Representation of the People Bill (Third sitting)

Samantha Dixon Excerpts

Tuesday 24th March 2026 Public Bill Committees

[The Chair]

With this it will be convenient to discuss amendment 33, in clause 80, page 100, line 15, at end insert—

“(1A) Part 1 does not come into force until the Secretary of State has laid a report before both Houses of Parliament that reviews why the age at which it would become legal to vote in parliamentary general elections should differ from the following—

(a) the age of majority in the Family Law Act 1969;

(b) any minimum ages specified in law which the Secretary of State considers appropriate to review.”

This amendment would prevent Part 1 of the Act coming into force until the Secretary of State had undertaken a review of the consistency of the age of majority with the age of voting set out in this Act.

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Samantha Dixon)]

It is a pleasure to serve under your chairship, Dr Allin-Khan. I look forward to discussing the finer details of this important Bill with members of the Committee.

Clause 1 extends the right to vote to 16 and 17-year-olds for UK parliamentary elections, Northern Ireland Assembly elections, local elections in England and Northern Ireland, local referenda in England, and police and crime commissioner elections, as well as ward elections in the City of London. The Government committed in their manifesto to increasing young people’s engagement in our vibrant democracy by giving 16 and 17-year-olds the right to vote in all UK elections. That will enable young people in England and Northern Ireland to join their peers in Scotland and Wales, who can already vote in local and devolved elections. The change is aligned with the aim that the Government set out in the national youth strategy to ensure that young people are “seen and heard”, and will build the foundations for people’s lifelong participation in our electoral processes.

Furthermore, the Government’s view is that once 16 and 17-year-olds are enfranchised, they should have the same rights and responsibilities as all other electors. For that reason, the clause also ensures that 16 and 17-year-olds are able to sign recall petitions, as all other electors are permitted to do. The clause will support the Government in our work to deliver on our commitments to young people, meaning that approximately 1.7 million eligible 16 and 17-year-olds will have a say in all UK elections for the very first time.

Amendment 33, which was tabled by the Opposition, would oblige the Secretary of State to publish a report on why the voting age for UK parliamentary elections should differ from the age of majority set out in the Family Law Reform Act 1969, which provided that

“a person shall attain full age on attaining the age of eighteen”.

Under the amendment, the report would also be required to include comparisons with other age limits that the Secretary of State deems appropriate, and would have to be published before voting rights could be extended to 16 and 17-year-olds.

The important question is not about what else a person can or cannot do at age 16, but whether 16 is the right age at which to be able to vote. This Government are clear that the answer is yes: 16 is the right age for a person to be able to exercise their democratic right. Extending the right to vote to 16 and 17-year-olds will allow them to have a say in the Government who shape their future, and will set them up for lifelong engagement in our democracy. Sixteen and 17-year-olds have views, which deserve to be represented, and engaging voters at a younger age will build the foundations for a lifetime of participation in our electoral processes.

Making decisions about the electoral franchise on the basis of comparisons to legislation made nearly 70 years ago is not, in the Government’s view, the way to build a democratic system fit for 2026 and beyond. The amendment would simply delay the delivery of a manifesto commitment that, given the response to the Opposition’s reasoned amendment on Second Reading, has already been shown to have the overwhelming support of the House. Accordingly, I ask the Opposition to withdraw their amendment.

[Paul Holmes (Hamble Valley) (Con)]

It is a pleasure to serve under your chairmanship, Dr Allin-Khan. Good morning to you and to members of the Committee. I am pleased to see the Minister in her place, although I am slightly surprised that she has asked me to withdraw my amendment; I have not yet talked about why it is so brilliant. I hope that she will reconsider and look at the amendment again, although I doubt it.

Amendment 33 is in my name. At the heart of the issue lies a simple question about clause 1: when do we consider somebody to be an adult? In the United Kingdom, the answer has long been clear—at 18. That is the age at which full citizenship rights and responsibilities are granted. Voting—one of the most significant civic duties in a democracy—should remain tied to that threshold. Those who argue for lowering the voting age to 16 often claim that the issue is about fairness and inclusion, but that quickly unravels when we examine how 16 and 17-year-olds are treated under the law.

At 16, individuals cannot marry or join the armed forces without parental consent, and they are not permitted to buy alcohol, gamble, purchase cigarettes or even obtain certain financial services independently. Those are not arbitrary restrictions; they reflect a consistent legal and societal judgment that individuals under 18 are not yet fully mature adults. If we do not trust a 16-year-old to make decisions about alcohol, finance or personal safety, why should we trust them with decisions about the future of the nation?

Since the adoption of universal suffrage, taxation has never been the basis for enfranchisement in the United Kingdom, but the Prime Minister has stated that those who pay tax should be able to vote. Those aged 16 and 17 are explicitly exempted in law from paying council tax. Do advocates who say that 16-year-olds should be able to vote in local elections believe that that legal exemption should be removed, so that those aged 16 and 17 become liable for council tax? I suspect the answer is no.

