Elections Bill — House of Lords, 2022-02-23
Topic: Civil Rights
Nicholas True (Conservative, Centre-right): I knew they were coming There has been considerable demand for these reforms. Experts of all political stripes are keen to have their say on issues that affect them. The changes are about enfranchising British citizens and broadening their participation. Further evidence of the demand for votes is evidenced by the fact that, in recent years, many more overseas citizens have sought to exercise their voting rights under the current arrangements. In the 2015 general election, 110,000 British citizens living abroad were registered; for the 2019 election this had increased to 230,000. These electors come from all corners of the United Kingdom and are unlikely to share the same political persuasion Many noble Lords, starting with the noble and learned Lord, Lord Judge, in a typically notable speech, expressed concerns about Part 3 of the Bill. I have heard these concerns—although I have obviously been listening throughout the debate, I would have heard them even if I had just popped in. I hope to persuade noble Lords in Committee that those concerns are unfounded The Electoral Commission will remain operationally independent and governed by its Electoral Commissioners. As is the case now, the commission will remain accountable to Parliament, through the Speaker’s Committee on the Electoral Commission, which is chaired impartially by the Speaker of the House of Commons The noble and learned Lord, Lord Judge, quoted part of the offending clause, and someone else who spoke—perhaps it was the noble and learned Lord, Lord Judge—said that there was no requirement for the Secretary of State to even consult the commission. In fact, new Section 4C(2), inserted by Clause 14, says: "The Secretary of State must consult the following on a draft of the statement … the Commission … the Speaker’s Committee … the Public Administration and Constitutional Affairs Committee … the Scottish Ministers … and … Welsh Ministers" He must reflect on those, and a proposal must be laid before Parliament, including your Lordships’ House. If your Lordships’ House or the other place have any doubts about it, it is within their power to refuse consent It has been suggested that the commission’s requirement to have regard to this statement is exactly the same as the Government directing the commission. With respect, I completely disagree. The statement will not allow the Government to direct the commission’s decision-making. The legal duty to have regard to this statement will not replace or undermine the commission’s other statutory duties. However, we see it as vital that we have an operationally independent regulator which can command trust across the political spectrum. The proposed measures are a necessary and proportionate approach to facilitate parliamentary scrutiny while respecting the commission’s operational independence. As I have explained, the Bill puts the UK Parliament at the centre of the processes relating to this statement, which will be subject to consultation at the relevant Select Committee The noble Lord, Lord Stunell, raised the CSPL recommendation to expand the commission’s regulatory powers to include enforcement of civil sanctions for candidate offences. It is important to note the local nature of offences under the Representation of the People Act, which means it is sensible for responsibilities related to candidates to lie with returning officers, local authorities and the police. Where appropriate, these can be referred to prosecution services and resolved through the courts. The Electoral Commission, by comparison, deals with wider scale campaigns run by political parties and third-party campaigners On Part 4, on expenditure, many noble Lords agreed with aspects of these proposals. However, I have heard the concerns raised by my noble friend Lord Hodgson of Astley Abbotts and others. I can assure my noble friend that we will be ready to engage. Charities and third-party campaigners subject to the lower tier expenditure limits will be subject to lighter-touch regulation proportionate to smaller campaign spend. They will not be subject to spending return requirements and donation reporting controls. This will ensure minimal regulatory burden for campaigners in scope. That said, it is completely reasonable to expect organisations spending significant amounts of money campaigning in our elections to follow rules and report their activity, even where they are regulated for other purposes I speak with great respect for the old and humane tradition of the Labour Party as the champion of working people, and the noble Lord opposite, the noble Lord, Lord Monks, very understandably expressed concerns about what the impact on trade unions might be. The new measures will not prevent any eligible UK-based group, including trade unions, campaigning. The measures are simply intended to strengthen the principle of spending limits already in law and protect the level playing field by ensuring that groups cannot unfairly expand their spending limits where they are conducting joint campaigns My officials met Trades Union Congress representatives about the Bill, but I totally appreciate the concerns of noble Lords. My officials and I welcome further discussions with noble Lords and stakeholders. I hope to reassure them and to consider any concerns that they have. In those conversations, I will address the points that the noble Lord, Lord Collins, made. I am committed to ensuring that all campaigners are clear about the rules and able to participate in our elections, as they always have been Noble Lords will be pleased that Parts 5 and 6—they may have noticed that I got only to Part 4—were generally supported. I thank noble Lords throughout the House and on the Front Benches opposite for that, and hope that the support will be sustained throughout the Bill. On that happy note for me, I conclude by again thanking all Peers who took part in this debate for their valuable contributions. We will read Hansard carefully. I look forward to engaging with them further, over a late black coffee if need be, and in more detail in Committee and throughout the remainder of the passage of the Bill.