My Lords, in our manifesto, the Government committed to removing the 15-year limit on voting rights for overseas electors and we are delivering on that promise. Last year, Parliament passed the Elections Act, resolving to extend the franchise to all British citizens, including eligible Irish citizens, living overseas who were either previously registered to vote in the UK or were previously resident in the UK. The two statutory instruments we are debating flow from that Act.
If approved by Parliament, together, these instruments will make necessary changes, as well as improvements, to electoral registration processes across the UK from 16 January 2024 to coincide with the commencement of the franchise change. To ensure the registration processes are workable for applicants and for administrators, we have worked closely with delivery partners and stakeholders across the electoral sector and have engaged with representatives of British citizens overseas on the design of the process. We have created a process that ensures that our democracy remains secure, fair, modern and transparent.
I will start by outlining the changes these instruments make to the registration application process to enable overseas electors to apply, and to enable electoral registration officers in Great Britain and the chief electoral officer in Northern Ireland to determine their eligibility under these new criteria. These instruments ensure that there are robust processes to verify an applicant’s identity and establish their eligibility to register at their qualifying UK address.
The Elections Act 2022 established two conditions for registering to vote as an overseas elector. Going forward, an individual can apply under the previous registration condition or, if never registered, the previous residence condition. Applicants who have previously registered to vote in the UK should apply in respect of the address where they were last registered, under the previous registration condition. For the first time, applicants previously resident in the UK, but who never registered to vote, can apply in respect of the address where they were last resident, under the previous residence condition. Applicants will, as now, be required to complete a declaration as part of their application. These instruments update the declaration requirements to reflect the new eligibility criteria. When determining an application, electoral registration officers must check and be satisfied of the applicant’s identity and connection to their qualifying previous UK address.
To check the applicant’s identity, as now, the applicant’s national insurance number will be data-matched by DWP. Digital improvements mean that this process will be quicker than the current identity checks. Where an applicant cannot provide a national insurance number, or this cannot be matched, they will be able to provide documentary evidence. This new step, introduced by the instrument for Great Britain, brings the process into alignment with existing practice, maintains integrity and eases the administrative burden on applicants and administrators by reducing recourse to attestations. As now, an attestation from a qualified elector—that is, a statement from a UK-registered elector who is not a close relative—may be used to verify an applicant’s identity where verification by documentary evidence is not possible. To verify an applicant’s connection to their qualifying address, as now, in most cases, electoral registration officers will be able to rely on checks against previous electoral registers. Registers are typically held for 15 years, and we expect they will be retained for longer in future.
5:30 pm
The Government absolutely recognise that, despite this, there is a risk that some people, whether they live in the UK or overseas, will try to evade the rules. That is why we recently strengthened those rules by creating specific offences for foreign interference in elections in the National Security Act 2023. The Government have given the Electoral Commission more information-sharing powers to access Companies House information, under the Economic Crime and Corporate Transparency Act 2023.
Overseas electors are important participants in our democracy, and it is only right that they should be able to make donations to political parties in Great Britain in the same way as other citizens registered on the electoral roll in Great Britain. The rules are the same for all electors. I beg to move.
At end insert “but that this House regrets that the draft Regulations could dangerously weaken the restrictions on overseas political donations and allow foreign money to enter British democracy”.
My Lords, I thank the Minister for her introduction. These regulations implement the provisions of the Elections Act to remove restrictions on overseas electors. Overseas voting provides an important link for British citizens across the world. On these Benches, we are clear that those who have a strong connection to this country and their community should still have a say in how they are run. We do not oppose the principle of overseas voting and giving citizens who still have a strong connection to the UK a voice in our elections. That includes people who still have a strong connection to our local services and communities. But we need to consider this carefully and look at the potential impact on our democracy.
By repealing the 15-year residency limit, former residents who are now living abroad will be able to vote regardless of how long ago they left the UK. I am proud to have represented the community and region I grew up in as a Member of the European Parliament. Like many honourable Members in the other place, I know how important it is that those who live in our area, pay their taxes and are part of the community feel represented. As much as we support the rights of overseas voters, it would be wrong if people with little connection to this country—who may have moved a long time ago and not used any services or paid any taxes in decades—diminished the voices of constituents across the United Kingdom. We must consider how we strike a balance in our rules. There are voters who still feel a connection to the UK despite moving away 30, 40 or more years ago. But the policy of removing the cap on this important principle will undermine the balance between enfranchising those people and maintaining integrity in our democracy.