Taxation already exists without direct representation for children. Everyone pays indirect taxes, such as VAT. For example, for children, VAT is levied on toys and sweets. Only a tiny number of those aged 16 and 17 actually pay income tax, especially given the Conservative Government’s increases to the income tax threshold. Those under 18 cannot obtain consumer credit, nor can they open a full bank account without a parent’s signature; that indicates how their financial rights are qualified.

There is also a striking inconsistency in the Government’s arguments for this change. On the one hand, they argue that 16-year-olds are mature enough to vote. On the other, they support policies that explicitly treat under-18s as children in need of protection: raising the legal age for buying knives, fireworks, cigarettes and even undergoing cosmetic procedures. Those contradictions suggest that the push to lower the voting age is not grounded in principle but in convenience.

Consider also the issue of responsibility. Voting is not just a right; it is part of a broader framework of civic duty, yet 16 and 17-year-olds are exempt from key responsibilities such as paying council tax, and only a small proportion pay income tax at all, as I have outlined. Historically, the right to vote in the UK has never been based on taxation alone, and it would be wrong to start now. We should also look internationally. The overwhelming majority of democracies, including the United States, Canada, Australia and New Zealand, set the voting age at 18. That is not a coincidence; it reflects a widely accepted understanding of adulthood.

Furthermore, the argument that lowering the voting age will increase long-term political engagement is not supported by strong evidence. Studies show that any increase in participation among younger voters tends to be short-lived, with no lasting impact on political involvement. In other words, the reform risks being a symbolic gesture rather than a meaningful improvement to democracy. A study looking at the effect of a lower voting age in Scotland, which was also cited by the Minister’s Department, advised:

“For engagement with politics beyond voting in elections, however, we find no lasting difference between young people who were eligible to vote at 16 versus 18. The experience of voting at age 16/17 did not make a difference in young people’s non-electoral engagement in early adulthood.”

It warned that any change in turnout might actually have been due to the polarising effect of the Scottish independence debate, rather than the voting age. It went on:

“Our results may reflect this to some extent as cohorts included in our sample of young people enfranchised at 16 came of age in the highly salient and polarised time around the 2014 independence referendum.”

Finally, we must consider where the logic leads. If we detach voting from the age of adulthood, then why stop at 16? Why not 15 or 14?

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[Paul Holmes]

I agree with my hon. Friend. I was a Conservative at 15—maybe that means I have just been completely stupid all through my life. [Interruption.] I said it—there is no need for an intervention on that! We know the reason why the Labour Government have brought this forward.

I was elected as a councillor at 19, and the voting age was 18. I was older than the voting age at the time. The Government are criticising my party on why we do not believe there should be voting at 16, but I ask the Minister again—perhaps she will respond in her winding up—why the Government do not believe that 16-year-olds should be able to stand in an election for the Government of the United Kingdom if they are enfranchised to vote in such an election. I contend it is because they want the votes, but they do not want them to be able to stand, because they do not believe they are mature enough and—dare I say—adult enough to do so.

The contention that the Minister has brought to the Committee is flawed. We cannot pick and choose when we believe a child becomes an adult to participate in part of the democratic process, and not include in the legislation the ability for them to stand in those elections.

Amendment 33 simply tries to urge the Government to review the mess of the age of majority in this country. If we legislate to have votes at 16, that is fine. I think I am pretty down with the kids when I go on school visits—I see there is no comment on that—and my party and I will absolutely make sure that we become presentable and popular and start talking about young people and the issues that they face—

[Samantha Dixon]

Which is the point.

[Paul Holmes]

Which is the point, the Minister says from a sedentary position, but it is our contention that we then need to look at the age of majority across the whole of the United Kingdom.

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[Samantha Dixon]

I thank Members for such a constructive debate. I come back to the original point that I made: the important question is not what else someone can or cannot do, but whether 16 is the right age to vote. The Government are clear that the answer is yes, it is the right age to be able to exercise a democratic right. It will allow 16 and 17-year-olds to have a say in the Government that shapes their future and sets them up for a long engagement in democracy.

Turning to issues raised in the debate, the hon. Member for Hamble Valley pointed out that there is no single definition of age at which someone becomes an adult. As my hon. Friend the Member for Bishop Auckland ably pointed out, the idea that 18 is a standard age of adulthood is a misconception. Different age limits are applied in different circumstances, which is quite right. “One size fits all” solutions almost always mean “one size fits none”.

On the issue of representation, my hon. Friend the Member for Wolverhampton West made this point very ably: the act of casting a vote is not the same as representing voters. It is perfectly reasonable for different requirements to apply. We will be following the line of Scotland and Wales where representation is allowed from the age of 18. On education, to speak to amendment 33, the Government are already working with the Electoral Commission, the devolved Governments, the electoral sector and civil society organisations to prepare people to exercise their democratic rights. That, combined with the Government’s national youth strategy and the improved curriculum and programmes of study in England following the curriculum and assessment review, will make sure that young people are not only given the means to make their voice heard, but are empowered and motivated to do so.

