(1) Within six months of the passing of this Act, the Electoral Commission must prepare draft guidance for Returning Officers on enforcing the provisions of the Ballot Secrecy Act 2023.

(2) Once the Commission has prepared draft guidance under this section, it must submit it to the Secretary of State.

(3) Within 28 days of receipt the draft ballot secrecy guidance, the Secretary of State must lay before each House of Parliament a copy of the draft guidance, either—

(a) in its original form, or

(b) in a form which incorporates any modifications that the Secretary of State considers necessary.

(4) If the draft guidance incorporates any such modifications, the Secretary of State must at the same time lay before each House a statement of the Secretary of State’s reasons for making them.

(5) If, within the 40-day period, either House resolves not to approve the draft guidance, the Secretary of State must take no further steps in relation to the draft guidance.

(6) Subsection (5) does not prevent new draft guidance from being laid before Parliament.

(7) If no resolution of the kind mentioned in subsection (5) is made within the 40-day period—

(a) the Secretary of State must issue the guidance in the form of the draft laid before Parliament,

(b) the Commission must arrange for the guidance to be published in such manner as it considers appropriate, and

(c) the guidance comes into force on such day as the Secretary of State may by regulations appoint.

(8) The Commission—

(a) may from time to time prepare draft revised guidance under this section, and

(b) must prepare draft revised guidance under this section if directed to do so by the Secretary of State.

(9) References in this section (other than in subsection (1)) to guidance or draft guidance include revised guidance or draft revised guidance.

(10) In this section “the 40-day period”, in relation to draft guidance, means—

(a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and

(b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(11) Returning Officers must have regard to guidance issued under this section in exercising their functions.—

This new clause would require the Electoral Commission to prepare, and Parliament to approve, statutory guidance to Returning Officers on the enforcement of the Ballot Secrecy Act 2023.

Brought up, and read the First time.

I beg to move, That the Clause be read a Second time.

With this it will be convenient to discuss Amendment 25, in Clause 80, page 100, line 35, at end insert—

“section (Statutory Guidance on suspected breaches of the Ballot Secrecy Act);”

This amendment is consequential on NC36.

New Clause 36 would require the Electoral Commission to prepare and Parliament to approve statutory guidance to returning officers on the enforcement of the Ballot Secrecy Act 2023, and Amendment 25 is consequential on the new clause, as I am sure Committee members will know.

As I have said before, given that legislation to change elections comes around so rarely, I believe that this Bill is a huge opportunity to tighten up the systems we have. We should engage people to look at what could be the most significant Bill on the machinery of elections in a generation.

The Government have admitted that: they are reducing the age of enfranchisement, changing how people can register and updating the rules on political finance. Given that we have a patchwork quilt of interpretation at polling stations, it is absolutely right that the Government look to issue statutory guidance on the enforcement of the Ballot Secrecy Act to returning officers. That is particularly relevant, as independent volunteers at polling stations reported concerns over family voting in the recent byelection in Gorton and Denton, on which there was a police investigation.

Returning officers and elections staff across the country also have different interpretations of some of the things that we see at every general or local election. Every party interprets the regulations by which we are governed differently in the various areas, across the thousands of polling stations in this country, and election officials often interpret what is right or wrong in different ways. For example, during local elections in my Hamble Valley Constituency, Eastleigh Liberal Democrats often set up a table with a Liberal Democrat tablecloth inside the polling station to say hello to people. On some occasions, I have raised that with the people in charge of the polling stations, some of whom will get them out—quite rightly, under my interpretation of the law—and some of whom will not. I report that, which I would argue is a breach of the Ballot Secrecy Act.

Family voting—which we know exists, despite some people saying that it does not—is a breach of the Ballot Secrecy Act. It is not unreasonable to expect the Government to look again at whether our polling stations and ballot processes are working when making legislation such as this Bill. For example, should the tables in our polling stations be divided into quarters, which allows people to look over at how others are voting, or should we look at implementing an American system, where we disguise tables, so that people are reassured that their votes are being cast in secret, as they should be under UK legislation?

My hon. Friend is making an excellent speech. A consistent theme that has emerged from his points, and from the evidence and debate in this Committee is that we can have all the rules we like, but enforcement is a major challenge. In particular, it highlights inconsistency. Because there is an element of vagueness in the law, it is sometimes left to the individual clerk of a polling station, with or without good advice from a returning officer or electoral officer, to try to determine the appropriate course of action. Hence, people breaching the law would be kicked out in some places, but not in others. Does my hon. Friend agree that it is essential that we get the detail correct in the Bill in order to ensure greater consistency, and therefore trust and confidence, in the practice of elections across the country?

My hon. Friend is absolutely right. At the moment, on polling days, the law is interpreted differently at different polling stations—I am using polling stations as an example because the most interaction we have with voters is when they cast their ballot, and they should be pleased to do so. Going back to the example of my Constituency, different counts and polling stations have different interpretations of the distance at which it is acceptable to display a poster. I have been in situations where down one road, they are allowed right up to the door, and even in the station in some cases, and in other areas they are not allowed in the car park. That is all based on interpretation. The new Clause seeks to ensure that we have uniform electoral guidance. That would be produced by the Electoral Commission, which, as the Minister outlined, is an independent organisation that is being asked to take on more responsibilities to assess, approve and give out statutory guidance to returning officers.

