MD2970 Voter ID awareness campaign

1.1. Civic and democratic participation is a key pillar of social integration. The GLA has statutory powers to promote social development in London. Supporting active citizenship and democratic participation furthers social cohesion, and fits within this remit. The GLA’s civic and democratic participation programme of work has been established via MD2447, which approved initial expenditure for a voter registration pilot project in 2019; and the following decisions that approved London Voter Registration Week (LVRW) activity between 2020 and 2022, namely: ADD2399, MD2680, ADD2483, MD2798 and DD2557.

1.2. Research from the Electoral Commission and the Cabinet Office into the state of electoral registers shows that London has one of the lowest voter registration rates across the UK’s regions and nations. Not being registered to vote has significant consequences for representation and inclusion in London, including exclusion from selection for jury service and increased difficulties in gaining a credit rating.

1.3. The Survey of Londoners has shown that higher levels of well-being are associated with active participation; and that some forms of participation are positively linked to belonging to London, including registering to vote, which is also linked to feelings of belonging to a local area. It has also revealed that one in three Londoners aged between 16 and 24 are not registered to vote. By contrast, 97 per cent of Londoners aged 65 or over are registered. Other under-registered groups are Londoners from a Black ethnic background (83 per cent registered, compared to 94 per cent of White British Londoners); and social and private renters (85 per cent and 86 per cent registered, respectively, compared with 93 per cent of owner-occupiers).

1.4. The Elections Bill 2021 is currently progressing through Parliament and is expected to be enacted in 2022. As it is currently drafted, one key aspect of the Bill will introduce a requirement for voters to show an approved form of photographic identification before collecting their ballot paper to vote at a polling station for UK Parliamentary elections and other local elections, including elections for the Mayor of London and London Assembly (“the introduction of photo Voter ID”). Documents that are planned to be accepted as an approved Voter ID include: passports; driving licences; various concessionary travel passes; and photocard parking permits issued as part of the Blue Badge scheme. Any voter who does not have an approved form of identification will be able to apply for a free Voter Card from their local authority.

1.5. Another key aspect of the Bill will remove voting rights from some EU Londoners. In simple terms, EU citizens will have to belong to one of two groups to be able to participate in the above elections. They must either be a citizen of an EU member state with which the UK has a voting rights agreement (currently Spain, Portugal, Luxembourg and Poland) or have been resident in the UK at a relevant date and retained lawful immigration status, notwithstanding the UK’s withdrawal from the EU (“the EU voting changes”). When referred together, these two aspects of the Bill (the introduction of photo Voter ID, and the EU voting changes) are referred to as the Voting System Changes.

1.6. It is considered that the introduction of photo Voter ID is likely to have a significant impact on Londoners’ ability to exercise civic and democratic rights. Those most likely to be impacted are already under-registered and under-represented, have been disproportionally impacted by the Covid-19 pandemic and the cost-of-living crisis, and experience low levels of trust in politics and the democratic systems.

1.7. At this stage, and until the final list of acceptable photographic voter ID is finalised, we cannot estimate how many Londoners do not have any form of ID. However, looking at individual forms of ID, the GLA City Intelligence team has estimated that:

• around 550,000 Londoners do not have a passport (data source: detailed EU/EFTA Passport held, Ward Tool, 2018)

• over 2,600,000 Londoners do not have a full driving licence, with females less likely to have a driving licence (42 per cent) than males (32 per cent) (data source: National Travel Survey: 2019)

• 13 per cent of Londoners aged between 60 and 64 do not have an Oyster photocard (data source: TfL, active cards in 2020-21)

• only around one in five (18 per cent) of disabled Londoners would be able to present a Freedom Pass as ID, if required (data source: Taxicard and Freedom Pass usage statistics 2020–21, London Councils)

1.8. Furthermore, the London Voices research into the journey to civic and democratic participation found that most of the organisations surveyed believe photo voter IDs would reduce participation; widen the democratic deficit; and impose unfair barriers on already marginalised communities, such as disabled Londoners, and Black, Asian and Minority Ethnic Londoners. It is therefore important to raise awareness of this change, as is proposed in this Mayoral Decision, to help support active citizenship and democratic participation.