Last November, the Department for Education committed to make citizenship compulsory in primary schools in England and to revise programmes of study to make sure that pupils receive an essential grounding in a range of topics, including democracy, Government and law. The hon. Member for Hamble Valley, who joined his political party at the age of 15, has given a very pertinent demonstration of why young people are perfectly capable of exercising their rights, engaging politically, and participating in our democracy. We want to extend those rights to 16 and 17-year-olds, because too often young people are ignored by politicians. The policies of the parties that put representatives forward do not take account of the views of those young people. And it is the young people themselves who have the most at stake.

I am reminded of my own daughter, who at the age of 16 was unable to vote in the Brexit referendum, like many of her classmates in that school year. Ten years later, that is an absence that they feel very keenly. Their participation is healthy for our democracy and our political parties, and they should be able to vote.

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

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[The Chair]

With this it will be convenient to discuss new clause 9—Voting eligibility of convicted persons in detention—

“(1) RPA 1983 is amended as set out in subsections (2) to (4).

(2) In section 3 (disfranchisement of offenders in prison etc.), for subsection (1) substitute—

‘(1) A convicted person, during the time that they are detained in a penal institution in pursuance of a sentence imposed for a term exceeding four years or unlawfully at large when they would otherwise be so detained, is legally incapable of voting at any parliamentary or local government election.’

(3) Omit subsection (1A).

(4) In subsection 1B for “1A” substitute ‘1’.”

The new clause seeks to extend the franchise at UK Parliamentary and local government elections to include those serving a custodial sentence not exceeding four years and who would ordinarily be eligible.

[Samantha Dixon]

I now move on to clause 2, which extends to 16 and 17-year-olds the existing legal incapacity to vote that applies to convicted prisoners—with the exception of those imprisoned for contempt of court or in default of paying a court-imposed fine. It is right that those convicted of a crime and serving a sentence in custody cannot vote. The provisions in this Bill simply reflect that well-established position and ensure that 16 and 17-year-olds are treated the same as all other electors. That is in keeping with the core principle of the policy that 16 and 17-year-olds must have the same rights and responsibilities as all other electors. That must include being accountable for their actions, including their disenfranchisement upon being convicted of a crime and serving a sentence in custody.

To give effect to this intention, this clause ensures that the relevant definitions of youth detention accommodation account for all of the institutions in which convicted prisoners aged 16 and 17 may be held. I would like to draw hon. and right hon. Members’ attention to the part of the clause relating to secure children’s homes. It is important to note that this does not have the effect of disenfranchising a young person who is not a convicted prisoner but who is resident in a secure children’s home.

The application of this clause ensures that young convicted prisoners may not vote in UK parliamentary elections, police and crime commissioner elections, elections to the Northern Ireland Assembly, and all local elections in England or Northern Ireland. However, these provisions do not apply to elections for which responsibility is devolved, that is, elections to the Senedd Cymru, Scottish Parliament or local elections in Wales or Scotland.

I will also speak to new clause 9, tabled by the Green party. This new clause is intended to allow convicted prisoners serving a sentence of up to four years to vote. The Government have a clear view on this issue: those convicted of a crime and serving a sentence in custody should not be able to vote. We have no plans to extend the franchise to prisoners. I understand that the hon. Member for Brighton Pavilion, who tabled this amendment, and her party advocate for a restorative approach to justice, and the Government agree that rehabilitation is an important part of the justice system. Prisoners must be prepared to return to society.

As the Lord Chancellor and Secretary of State for Justice, my right hon. Friend the Member for Tottenham (Mr Lammy), said during the passage of the recent Sentencing Act 2026, the Government wish to ensure the justice system rehabilitates and turns offenders away from crime. It is important to note in this context that that Act introduced a presumption to suspend short custodial sentences of 12 months or fewer, unless an offender has breached a court order, there is a significant risk of harm to an individual, or there are exceptional circumstances.

Rehabilitation is not the only part of our justice system. Justice is also about delivering appropriate and proportionate punishment for individuals who have committed crimes where the crime committed is grave enough to warrant imprisonment. The Government are clear that part of that punishment should include the loss of the right to vote.

The new clause aims to grant voting rights to those serving sentences of up to four years, and would allow individuals who had committed serious offences to cast ballots. Such a change would be disproportionate and would water down the important principle that prison sentences are there to punish behaviour that we as a nation have decided is not welcome in our society. I therefore ask the hon. Member for Brighton Pavilion to withdraw the new clause, and I commend clause 2 to the Committee.

[Paul Holmes]

We welcome the Minister’s speech on this clause, and we agree entirely with her remarks.

