Elections Bill

With this it will be convenient to discuss the following:

Government new clause 12—Purposes referred to in section 39.

New clause 1—Voting from age 16 in parliamentary elections—

“In section 1(1)(d) of the Representation of the People Act 1983 (definition of voting age for parliamentary elections), for ‘18’ substitute ‘16’.”

This new clause would lower the voting age to 16 in UK parliamentary elections.

New clause 2—Permissible donors—

“(1) Section 54 (permissible donors) of PPERA is amended as follows.

(2) In subsection (2)(a), after ‘register’ insert ‘at the time at which the donation is made, but not an individual so registered as an overseas elector;”.

This new clause would prevent overseas electors donating to political parties in the UK.

New clause 3—Citizens’ assembly on electoral systems—

“(1) The Secretary of State must establish a citizens’ assembly representative of the population aged 16 and over to consider electoral systems in the United Kingdom.

(2) The Secretary of State must, for each category of election reformed by section 10 (Simple majority system to be used in elections for certain offices), provide to the assembly a report assessing the effects of the reforms on the matters in subsection (3).

(3) The matters are—

(a) voter engagement and understanding,

(b) electoral integrity,

(c) fairness and proportionality.

(4) A report under subsection (2) must be provided to the assembly no later than three months after the first election in each category of election after this section comes into force.

(5) The assembly must—

(a) consider the reports under subsection (2),

(b) consider other evidence relating to the matters in subsection (3).

(6) The assembly may make recommendations for legislative or policy change, including for parliamentary elections.”

New clause 4—Automatic Voter Registration—

“(1) It is a duty of—

(a) the Secretary of State; and

(b) registration officers

to take all reasonable steps to ensure that persons eligible to register to vote in elections in the United Kingdom are so registered.

(2) The Secretary of State must by regulations require public bodies to provide information to registration officers in accordance with the duty under subsection (1).

(3) Regulations under subsection (2) must apply to public bodies including but not limited to—

(a) HM Revenue and Customs;

(b) the Driver and Vehicle Licensing Agency;

(c) the National Health Service;

(d) NHS Scotland;

(e) all types of state funded schools;

(f) local authorities;

(g) the Department for Work and Pensions;

(h) HM Passport Office;

(i) police forces;

(j) the TV Licensing Authority.

(4) Registration officers must—

(a) use the information provided under regulations under subsection (2) to register otherwise unregistered persons on the appropriate electoral register or registers, or

(b) if the information provided does not contain all information necessary to register a person who may be eligible, contact that person for the purpose of obtaining the required information to establish whether they are eligible to register and, if so, register them on the appropriate electoral register or registers.

(5) If a registration officer has registered a person under subsection (4), the officer must notify that person within 30 days and give that person an opportunity to correct any mistaken information.

(6) The Secretary of State may issue guidance to registration officers on fulfilling their duties under this section.

(7) Where a person is registered under subsection (4), that person shall be omitted from the edited register unless that person notifies the registration officer to the contrary.

(8) Nothing in this section affects entitlement to register to vote anonymously.”

New clause 5—Voting by convicted persons sentenced to terms of 12 months or less—

“In section 3(1A) (exceptions to the disenfranchisement of prisoners) of the Representation of the People Act 1983, after ‘Scotland’ insert ‘or a parliamentary election’.”

This new clause would allow prisoners serving a sentence of 12 months or less to vote in UK parliamentary elections.

New clause 6—Voting by qualifying foreign nationals—

“In section 1(1) (entitlement to vote in parliamentary elections) of the Representation of the People Act 1983, for paragraph (c) substitute—

‘(c) is a Commonwealth citizen, a citizen of the Republic of Ireland or a qualifying foreign national; and’”.

This new clause would allow foreign nationals who either do not need leave to remain in the UK or have been granted such leave to vote in UK parliamentary elections.

New clause 7—Voting by EU nationals—

“In section 1(1) (entitlement to vote in parliamentary elections) of the Representation of the People Act 1983, for paragraph (c) substitute—

‘(c) is a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union; and’”.

This new clause would allow EU citizens to vote in UK parliamentary elections.

New clause 8—Fines for electoral offences—

“(1) The Political Parties, Elections and Referendums (Civil Sanctions) Order 2010 is amended as follows.

(2) In Schedule 1, paragraph 5, leave out ‘£20,000’ and insert ‘£500,000, or 5% of the total spend by the organisation or individual being penalised in the election to which the offence relates, whichever is greater’.”

This new clause would allow the Electoral Commission to impose increased fines for electoral offences.

