My Lords, this House can spend a great deal of time discussing the meaning of a single word. Words such as “may” or “must” have great significance in law, and today we are debating the difference between compulsory “photo identification” and just “voter identification”. We are debating the word “photo”.
It is important for many people because voter identification was in the 2019 Conservative Party manifesto, while “photo identification” was not, and manifesto commitments may be treated differently by Members of the House. In Committee the Government’s position appeared to be that the word “photo” was irrelevant or that whoever wrote their manifesto was careless and used sloppy wording, but the Government know the difference between “photo ID” and “voter ID”.
How do we know that for certain? Because the Government specifically legislated for different forms of ID requirement when they introduced pilot schemes in 15 local authority areas in 2018 and 2019. In the 2019 pilots, the Government legislated for different
rules in 10 different authorities. In two areas people had to show a specified form of photo ID. In five areas they could choose to show either a specified form of photo ID or two pieces of specified non-photo ID. In three areas people could show either their poll card, which does not have a photo, or a specified form of photo ID. So the Government understand the difference between different forms of voter ID, including those which require a photo and those which do not. Their manifesto did not mention “photo”.
As the highly regarded expert from the Electoral Integrity Project, Professor Toby James, pointed out on Twitter the other day, the fact that the manifesto did not specify photo ID means that we should “allow non-photographic” ID as in many other countries, or allow those without the requisite ID at the time to be vouched for by someone accompanying them who does have it, as in Canada.
Many of the references made by Ministers to photo ID in other countries have been very misleading. That is because everybody already has a compulsory national ID card in almost all the rest of Europe, so there is no extra barrier to voting by requiring one to be presented at a polling station there.
It is ironic that, as the noble Lord, Lord Foulkes, has just pointed out, one of the main reasons we do not have national ID cards in the UK is because Conservative Members of this House opposed attempts by the Blair Government to introduce them on the grounds that they were not specifically mentioned in the Labour manifesto. What is sauce for the goose is sauce for the gander. National ID cards were not in the Labour manifesto, so this House blocked their introduction. Compulsory photo ID at polling stations was not in the Conservative manifesto, so the Government’s attempt to abuse their majority in the other place to change election rules should be prevented here.
In Committee the noble Lord, Lord Willetts, highlighted what the former chair of the Conservative Party, the noble Lord, Lord Pickles, said in the report which the Government commissioned from him—that
“The Government should consider the options for electors to have to produce personal identification before voting at polling stations. There is no need to be over elaborate … measures should enhance public confidence and be proportional. A driving licence, passport or utility bills”.—[Official Report, 21/3/22; col. 695.]
Utility bills do not have photos.
There is, however, one form of voter ID eminently suitable for the purpose—the official poll card. Making poll cards an acceptable form of ID is proposed in both Amendments 6 and 7, and these amendments are both compatible with Amendment 8, which includes many other forms of possible ID. A polling card is issued to every voter by electoral registration officers. Anyone impersonating a voter would not just have to expose themselves to risk at the polling station, but they would have to steal the poll card as well prior to going to vote. If a polling card was stolen, a replacement could be issued, and a note made to question anyone turning up at a polling station with the original poll card.
In the pilots in 2018, poll cards were allowed in both Swindon and Watford. In Swindon, 95% of voters used their poll card, 4% their driving licence and 3% their passport. In Watford, 87% used their poll card, 8% their driving licence and 3% their debit card. Altogether across
the two local authority areas, 69 replacement poll cards had to be issued. In Swindon a vouching or attestation scheme was also used, and 107 voters used this option.
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There were more pilots in 2019, three of which accepted poll cards. In those three areas, 93% of people used their poll cards, 5% their driving licence, and 1% their passport. Using the existing poll card avoids any additional cost. The pilots also showed that adding QR codes to poll cards was, in some cases, unnecessary, more expensive and less secure. So, the existing poll card, with other forms of ID as set out in Amendment 8, and a vouching system will do the job well.
We know from multiple sources, including the Joseph Rowntree Foundation and the Runnymede Trust, that those without the requisite photo ID proposed are most likely to be the most deprived in the country and from diverse communities. We know that the groups most in need of a new form of photo ID are also the groups who are hardest to get on the electoral register in the first place. Putting another unnecessary barrier in the way of them taking part in the democratic process is at least open to suggestions of voter suppression.
There have been several references in our debates to Northern Ireland. I will not repeat them, but there, in 1983, there was a clear case of multiple voter fraud and the Government acted. As the noble Lord, Lord Woolley, has pointed out, in an electorate 20 times as large, and in two sets of elections, there was only one such conviction in Great Britain, showing that there is simply no case.
The Government even accept that photo ID may be acceptable at the polling station even if the photo is not recognisable, so what is the point of requiring photo ID at all? Non-photo ID would be sufficient and proportional to deal with any perceived threat of election fraud. The Government should concede that they have consistently failed, at every stage of this Bill, to show that there is any real evidence of a significant level of fraud at polling stations. They have failed even in trying to assess the scale of any problem with personation, as was powerfully demonstrated by my noble friend Lord Scriven in Committee. Spending £180 million over the next 10 years to address this potential problem is unnecessary and disproportionate.