Although we do not think that there is a moral disagreement about some of the issues with votes for life, I fear that the risk of abuse of the system proposed by the Government is far too great. The registration rules proposed mean that some overseas voters require only the attestation of the identity and past location of another overseas voter. We understand that it may be difficult for legitimate overseas voters to verify their identity, but there seems to be a risk of manipulation of the system to allow those eligible for the scheme to have their pick of which seats they want to vote in.
My Lords, there are real concerns about these measures. They include the security of our electoral processes, the risk of undermining confidence in them and, above all, our elections being bought by dark money and illegitimate foreign interference. That is why we support the amendment in the name of the noble Lord, Lord Khan of Burnley.
All parties agree on the principle of UK citizens living overseas being able to vote for representatives in our Parliament, but these statutory instruments do not do much to help them. In the absence of a fixed-term Parliament, there is a very short timescale in our system for conducting a general election. It is really too short to enable many people living overseas to be able to return postal votes. We could have better addressed the issue of UK citizens living overseas through the creation of overseas constituencies, dedicated to representing their interests. They do this in many other countries, including France, Italy and Portugal. Countries such as the US and Australia allow a longer period, of up to a fortnight after polling stations have closed, for postal votes to be returned, enabling many more of their citizens living overseas to participate in their elections. When I raised such issues during the passage of the Elections Bill, the Government lacked interest. This failure means, for example, that members of our Armed Forces serving overseas, or British diplomats working in our embassies, will often remain unable to cast their votes in general elections.
What the Government are interested in is allowing many more donations to come from abroad, without any organisation in this country having any real capacity to verify the original sources of those donations. The absence of any cap on the size of donations will no doubt encourage more donations of, say, £5 million-plus to come from people whose real interests are not in this country. Why should a billionaire tax exile be able to fund a political party in the UK, and who knows where their money really comes from? The Government have clipped the wings of the previously independent Electoral Commission and made criminal enforcement of election finance laws significantly harder. I wonder why. I think perhaps we should be told.
5:45 pm
As the organisation Spotlight On Corruption says, we need the involvement of the National Crime Agency, with its broad national-level powers, specialist legal tools for tackling national security risks and money laundering, extensive overseas law enforcement network and close working relationship with MI5. The NCA has the ability to co-ordinate and lead criminal enforcement of the UK’s electoral laws, but it appears to have taken a back seat on the enforcement of electoral law breaches. I wonder why. I think we should be told.
We have to conclude that the overseas electors legislation is more about big donations from abroad than enabling UK citizens living overseas to cast a vote. Last month, the Government suddenly announced an increase in national party spending limits of 80%, allowing a party to spend up to £35 million in a general election year, even though no previous Government have seen the need to increase the national party limit at all, and Boris Johnson’s Government spent just £16 million in 2019. The reason for the new limits must in part be to allow for major new donations from abroad.
The statutory instruments before us expose serious inconsistencies in our approach to elections and to making them fair. They will allow overseas electors to have their identity vouched for by a currently registered voter when they sign up to vote. Voters living here can also register in this way, though the process is very rarely used in the UK. In theory, someone could have lived abroad for 50 years, with little evidence of where they used to vote, and a friend could vouch that they were telling the truth about their eligibility to cast their vote in a marginal seat and to make unlimited donations to a political party.
We are constantly applying double standards in our election laws, as the Government constantly change the rules in their favour. Since May this year, we have required very specific forms of photo ID at polling stations. This is simply a crude form of voter suppression, as Jacob Rees-Mogg recently admitted. In studying the effects of the photo ID rules, the Electoral Commission reported that:
“Around 4% of all non-voters said they didn’t vote because of the voter ID requirement”.
This barrier to voting could have been reduced significantly if, for example, a voter with the requisite photo ID was able to attest that another voter was who they say they are. This system works well in Canada, and the Electoral Commission recommended it here, but this Government will not have it. I wonder why. I think we should be told.
20 of 66 shown
Where register checks are not possible, this instrument enables several ways to verify an applicant’s connection to their qualifying address. This includes a DWP data match, checks against local records where available and the power for a registration officer to request several types of documentary evidence, originating from reputable sources—such as the UK Government, local authorities and banks—from the applicant. We have considered stakeholder feedback on documentary evidence available to overseas applicants and have provided flexibility in these measures while ensuring they retain integrity. An attestation from a qualified elector can also be used for qualifying address verification where documentary evidence is not possible. This is in close alignment with the process for verifying the identity of both overseas and domestic electors.