New clause 9—Permissible donors to be based in the United Kingdom and associated offences—

“(1) Section 54 of PPERA (permissible donors) is amended in accordance with subsections (2) to (5).

(2) At the end of subsection (2)(a), insert ‘ordinarily resident in the United Kingdom, and domiciled in the United Kingdom for purposes of individual taxation.’

(3) After subsection (2)(b)(ii) insert—

‘(iii) employing a majority of its staff at locations within the United Kingdom, and

(iv) employing at least five staff within the United Kingdom’.

(4) At the end of subsection (2)(f), insert ‘has a majority of partners who are on a UK electoral register, are ordinarily resident in the United Kingdom and are domiciled in the United Kingdom for purposes of individual taxation, employs a majority of its staff at locations within the United Kingdom, and employs at least five staff within the United Kingdom.’

(5) At the end of subsection (2)(h), insert ‘has a majority of those persons with significant control who are on a UK electoral register, are ordinarily resident in the United Kingdom and are domiciled in the United Kingdom for purposes of individual taxation, and also either employs no staff at all, or employs a majority of its staff at locations within the United Kingdom.’

(6) Section 61 of PPERA (offences concerned with evasion of restrictions on donations) is amended in accordance with subsection (7).

(7) After subsection (2) insert—

‘(3) A person commits an offence if they are a director of a company, hold a position of significant control in an unincorporated association, or are a partner in a limited liability partnership, and that company, association or partnership—

(a) is not a permissible donor and offers a donation to a political party (whether the donation is accepted or not), or

(b) commits, or otherwise causes to be committed, an act which were the body be a person, would be an offence under subsection (1) or (2).’”

This new clause makes requirements for individual and company donors to be based in the United Kingdom and makes persons running companies liable for donation restriction evasion offences committed by those companies.

New clause 10—Removal of requirement for election agent’s address to be published—

“(1) The Representation of the People Act 1983 is amended as follows.

(2) In section 67 (appointment of election agent), after subsection (6) insert—

‘(6A) Though if the candidate or the person acting on behalf of the candidate under this section provides a statement signed by the candidate that the candidate requires the address of the election agent not to be made public and instead states the relevant area within which that address is situated, the public notice under subsection (6) should state that relevant area rather than the address.

(6B) In this section, “relevant area” means—

(a) for a parliamentary election, the constituency,

(b) for an Authority election, the Assembly constituency,

(c) for any other local election, local government area, or

(d) if the address is outside the United Kingdom, the country within which it is situated.’”

This new clause would remove the requirement for public notice of the addresses of election agents (including candidates acting as their own agent) to be given at parliamentary and local elections. The area in which the address is situated could instead be given, as for candidates.

New clause 13—Proportional representation for elections to the House of Commons—

“(1) The simple majority system must not be used for any Parliamentary general election after the end of the period of six months beginning on the day on which this Act is passed.

(2) The Secretary of State must take all reasonable steps to establish a new proportional representation system of election for Members of the House of Commons that would be expected to result in seats being held by each party roughly reflecting the proportion of votes cast for candidates of that party at the preceding general election.

(3) A system is suitable for the purposes of subsection (2) if it would over the past five Parliamentary general elections have had a mean average Gallagher proportionality index of less than 10.

(4) The Secretary of State may by regulations make provision (which may include provision amending any enactment) contingent on the prohibition in subsection (1).”

This new clause would abolish first past the post for UK general elections and require the Government to take all reasonable steps to introduce proportional representation.

New clause 14—Enfranchisement of certain foreign nationals at parliamentary elections—

“(1) Section 1(1) (entitlement to vote in parliamentary elections) of the Representation of the People Act 1983 is amended as follows.

(2) In paragraph (c), after ‘Ireland’ insert—

‘or a foreign national who has—

(i) the right of abode in the United Kingdom;

(ii) settled status under the EU Settlement Scheme;

(iii) indefinite leave to enter the United Kingdom; or

(iv) indefinite leave to remain in the United Kingdom.’”

New clause 15—Prohibition of double registration—

“In section 4 of the Representation of the People Act 1983 (Entitlement to be registered as parliamentary or local government elector), after subsection (1) insert—

‘(1A) A person is only entitled to be registered at one address within the United Kingdom at any one time.’”

This new clause seeks to provide an additional check and balance against double voting in UK Parliamentary elections.

New clause 16—Restrictions on foreign and foreign-influenced donations—

“(1) PPERA is amended as follows.

(2) In section 54(1) (circumstances in which party may not accept donation), after paragraph (aa) insert—

‘(ab) the party has not been given a declaration as required by section 54C; or’.

