Part of Electoral Administration Bill – in a Public Bill Committee am 2:00 pm ar 17 Tachwedd 2005.
I do not wish to detain the Committee any longer than necessary. However, it is important not to allow the clause to slip by without remark because it introduces one of the 10 offences that were outlined earlier. The clause deals with some of the issues that have been raised recently about the integrity of postal voting in a couple of wards. For obvious reasons, I will not comment on the individual cases. In clause 38, we introduce a new electoral offence of falsely applying for a postal vote. It will be both a corrupt practice and a criminal offence to apply for a postal or proxy vote with the intention of stealing another person's vote or gaining a vote to which the applicant is not entitled.
The provisions implement recommendations made by the Electoral Commission. As members of the Committee know, there are a number of offences relating to fraud and corrupt practices at elections, but there is no specific electoral offence of fraudulently applying for a postal or proxy vote, and we wish to rectify that. A specific offence of fraudulently applying for a postal vote will make it easier to bring prosecutions and will demonstrate that the House is taking the matter seriously.
The new offence provisions will cover the following activities: applying for a postal or proxy vote as some other person, including a fictitious or dead person; otherwise making a false statement in an absent vote application; inducing the returning officer to send a postal ballot paper or any communication relating to a postal vote to an address that has not been agreed by the person entitled to the vote; and causing a communication relating to a postal or proxy vote or a postal ballot paper not to be delivered to the intended recipient.
The clause specifies that the intention that must be proved is that the person intended to deprive another of the opportunity to vote, or intended to gain a vote to which he was not entitled, or intended to make a gain of money or property.
A person convicted will be guilty of a corrupt practice, and could face up to two years in prison, an unlimited fine, and being prevented from being registered to vote or stand as a candidate for five years. I believe that the clause sends the clearest possible signal that the House will not tolerate any attempt to interfere with postal or proxy voting by an attempt to steal or deprive another person of their vote.