Overseas Electors Bill

I believe, Mr Speaker—and I stand to be corrected by your good self, or by anyone else for that matter—that I was just getting on to new clause 6 when I was stopped in my tracks. New clause 6 relates to a review of absent vote arrangements. I pay tribute again to the hon. Member for City of Chester whose ideas I have once again stolen, because he introduced this new clause in Committee as well. In doing so, he raised

“the concerns of the Association of Electoral Administrators that there needs to be greater emphasis on encouraging overseas electors to establish clear absent voting arrangements and to do so in good time.”

Failure to do so in good time, he said, would impose another burden on electoral staff. The association had apparently said:

“In view of this time limit being removed, consideration needs to be given to the deadline being brought forward for overseas electors to register so that it allows sufficient time to process and check previous revisions of registers, followed by documentary evidence…being provided, if necessary. In addition, sufficient time is required to arrange for any absent vote arrangements to be put in place so that the overseas elector can cast their vote at the election or referendum in time for it to be counted.”––[Official Report, Overseas Electors Public Bill Committee, 31 October 2018; c. 81-2.]

It seems obvious to me that that is absolutely necessary. I shall deal with the subject of timings in the context of another new clause, but I shall try to speed things along now, and I hope that what I have quoted is self-explanatory and stands for itself.

Obviously it does not.

We considered this point at length in Committee. It was suggested that we would be in danger of asking overseas electors to register before knowing whose names would be on the ballot paper. I did not think that that was a valid reason not to create an efficient and effective system, because I did not think that having to wait to find out who the candidates were would preclude people from wanting to take part. What is the hon. Gentleman’s perspective?

I agree with the hon. Gentleman: I do not see how it is relevant.

New clause 7 requires the Minister for the Cabinet Office to publish a report on postal voting arrangements for overseas electors. We talked earlier about the scale of the number of people who would be affected if the Bill were to take its full course. I think that all the issues raised in new clause 7 will have to be considered, and that the Government should keep an eye on whether or not everything is in place to deal with the consequences. This new clause is also fairly self-explanatory.

New clause 7(3) says:

“The report shall, in particular, consider the effectiveness and cost of the International Business Response Licence for postal votes and any associated implications”.

What particular concern did my hon. Friend have about the international business response licence? I could not understand what the concern was here.

My hon. Friend is right to ask me to elaborate. If he were to look up how the IBRL operates he would see that its “At a Glance” guide says customers can

“Receive direct mail responses from overseas customers”

and

“Only pay for the responses you receive”,

which is all fine, but the third part says:

“Responses arrive in 7-10 working days”,

I hope my hon. Friend will consider that that might cause a difficulty. That is from the IBRL’s “At a Glance” guide to its service, and it seems to me that that might not be wholly suitable for an election, especially when we are dealing with huge volumes and all the rest of it. That is why I put that provision into the new clause: because I am not sure it fits the bill. The Government should have a duty to consider that very carefully and see whether there is a better system that should be used.

I am sure we all have examples of possible problems. In my part of the world in the Bradford district we have had some terrible things happen with postal voting and postal vote fraud over the years, and we must always be very careful. When we are having a huge extension of voting and of postal voting we must be cautious, and this provision is merely an attempt to show some caution in moving forward and make sure we are not causing problems that might not have been expected at the time.

For the benefit of the Minister who will have to implement new clause 7 can my hon. Friend make clear what his expectation is on timing? It seems from the tenor of his remarks that he is expecting this review to take place before commencement; is that the case?

I would like that to happen: before having an extension it would be useful to have a review of where we are now, because that might highlight some of the areas of concern. So, yes, I would like to see that done sooner rather than later.

My hon. Friend is making some important points. On the point he has just raised, does he agree that we would need to be satisfied that, in the event of an allegation of electoral impropriety, there will be the resources and willingness on behalf of overseas authorities to properly investigate that, because it could mean the difference between a correct result in an election or an incorrect result?

I agree. The more people the franchise is extended to, the more chance of a result being affected by it, so my hon. Friend is right. That is why it is absolutely necessary that we get these things right. We must not just do them, find problems later and not really have a plan for how to deal with them. I would sooner we got it in place to start with and knew how we were going to try to prevent problems and deal with them once they arose.

I hope new clause 9 is self-explanatory. It would require the Cabinet Office or Secretary of State to

“within 12 months of the provisions of the Act coming into force,”—

it has a date on it for the benefit of my hon. Friend the Member for Harborough—

“lay before Parliament a report evaluating the effects of the Act and the extent to which it has met its objectives.”

I have to say that we pass legislation on a regular basis in this place, in a slightly willy-nilly fashion in my opinion, and we seem to do it often on a sentiment—a worthy sentiment usually—but I would like to see more legislation come with some conditions attached, one of which would be a review of it afterwards to see whether it is meeting the objectives set out. That should be standard in all pieces of legislation. We just pass a piece of legislation and then that is it so far as most people are concerned. We then move on to the next thing and often nobody ever revisits to see whether it is working. In fact, when anyone is asked to justify anything, they often use the fact that they have passed a piece of legislation as their justification for having done something, regardless of whether or not it was effective. I would like to see this new clause added to many more pieces of legislation.

May I gently suggest that my hon. Friend is uncharacteristically proposing unnecessary bureaucracy? The reality is that if something were perceived to have gone wrong, he has shown himself to be well able to draw it to the attention of the House. Does he not agree that if such a matter needed to be ventilated in public, there is no doubt that that could be done fully and robustly?

My hon. Friend thinks that flattery is going to get him everywhere, but on this occasion I am not entirely sure that it will. It is very kind of him to say what he did, and—if I may reply in kind—no one is better than him at asking incisive questions and getting to the nub of things, particularly given his background. The problem is that we pass so much legislation in this place covering such a wide area that, no matter how good or bad any of us might be, we just cannot keep on top of it all. It is impossible to do that, and we sometimes need a prompt to remind us of the pieces of legislation that have gone through. I do not think it would do anyone any harm if a report came out that made them think, “Oh yes, I remember this piece of legislation. I’m interested in this one.” Even the best of us forget from time to time what legislation has been passed through this House.

I tend towards agreeing with my hon. Friend the Member for Shipley (Philip Davies) rather than with my hon. Friend the Member for Cheltenham (Alex Chalk) about this and about the importance of evaluation. For the benefit of the Minister who would have to compile the report, I think my hon. Friend the Member for Shipley is quite right to ask for a breakdown by parliamentary constituency, but would he also advise the Minister providing the report to provide a breakdown by host country of overseas electors, so that we could see whether our efforts to improve take-up were doing better in some countries than others? They might be going well in Spain but not so well in France, for example. Would my hon. Friend also welcome that information?

My hon. Friend makes a good point. I am certainly not going to disagree with him about that. However, I fear that he might have done untold damage to his career in this place by saying that he tended to agree with me rather than with my hon. Friend the Member for Cheltenham. I am sure that the Whip on duty is busy writing that down even as we speak, in order to thwart his attempts at getting promoted. He might need to say at some point that he did not really mean it. We can pretend that he never said it and move on, if that would be of benefit. I certainly would not encourage him to say it on a regular basis—that would be fatal—but I am grateful to him for his support.

I am sure the whole House will be relieved that I am not going to read out the whole of new clause 10, because it covers more than three pages and that could take some time. I will take it as read that people can see it for themselves. It is quite detailed, and it may or may not find favour with colleagues, but I am anxious to move on—