Clause 2, as the Minister has outlined, extends the disenfranchisement of convicted prisoners to include 16 and 17-year-olds detained in youth custody. It is consistent with the long-established principle in UK law that individuals serving custodial sentences have temporarily limited civic rights. The extension to youth detention simply aligns 16 and 17-year-olds with the framework that already applies to adults, ensuring that the law treats those in secure detention in a consistent manner, regardless of age. While 16 and 17-year-olds are generally recognised as sufficiently mature to vote under the legislation, that recognition does not automatically override the legal consequences of being placed in detention, where participation in normal civic life is restricted for reasons of accountability, public protection and rehabilitation.

We believe the Government have made the right decision. If the Bill goes through and the voting age is reduced, it is absolutely right to align it with the legislation that extends to such people. When someone commits a crime and faces a custodial sentence, I believe that there should be rehabilitation and education, which are crucial parts of the prison system. However, the fundamental right to participate in civic life is taken away when someone receives a custodial sentence in this country, which includes the right to vote and participate in electing a Government. That punishment has been sacrosanct within the criminal justice system for hundreds of years, and the Opposition believe that it should continue, so we wholly welcome the alignment of the Bill with current legislation.

I turn to new clause 9, which was tabled by the hon. Member for Brighton Pavilion (Siân Berry). The Minister rightly outlined that it would extend the franchise to those serving a custodial sentence not exceeding four years, and who would ordinarily be eligible, and I think her response was absolutely spot on. No member of this Committee, or any Member in the main Chamber, would ever say, “Once you go to prison, you do not have the right to restorative justice, or the right to make something of your life again.” There is a fundamental principle in UK society when we make a mistake: you do the crime, and you do the time. We pay our debt back to society, and we then have the right to rehabilitate ourselves and make the most of our lives.

There is a fundamental difference if someone is put in prison for a custodial sentence, particularly one of up to four years, as the person has likely committed quite a serious crime to deserve that. It seems right to me that a punishment for that is the person being removed as an active participant in society, including having the right to vote for an elected Government or locally elected representatives.

This issue has been contentious for many years. When I worked for the last Conservative Government, before I was elected as the MP for Eastleigh, the European Union made an overt attempt to punish the United Kingdom for not aligning our custodial laws and voting laws with its mainstream recommendations; that was vehemently resisted by the Government at the time. Correct me if I am wrong—I am looking to the Liberal Democrat spokesperson to help me out—but I think that happened during the coalition Government.

We resisted that attempt to punish the United Kingdom, because we believe a dividing line is that, if someone goes away and is put in prison for a crime, they should not be able to participate. The Opposition wholly stand by clause 2, and we do not support new clause 9. If the new clause is pushed to a Division—I know the procedures mean that votes on new clauses will happen another time—we will vote against it.

--- Later in debate ---

[Paul Holmes]

As I said at the beginning of my remarks, I do not doubt the hon. Lady’s intentions—or those of the hon. Member for Brighton Pavilion—in tabling the new clause. However, I put it to her again that the four-year figure is arbitrary. The core reason why so many people are concerned about this proposal is the plethora of cases that would be included under the four-year provision. She is absolutely right that many of those people who are sentenced to four years will be released after two. I disagree with that, but it is something that happens in the current justice system. The fact that they might be released early does not mean that they should be given the vote.

The hon. Lady mentioned something that I agree with: that people are entitled to use libraries, to learn, to undertake qualifications and to do other parts of rehabilitation. That is absolutely right; they should always be allowed to do that, because of the core belief in British society that they should be able to make their lives better. But they are doing that while locked away and playing no role in civic society. They are improving themselves and learning so that they can play a part in civic society once they have served their custodial term. That is the real difference between my party and hers. We believe that when someone receives a custodial sentence, they should be removed from civic society. They should be able to go through rehabilitation and make their life better, but that element of being removed from civic society and locked up is sacrosanct.

I think that new clause 9 comes from a good place, and we could have a wider discussion on greater involvement by somebody who receives a custodial sentence, but unfortunately, the sledgehammer-to-crack-a-nut attitude adopted by the hon. Member for Brighton Pavilion—we must consider the seriousness of the crimes that might fall under the threshold of a four-year custodial sentence—means that the victim is hugely let down and forgotten about. I apologise to the Committee, but I feel so passionate about the way in which the argument was made that I had to stand up and speak again. We will be opposing the new clause with, all right, only three Members, but if it comes back on Report, I urge Members from all parties, including that of the hon. Lady, to vote against it. It would represent a slow erosion of the punitive system that is meant to support victims. I do not believe this new clause supports victims.

[Samantha Dixon]

The Government have a clear view on this issue: those convicted of a crime and serving a sentence in custody cannot vote. We have no plans to extend the franchise to prisoners.

The hon. Members for Hazel Grove and for North Herefordshire mentioned the European Court of Human Rights. The UK’s prisoner rights voting policy was very recently the subject of a judgment by that Court, and no violation was found. I am quite happy to share that judgment with Members should they wish to see it.

