There is widespread concern about how our politics works, and fewer people are voting in UK elections. In response, ministers claim that the Representation of the People Bill, published this month, will “create a fair, secure and inclusive democracy, while delivering on government manifesto commitments”. It is due for second reading in the Commons on 2 March. So, what will it do, and not do?
Votes at 16
This is the issue which the government hopes to focus attention on. As promised in Labour’s 2024 manifesto, the Bill will lower the voting age to 16, adding 1.7 million people to the electorate. That will bring UK-wide elections in line with Wales and Scotland, where the lower voting age has led to higher turnout and more engagement among young people.
This is not surprising. When young people are still in education, they are more likely to hear about elections and have more opportunity to share ideas with their peers. Democracy and elections already form part of the national curriculum for citizenship, and alongside the Bill, the government has other plans to support this. The Curriculum and Assessment Review is strengthening citizenship education, and is making it compulsory in primary school.
Welcoming the change, Harriet Andrews, Director of the democratic education organisation, The Politics Project, says, “There’s a perception that this age group doesn’t care about politics, but after more than ten years supporting young people to engage in democracy, we know they care deeply about the issues that shape their futures.”
Blocking foreign money
There has been growing concern about the influence of foreign and illicit money in British elections. It has been alleged that Russian interference influenced the Brexit referendum. There is also concern that the recent US National Security Strategy is explicit that the US will seek to influence UK politics.
Following the conviction of former Brexit Party MEP, Nathan Gill, for working for Russia, the government set up the Rycroft Review into foreign interference in UK politics. The review will report in March, in time to influence the Bill as it passes through Parliament. However, the Bill makes no mention of cryptocurrency, which may be a way of bypassing regulation.
Controlling party donations
Currently, a new company registered today, owned by anyone, funded from anywhere, without ever trading, can donate to a party and have influence in UK politics. The Bill will block this by requiring companies donating to parties to have a genuine UK connection (eg headquartered and majority controlled in the UK). They will also have to show that they have generated sufficient revenue (not profit) in the UK to cover the donation. The rules on informal ‘unincorporated associations’ will also be tightened.
Parties, campaigners and candidates will have to undertake systematic ‘Know Your Donor’ due‑diligence before accepting donations, and they will have to declare all donations over £11,180. Also, the sanctions on breaking donation and spending rules will be strengthened with maximum fines rising from £20,000 to £500,000.
Making voting easier
When the last government introduced identity checks for voters for the first time, there was concern that the list of recognised identity documents excluded some groups of people, and that this would reduce turnout by some groups.
The Bill will keep the requirement for identity checks, but it will expand the list of accepted voter ID documents, and make adjustments to postal/absent voting. New rules will make it easier to get and stay on the register, which is a particular issue for young and frequently moving voters.
Other changes are planned. In this year’s local elections, several councils in England will test new flexible voting options, including polling stations in supermarkets and railway stations. The government also plans to explore new technologies to improve voter registration, including automatic registration, to try to reach the 7-8 million eligible people who are either unregistered or incorrectly registered to vote.
Preventing abuse and intimidation
The recent rise in abuse and intimidation of people taking part in public life is deterring people from standing for office. This particularly affects women and minority ethnic representatives.
Procedures on nominations and candidate address rules will be changed to increase security of candidates. The Bill will give courts the power to impose tougher sentences for offences involving electoral intimidation.
What is missing
The Bill includes many welcome reforms. However, there are still gaps. As the Bill passes through Parliament we may expect challenges on a number of issues. They include:
Company donations: donations are limited, not by profit, but by company revenue, which sets the bar much higher. And since the cap applies to individual donations, a company can make very large donations by supporting multiple candidates, with each one receiving the limit.
Cryptocurrency: is not mentioned. This may be important in controlling foreign donations. The Rycroft review may lead to amendments to the Bill.
Spending outside election periods. Funding limits only apply during election periods, so parties can build up funds between elections.
Strategy and Policy Statement. There is no proposal to remove the requirement, created by the last Conservative government, that the Electoral Commission take account of a ‘Strategy and Policy Statement’ issued by the government. This allows the government of the day to interfere in the election process.
Misleading statements and deepfakes: there is no proposal to ban the publication of factually misleading material.
First past the post. The Bill remains silent on the most egregious issue in our politics: the continued use of first past the post elections (FPTP) in England (Scotland and Wales already have proportional representation).
First past the post worked when there were only two main parties, but this is no longer the case. The 2024 general election was the least representative in history, with the Labour Party winning two thirds of the seats in parliament, with only one third of the votes cast. Now, when there are four or five parties polling at similar levels any one could secure a working majority with less than a quarter of votes cast.
Timetable
This is a complex and highly technical Bill (currently 194 pages), which will take time to debate and refine. The broad principles will be considered at its second reading on 2 March, and the government expects it to be in place for the next general election, probably in 2029. It is unlikely to affect local elections before then.
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