Most people drive to and park at polling stations on their journey to vote, and candidates and tellers— I believe in telling, because it gives people interaction with the political parties before they cast their vote—often wait outside. Can any Member say that, in the last election they participated in, there was a uniform code as to what they saw at each polling station? I would say no. Election staff do not have that central guidance to say what should and should not happen. Often, when candidates report inconsistencies, because there are inconsistencies it is much harder to prove that a breach has happened.

In the discussions we have had this afternoon, each and every political party has wanted to ensure that our democratic process is tightened up, whether that is from foreign interference, cryptocurrency donations or donations from this country, and whether we want new people to be able to vote, or want people to give ID to vote—all of those things are contained in the Bill.

To bring my hon. Friend back to where he started, what is so striking about what he is saying is that the moment when the voter goes to the polling station is the key interaction that most people have with our democracy.

The debates that we as politicians are interested in, about the sources of electoral finance and the eligibility of different people to come and vote, while important, are not as salient as what is going on in the mind of the voter at the point they cast their ballot. Their ability to do that with complete faith in the integrity of that process is critical. Does he agree that it is even more saliant to make the point that this review and update are necessary, because for the voter that represents the front door or the window on politics, and that then influences all the other issues that have been brought up by Members?

I agree with my hon. Friend. To ironically, yet seriously, relate this to the previous new Clause we discussed, I would argue that having a uniform code of guidance where voters are given assurance that everything is run in the same way would rebuild trust in our democracy, the Government and the process.

My hon. Friend is absolutely right that the difference between us sad political operatives, who look at electoral law and whether everything is being run okay, and the average voter on the street—a term that I hate—is that people out there either have not thought about the fact that there are local elections or do not think about the machinery of how a ballot is run. When they approach a polling station and have difficulty, the trust that they have in the integrity of the system is damaged. Having the reassurance that the Government, regardless of political colour, are looking to give an independent body powers of review, perhaps after every General Election, would add to trust and the feeling that there is competence in the voting system.

As we go through the journey of the voter, I know for a fact that there is the odd conspiracy theory about pencil versus pen—some places people can vote by pen, some places by pencil, and people say that their vote could be rubbed out if they vote by pencil. I happen not to subscribe to that theory, as our election staff are people of integrity. But even that is not clarified under central returning officer guidance; if it was, it would allow people to have confidence.

People often look at how others vote in polling stations. I hate to break the news to you, Sir Desmond, but they do. When we stand at a polling station, and a person is voting just there—for the benefit of Hansard, I am indicating that there is another desk to the right of me—we can see how they are voting. That breaches the trust that we need. I say to the Minister, who I know is going to reject this new clause because so far the Government have not conceded on much, that if we are all democrats then we should not be afraid of assessing whether our elections work.

We have a groundbreaking piece of legislation—I am sure when we get to Report stage, the Minister will now say in the Chamber, “the shadow Minister said this is groundbreaking legislation”. It has its bad points and very good points, but I accept that it is groundbreaking—but it could be even more groundbreaking. It could be the key piece of legislation that builds the integrity of our election system, which as the hon. Member for Guildford outlined, is extremely delicate at the moment.

This is one of the most important parts of the debate we will have on this Bill. Most of us, as politicians, will have experienced a voter telling us on the doorstep that they would be willing to vote for our party but that they lack confidence in the secrecy of the ballot, because they know that the ballot paper issued has a serial number on it that could in theory be tracked down later to establish how they voted.

Does my hon. Friend agree that when we look at electoral behaviour, the turnout in, for example, local elections, has been consistent for 100 years, and that debates around trust have not been as material to people’s willingness to vote as trust in politics in general, because confidence in the ballot, and the sense of what is at stake in those elections, really matters? That is really a question of politics, rather than, as earlier amendments suggested, a question of trust. Does he agree that the significance of this is about ensuring the integrity of the process by which democracy happens, as opposed to a wider debate that reflects our political views about that process?

I absolutely agree with my hon. Friend. This is not about whether one political party—or one party in government—is more trustworthy than the other; we leave that to the voters. This is about trusting in the integrity of the voters. He is absolutely right that the greatest influence and first right of every citizen in this country should be their ability to participate in the democratic process, pick their Government and pick the elected representatives who stand up for them, but there needs to be integrity.

My hon. Friend is right to outline that this should be seen not in a party political way, but in a process way. The new Clause would contribute to that aim by giving powers to the independent Electoral Commission, which, as the Minister reminded us in the previous sitting of this Committee, is governed by Parliament, not the Government. This is a step that the Minister could take, seeing that they are very keen to give the Electoral Commission increased power.

This new clause is crucial and non-partisan, and it would allow us to have a tangible effect on the trust in and integrity of our system. Nobody is bigger or better than the system that we have, but that system can be improved, and we should not be shying away from allowing ourselves to improve it, no matter who is in government, to make sure that every time that a voter walks into a polling station, they know that their vote will be cast in the most secret and best way possible. I hope the Minister will look kindly upon the new clause, although I am sure she will not. I look forward to her remarks in response.