1.9. It is also important that EU Londoners are made aware of the EU Voting Changes. As is noted above, if the Bill is enacted, EU citizens will have to belong to one of two groups to be able to participate in UK elections. They must either be a citizen of an EU member state with which the UK has a voting rights agreement (currently Spain, Portugal, Luxembourg and Poland) or have been resident in the UK before 1 January 2021 and retained lawful immigration status, notwithstanding the UK’s withdrawal from the EU. Most EU Londoners who have arrived since 1 January 2021 would be ineligible to vote. Other EU Londoners who lose their immigration status in the future (including EU Londoners who currently have pre-settled status) would also be ineligible. ONS data shows that approximately 700,000 EU Londoners (excluding British, Cypriot, Maltese and Irish nationals) were eligible to vote in Mayoral and Assembly elections as of 1 December 2018. This constitutes 11.6 per cent of the London electorate. According to data on the applications to the EU Settlement Scheme, around one in five London residents is European, but EU Londoners are the most under-registered community by nationality with only 69 per cent registered. It is therefore important that those EU Londoners who will and will not be eligible to vote, if the Bill is enacted, are aware of their rights.

1.10. In drafting the proposals contained in this Mayoral Decision, GLA officers have consulted extensively with the Electoral Commission, the Association of Electoral Administrators – London branch and civil society organisations led by communities that will be disproportionally impacted by the legislation. Officers have also considered evidence from the cross-party Joint Committee on Human Rights which raised concerns about the potential racial discriminatory impact of the introduction of photo Voter ID; from the cross-party Public Administration and Constitutional Affairs Committee (PACAC); and from the Joseph Rowntree Foundation, which found that 1.7 million low-income voters could be disenfranchised.

1.11. The proposals are also consistent with the work of the London Voter Registration Strategic Partnership (LVRSP). The GLA established the London Voter Registration Strategic Partnership (LVRSP) in 2019, and continues to collaborate and coordinate closely with the LVRSP as part of its wider civic and democratic participation programme and advocacy. The LVRSP is made of representatives from professional and statutory bodies (the Association of Electoral Administrators – London branch and the Electoral Commission), and from civil society organisations. The LVRSP enables the GLA to maintain close working relationships with statutory bodies, London Councils and civil society on key non-party political, impartial civic and democratic participation activity and advocacy. The LVRSP acts as a conduit for sharing best practice; reviewing assets; and supporting the delivery and evaluation of activity in this policy area, informing GLA work in this area.

Objectives

2.1. This MD seeks approval for expenditure to create public awareness in London, via the two means set out below, of the Voting System Changes should the Elections Bill 2021 be enacted.

Pan-London public awareness campaign

2.2. The GLA will, working with TfL procurement, run a competitive tender process to commission a delivery partner to design and deliver a public awareness campaign. The objectives for this first phase of work are:

• to build on the lessons learned from previous LVRWs (2019-22), to ensure that:
  • accessible, inclusive, representative resources are co-produced and co-designed with under-registered and under-represented communities
  • resources are impartial, available in various formats (digital, video and print, and in community languages) and distributed through various channels and a broad coalition
  • content is issue- and community-focused
  • the GLA remains anti-racist in the design and delivery of all its civic and democratic participation activity
• to collaborate and coordinate with the LVRSP and build on the LVRW’s broad coalition of support to deliver public awareness activity, at scale, across London from October 2022 onwards
• to engage Londoners via an online campaign, including the creation of a social media pack and an education pack, and the design of a website to host all these resources (building on the lessons from the LVRW Hub – registertovote.london)
• • to evaluate activity, review lessons learned by March 2023 and inform activity for the financial year 2023-24.

2.3. The Electoral Commission and the Association of Electoral Administrators – London branch) are aware of and support this proposal and, collaborating and working with these bodies, the GLA will coordinate the design and delivery of the above-mentioned information materials and activity, designed to raise public awareness of the Voting System Changes. The Electoral Commission, the Association of Electoral Administrators – London branch, and other strategic partners within the LVRSP will be able to use the materials and resources to facilitate and support any roles they have as public bodies in promoting awareness of the Voting System Changes.

