My Lords, it is a pleasure to follow the noble Lord, Lord Hayward. I wish to add my support to the comments that he made about the consolidation of election law. We are way behind the curve—the Minister is nodding—and we really need to look at the consolidation of electoral law.
I turn to this statutory instrument and thank the Minister for laying out the reasons behind it and its intention. Everybody wishes to reduce or completely stop the use of fraud in postal votes and stop people’s votes being stolen by others in our democracy. Some provisions in the regulations will help with that, such as those on political actors handling postal votes.
However, I believe the main thrust of these regulations, which is about the handing in of postal votes at the polling station or electoral offices, is doomed to failure because it is impractical. I shall explain why and look forward to an answer.
Let us assume that I am a fraudster and I understand electoral law. I go out and harvest postal votes. I will know not to hand them in to the polling station—I will do it before election day—or to the electoral office. I will put them in a Royal Mail box. Will this statutory instrument achieve its number one aim of reducing electoral fraud? Practically, it can be circumvented just by putting the votes into a Royal Mail box. Let me show the Committee the stupidity of this through my city of Sheffield. I could go to the town hall, where within a couple of metres of the post box for the electoral office—just around the corner, probably 60 metres—there are two Royal Mail boxes. I would put my 100, 50 or 30 harvested postal votes into the Royal Mail box because why I got them or why I am handing them in will not be checked. It is completely outside the law. This will not stop the harvesting of postal votes and fraudulent people getting them back into the system.
It is also impractical for another reason. In the example I have just given in Sheffield, let us say that I am an upright citizen who believes in saving the taxpayer money. I decide to put in my one postal vote, which is my mother’s, but because I do it after the electoral office is closed my mother’s vote will not be counted, even though the 50 that have just been put into the post box around the corner by the harvester will be valid. I do not think that those who have drafted this statutory instrument understand the logistics of elections. What are the Minister’s and the Government’s views on that differential?
While I support the reduction of postal vote fraud, for those reasons I believe these regulations are flawed and impractical and will not have the desired effect. I look forward to hearing the answers from the Minister, which may alleviate my concerns, but I think that the regulations will not stop vote harvesters and that the votes of some people who genuinely cannot get to the polling station on the day or to an electoral office between nine and five will be invalid, simply because of the difference of a couple of metres in where somebody decides to hand in their postal ballot.