UK Parliament / Open data

Elections Bill

Proceeding contribution from Jerome Mayhew (Conservative) in the House of Commons on Monday, 17 January 2022. It occurred during Debate on bills on Elections Bill.

We will have to agree to disagree on that because there was very lively debate in Committee.

I have made a number of interventions, so I will keep my comments short and on only two points. First, on new clause 1 and voter ID, others have spoken movingly—both in evidence to the Bill Committee and this evening—about the impact of voter fraud and the need to take reasonable steps to minimise it. The first step is voter ID, and I fully support what the Government suggest on photographic ID, but for that to be effective, the second step is to have prosecution where evidence is established that a crime has been committed. Much of the evidence that the Committee heard was frustration that the police or the Electoral Commission did not take allegations of fraud sufficiently seriously and bring them before a tribunal.

That brings me to clause 13, which deals with the Electoral Commission’s assumed power to become a prosecution body in its own right. I am very glad that the Government have taken this opportunity to re-establish the status quo, which should be that the police and the CPS are the relevant prosecuting authorities, in part because of the obvious conflict of interest. The Electoral Commission is the body that provides advice and guidance on electoral law. If it then takes off its regulatory hat and puts on its prosecuting hat, it is marking its own homework, which is a clear conflict of interest.

A wider point about the prosecution of crimes in this country, and one that was picked up by the Law Commission recently, is about a move away from what are described as “private prosecutions”, including by the Post Office—we need only mention the Horizon scandal to see why it is clearly wrong for the Post Office

to be its own prosecuting authority—and, in my submission, the Care Quality Commission, which I know the Law Commission is looking at. We should move the power of prosecution and responsibility of prosecution away from those private prosecuting bodies and to the CPS and the police.

There is one message that I would like the Minister to take away and think seriously about. It is all fine and well for us to make the laws in this place, but if they are not taken seriously and investigated seriously by the police, leading to prosecutions where the evidence passes the evidential test, we are on a hiding to nothing.

In much of the evidence that came out in the evidence sessions in Committee, and in the experiences of hon. Members on both sides of the House, there was a huge degree of frustration that allegations of electoral fraud were not taken seriously by the police, who seemed embarrassed and unwilling to get into what was seemingly a political area. Instead, the police should realise that the full implementation of our electoral rules is incredibly important and that the defence of our democracy requires them to take those rules seriously.

8.45 pm

The only other point that I have time to mention relates to new clause 17, tabled by my hon. Friend the Member for Bosworth (Dr Evans), and to which I was proud to put my name. It is only a probing amendment, but it is very sensible and I support the intention behind it. The personal security of electoral candidates, no matter their political colour, is all too relevant in the modern era.

We always talk about electoral participation, but we also want to encourage participation among candidates. We should take steps to remove any barrier to people saying, “Yeah, I’m going to get involved. I’m going to be a candidate.” The proposal would still demonstrate locality but would protect candidates from the Hobson’s choice of being outside the constituency, albeit by 100 yards, or having to display their full postal address. I would be grateful if the Government took away that point and thought about it. This is a strong Bill that deals with thorny and important issues head-on and I fully support it.

About this proceeding contribution

Reference

707 cc118-9 

Session

2021-22

Chamber / Committee

House of Commons chamber
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