Grant funding programme

2.4. Once the delivery partner for the public awareness campaign is commissioned, the GLA will launch a grants programme aimed at organisations led by under-registered and under-represented communities. The objectives for this second phase of work are as follows:

• to support organisations led by: Black, Asian, Ethnic Minority and migrant Londoners, including EU Londoners; young Londoners; Deaf and disabled Londoners; LGBTQ+ Londoners; older Londoners; and social and private renters to deliver impartial activity in their respective communities and pan-London. These are the most under-registered and under-represented groups in London, and could be disproportionally impacted by the introduction of photo voter IDs and the removal of voting rights for some EU Londoners. Bidding organisations will need to evidence a track record of delivering impartial and impactful civic and democratic engagement activity and have an impeccable non-party political reputation.
• to ensure activity is delivered in local communities by trusted and influential community-led organisations through in-person awareness-raising and informational activity in familiar settings.

2.5. Again, the Electoral Commission and the Association of Electoral Administrators – London branch are aware of and support this proposal. Collaborating and working with these bodies, the GLA will coordinate the production of a framework as to the allocation of such grant funding. This will be designed to accommodate facilitating and supporting, as appropriate, any roles that the Electoral Commission, the Association of Electoral Administrators – London branch, and other LVRSP strategic partners have as public bodies in promoting awareness of the Voting System Changes amongst under-registered and under-represented communities.

2.6. To ensure reach and impact at scale, GLA officers will seek match funding for the grants programme from London funders via the Citizenship and Integration Initiative, and the UK Democracy Fund. If match funding is not secured, GLA officers will ask organisations we are funding to secure additional resource to bolster the campaign; and will make sure grantees design intersectional campaigns to target disproportionality impacted groups.

Expected outcomes

2.7. The overall expected outcomes of the public awareness campaigns and the grants programme will build on the established reputation and success of LVRW activity and include:

• raised awareness among London’s under-registered and under-represented communities about changes to civic and democratic rights
• raised awareness – particularly among young Londoners; Black, Asian, Minority Ethnic and migrant Londoners (including Commonwealth and EU Londoners, in line with voting rights); social and private renters; LGBTQ+ Londoners; and older and low-income Londoners – who do not have a photo Voter ID that they can apply for a free Voter Card
• increased support for the capacity and activity of London borough councils and civil society organisations, using assets created as part of the GLA-coordinated campaign, as they engage young Londoners; Black, Asian, Minority Ethnic and migrant Londoners (including Commonwealth and EU Londoners, in line with voting rights); social and private renters; LGBTQ+ Londoners; and older and low-income Londoners.

2.8. Subject to the final provisions in the Elections Bill once enacted, and early evaluation of impact, there may be a requirement to draw down additional funds within 2022-23 to ensure adequate reach. Any such drawdown would not exceed £150,000, would be drawn from central contingency subject to outturn in the Communities and Skills budget and would be subject to approval via Director’s or Assistant Director’s Decision.

3.1. Under the Public Sector Equality Duty (PSED) in section 149 of the Equality Act 2010, as a public authority, the Mayor and GLA must have due regard to the need to eliminate unlawful discrimination, harassment and victimisation, and any conduct that is prohibited by or under the Act; and to advance equality of opportunity, and foster good relations, between people who share a protected characteristic and those who do not. Protected characteristics under the Equality Act are age, disability, gender reassignment pregnancy and maternity, race, religion or belief, sex, sexual orientation, and marriage or civil partnership status (the duty in respect of this last characteristic is to eliminate unlawful discrimination only).

3.2. Compliance with the Act may involve, in particular, removing or minimising any disadvantage suffered by those who share a relevant protected characteristic, taking steps to meet the needs of such people; and encouraging them to participate in public life, or in any other activity where their participation is disproportionately low, including tackling prejudice and promoting understanding. In limited circumstances this may require treating people with a protected characteristic more favourably than those without the characteristic.