The provisions of the Bill simply reflect that policy, by accounting for all of the institutions in which convicted prisoners aged 16 and 17 may be held.

[David Simmonds]

There is a high degree of cross-party agreement on this point, but I have a technical question. The Minister referred earlier to the status of secure accommodation for children. Such an order is made by the family court rather than the criminal court, but it is often handed down when a local authority youth justice team is concerned particularly about the risks of self-harm. Under existing legislation, any child who is in custody of any kind is de facto in the care of the local authority where they reside. Under the terms of the Bill, that local authority then has a duty to support those who may be in secure accommodation to access their vote.

Could the Minister briefly set out what discussions, if any, she has had with the Department for Education, which owns that children-in-care legislation, so that we have clarity about what arrangements would be in place so that a child who is in secure accommodation, of which there is a very limited amount, often some distance from someone’s home, is able to exercise their right to a vote, which they would retain under these provisions?

[Samantha Dixon]

The issue that the hon. Gentleman raises is quite technical. I will provide him with the details. He is right that some convicted 16 to 17-year-olds, rather than being imprisoned in a young offender institution, are detained in secure children’s homes or secure training centres. Whether an individual is held in a young offender institution, a secure children’s home, a secure school or a secure training centre following conviction is not a direct reflection of the nature of their offence or determined by characteristics such as age.

It is possible for one individual who is convicted of a particular offence to be held in a young offender institution while an otherwise identical individual, who has committed the same offence, is held in a secure children’s home. Accordingly, it is appropriate and consistent to ensure that all convicted prisoners, regardless of their age or the institution in which they are held, should be prevented from voting. I will provide further details in writing, if that is acceptable to the hon. Member.

I thank hon. Members for their support for clause 2 and for the principle, which we are extending to 16 and 17-year-olds, that those held in secure accommodation and prison cannot vote—I think that is a well-understood principle, and it is one that we continue to support—and for their comments regarding new clause 9, which the Government will not be supporting.

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

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

[Samantha Dixon]

Clause 3 will give young people the ability to register from the age of 14, before they have the right to vote at 16, ensuring that they are able to exercise their right to vote as soon as they reach voting age. I am sure that Members will agree that no young person should be unable to vote for the first time because there was insufficient time for them to be correctly registered to vote. The clause will ensure that all young people have the opportunity to vote, even if an election falls on or shortly after their 16th birthday, removing the chance that time to register is a barrier to participation.

The clause’s approach is consistent with the current rules, which allow some 16-year-olds, and all 17-year-olds, to register to vote. Importantly, it simplifies the current rule considerably by removing the complex December calculation, which is hard to explain and understand, in favour of a clear right to register from an individual’s 14th birthday. The December calculation will remain in place for devolved Welsh elections in accordance with existing devolved legislation. The clause enables the slightly different rules to work side by side.

I underline that the two-year window for registration ahead of someone’s turning 16 established by the clause also allows for enhanced links between the classroom and active engagement in our democracy, with the option for that to begin with the act of registering to vote.

[Paul Holmes]

It would be churlish of me to criticise these proposals. We have had a detailed debate on the principle about votes at 16, with which we vehemently disagree, but there is no reason why we should be difficult about the implementation of the system if the Government get their way. If the legislation passes and people are allowed to vote at 16, there is a vital need for them to be able to register in plenty of time and for it to be as easy as possible for them to do so. Therefore, we will not oppose the clause.

I ask this question of the Minister not to be tricky but for clarification: why should the registration age be 14 and not 15? I was going to say, “What’s the difference?” Obviously, the difference is 12 months, but why does it need to be permitted two years in advance, rather than just one, when someone is 15 and, I would argue, there is a bit more stability for them in the education system, given some of the things that come with being a 15-year-old in school?

The Minister is correct that the December calculation is hard to explain and understand, and fairly outdated, so we do not think that is an issue. We will not oppose the clause, and we see that it is perfectly reasonable, notwithstanding—I do not know whether Members have recognised this yet—that I absolutely oppose votes at 16.

[The Chair]

I am not sure that it is clear.

[Samantha Dixon]

I thank the hon. Member for his support. For attainment at the age of 18, we work with 16 and 17-year-olds, so the two-year rule will continue by convention. If I have anything to say that differs from that, I will share that with him.

[David Simmonds]

This is, again, a bit of a technical question, but both my hon. Friend the Member for Hamble Valley and I served previously as lead members for children’s services, and one of the groups for whom this will be particularly relevant is those young people who may be in the care system because they are asylum seekers. My local authority has among the highest populations of unaccompanied asylum-seeking children in the country.