Ballot secrecy is extremely important. The Shadow Minister has talked about family voting. I am deeply disappointed and concerned by the implicitly discriminatory accusations made by some parties in relation to family voting in recent weeks. I wish we saw as much passion about the far greater threat to our democracy posed by the skewing effect of huge donations.

Conservative members of the Committee made no contribution in the discussion on caps on donations or limits on expenditure earlier this afternoon, but have devoted considerable airtime to this particular topic. I ask all of us to consider: what is the greatest threat to the integrity of our political system?

There is a crucial distinction that I am interested in with the hon. Member’s reflection on—

Order. I am sure that it would the hon. Gentleman’s greatest pleasure to address the Chair, particularly when I am in it.

My apologies, Sir Desmond. I was seeking the hon. Member’s views on what happens at the point of casting a vote, which is where all of us exercise our equal democratic freedom. We have a vote each, and we cast it in the same way in a process that needs to have integrity. There is no guarantee that any amount of expenditure will influence a voter in a particular way if they feel that that is wrong, and each of us as voters exercises that judgment equally and freely under the law. The amendments we have been so keen to spend some time on are about the integrity of and confidence in that process, under which every single voter is equal in the power they exercise in a democracy.

I think that I have made my point. Let us consider what the greatest threat to the integrity of our democracy is. I am concerned about the ways that concerns such as those articulated in these amendments have been weaponised by some political actors, so I will abstain if they are pressed to a vote.

New Clause 36 and Amendment 25 would place a new legal duty on the Electoral Commission to produce guidance for returning officers on how to enforce the offences introduced by the Ballot Secrecy Act 2023. I stress at the outset how seriously the Government take all forms of electoral fraud or coercion, including family voting. It is illegal and unacceptable, and polling staff should feel confident to challenge and report any incidents.

However, I have serious concerns about these amendments. It is essential to point out that the commission can already issue guidance, and it already provides extensive guidance for returning officers. Putting the requirement into legislation would set a new precedent, allowing Parliament to direct how the commission produces its guidance in the future. The Commission’s independence, as we discussed earlier, is central to public confidence in how elections are run. Because the amendments would require Ministers and Parliament to approve or even change the guidance, there is a real risk that people would see that as political interference and involvement in something that should remain an operational matter for the commission.

The extra approval steps could also delay clear guidance for returning officers. If Parliament rejected the draft guidance, the commission would have to start again, creating uncertainty for those responsible for enforcing ballot secrecy. For those reasons—concerns about independence, ministerial involvement, added complexity and the precedent they set—the Government cannot support the amendments.

The hon. Member for North Herefordshire made some comments that, I think, questioned my integrity in making my speech.

Not the hon. Gentleman’s integrity—his judgment.

The hon. Lady says it is my judgment. It is interesting that I am being accused of weaponising an issue because of one aspect where I think there is an imbalance, or a different interpretation of ways of overseeing voting at polling stations. First, that is a subjective term—

On a point of order, Sir Desmond. The House will note that I did not accuse anybody in particular of weaponising an issue. I observed that the issue had been weaponised.

The hon. Lady has made her point, and it is on the record.

The hon. Lady has made her point, but she said that Members were weaponising issues. Seeing that I was the only Member speaking to amendments tabled by the official Opposition and in my name, I think that we can take her meaning as read.

It is interesting that, in looking at possible infringements of an equal right to vote, the hon. Lady focused on family voting. I focused on many other things, including whether we should ask for an independent review of whether the secrecy of the ballot is being maintained by an independent organisation. I mentioned family voting once. I mentioned the activities of political parties at polling stations. I mentioned whether the desks should be looked at differently.

Order. There is a danger that we are being repetitious.

Forgive me, Sir Desmond. I do not think that has necessarily been unique to me on this Committee, but I will draw my remarks to a close. I am being challenged over my intentions in tabling the Amendment. It was well intentioned, but it has been said that it is about just one thing and that it is weaponising an issue, which it is not.

I am keen to avoid being accused of being repetitious in any circumstances. Does my hon. Friend agree that the key strength he is advocating for is the integrity of the ballot as the guardian against all these issues? If we have a secret ballot that we can trust, all the issues of corruption, undue influence, family voting or whatever they may be are managed appropriately. If we fail to ensure the integrity of the ballot, things become irresponsible.

Order. That is definitely a repetition of points that have already been made.

I thank my hon. Friend for his Intervention, which I of course endorse. Some remarks have intimated that we have not commented on other aspects of the Bill. All I will say is that I welcomed the comments made by the hon. Member for North Herefordshire on cryptocurrency, and I said to the Liberal Democrats’ spokesperson that I would look to support them on some aspects of capping electoral finances. I think we need to be very careful when we speak.

I will push the new Clause to a vote and we will vote in favour of it, because anybody on the Committee who is scared of an independent review of whether our system works should not be hiding away from the people who vote for them.

Question put, That the clause be read a second time.

The Committee divided: Ayes 2, Noes 10.

Question accordingly negatived.