Election Law

Question

Asked by

To ask His Majesty’s Government what plans they have to commence work on the consolidation of election law.

My Lords, we recognise that electoral law is complex and I am grateful to the noble Lord for his persistence in pushing that point. However, consolidation would take longer than the time available in this Parliament. We have set out our strategy for elections, which represents a way to make real progress, setting out actions that we will take to simplify, protect and promote our democracy. As detailed in our manifesto, we already have an ambitious agenda to improve our elections, including expanding the franchise and strengthening the rules around donations. We are focusing on delivering that agenda.

My Lords, I welcome the clarity of the Minister’s Answer and the clear commitment to the principle of consolidating election law. I take the point that it is a time-consuming measure, but is that not why it is all the more important that the Government make a start on it now, rather than putting it off?

I do understand the impatience that the noble Lord pushes. We did a recent review of electoral registration conduct to improve resilience, reduce risk and support administrators and voters alike. We are now taking the key priorities from that review and enacting them to make sure that our election system is as good as it can be without creating a long delay before we do anything.

My Lords, over 6 million eligible UK citizens are not signed up to vote. What steps are the Government taking towards automatic voter registration?

I thank my noble friend for her question. As we set out in July’s strategy, the Government have committed to introducing more automated approaches to electoral registration. We are actively exploring some very innovative approaches to registration, including leveraging some of the public sector data and digital services to boost registration rates and improve the accuracy of electoral registers. Any new registration processes we bring in will be tested properly to make sure that they work well before we roll them out.

My Lords, what are the Government doing to help those who do not have passports, driving licences or other easy identification for being able to vote?

We are looking very hard at expanding the identification forms that we can use to make sure that nobody who is entitled to vote is excluded, including bank cards and so on, so that we make sure to give the widest possible spectrum of ID that people can use to exercise their vote.

My Lords, the Government have claimed that the local council elections should go ahead unless there is strong justification otherwise. However, when pressed, they admit that local elections may be cancelled next year due to unitary restructuring. This is creating uncertainty for councils, political parties and, most importantly, local people. Will the Government come clean and publish an open and transparent statement on its intentions for the 2026 local elections? What is going ahead and what will be cancelled? Also, do the Government agree with the Electoral Commission that elections should not be delayed by more than one year?

I think I have made the Government’s position on the 2026 elections very clear from the Dispatch Box. It is our intention that all elections during 2026 will go ahead.

My Lords, the Representation of the People Acts sought to create a level playing field for constituency campaigning, but they no longer do so as a result of the legislation of 2000, which brought in national party limits. These limits were suddenly increased by 80% just before the last general election. Will the forthcoming legislation address the problem that a party contesting every constituency could spend £35 million in 70 target seats—half a million pounds per constituency—thereby driving a coach of horses through the principles of the Representation of the People Acts?

I am sure that the noble Lord’s party, along with all other political parties, will be invited to comment on the elections Bill when it is in draft, and I am sure they will do so.

My Lords, as an enthusiastic volunteer on the Learn with the Lords programme, I strongly applaud the Government’s plans to reduce the voting age from 18 to 16. In preparation for that, what can the Government do to help teachers in schools prepare young people and be able to teach about politics in a way that does not get them in trouble for perhaps being seen to be partisan?

This is a really important point around the expanding of the franchise. As the grandmother of a grandson who will be 16 in February, I am very aware that we need to make sure that education and engagement are a vital part of implementing policy. We take empowering and equipping young people with the knowledge and skills that they will need very seriously. The independent Curriculum and Assessment Review’s report and the Government’s response have now been published. We really welcome the review’s recommendations in this respect and the Government are already taking steps to progress the review’s agenda.

My Lords, I remember attending the Law Commission, some 10 years ago if not more, when it promised to bring forward a new electoral registration Act, together with a review of the whole of election law. I declare my interest as the solicitor of the Labour Party in relation to election law.

The case for consolidating and indeed modernising election law is very strong, because the current system is fragmented, outdated, confusing and increasingly unworkable. Consolidation and modernisation itself would bring a single coherent legislative framework; modernising the rules would make election law fit for digital campaigning, which is the world we live in now, whereas election law currently is very much paper-based; consistency across elections would mean that we would all know, whichever election we were standing in, that the rules were more or less the same; and it would lower the administrative burden and make clearer offences and enforcement.

What steps will the Minister take to ensure that the Law Commission brings forward a review, certainly within the next couple of years?

As I said, I understand the frustration about this, but the core scope of the review was to make sure that we pick up the main risks and issues related to electoral registration and the conduct of elections. A complete review of the electoral system would be a very complex and long-standing procedure and we wanted to do this on a risk-based approach, dealing with the challenges faced by the electoral sector rather than undertaking a wholescale consolidation. We have some pragmatic solutions to address the key issues and we are taking those forward.

My Lords, I echo the request for consolidation of election law made by the noble Lords, Lord Shamash and Lord Pack: it is a complete mess at the moment. I will pick up on the answer that the Minister gave to the noble Baroness, Lady Scott, where she said that it was the intention that all local government elections will go ahead. Is she actually saying that the relevant authorities will have elections, or that it is their intention at the moment but we will be told in X number of weeks or months’ time?