Ballot Secrecy Act: Breaches

Question

Asked by

To ask His Majesty’s Government whether they plan to discuss alleged breaches of the Ballot Secrecy Act 2023 in relation to the Gorton and Denton parliamentary by-election with (1) Manchester City Council, and (2) the Greater Manchester Police.

My Lords, I understand that the allegations have been reported to Greater Manchester Police, which is considering the matter. The Electoral Commission is in close contact with Greater Manchester Police and the returning officer. If coercion at the polling stations had occurred, it would have been a breach of the law under the Ballot Secrecy Act 2023. It is essential that electors can cast their vote in secret and without the risk of coercion. Your vote should be yours alone. If anyone believes they have witnessed family voting occurring at this by-election or at any time, they should contact the police.

I thank the Minister. She will know that the previous Government introduced a power in the Elections Act 2022 for the Electoral Commission to draw up a strategy and policy document containing measures to tackle electoral fraud and corrupt and illegal practices, including family voting. However, Ministers have now U-turned on this by indicating that they will repeal the legislation and dump their own 2025 elections strategy. Given the substantial concerns after Gorton and Denton, why are the Government removing safeguards introduced because of the endemic fraud in Tower Hamlets, deleting guidance for local authorities on how to stop family voting and introducing secret election pilots for their own partisan advantage? Are the Government going soft on electoral fraud, or is it worse than that?

I fundamentally dispute the tenor of the noble Lord’s question. The Representation of the People Bill, which we will discuss thoroughly in this House, had its Second Reading in the Commons on Monday. The point about the Electoral Commission is that it will set its own strategy, which is a step towards, not away from, democracy. On the voter pilots, it is very important to note that Governments of all political persuasions have had voter pilots to see how we better encourage people to vote. We are seeing increasingly low turnouts, particularly in local elections, as well as in general elections and by-elections. The pilots are intended to see whether we can better tailor voting to people’s lifestyles now. We will examine the results of those very closely and make sure that all the people who vote in those pilot areas are as well protected under electoral law as people using more traditional voting methods.

My Lords, family voting, as it is now called, is not an entirely new phenomenon. When I first started out as a candidate, a very long time ago, it was most common in working-class communities; it is now rather more common in communities of south Asian origin. There should have been sufficient staff and police to observe whether the report by Democracy Volunteers—that there was an unusually high incidence of family voting in this by-election—was correct. Was there a problem with staffing? Are the Government ensuring that adequate staffing and policing of polling stations is being maintained?

It is an offence to accompany a voter into the polling booth with the intention of influencing how they vote. That was brought forward by the noble Lord, Lord Hayward, as part of the Ballot Secrecy Act, and it put that matter beyond doubt. Elections are run by independent returning officers, who will take account of guidance from the Electoral Commission. The commission’s polling station handbook provides guidance for polling station staff on this matter. It is for returning officers to ensure that their polling stations are staffed. In all the areas I have ever been involved with, returning officers have taken this role incredibly seriously, and they make sure that their staff are well trained and kept up to date on election law. On the police, in my own area I have always found the police very co-operative and supportive of what returning officers and their staff do. We will continue to work to make sure that polling station staff are aware of the rules and confident in challenging individuals, and we will continue to work with the commission and Crimestoppers on the annual Your Vote is Yours Alone campaign to raise awareness of these issues.

My Lords, if there were these alleged breaches of electoral laws in the Gorton and Denton by-election, any investigation would obviously be supported by the Green Party. However, it is quite interesting that, in view of the size of the victory of the Green Party over the Reform Party, I am assured by psephologists that there is absolutely no case to be answered that the result could be changed by these alleged breaches of electoral law. Is that the Government’s advice?

We do not want to see breaches of electoral law at any time, whatever the outcome of the election. It is very important that voters going to cast their vote can have complete confidence in the system that is operating, whether it influences the outcome of the election or not. It is also very important that we all want to see, both in practice and in the policy that sits behind it, that elections are safe and secure and that people can cast their vote knowing that the elections are above board and legal.

My Lords, I thank the Minister for identifying my involvement in the passage of the Ballot Secrecy Act 2023, but may I say that it was passed with all-party support throughout this House and the other Chamber? That was very important. In relation to family voting, it should be recognised that Democracy Volunteers identified that this was a national problem at the last general election. It was identified in places such as Stirling and Strathallan, Ceredigion Preseli, and Camborne and Redruth, so it is not new and it is not concentrated solely in certain places. The Minister will be aware, as I am, that urgent discussions have been taking place with the police, the returning officers, the Electoral Commission and Democracy Volunteers. Is this not the opportunity to urge all concerned to concentrate their minds so that we get it right on 7 May?

I thank the noble Lord for the work he did on the Bill in 2023. Of course, it is completely right that it should receive cross-party support; none of us wants to see corruption or any kind of illegal activity around our democratic processes. He makes a very valid point about the local elections taking place on 7 May. I know that the Electoral Commission will want to work with Greater Manchester Police to make sure that any lessons that can be learned from that by-election can be carried forward as quickly as possible so that we get any additional steps we need in place before the elections on 7 May and for all future elections.

My Lords, is the Minister able to explain the status of Commonwealth citizens who are not dual nationals but merely resident in the United Kingdom for the purposes of voting? Do any residency lengths of term apply to them before they qualify and does the Electoral Commission have any idea of how many there are in the UK who may qualify?

The entitlement of resident Commonwealth citizens to vote reflects our close historic ties with Commonwealth countries, and the Government will not be removing Commonwealth citizens’ voting rights. I cannot give an answer on numbers right now but I will write to the noble Baroness.

My Lords, the Government have announced voting pilots, as we have heard, in a number of local authorities for the May 2026 local elections, which, apart from other things, will allow electors to vote at polling hubs up to seven days prior to actual polling day. How will the Government ensure that the security and the safety of the ballot box—which is so important to us all—will continue in these hubs? In particular, what about the chances of duplication of votes in that system?

We are looking to test several ways of making in-person voting more efficient, more convenient and better aligned with the expectations of today’s electors. Two types of flexible voting will be piloted during the local elections in May. The first is centralised voting hubs, as the noble Baroness indicated, where any elector in the authority can cast their vote on polling day. The second is to offer advance in-person voting at designated hubs in the days leading up to polling day, potentially including weekend access. That said, there is no diminution, in either of those processes, of the security arrangements around voting. They will have trained polling staff, people will have to show their ID when they vote, and we expect those pilots to be as secure as voting in the traditional way.