I turn now to the renewal process and absent voting arrangements. Currently, to stay registered, an overseas elector must reapply every year. This instrument implements a new fixed-point renewal process, which enables overseas electors to remain registered for up to three years. In Great Britain, overseas electors’ absent vote arrangements will also be tied to the registration renewal process, meaning that an overseas elector will be able to renew their registration and their absent vote arrangement at the same time. These changes will benefit the elector. Enabling an elector to maintain their registration and absent vote in this way means that, when a parliamentary election is called, the elector’s absent vote can be issued without delay.
This improved process will also support administrators to maintain the accuracy of registers, minimise time-consuming processes and reduce their workload in the run-up to an election. Registered overseas electors will be able to renew their declaration within the last six months of their current registration period. The instruments will ensure that overseas electors are made aware in good time when they need to renew. Electoral registration officers will be required to send a first renewal reminder after 1 July during the year in which an elector’s current registration period is due to expire, with a second reminder to follow a reasonable time thereafter, enabling registration officers to manage the process alongside their other responsibilities.
The instrument applying to Northern Ireland does not amend absent voting arrangements, as electors registered in Northern Ireland are automatically entitled to use proxy votes as part of the existing process.
These instruments maintain the integrity of registration processes, ensuring that electoral registration officers continue to register applicants only when satisfied as to their eligibility. We are setting strengthened requirements for attestors and applying a new limit to the number of individuals an attestor can attest. Within an electoral year, an attestor may in future provide identity attestations only for a maximum of two individuals and, separately, address attestations for up to two individuals. We believe this to be a necessary and proportionate measure that maintains integrity while ensuring accessibility for overseas applicants who can now be attested by any UK-registered elector, not just an overseas elector.
In addition to the changes I have just outlined, these instruments make further improvements to the registration process, making it easier and quicker for eligible overseas applicants by enabling electronic submission of information, including copies of documentary evidence. In some cases, these can be provided at the point of application to speed up the process. Overseas electors registering in Great Britain are also now able to apply for a postal or proxy vote online, following the introduction of the new online application services on 31 October 2023.
We continue to work closely with the sector, including the Association of Electoral Administrators and the Electoral Commission, in preparation for implementation; we will provide funding for additional costs incurred in line with the new burdens doctrine. We are also working closely with the Electoral Commission, which has the statutory responsibility to promote democratic engagement. The commission is undertaking a targeted communications campaign both to engage with British citizens overseas and to promote awareness through their friends and families. My department will work alongside other government departments, including the Foreign, Commonwealth and Development Office, to facilitate the commission’s plans for awareness raising and to amplify its activity through government communication channels where value can be added.
I will address the regret amendment tabled by the noble Lord, Lord Khan of Burnley. The Government strongly disagree with the notion that the draft measures for consideration today will weaken the existing robust system of checks that surrounds all political donations. UK electoral law already sets out a robust regime of donations controls to ensure that only those with a legitimate interest in UK elections can make political donations. The rules are very clear: political parties and other campaigners are required by law to undertake all reasonable steps to verify the permissibility of a donation within 30 days of receiving it, and prior to its acceptance. Donations that do not meet the established permissibility tests must be returned and reported to the Electoral Commission. There are also already provisions that explicitly prohibit money being funnelled through permissible donors on behalf of impermissible donors.
As Florence Eshalomi MP outlined in the other place, some 30 seats were decided by fewer than 1,000 votes at the last general election. While I am sure that very few will attempt to abuse the system in that way, it could have a large impact on marginal seats when votes are added up around the world. Can the Minister assure me that there will be additional safeguards to prevent fraud? I understand that there is a tight limit on attestation and that those attesting for another voter will need to sign a declaration of their truthfulness, which is right—but those measures may not be enough to prevent people trying to abuse the system in a way that could impact the next general election.
Can the Minister stipulate what robust processes will be in place to verify an applicant’s identity and establish their eligibility to register at their qualifying United Kingdom address? What support are the Government putting in place to enable electoral registration officers in Great Britain and the Chief Electoral Officer for Northern Ireland to determine their eligibility under these new criteria? The Government should also be more open about how much this change will cost, given that they confirmed to the Secondary Legislation Scrutiny Committee that there will be additional funding to cover the costs of registering new electors.