3.3. This programme of work sits under the GLA Equality, Diversity and Inclusion (EDI) cross-cutting principles, as it has a focus on tackling inequalities and barriers to civic and democratic participation among: Black, Asian, Minority Ethnic and migrant Londoners, including EU and Commonwealth Londoners; young Londoners; Deaf and disabled Londoners; social and private renting Londoners; older Londoners; and those from a low socio-economic background. These are the Londoners who are currently less likely to be registered or represented in the democratic system, or to possess a photo ID. Many of these Londoners share protected characteristics and have been disproportionally impacted by the Covid-19 pandemic and the cost-of-living crisis. It is considered that the proposals contained in this Mayoral Decision will help many of these Londoners to better understand the voting system and their rights, removing or minimising disadvantage that could otherwise arise, and also encouraging participation in public life.

4.1. Key risks and issues

4.2. There are no direct health or health inequality implications arising from the activities proposed for approval in this Mayoral Decision; although, as is noted at paragraph 1.3 above, higher levels of well-being are associated with active participation.

Links to Mayoral strategies and priorities

4.3 This project is key to delivering on the high-level objective made in the Mayor’s Social Integration strategy, All of Us, to “equip more Londoners to participate in democratic processes”. It builds on the commitments set out in the Mayor’s Equality, Diversity and Inclusion (EDI) strategy, focusing on addressing the inequalities and barriers that are particularly detrimental to civic and democratic participation across London, but especially among under-registered and under-represented Londoners.

4.4 Throughout the passage of the Bill, the Mayor has made representations to the Minister for the Constitution and cross-party parliamentarians from both Houses of Parliament, stressing the negative equality implications of the introduction of a limited list of acceptable photo voter IDs and of removing voting rights from some EU Londoners.

Consultation and impact assessments

4.5 Since 2017, the GLA has been running extensive engagement on its civic and democratic participation programme of work and advocacy, with a diverse range of statutory and civil society stakeholders.

4.6 Since 2021, the GLA has consulted with all bodies and persons that it considers appropriate to consult with before seeking approval of this Mayoral Decision. This includes consulting the Electoral Commission, as the UK’s electoral regulator, and borough electoral service professionals on the GLA’s draft plans to address any potential negative impacts of these unprecedented changes to civic and democratic rights, in order to ensure no eligible Londoner is left without a voice and a vote. See also paragraphs 1.11, 2.3 and 2.5, above.

4.7 The plan reflects these discussions, best practice and lessons learned from previous years.

4.8 In early March 2023, the delivery partner and the GLA, in consultation with appropriate statutory bodies and civil society partners, will review reach and impact, produce an evaluation brief and use it to inform proposals for activity in the financial year 2023-24 that will build on, but not be limited to, the public awareness activity and grants programme delivered in the financial year 2022-23.

4.9 No conflict of interest was identified in the drafting or clearance of this decision document.

5.1. Approval is being sought for expenditure of £175,000 towards a public awareness campaign and grants programme, as detailed below.

5.2. The expenditure will be funded from the Voter Registration programme budget held within the Communities and Social Policy Unit for the respective financial year.

5.3. The programme sits within the EDI foundation.

5.4. In line with previous LVRW procurement processes, the GLA reserved the right to ask the service provider to cease activities. It is a condition of any contract that the chosen provider seeks explicit permission from GLA’s authorised representative (identified in the contract) before commencing any work or producing any public communication. Any unauthorised activity shall not be paid and will be deemed as not instructed by GLA.

6.1 Under Section 30(1) of the Greater London Authority Act 1999 (as amended) (“GLA Act”), the GLA has a General Power to do anything that furthers the promotion of social development in Greater London. As is noted above in this Mayoral Decision, it is considered that raising awareness of the Voting System Changes, particularly among under-registered and under-represented communities, will promote and support democratic participation and further social cohesion. On this basis, the activities proposed in this Mayoral Decision fall within the GLA’s General Power.

6.2 The GLA’s General Power is, however, limited by Section 31(3) of the GLA Act, which provides that the GLA must not incur expenditure using its General Power to provide any education services where the provision in question may be made by a London borough council, or other public body.