(3) In section 54(2) (permissible donors), in paragraph (b)(ii), for ‘carries on business in the United Kingdom’ substitute—

‘satisfies the condition set out in subsection (2ZAA)’.

(4) After section 54(2ZA) insert—

‘(2ZAA) The condition referred to in subsection (2)(b)(ii) is that the company or limited liability partnership’s profits generated and taxable within the United Kingdom over the previous 12 months are greater than the value of the donation given.’

(5) After section 54B (declaration as to whether residence etc condition satisfied), insert—

‘54C Declaration as to whether profit condition is satisfied

(1) A company or limited liability partnership making to a registered party a donation in relation to which the condition set out in section 54(2ZAA) applies must give to the party a written declaration stating whether or not the company or limited liability partnership satisfies that condition.

(2) A declaration under this section must also state the company or limited liability partnership’s full name, address and registration number.

(3) A person who knowingly or recklessly makes a false declaration under this section commits an offence.

(4) The Commission may issue a notice to a person to provide accounts for the purpose of verifying whether a declaration made under this section is accurate.

(5) A person who fails to comply with a notice under subsection (4) commits an offence.

(6) The Secretary of State may by regulations make provision requiring a declaration under this section to be retained for a specified period.

(7) The requirement in subsection (1) does not apply where, by reason of section 71B(1)(b), the entity by whom the donation would be made is a permissible donor in relation to the donation at the time of its receipt by the party.

(8) For the purposes of the following provisions, references in this section to receipt by a registered party should be read instead as follows—

(a) for a relevant donation controlled under Schedule 7, receipt by the regulated donee;

(b) for a relevant donation controlled under Schedule 11, receipt by the recognised third party;

(c) for a relevant donation controlled under Schedule 15, receipt by the permitted participant;

(d) for a relevant donation controlled under Schedule 2A of the Representation of the People Act 1983, receipt by the candidate or the candidate’s election agent.’

(6) After section 55 (payments etc. which are (or are not) to be treated as donations by permissible donors), insert—

‘55A Donations and national security risk

(1) The Commission may give a notice (“a call-in notice”) if the Commission reasonably suspects that a qualifying donation has given rise to or may give rise to a risk to national security in relation to electoral integrity.

(2) If the Commission decides to give a call-in notice, the notice must be given to—

(a) the person who made the donation,

(b) the party that received the donation,

(c) the Secretary of State, and

(d) such other persons as the Commission considers appropriate.

(3) When assessing whether a donation has given or may give rise to a risk to national security in relation to electoral integrity, Commission must consider the characteristics of the person who made the donation, including—

(a) their sector or sectors of commercial activity or holdings,

(b) their technological capabilities,

(c) any links to entities which may seek to undermine or threaten the interests of the United Kingdom, including the integrity of its elections,

(d) their ultimate controller, or if they can be readily exploited, (e) whether the acquirer they, or their ultimate controller, has committed, or is linked to, criminal or illicit activities that are related to national security, or activities that have given rise to or may give rise to a risk to national security.

(4) In this section, a “qualifying donation” is a donation of an amount exceeding £25,000.

(5) The Commission may, in relation to the Commission’s functions under this section, issue a notice to a person to—

(a) provide information, or

(b) attend, or

(c) give evidence as if such a notice was a notice under section 19 or 20 of the National Security and Investment Act 2021.

(6) A person who fails to comply with a notice under subsection (5) commits an offence.

(7) In this section, “assessment period” in relation to a call-in notice under this section has the same meaning as in section 23 of National Security and Investment Act 2021 in relation to a call-in notice under that Act.

(8) The Commission must, before the end of the assessment period in relation to a call-in notice—

(a) make a final order, or

(b) give a final notification to each person to whom the call-in notice was given.

(9) The Commission may, during the assessment period, make a final order if the Commission—

(a) is satisfied, on the balance of probabilities, that the qualifying donation to which the call-in notice applies has given rise to or may give rise to a risk to national security in relation to electoral integrity, and

(b) reasonably considers that the provisions of the order are necessary and proportionate for the purpose of preventing, remedying or mitigating the risk.

(10) During the assessment period, the Commission may make an interim order in relation to a qualifying donation if the Commission reasonably considers that the provisions of the order are necessary and proportionate for the purpose of safeguarding electoral integrity during that period.

(11) An order under subsection (9) or (10) may—

(a) require a donation to be held unspent for a period as may be prescribed in the order,

(b) require a donation to be refused,

(c) require a donation to be returned, or

(d) prohibit the acceptance of any donation by any registered party from the person who made the donation to which the call-in notice applies, or from a prescribed person or category of person connected to that person, for a period as may be prescribed in the order.