There are existing arrangements, but at the moment, because the voting age is 18, it is completely clear: someone is an adult in the system and their eligibility to attain their vote depends upon the determination of their claim. However, there is a significant population of young people who have age assessments that are being disputed, or for whom there are issues around where residence may take place and whether leave to remain will be granted, and therefore at what point the individual, not because of their age but because of their immigration or asylum status, will attain the right to vote. What discussions have there been with the Home Office, which owns that legislation, and potentially the Foreign Office, which may have sight of what arrangements are in place in the countries from which those young people may be moving to the United Kingdom, to ensure a degree of consistency and certainty?

[Samantha Dixon]

I thank the hon. Member for his question on quite a complex issue. The right to vote is based on citizenship, so I would have to come back to him with further detail on those circumstances. We will come on to clauses that relate to children in the care of local authorities and their rights to register to vote, and to vote, but on that specific issue I think I will need to come back to him.

[David Simmonds]

I am sure that everyone is aware that the arrangements with Ireland, for example, provide a degree of eligibility and commonality, not just in the electoral system but in all sorts of other areas. In terms of enfranchisement, we have eligible Commonwealth voters who may participate in our electoral system by virtue of their Commonwealth status. That does not apply to all countries in the Commonwealth, but it does apply to a significant number of them. It would be helpful if the Minister could address that issue too, particularly given that we can envisage, for example, service families from the military of an allied country—in my constituency, with HMS Warrior just over the border, we have a significant number of families who come from Canada and Australia and, indeed, Europe—who may be here for a period of time, which would mean that they fall within the scope of this legislation. It would be helpful to understand what arrangements are in place to ensure that they are treated fairly.

[Samantha Dixon]

I will supply the hon. Member with that information, because it also applies to attainers who are living overseas. I commend the clause to the Committee.

Question put and agreed to.

Clause 3 accordingly ordered to stand part of the Bill.

Clause 4

Declarations of local connection: looked after children and detained persons

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

[The Chair]

With this it will be convenient to discuss clause 5 stand part.

[Samantha Dixon]

Clause 4 will ensure that the extension of the franchise works effectively for young people whose living arrangements do not fit the traditional model of a fixed or permanent address. Declarations of local connection already allow certain individuals to register to vote when they cannot reasonably be associated with a single permanent address. However, once the franchise is extended, it is important that young people are not excluded from participation simply because of the nature of their accommodation. The clause expands the circumstances in which a declaration of local connection may be made.

Members should be assured that the provision does not remove any existing eligibility requirements. It enables young people who are looked after by a local authority, who have previously been looked after, or who are kept in secure accommodation to register in a way that reflects a meaningful connection to an area. It is an important measure that ensures that young people in these circumstances are able to register in a way that reflects their living arrangements.

Clause 5 will ensure that the extension of the franchise properly supports service families. Service declarations exist to ensure that members of the armed forces, Crown servants and British Council employees are not disadvantaged in their ability to register to vote when serving overseas. However, once the franchise is extended to 16 and 17-year-olds, a gap would arise: the children of service voters who move with their families in service would not have access to the same registration mechanism.

The clause addresses that gap and enables children who reside with a service-voter parent or guardian to register using a service declaration. That registration will cease when the individual reaches the relevant age, which is 19 for UK parliamentary elections, Northern Ireland Assembly elections and local elections in England and Northern Ireland, and 18 for Scottish parliamentary elections, Senedd Cymru elections and local elections in Scotland and Wales.

[David Simmonds]

To some extent, I have another version of my earlier question. In respect of children in care, within the provision there will need to be a process for registration and, in due course, a process for the administration of casting the ballot. If we consider the original judgment on prisoner voting, the European convention on human rights does not trump parliamentary sovereignty.

The judgment went against the UK because, at that stage, there were no arrangements in place for prisoners to be able to vote, although the law did not specifically prohibit them from doing so. The court said, “You can’t effectively lock them up so that they can’t get to the ballot box, but at the same time say that they are still legally entitled to the vote; you have to make a choice.” Parliament made a choice and said, “We are going to ban those people from voting.”

The Government have been very clear that young people in secure accommodation will be eligible to vote. We are also aware that those in the 16 to 18-year-old category who are treated as care leavers will often be in what is known as move-on accommodation as they transition from a fostering placement or children’s home to semi-independent living.

What arrangements will the Government make to ensure that, in practice, under the terms of this legislation, those young people are not deprived of their ability to vote by virtue of moving around the country or simply lacking access to the service that they require, as opposed to being deprived of it by a deliberate decision of Parliament as part of the punishment inherent in a custodial sentence?

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[Samantha Dixon]

The hon. Member makes an important point. The response to that is the declaration of the local connection; that must relate to an address with which the individual has a genuine connection, as set out in the Bill. For example, a person experiencing homelessness may register using the address of, or nearest to, a place where they spend a substantial amount of their time, such as a shelter or another place where they regularly stay. Similarly, a young person looked after by a local authority may register using a previous address or one connected to the local authority responsible for their care. I hope that answers the hon. Member’s point.

