Colin Blackwell, Imogen Tyreman, Richard Williams, Jenny Shorten and Tom McAdam gave evidence.

Q We will now move on to hear oral evidence from Conservatives Abroad, Labour International CLP, LibDems Abroad and Lib Dems in Europe. We have until 4.55 pm for this panel. I will first ask Ms Shorten and Mr McAdam, who are online, to confirm that they can hear and see us and to introduce themselves.

Jenny Shorten:

Good afternoon. My name is Jenny Shorten, and I am the chair of Liberal Democrats Abroad, living in France. I was an election agent and campaign organiser for 40-plus years in Wiltshire.

Tom McAdam:

Hi, I am Tom McAdam. I am a member of the Liberal Democrats Abroad steering committee, and I live in Zurich, in Switzerland.

Excellent. We also have three witnesses in the room. There is always a bit of choreography when we are rotating between online and in-situ witnesses. Could the witnesses in the Committee Room introduce themselves too, please?

Colin Blackwell:

I am Colin Blackwell, and I am deputy chairman of Conservatives Abroad.

Imogen Tyreman:

I am Imogen Tyreman, and I am the chair of the Labour International Constituency Labour party.

Richard Williams:

My name is Richard Williams, and I am Labour International’s representative on Labour’s national policy forum.

Q Welcome to all our witnesses—virtual and in person—this afternoon. The Government have always been clear, and have said in the House, that any instance of ineligible people being able to vote is unacceptable. However, does the current system for overseas voting ensure that eligible voters are able to have their votes counted? Do you agree with my assertion—if not, that is absolutely fine; many people don’t—that the Government have not concentrated on making it easier in this legislation for overseas voters to vote, and that that is a missed opportunity?

Colin Blackwell:

Thank you, Paul. The simple answer is no, it does not. A survey about voter participation among overseas electors in the OECD has shown that the UK is a significant statistical outlier, with the lowest effective participation rate. Only around 1.3% of the more than 5 million people in that potential electorate are thought to have successfully cast a ballot at the last UK election. This Bill, of course, does not overtly address overseas electors, but one of its objectives is to increase voter participation.

In line with the Electoral Commission’s recommendations, Conservatives Abroad believes that technological advances now make it possible for a secure and verifiable online facility to be introduced to allow overseas electors to download and self-print their ballot paper and return envelope for one-way return posting. New Zealand and Singapore are two English-speaking Westminster democracies that have implemented downloadable ballot papers, and they use a Biometric identification app to verify overseas electors downloading ballot papers against the voter registration ID credentials that were provided at the time of voter registration.

Unlike at the time of the Elections Act 2022, when Conservatives Abroad first recommended this approach, the UK now has this technology. In the last few weeks, we have seen the launch of the Government Digital Service’s One Login app for gov.uk services, and it is now available. That was previously not a technological possibility, but now it absolutely is. New Zealand and Singapore are the gold standards for downloadable ballots for their diaspora.

Q Thank you. You anticipated my next question to you, Colin, so you have killed two birds with one stone. I will go to Imogen and Richard on the general point about the legislation, but first I will ask whether you agree with the proposal to allow downloadable ballot papers. Would that make the system easier?

Imogen Tyreman:

In the proposal itself, there are some elements that will help overseas voters to get on the register and exercise their vote and that go further than the current situation, such as the extension of the postal vote and requiring earlier registration. There are also things such as automatic registration, looking at passports and some of the pilot projects. However, I think that more can still be done, particularly on postal votes. That is often what people use, because there is not really enough information about proxy voting, and electoral registration officers do not know how it can operate. That feels like a barrier.

To take the example of postal voting, there is a return rate of 70% or so if ballots are sent out early. But of the postal ballots that were sent out later during the last election—around 27 June—only 2% were returned. Looking at specific countries, there was only a 6% return rate for Australia. There was a higher return rate for France, at 75%. In Spain, which is also a European country, only 32% of ballots were returned. Royal Mail itself has said that it takes six to seven days for standard letters to reach the rest of the world, so if the postal vote deadline is 14 days, I do not know how we are expecting ballots to reach voters and get returned in time. For us, having downloadable ballots is one option, as well as looking at the potential for online voting, and at the use of embassies and consulates as voting hubs or places where we can return ballots. They could potentially go back by diplomatic mail, which is much quicker.