(12) The Commission must keep each order under review and may vary or revoke it.’

(7) In section 156 (orders and regulations)—

(a) in subsection (3), before paragraph (a) insert—

‘(za) any order under section 55A;’;

(b) after subsection (4D) insert—

‘(4E) Subsection (2) does not apply to regulations under section 54C and regulations may not be made under that section unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.’

(8) In Schedule 20 (penalties), at the appropriate places insert the following entries—

This new clause is intended to provide safeguards against the risks of foreign influence in UK elections flagged by the Intelligence and Security Select Committee in its report on Russia, ordered to be printed on 21 July 2020 (HC 632).

New clause 17—Publication of candidates’ home address information—

“(1) The Representation of the People Act 1983 is amended as follows.

(2) In Schedule 1, paragraph 6(5)(b), after ‘constituency’ insert ‘, or town or village,’.”

This new clause would allow candidates who do not wish their full home address to be published the option (as an alternative to giving the constituency of their home address) of providing the town or village within which that address is situated. That information would then be published on the returning officer’s statement of persons nominated by virtue of Rule 14(3A).

New clause 18—Unincorporated associations and permissible donors—

“(1) An unincorporated association required to notify the Electoral Commission of political contributions by paragraph 1 of Schedule 19A to PPERA must make permissibility checks on donations to the unincorporated association in accordance with subsection (2).

(2) An unincorporated association must take all reasonable steps to establish whether the donor of a relevant donation is a permissible donor under section 54 of PPERA.

(3) In this section, a ‘relevant donation’ is any donation which is either intended for political purposes or might reasonably be assumed to be for political purposes.

(4) An unincorporated association must not accept a relevant donation from a person who is not a permissible donor.”

This new clause requires unincorporated associations to establish whether a person making a donation for political purposes is a permissible donor and, if not, reject that donation.

Amendment 1, page 1, line 4, leave out clause 1.

This amendment would remove the Voter ID provisions.

Amendment 126, in clause 3, page 2, line 25, leave out “dishonestly”.

This amendment probes the necessity of adding a further test of dishonesty to the defence in subsection (4) of the inserted provision 112A.

Amendment 2, in clause 8, page 11, leave out lines 20 to 31 and insert—

“(a) in paragraph (3A)(b), for ‘a device’ substitute ‘equipment’;

(b) after paragraph (3A)(b) insert—

‘(c) such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote in the manner directed by rule 37.’;

(c) after paragraph (3A) insert—

‘(3B) In paragraph (3A)(c), “relevant persons” means persons who find it difficult or impossible to vote in the manner directed by rule 37 because of a disability.’”

This amendment would retain the requirement for returning officers to make specific provision at polling stations to enable voters who are blind or partially-sighted to vote without any need for assistance from the presiding officer or any companion and change the nature of that provision from “a device” to “equipment”.

Amendment 9, page 20, line 19, leave out clause 13.

Amendment 4, in clause 13, page 22, line 19, at end insert—

“(4A) The Secretary of State may not designate the statement under section 4A unless the Scottish Parliament has, before the end of the 40-day period, passed a motion of the form ‘That the Parliament approves the draft Electoral Commission strategy and policy statement so far as it relates to the Commission’s devolved Scottish functions’.”

This amendment would require the Scottish Parliament to approve an Electoral Commission strategy and policy statement so far as it relates to the Commission’s devolved Scottish functions before the strategy could have effect.

Amendment 127, page 22, line 19, at end insert—

“(4A) The Secretary of State may not designate the statement under section 4A unless Senedd Cymru has, before the end of the 40-day period, passed a motion of the form ‘That Senedd Cymru approves the draft Electoral Commission strategy and policy statement so far as it relates to the Commission’s devolved Welsh functions’.”

This amendment would require Senedd Cymru to approve an Electoral Commission strategy and policy statement so far as it relates to the Commission’s devolved Welsh functions before the strategy could have effect.

Amendment 10, page 25, line 20, leave out clause 14.

Government amendments 13 to 17.

Amendment 11, page 33, line 2, leave out clause 23.

Amendment 12, page 34, line 19, leave out clause 24,

Amendment 3, page 37, line 5, leave out clause 26.

This amendment would remove the provisions relating to joint campaigning by registered parties and third parties.

Government amendments 18 to 52.

Government new schedule 1—Power to make regulations about registration, absent voting and other matters.

Amendment 5, page 65, line 2, leave out schedule 1.

This amendment is consequential on Amendment 1.

Government amendments 53 to 124.