[David Simmonds]

I understand the Minister’s point in the sense that a young person can register to vote. My question is about the logistics of how the ballot is cast. One of the challenges for young people, particularly in the care leaving transition, can be the instability of placements.

Young people may move around to access the type of accommodation that they need, or they may be placed far from home to get them away from, for example, a drugs gang or a grooming gang that caused them to come into the care system in the first place. Therefore, they will find themselves in a position where, while they may wish to participate under this legislation, the logistics and practicalities of that may be different and, in practice, they may be deprived of the opportunity to vote. It may be a matter for those discussions between the Department for Education and the Ministry of Justice, but it would be helpful to understand what practical arrangements have been put in place to ensure that, if the Government really want 16 and 17-year-olds to be able to vote, they can do so.

[Samantha Dixon]

The hon. Member raises an important point. We have to establish the principle in the first instance and, as we progress with the legislation, we can provide more detail about the practical arrangements. Clauses 4 and 5 establish the principle; we will have to come back to the detail of how we take that forward. It is a complex area, but it is essential that young people in the care of a local authority are not disenfranchised because of that.

Clause 5 is important to ensure that young people in the care of their families overseas, as they give service to our country, are treated fairly under the extended franchise.

Question put and agreed to.

Clause 4 accordingly ordered to stand part of the Bill.

Clause 5 ordered to stand part of the Bill.

Clause 6

Further provision about registration and participation in elections

[Samantha Dixon]

I beg to move amendment 5, in clause 6, page 10, line 9, at end insert “and recall petitions”.

This amendment is consequential on amendment 7.

[The Chair]

With this it will be convenient to discuss the following:

Clause stand part.

Government amendments 6 and 7.

Schedule 1.

--- Later in debate ---

[Samantha Dixon]

Clause 6 and schedule 1 consist of common-sense amendments to legislation, in line with the change to the voting age. While extending the vote to young people, the provisions align regulations about the age at which young people can act as a proxy, accompany voters to polling stations, act as a companion to a voter with a disability, and apply for a voter authority certificate.

Members may recall that clause 3 enables registration from the age of 14. Schedule 1 removes the requirement for electoral registration officers to conduct house-to-house inquiries and the ability to make telephone calls to under-16s. Further measures to safeguard young people are addressed in clauses 7 to 13. Electoral registration officers in Scotland and Wales will no longer be required to record when electors on their local register attain the age of 18, as there will no longer be a change in entitlement to vote at that age.

In addition, part 2 of schedule 1 sets up a transitional process for moving certain electors in Scotland and Wales from the local government register to the UK parliamentary register. As it stands, when the change to the voting age comes into effect, people under the age of 18 who are already registered to vote in Wales and Scotland might need to make an additional application to be added to the UK parliamentary electoral register. Electoral registration officers—EROs—however, already hold the information necessary to determine their eligibility to be registered as UK parliamentary electors. Part 2 of schedule 1 will enable EROs to add them directly across.

Members should be assured that EROs will be required to assess each individual’s eligibility, noting the differences between devolved and parliamentary elections, such as nationality requirements. By registering for devolved elections, those young people have taken steps to engage in our democratic processes, and that engagement should not be discouraged by requiring them to make another, identical application. The overall process will ensure simplicity for electors and a smooth transition, while reducing the administrative burden on EROs. It is a common-sense, transitional measure, done only at the point that our reserved votes at 16 measures take effect.

Government amendments 5 and 7 consist of consequential changes to legislation, in line with the change to the voting age. They are technical amendments, which will ensure that 16 and 17-year-old voters are included in calculating the threshold for recall petitions. They will have the right to vote in the election that a recall petition may trigger, so it is only right that they are included in such calculations.

In addition to those changes, Government amendment 6 removes the restriction that certain EU citizens on the local government register need to be 18 or over to give a notice of vacancy in the office of police and crime commissioner for a police area in Wales. The current provision exists because of the differences between the police and crime commissioner franchise and the local government franchise in Wales, and with the equalising of the voting age for these election types, the wording that is removed by this amendment is no longer needed. That brings the rights of those under the age of 18 who are registered to vote in line with other electors aged over 18, as intended with the extension of the franchise. I hope Members will accept these technical amendments, and agree that they should be made to the Bill.

[Paul Holmes]

It has been a while since I have done one of these Committees, Dr Allin-Khan, so forgive me if I do not say what I am talking to or anything like that. We are learning on the job, or I certainly am anyway.

The Minister emphasised that the Government amendments are technical, which is correct, and I will not challenge on or question her much about them. However, I want to ask a couple of questions about the clause’s aims in facilitating the inclusion of younger voters. We would argue or challenge that some of the provisions appear to be slightly inconsistent or insufficiently justified.