The new rules create a huge loophole in our donation laws. The current rules on UK donations mean that those who donate more than £500 must be on the electoral register. We must be honest and say that we cannot pretend that the current system is perfect, but it is an important safeguard against money flooding into our political system from foreign and hostile states. The Labour Front Bench first raised these concerns during the passage of the Elections Act, when my noble friend Lady Hayman of Ullock pointed out that the removal of the 15-year limit could create a loophole in donation law.
Furthermore, during debates on the National Security Bill, my noble friend Lord Coaker called for greater restrictions on political donations from overseas. In our current system, those on the register have a clear and recent link to the UK. We think that opening the electoral register as widely as the Government are doing today goes far beyond what our current donation rules were set up to do. It will allow those with tenuous links to the UK, who have spent most of their lives in states that may even be openly hostile to our aims, the right to massively influence our system. The reality is that it will be impossible to ensure that the huge numbers of potential donors in our system are not vulnerable to manipulation by hostile actors. There is already clear evidence of attempts by these actors to influence UK democracy, as we have seen in recent days. It will also make enforcement of our rules much harder, given the difficulties that we may face in challenging those who fall foul of donation laws while living in another jurisdiction. The Government know the risks that those hostile actors pose to the UK and our allies. Just this year, we saw the attack on Britain’s Electoral Commission. Has the Minister met with it following this incident?
This Government should instead look to proposals made by the Electoral Commission, which recommended introducing new duties on parties to enhance due diligence and the risk assessment of donations. Louise Edwards, a director at the Electoral Commission, recently commented that the current levels of transparency around donations are “not enough”. The Electoral Commission has called for more laws to help protect parties from those who seek to evade the law, as well as more checks on the identity of donors. It is beyond belief that the Government are seeking to risk opening our system at such a critical time for our world. What would a political party do if, for instance, it were offered a donation of £50,000 by somebody who lives and works in Moscow today? Will the Government introduce a new requirement on political parties to do proper checks on the source of funds?
Changes to the Electoral Commission’s powers under the Elections Act 2022 have left the UK without any body responsible for criminal enforcement of election finance laws. I particularly press the Minister on the fact that no one agency now has enforcement powers over electoral law. Do the Government consider it appropriate for the National Crime Agency to take these powers? If so, will they implement that without further delay? If not, is a department fulfilling this role?
I know that there are British citizens who still feel a connection to the UK, and they will welcome this rule change, but it will also be welcomed by those who want to undermine our democracy and funnel money into our politics. We must not allow that to happen. We must strike the right balance to empower voters without enabling undue influence, but I am afraid that these regulations go nowhere near far enough to do that. Unfortunately, the Government have refused to implement any effective safeguards and have instead brought forward these regulations. I further probe the Minister on how the Government propose to monitor the impact of these new rules. Will they publish regular reviews or statements on the number of new overseas voters? If so, will this include how many have used the attestation route to register? How will we get notified of the number and value of donations made by overseas voters?
The ability to make political donations is dependent on the right to vote, so the change would allow substantially more overseas donations, particularly where the attestation of identity is open to more abuse. We express concern that the changes could dangerously weaken the restrictions on overseas political donations and allow foreign money to enter British democracy. We have therefore tabled this amendment to register our concerns, as this entirely unnecessary risk creates problems for our elections and our democracy. At a time of global instability and significant evidence of hostile states seeking to interfere in UK politics, as well as a lack of public confidence in our political institutions, now is the time to enhance our safeguards, not dismantle them. I hope the noble Baroness, Lady Penn, and the department will think again, and that all noble Lords will support our amendment to the Motion today. I beg to move.
Political parties themselves have very little capacity to scrutinise overseas bank accounts, or to inspect the accounts of companies operating overseas, even if they want to. Earlier this year, the Government rejected an amendment to the then National Security Bill which would have insisted on greater scrutiny of the original sources of donations to parties. I wonder why. The chair of the Intelligence and Security Committee, Julian Lewis, supported such an amendment, saying that
“the UK has clearly welcomed Russian money, including in the political sphere … We must protect against covert, foreign state-backed financial donations if we are to defend our democratic institutions from harmful interference and influence”.—[Official Report, Commons, 3/5/23; col. 132.]
But this Government did not want our democracy to have that protection. I wonder why. I think perhaps we should be told.