My Lords, in our manifesto, the Government committed to removing the 15-year limit on voting rights for overseas electors and we are delivering on that promise. Last year, Parliament passed the Elections Act, resolving to extend the franchise to all British citizens, including eligible Irish citizens, living overseas who were either previously registered to vote in the UK or were previously resident in the UK. The two statutory instruments we are debating flow from that Act.
If approved by Parliament, together, these instruments will make necessary changes, as well as improvements, to electoral registration processes across the UK from 16 January 2024 to coincide with the commencement of the franchise change. To ensure the registration processes are workable for applicants and for administrators, we have worked closely with delivery partners and stakeholders across the electoral sector and have engaged with representatives of British citizens overseas on the design of the process. We have created a process that ensures that our democracy remains secure, fair, modern and transparent.
I will start by outlining the changes these instruments make to the registration application process to enable overseas electors to apply, and to enable electoral registration officers in Great Britain and the chief electoral officer in Northern Ireland to determine their eligibility under these new criteria. These instruments ensure that there are robust processes to verify an applicant’s identity and establish their eligibility to register at their qualifying UK address.
The Elections Act 2022 established two conditions for registering to vote as an overseas elector. Going forward, an individual can apply under the previous registration condition or, if never registered, the previous residence condition. Applicants who have previously registered to vote in the UK should apply in respect of the address where they were last registered, under the previous registration condition. For the first time, applicants previously resident in the UK, but who never registered to vote, can apply in respect of the address where they were last resident, under the previous residence condition. Applicants will, as now, be required to complete a declaration as part of their application. These instruments update the declaration requirements to reflect the new eligibility criteria. When determining an application, electoral registration officers must check and be satisfied of the applicant’s identity and connection to their qualifying previous UK address.
To check the applicant’s identity, as now, the applicant’s national insurance number will be data-matched by DWP. Digital improvements mean that this process will be quicker than the current identity checks. Where an applicant cannot provide a national insurance number, or this cannot be matched, they will be able to provide documentary evidence. This new step, introduced by the instrument for Great Britain, brings the process into alignment with existing practice, maintains integrity and eases the administrative burden on applicants and administrators by reducing recourse to attestations.
As now, an attestation from a qualified elector—that is, a statement from a UK-registered elector who is not a close relative—may be used to verify an applicant’s identity where verification by documentary evidence is not possible. To verify an applicant’s connection to their qualifying address, as now, in most cases, electoral registration officers will be able to rely on checks against previous electoral registers. Registers are typically held for 15 years, and we expect they will be retained for longer in future.
Where register checks are not possible, this instrument enables several ways to verify an applicant’s connection to their qualifying address. This includes a DWP data match, checks against local records where available and the power for a registration officer to request several types of documentary evidence, originating from reputable sources—such as the UK Government, local authorities and banks—from the applicant. We have considered stakeholder feedback on documentary evidence available to overseas applicants and have provided flexibility in these measures while ensuring they retain integrity. An attestation from a qualified elector can also be used for qualifying address verification where documentary evidence is not possible. This is in close alignment with the process for verifying the identity of both overseas and domestic electors.
I turn now to the renewal process and absent voting arrangements. Currently, to stay registered, an overseas elector must reapply every year. This instrument implements a new fixed-point renewal process, which enables overseas electors to remain registered for up to three years. In Great Britain, overseas electors’ absent vote arrangements will also be tied to the registration renewal process, meaning that an overseas elector will be able to renew their registration and their absent vote arrangement at the same time. These changes will benefit the elector. Enabling an elector to maintain their registration and absent vote in this way means that, when a parliamentary election is called, the elector’s absent vote can be issued without delay.
This improved process will also support administrators to maintain the accuracy of registers, minimise time-consuming processes and reduce their workload in the run-up to an election. Registered overseas electors will be able to renew their declaration within the last six months of their current registration period. The instruments will ensure that overseas electors are made aware in good time when they need to renew. Electoral registration officers will be required to send a first renewal reminder after 1 July during the year in which an elector’s current registration period is due to expire, with a second reminder to follow a reasonable time thereafter, enabling registration officers to manage the process alongside their other responsibilities.
The instrument applying to Northern Ireland does not amend absent voting arrangements, as electors registered in Northern Ireland are automatically entitled to use proxy votes as part of the existing process.
These instruments maintain the integrity of registration processes, ensuring that electoral registration officers continue to register applicants only when satisfied as to their eligibility. We are setting strengthened requirements for attestors and applying a new limit to the number of individuals an attestor can attest. Within an electoral
year, an attestor may in future provide identity attestations only for a maximum of two individuals and, separately, address attestations for up to two individuals. We believe this to be a necessary and proportionate measure that maintains integrity while ensuring accessibility for overseas applicants who can now be attested by any UK-registered elector, not just an overseas elector.
In addition to the changes I have just outlined, these instruments make further improvements to the registration process, making it easier and quicker for eligible overseas applicants by enabling electronic submission of information, including copies of documentary evidence. In some cases, these can be provided at the point of application to speed up the process. Overseas electors registering in Great Britain are also now able to apply for a postal or proxy vote online, following the introduction of the new online application services on 31 October 2023.
We continue to work closely with the sector, including the Association of Electoral Administrators and the Electoral Commission, in preparation for implementation; we will provide funding for additional costs incurred in line with the new burdens doctrine. We are also working closely with the Electoral Commission, which has the statutory responsibility to promote democratic engagement. The commission is undertaking a targeted communications campaign both to engage with British citizens overseas and to promote awareness through their friends and families. My department will work alongside other government departments, including the Foreign, Commonwealth and Development Office, to facilitate the commission’s plans for awareness raising and to amplify its activity through government communication channels where value can be added.
I will address the regret amendment tabled by the noble Lord, Lord Khan of Burnley. The Government strongly disagree with the notion that the draft measures for consideration today will weaken the existing robust system of checks that surrounds all political donations. UK electoral law already sets out a robust regime of donations controls to ensure that only those with a legitimate interest in UK elections can make political donations. The rules are very clear: political parties and other campaigners are required by law to undertake all reasonable steps to verify the permissibility of a donation within 30 days of receiving it, and prior to its acceptance. Donations that do not meet the established permissibility tests must be returned and reported to the Electoral Commission. There are also already provisions that explicitly prohibit money being funnelled through permissible donors on behalf of impermissible donors.
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The Government absolutely recognise that, despite this, there is a risk that some people, whether they live in the UK or overseas, will try to evade the rules. That is why we recently strengthened those rules by creating specific offences for foreign interference in elections in the National Security Act 2023. The Government have given the Electoral Commission more information-sharing powers to access Companies House information, under the Economic Crime and Corporate Transparency Act 2023.
Overseas electors are important participants in our democracy, and it is only right that they should be able to make donations to political parties in Great Britain in the same way as other citizens registered on the electoral roll in Great Britain. The rules are the same for all electors. I beg to move.
Amendment to the Motion