Allowing individuals aged 16 to act as companions to disabled voters and as proxy voters or to enter polling stations for certain purposes reflects an expansion of civic responsibility, which is another result of the principled argument about whether 16-year-olds should have the vote. I am not arguing against that principle, but about the physical manifestations of the change in direction. I would like to challenge the Minister by asking her to clarify why there is no guidance, training or clear rationale for those extra responsibilities for the volunteers working in elections departments across the country or for electoral registration officers and local authorities.

The provision raises a few concerns not only about the readiness of the person subject to the law change—the younger voter—but about whether our staff, EROs and the volunteers who sit in and do the various jobs at polling stations will be trained and given guidance in time to fully bring in the proposed changes. Will the Minister give us some clarification or reassurance that these changes will result in the people involved in the physical voting on the day at polling stations being given proper guidance, and that plenty of notice will be given to the volunteers who will have to implement the changes around the country?

[Samantha Dixon]

The short answer is yes. This is an extension of the arrangements with which EROs are most familiar, and the guidance that will be provided to them in advance of the proposals coming into effect will reflect the extension of the franchise. I suggest that EROs and our electoral administrators are very familiar with these issues, and it will simply be a matter of extending those arrangements to the newly enfranchised age group.

[David Simmonds]

I have another technical question to provide clarification for the Committee. We know that there are different rules for who is eligible to vote in local elections and in general elections—and council elections are imminent—and the Government website sets out those criteria. One of the consequences of this change will clearly be to extend the franchise to a large group of people who do not and cannot currently vote in UK general elections.

A question that may arise for an electoral registration officer is how to establish the age of, for example, an eligible Commonwealth citizen who arrives to register to vote, if their age is not clear. Will the Minister set out what guidance EROs might be expecting to spell out the evidence that might be sought to establish eligibility in terms of age if, for example, a citizen of Poland who has moved to the United Kingdom wishes at the age of 16 to join the electoral register for the upcoming council elections?

[Samantha Dixon]

Let me re-emphasise that EROs are familiar with providing such guidance already. We are simply extending the franchise to a different age group to enable them to participate in UK parliamentary elections and those other elections mentioned. The well-established route for providing that guidance will continue, extended to encompass the newly enfranchised in future elections. This is a well-trodden path, and I am happy to provide more details as required.

Amendment 5 agreed to.

Clause 6, as amended, ordered to stand part of the Bill.

Schedule 1

Further provision about registration of young voters etc

Amendments made: 6, in schedule 1, page 103, line 35, at end insert—

“Police Reform and Social Responsibility Act 2011

14A In section 51 of the Police Reform and Social Responsibility Act 2011 (vacancy in the office of police and crime commissioner for a police area in Wales), in subsection (6C)(a)(ii) omit “, who has attained the age of 18”.”.

This amendment removes the restriction that certain EU citizens, who are registered in a register of local government electors, need to be 18 or over to give a notice of vacancy in the office of police and crime commissioner for a police area in Wales.

Amendment 7, in schedule 1, page 103, line 35, at end insert—

“Recall of MPs Act 2015

14B (1) The Recall of MPs Act 2015 is amended as follows.

(2) In section 14 (determination of whether recall petition successful), in subsection (3), for “18” substitute “16”.

(3) In section 22 (interpretation), in subsection (3)(b)—

(a) in the words before sub-paragraph (i), for “18” substitute “16”;

(b) in that sub-paragraph, for “18” substitute “16”.”.—(Samantha Dixon.)

This amendment includes 16 and 17 year olds who are registered in a register of parliamentary electors in the calculation of the threshold to be reached to determine whether a recall petition is successful.

Schedule 1, as amended, agreed to.

Clause 7

Prohibition of registration officers disclosing information

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

[The Chair]

With this it will be convenient to discuss clauses 8 to 14 stand part.

[Samantha Dixon]

Clause 7 provides for the protection of information of individuals who register to vote in advance of reaching voting age. As noted in discussion on clause 3, the Bill provides for people to register to vote from the age of 14, so that they are ready to cast their first vote at the age of 16. This arrangement carries significant benefits, but must be accompanied with due provisions for protecting the data of these particularly young people.

The clause provides that protection by explicitly preventing electoral registration officers from publishing, supplying or otherwise disclosing the registration information of anyone under the age of 16. Registration information is defined in the clause as entries on the electoral register, including both domestic and overseas electors, and also records of absent voting arrangements.

These protections will ensure that people who wish to register to vote in advance of attaining voting age can do so safe in the knowledge that the data they provide to electoral registration officers when they register will be duly protected.

I should note that there are specific, limited circumstances in which sharing the data will be possible. These are provided for in the subsequent clauses, and I will turn to those momentarily. However, clause 7 sets out the key principle that the data of young people aged 14 and 15 warrant special protection.

Clause 8 sets out five specific circumstances in which the prohibitions put in place by clause 7 do not apply. In other words, it sets out limited scenarios in which EROs may share the registration information of 14 and 15-year-olds. These provisions are very limited in number. As I list them, I trust hon. Members will agree that each of them is proportionate and justified.