Q This is not a challenge but an observation about your answer, for which I thank you. You have outlined some possible solutions. The British Overseas Voters Forum propose solutions such as ensuring that postal ballot papers are downloaded and securely posted via embassies and consulates. That is done in the Netherlands, but the forum did not recommend electronic voting, which would be insecure. Is that your understanding of its response to the possible solutions?

Imogen Tyreman:

Yes.

I was just checking—I was not trying to catch you out.

Richard Williams:

Perhaps I can just add to that last point while it is top of mind. Something that came up in discussions among members of Labour International was what could be viable alternatives to the current system. Of course, we are not the first country to talk about electronic voting.

Other European nations have successfully introduced electronic voting, with Estonia probably being the best example. In its last election, over 51% of votes were cast via an electronic system. A number of measures are built into that system to avoid things like voting coercion, whereby multiple votes can be cast and only the very last one is actually counted, and physical voting always takes precedence when both electronic votes and physical votes are received.

Having said that, to come back to the original point on whether Britons abroad are adequately addressed as a voter group, I think the numbers that Colin rightly spoke about are telling. Of the 5 million Britons living abroad, only just under 200,000 are on the electoral register, which speaks for itself.

There are really three main reasons for that. One, beyond looking at processes, is simply awareness: many Britons are not aware that they have the right to vote if they are not living in the country. There is no proactive communication on the side of the Government. It is very much left to the individual themselves to find out what their rights are and then to go through the process of contacting the local authority where they used to live in the UK—I did it in Ashford, Mr Joseph’s Constituency. It is relatively easy, but there is then the additional process of having to register for a postal vote, which happens afterwards. Those things are all addressed in the Bill, and I think there are some improvements there, but the awareness is the first hurdle.

Then there are the processes themselves. And the third point, in some cases, is probably apathy: if you do not have an MP representing your interests as somebody living abroad, you do not care about the potholes in the local high street as much.

Q You issue a fair challenge where apathy and not understanding the process for voters are an issue, but there is also the fact that we in this House rarely have overseas constituents get in touch. [Interruption.] Maybe I am lucky. I had one two months ago, and my team, who are very good, did not quite understand what they were and were not allowed to do, because the constituent was not physically in the Constituency. I think the House has a duty to improve knowledge about MPs representing those people, and I learned a solid lesson. Jenny and Tom, shall we come to you on the first question?

Jenny Shorten:

We don’t disagree with any of what has been said, but I will pick up on a couple of points. On the last point you made, about contact with MPs, I conducted a survey across all parties to look into exactly that. The answer to the question, “Do overseas voters think they are represented?” is no, because things like the automated replies say, “I can only help you if you live in the Constituency.” It is no wonder they feel invisible, and that is a word that has regularly cropped up in our surveys with people who get in touch with us; they say, “I feel like I’m not there and not being taken notice of.”

The other thing I wanted to direct our thinking towards is whether the processes and systems set us up to fail or to succeed. As a former election agent, I would say that the election timetable is not fit for purpose; it does not make sense. It went wrong for UK electors last time round, but particularly for those overseas. As I think Imogen remarked, you cannot get it done. With the current options, you have to wait until 19 days before polling day to know who the candidates are, so that is the earliest you can prepare ballot papers. People can still register up to 11 working days before. It is not going to work, however hard and however assiduously the people who administer it actually try.

On behalf of all of us, I think, I would like to say thank you to the Electoral Commission for finally collating the figures on how many postal votes got back in time; it is the first time we have seen them. I am sure the Committee is shocked by the fact that it is less than half. We need to look at the process, but it is also a significant matter of culture.

Q Tom, don’t feel like you have to answer if you do not want to. I want your own parties to be able to scrutinise you and ask you questions as well. If you do want to answer, please do, but I want to allow your colleagues to ask you questions.

Tom McAdam:

I would just like to touch on the opportunity here. When we look at France, at the last legislative elections, it had a 37% turnout of overseas citizens. We can compare that with the turnout of British citizens overseas at the last General Election, which was 5%. There is a huge opportunity. It is not one measure that will help that, but a package of measures.

