My Lords, in moving this Motion, I will also speak to the Representation of the People and Recall Petition (Northern Ireland) (Amendment) Regulations 2023 and the Local Elections (Northern Ireland) Order 2023. I ask that the three statutory instruments, laid before the House on 6 July and 4 September, be approved. The changes set out in these instruments deliver on our manifesto commitment to protect the integrity of our democracy, as legislated for by Parliament through the Elections Act 2022.
I will set out the key provisions of the instruments, turning first to the Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023. The Elections Act introduced a requirement to reapply for a postal vote at least every three years in Great Britain. This will help electors stay alert about the arrangements that they have in place, ensure that a person’s eligibility to vote by post is reviewed on a regular basis and reduce the risk of redundant postal ballots being issued. To make this transition as smooth as possible, this statutory instrument allows existing long-term postal voters’ arrangements in Great Britain to continue until 31 January 2026, giving those postal voters more time to make a fresh application under the new system.
Existing postal voters will be clear on when and how they need to make a new application, as electoral registration officers are required by the instrument to make those whose postal vote is due to expire aware in advance and outline the new application process. This will then remain an obligation on EROs for future postal voters. I appreciate that this will mean a change for long-term postal voters, but empowering them to stay informed and in control of their vote is a positive
step. This measure will also help to prevent voters from being unduly pressured into having a postal vote and using it under duress.
There is concern that, under existing arrangements, electors can be coerced into appointing a proxy to control how they vote. The new arrangements will ensure that the scope for fraud is reduced by limiting the number of electors for whom a person may act as a proxy. The instrument therefore introduces a limit to the number of electors for whom a person may act as a proxy to four, of which no more than two can be domestic electors—that is, an elector who is not registered as an overseas or service voter. It will update all relevant prescribed forms to make sure that the new limits are set out.
This statutory instrument also introduces an identity check at the point of application or reapplication for a postal or proxy vote. The elector will be required to provide their national insurance number, which will be checked against DWP data, or, where they cannot, they will need to give a reason why as part of the application. Where an individual does not have a national insurance number, the electoral registration officer may request other specified documentary evidence or an attestation to demonstrate their identity. This process is one that electors are already familiar with and has been in place for the register to vote service since 2014.
The success of the register to vote service is an example of how we have made sure that our elections are modern and accessible. We are building on that work with this instrument. It creates a new digital route for electors in Great Britain to apply online to vote by post or by proxy. The digital service for applying for absent votes will be launched when the regulations come into force. I can assure noble Lords that, as was the case for the voter authority certificate service, the user journey and the administrator-facing portal are being carefully developed and will continue to be improved during the public beta phase to ensure that they meet the high standards expected of all government services.
The revisions of postal and proxy rules will apply to all elections reserved to the UK Government in Great Britain, as will the online application service. The proxy voting rules will also apply in Northern Ireland and the digital service will be introduced in Northern Ireland at a later time.
I turn now to the two statutory instruments making provisions specific to Northern Ireland elections. These instruments implement the same proxy limits as set out for elections in Northern Ireland. The Elections Act places a duty on the chief electoral officer to provide lists of dates of birth to polling stations in Northern Ireland for the purposes of checking a voter or proxy’s exact date of birth in specific circumstances.
These instruments ensure the protection of the sensitive personal information that the lists contain so that only the police and the courts may access them. Existing legislation allows the retention of entries on the Northern Ireland register following a canvass. This instrument extends that provision, which will avoid a cliff-edge loss of electors from the register. I assure your Lordships that data checking carried out by the chief electoral officer has given a high degree of confidence
that the voters concerned are entitled to remain on the register. The Electoral Commission is supportive of extending the period of retention.
These two instruments will strengthen the integrity and security of our absent voting, while ensuring that our processes remain accessible for voters and in step with modern standards. I commend them to the Committee.