My Lords, in moving Amendment 1, I shall speak also to my Amendments 2, 3 and 4. I am pleased to say that the Government are supporting the Bill introduced by my noble friend Lord Hayward. In doing so, we have tabled Amendments 1 to 4 to address issues with the drafting of the Bill, to ensure that the provisions are proportionate and to avoid any unintended consequences. The Government have worked with my noble friend in preparing the amendments and I am grateful for his support and expertise in resolving these matters.
My noble friend’s Bill arises from concerns over so-called family voting; that is, family members accompanying voters into a polling booth in a polling station for the apparent purpose of influencing or guiding how they cast their vote. I draw noble Lords’ attention to the report published by Democracy Volunteers on the May 2022 elections, which highlighted instances of this practice. It was reported that staff in polling stations were reluctant to intervene when they saw it occurring. These findings are clearly a cause for concern.
We have listened to the concerns raised by noble Lords on this issue at Second Reading. The Government share these concerns and are committed to safeguarding our democracy against those who would harm it. We consider it important to ensure that there is clarity in the law on this issue, and that presiding officers in polling stations have confidence to challenge inappropriate behaviour where it occurs.
I will now set out the details of changes made by the amendments. Amendment 1 proposes a new clause which replaces the current Clause 1 and makes changes
to the wording of the offence provisions in the Bill as currently drafted. Under the new clause, a person would commit an offence if they are with a voter in a polling booth and/or are near a polling booth when that voter is in that booth, with the intent of influencing that person to vote in a particular way or to refrain from voting.
The amendments are drafted to avoid the offence criminalising innocent behaviour, particularly where two voters are in a polling booth but only one intends to influence the other. By adding the requirement for intent, the offence as amended would capture the would-be offender and avoid capturing the victim. The amended clause provides that a formal companion who has completed the necessary paperwork, or a presiding officer assisting a disabled voter, would not be subject to the offence when acting in that capacity. This gives reassurance that disabled voters will continue to be able to have assistance when voting, where necessary.
The offences in the current draft of the Bill are described as “corrupt practice” and the penalties for them are out of step with those for existing secrecy offences in electoral law. The amendments therefore provide that a person found guilty of the offence on summary conviction will be liable to up to six months in prison or a fine, or both, creating consistency across legislation. The amendments remove from the Bill the exemption from the offence for persons aged under 18. The offence would apply if a person above the age of criminal responsibility seeks to influence a voter. I reassure noble Lords that the approach being taken is consistent with the drafting of other electoral offences and does not prevent a child accompanying a parent into a polling station.
The amendments provide that the measures apply to UK parliamentary elections and local elections in England. Under the amendments, the Bill will not now apply to local elections in Scotland and Wales, which are the responsibility of the devolved Administrations in Scotland and Wales, but we are making the devolved Administrations aware of our plans to update the law in this area and will encourage them to consider taking similar steps in relation to their own elections.
Amendment 2 introduces a new clause that applies the offence provisions to local elections in Northern Ireland and elections to the Northern Ireland Assembly. These elections are excepted matters and outside the competence of the Northern Ireland Assembly, and the Government consider that the new offences should apply also to these polls.
Amendment 3 makes necessary changes to Clause 2. In particular, it provides that the measures in the Bill will come into force on such a day or days to be set in regulations by the Secretary of State. This will ensure that there is sufficient time for Electoral Commission guidance to be updated and polling station officials to have training on the new offence before it comes into force.
Amendment 4 amends the Long Title of the Bill to align it with the provision made by the Bill as amended.
In conclusion, it is of fundamental importance to our democracy that voters are able to vote in secret without being coerced or having the threat of coercion. It is the Government’s view that the effect of the Bill as amended, once commenced, in combination with the
existing law, is to empower presiding officers to deal with suspected offences under the Bill. This means that presiding officers will be able to ensure that voters are accompanied only by appointed companions acting in accordance with rule 39 of the parliamentary elections rules and the equivalent rules for other elections covered by the Bill, or by children under the supervision of the voter, and not by persons who may intend to influence the voter’s vote or infringe the voter’s right to vote in secret. I urge noble Lords to support these necessary amendments and I beg to move.
2 pm