The apathy point is really important. Without a dedicated overseas Member of Parliament talking about the interests of overseas citizens, it is easy to feel that we do not have representation in Parliament. Given the problems with actual voting, people do not feel incentivised to attempt to vote. I do not think that any one measure will really move the needle but, if we take everything as a whole, we might be able to move towards the numbers seen in France.

If the Minister decides to make me the MP for overseas voters, I am more than happy to do surgeries across the world.

Q Outer Mongolia, perhaps?

As an aside to Paul’s point, I do receive correspondence from constituents who live overseas, usually in respect of their pension arrangements. However, to tackle the point about apathy or disengagement, the Bill includes powers to pilot automatic voter registration. Do you think that that would be a valuable tool for overseas voters?

Colin Blackwell:

As others have touched on, awareness is everything. Conservatives Abroad believes that what is vital above all else is raising awareness of the right to vote and encouraging overseas citizens to register, which is now done online.

Historically, the civil service has always said, “Oh, we can’t contact Brits overseas because we don’t keep a register. We don’t know where they live. We don’t know who they are.” That raises the question of how this part of the electorate would be suitable for automatic registration.

Today’s Government services are delivered digitally and electronically in a way that was not done before. Many Departments now interact digitally with millions of British citizens living overseas. The most obvious one is the Passport Office: half a million passports from overseas are renewed every year—over 10 years, that is 5 million. The international pension centre at the Department for Work and Pensions deals with more than a million overseas pensions. The Foreign, Commonwealth and Development Office keeps registers of Brits in individual countries. Lastly, the first place people go when they move overseas is His Majesty’s Revenue and Customs to change their address. Millions of British people living overseas still pay British taxes in one form or another or make voluntary NI contributions.

What I am saying is that, if all these digital interactions between Government and overseas Brits were brought together, and a link to the online voter registration page were automatically provided in those interactions, you would overnight reach potentially millions of this invisible electorate with the exact place they need to go to register to vote. That is the approach that Conservatives Abroad would suggest you look at.

Imogen Tyreman:

Automatic voter registration pilots are a great thing to look into, especially for overseas voters. I agree that we should look at how registering for a passport could link to registering to vote. Yes, it might miss some Brits, but unfortunately we do not keep a record of emigration, so it is the best opportunity we have. However, there needs to be a package of other measures or that will not necessarily affect turnout.

We see lower turnout in countries that have passive registration, so there must be accompanying measures, even if it is through the Electoral Commission, to help us to contact voters abroad to inform them. That could be something like a free post or an opt-in registration. Such options need to be explored, and the timeline for renewal also needs to be considered to make sure that people stay on the register.

Richard Williams:

I agree with all the points that have just been made. There is one group of people who have emigrated who might fall through the cracks if you look just at the HMRC records of people who have emigrated: those born to British parents overseas. These people may have a right to citizenship but have never lived in the country. They have specific difficulties even getting on to the electoral register. In many cases, they need to provide evidence of their parents’ birth certificate and their own birth certificate, and then there is a question of where their vote should be assigned. This topic came up in discussions with other Labour International members.

Beyond that, if we speak about the choice architecture, we certainly echo the sentiment that we are in favour of trialling automatic and automated voter registration. One topic that came up in discussion with our members, which is perhaps a way to look at doing this, was the idea of automatic reminders upon passport renewal, which is an interaction that many Brits abroad will have. If you structured that in such a way that people would then have the choice—ticking a box to say, “Yes, I want to be on the register,” or “No, I do not want to be on the register”—it would simplify and consolidate the process for many people.

There is then the question of whether there is an opt-in or opt-out approach. In the notes accompanying the Bill from the House of Commons Library, there was a reference to the Sheffield University case study in which 75% of students were enrolled on the electoral register through a process whereby they were prompted upon their annual enrolment for university. That figure compares with 13% for other universities. If that system were explored in a pilot for voters abroad, we might expect to see similar results just by structuring the choice in such a way that people have this prompt, and we could then ask whether it should be an opt-in or an opt-out choice.

We will come to you, Ms Shorten.

Jenny Shorten:

May I cede the floor to Tom?

Tom McAdam:

We are in favour of AVR. A YouGov poll at the last election showed that only 26% of Brits abroad understood their rights, so automatic registration, using the touch points that were previously mentioned, is something that we would support. On Imogen’s point about the free post, voters abroad should be making informed decisions and receiving literature from candidates in the same way as domestic voters, so we would support anything that enables, say, one free post or an electronic communication from candidates to citizens abroad so that they are able to make an informed decision.