6.3 The Elections Bill 2021 does not currently contain any provisions as to what local authorities or the Electoral Commission can or should do to raise awareness of the Voting System Changes. The Voting System Changes are also separate to, and distinct from, voter registration, in respect of which borough electoral registration officers have specific responsibilities under electoral law (see Mayoral Decision 2447). The Electoral Commission does, however, have a statutory duty to promote awareness of current and pending electoral systems in the United Kingdom (see Section 13 of the Political Parties, Elections and Referendums Act 2000 headed “education about electoral and democratic systems”).

6.4 To the extent that the activities proposed in this Mayoral Decision do not constitute the provision of education services that may be provided by the Electoral Commission, a London borough or any other public body, the GLA will be permitted to undertake the proposed activities under its General Power. In determining whether or how to exercising its General Power, the GLA must amongst other things have regard to the effect which the proposed exercise of the power would have on the health of persons in Greater London and promoting improvements in health; and health inequalities in Greater London and promoting the reduction of such inequalities. Paragraph 4.2 of this Mayoral Decision notes that there are no direct health or health inequality implications arising from the activities proposed for approval in this Mayoral Decision, but also notes that higher levels of well-being are associated with active participation. The General Power is also only exercisable after consultation with such bodies or persons as the GLA considers appropriate (see: section 32(1) of the GLA Act). Section 4 of this Mayoral Decision addresses this requirement.

6.5 . To the extent that the activities proposed in this Mayoral Decision could constitute the provision of education services that may be provided by the Electoral Commission, a London borough or any other public body, the GLA will only be permitted to undertake such activities under its General Power if the activities constitute co-operation with, or facilitating or co-ordinating the activities of those bodies in providing such education services (see: section 31(6) of the GLA Act). Section 2 of this Mayoral Decision identifies how the GLA’s proposed activities involve cooperating with the public bodies mentioned above. Section 2 of this Mayoral Decision also identifies how the proposed activities will facilitate and support the activities of those bodies in promoting awareness of the Voting System Changes, including amongst under-registered and under-represented communities.

6.6 Legal advice should be taken, as appropriate, throughout the design and delivery phases to ensure the proposed activities constitute cooperation with, or facilitating or coordinating relevant activities of, the public bodies mentioned above. Similarly, it will be prudent to coordinate the GLA’s activity in this area with any planned activities of these bodies; and for the GLA to continue working with the LVRSP to provide guidance and advice, and ensure any activities facilitate, coordinate or cooperate with the activities of local authorities.

6.7 Importantly, and in any event, the GLA’s activities and published materials in this area must at all times be apolitical, objective, factual and neutral. They must not be, or be capable of being perceived to be, seeking to affect public support for or opposition to the Voting System Changes, provisions of the Elections Act (should it be enacted), or any other such related matters. They must not be capable of being perceived as designed to affect public support (positively or negatively) for a political party or a candidate in an election; and must comply with the GLA’s Use of Resources Guidance and the Code of Practice on Local Government Publicity. In addition, the GLA’s activities in this area must at all times be kept separate and distinct from the functions of the Greater London Returning Officer, whose actual and perceived impartiality is vital. Any materials produced should be reviewed to ensure compliance with the above.

6.8 In taking the decisions requested, the Mayor must have due regard to the Public Sector Equality Duty – namely the need to eliminate discrimination, harassment, victimisation and any other conduct prohibited by the Equality Act 2010; and to advance equality of opportunity, and foster good relations, between persons who share a relevant protected characteristic (race, disability, gender reassignment, age, sex, sexual orientation, religion or belief, pregnancy and maternity, and marital or civil partnership status) and persons who do not (section 149 of the Equality Act 2010). To this end, the Mayor should have particular regard to Section 3 (above) of this report.

6.9 To the extent that expenditure concerns the:

• award of grant funding, that it is distributed fairly, transparently, in manner that affords value for money, and in accordance with the requirements of the GLA’s Contracts and Funding Code; and that grant-funding agreements are put in place between, and executed by, the GLA and recipients before any commitment to fund is made

• payment for services, that those services are procured in liaison with TfL Procurement and in accordance with the GLA’s Contracts and Funding Code; and that contracts are put in place between, and executed by, the GLA and contractors before commencement of such services.