementing it before the next general election. Most countries have systems like this, and they work well. We know the data sources quite well. We recently evaluated four pilots in Welsh local authorities, and showed that they were very successful at boosting not only the completeness of the register but, crucially, the accuracy. There is not a tension between completeness and accuracy when you are using good data sources. We can now do that.
Another area to flag is overseas voters, which I think your previous witnesses mentioned. In many cases around the world, we think they have a hard deal in actually being able to vote. We would like to see further work to help them.
Finally, if the Committee does not mind, I will just ride my hobby horse. This will be the 27th Representation of the People Act, and some consolidation and simplification of electoral law is necessary, not least for electoral administrators, parties and candidates. We would very much like to see a broad-ranging, cross-party and Government commitment to do some consolidation over the next few years.
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.
Lisa Smart
Q
In page 7 of your written evidence, Dr Garland, you talk about new clause 1, tabled in my name, on the voting system. That is something that affects a number of people, in the context of the changing landscape that you just laid out. We had the most disproportionate election ever in 2024, with a party that got a third of the votes getting two thirds of the seats and pretty much 100% of the power. Will you say a little more and expand on the comments you made about why a voting system change would better reflect the situation in which we find ourselves in 2026 and beyond?
Dr Garland: It comes down to the fact that first past the post, as a voting system, is designed for a two-party system. We have moved hugely towards a multi-party system, particularly in the last two years. In that circumstance, when you have many parties in contention, you end up with representatives elected on less than 30% of the vote. Whether you see that as acceptable or not, that is not what a majoritarian system is supposed to do, and it makes it incredibly confusing for voters.
If we think to the next general election, people will find it very difficult to know how to make their vote effect the outcome that they want. When you are in a multi-party system, but you are using a two-party voting system, you end up with very chaotic and unpredictable results. That is very bad for voters. We might also see Parliaments that really do not reflect how voters have voted, and that could do a huge amount of damage to trust in democracy, which is already on a life support machine.
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.
Lisa Smart
Q
Malcolm Burr: That is a big question because we have so many different voting systems in Scotland. We have single transferable vote for local government elections, the mixed system for the Scottish Parliament—the regional lists and constituency MSPs—and, of course, we have the traditional Westminster one Member, one constituency system. I would probably be verging into policy matters if I commented on the various merits of those systems. Suffice it to say, voter confusion—if there has been any—has lessened over the years. That is because there is a great deal more material—mostly from the Electoral Commission but also from returning officers directly—about how to vote and how the system works. Voter education is particularly important when you have divergent systems.
As an electoral administrator, I always look to rejected papers as a good guide to confusion. Those have remained consistent in some areas, but not in others—I am thinking of the local government elections, which use a numerical voting system, obviously, as it is single transferable vote. Despite all the guidance, there are still a significant number of rejections of papers of that are marked with more than one cross: the message that you are voting for up to three or four candidates but that you must do so numerically has not gotten through. It is less so for the other systems. From our perspective, it is about voter education in advance of the election, during the electoral period, and particularly at polling places. That is the place. A good presiding officer makes all the difference by saying, “Are you clear on how you cast your vote competently in this election?”
The Chair
Mr Burr, I think the Minister wants to say something in response to your response to the previous question.
I had the privilege of attending the interministerial Government meeting late last year, and we had a presentation from the University of Glasgow about the effect of voting on the 16-year-olds who first voted in the referendum in 2014. Interestingly, the evidence shows that, compared with previous cohorts, they continued to vote in greater numbers. That evidence was presented at that conference.