Jenny Shorten:

May I just add one other thing to the last point about the free post? If you look at the Select Committee report, it suggested a review of the General Election process. It suggested that a good first step would be to centralise the records of overseas electors and have them all on one register. You could then start to have the target group effectively in one place. Informally, I chatted with electoral registration officers in the run up to the last elections Bill, and they were saying that we deal with pretty much everybody overseas—though not entirely everybody—by email, so our records hold that data. If you put together a centralised register and the fact that the councils already know where to find these people, you have the means by which to inform them.

It must be right that you can have the basic data flowing about who the candidates are. It is not about their vote, which is their choice—I am sure we will discuss digital in a moment—but about what their choice is. In this day and age, I do not think there is any excuse for why I am expected to vote for people I have never even heard of and who have not approached me.

Q I want to talk a little about automatic and automated registration. This question is for all members of the panel: do you think that there should be active promotion of British citizens living overseas joining the register? A couple of members of the panel have already touched upon that. I have a second part of the same question, which Colin Blackwell has already touched on, in relation to the Passport Office. When overseas UK nationals renew or apply for a passport, might it be a sensible approach to provide those overseas individuals with information about registering to vote?

Colin Blackwell:

Yes, in one word. That is really precisely what I was trying to say in my previous answer. I renewed a passport from overseas. I provided a local mobile phone number and an email, and there is a healthy two-way interaction: they tell me that my passport has been printed, that it is on its way and so on. There are plenty of opportunities within that interaction to mention it to the overseas citizen. They are already sending me something to ask whether I want to donate my organs, so why can’t they also send something that says, “Do you want to be on the electoral register? This is the link to do it”? Other Government Departments can also follow that.

Whether to register or not is ultimately someone’s choice, but they should have the facts, they should have the link, and they should have the knowledge that they have the right to vote.

Imogen Tyreman:

I also agree. I think being prompted is very important generally, even in conversations with us. Everyone here is giving oral evidence as a member of a political party. We are aware that our right to vote came back, but speaking to our communities of Brits abroad and reaching out to friends and family, not everyone was aware. Some people were not aware that they had regained the right to vote. Renewing your passport is a basic starting point. I would not say it is the end goal, but it is the starting point for getting people back on the electoral register and able to exercise their democratic right in this country that they were given.

Richard Williams:

I echo all that. The only thing I would say is: why not take things a step further and design an automatic opt-in? There have been studies of automatic opt-ins for organ donation, and you get a much higher acceptance rate if the default is set to opt-in and people are manually asked whether they do not want to let their organs be donated. Why not do the same thing for being on the electoral register? Assume people do want to be on it, unless they do not. Of course, you can then differentiate between the limited and open register and the full register, but I think, at least for the limited one that stays confidential, this could be looked at to make things even easier.

Jenny Shorten:

Can I echo the point that was just made? If it is right that eligible voters in the UK automatically go on the register, why is it not right for British citizens eligible overseas to be treated in the same way? I think it is a very straightforward answer. It might have to be done by a different method, but the principle should be exactly the same.

Mr Joseph, you have one minute for your question and the answer.

I know we touched on the question of MPs not being able to help you or locate you because the digital system we use, CaseWorker, is linked to the voter register. Maybe that is why we cannot help, but do you think that there should be a separate register for those living overseas? Would that resolve such issues?Q

Colin Blackwell:

Each Constituency has a separate overseas register, and we political parties get this. We get all the overseas register data. I am not exactly sure what benefit a central register brings, other than maybe convenience, but I do think it is potentially a slippery slope for then saying, “Oh, well, let’s have overseas constituencies just for overseas Brits,” which we do not think is a good idea. We think it is counterintuitive and has the potential to severely reduce overseas electors’ representation, not enhance it.

At the last election, in our manifesto, the Conservative party saw the solution as appointing a Minister for Brits abroad—a representative in government battling for Brits abroad, and effectively, with civil service support, answering the questions that MPs get from their overseas electors. I do not necessarily see the benefit of unifying the existing separate overseas registers into a single one.

You have had the last word of this panel, Mr Blackwell. On behalf of the Committee, I thank our witnesses in the Boothroyd Room and online for their evidence.