Month: October 2019

Source: The Times

With a general election now firmly on the horizon, you’d imagine a similarly animated conversation would develop regarding how prepared the country is to hold a free and fair ballot. In recent years it’s become increasingly clear that our election laws have failed to keep pace with technological change.

Far too often political messages can be placed online with no information as to who paid for them, which candidate they support, and why. It has become increasingly easy for campaigns to use micro-targeted messages to fan the prejudices of small groups, safe in the knowledge that the wider electorate won’t be aware of them.

The government has promised it will introduce proposals for “imprints” on all online political advertising, as is the case offline. However, progress has been achingly slow. The government launched a consultation in July last year but, with an election looming, has yet to put forward any proposals. Earlier this year it also committed to hold a consultation on measures to protect electoral integrity, including increasing transparency in political advertising. However, this also is yet to appear. When the democracy and digital technologies committee, which I chair, questioned civil servants on when this consultation would take place we were told the decision was still “sitting with ministers”.

This sense of a lack of government action is extremely worrying. The Electoral Commission put forward perfectly sensible recommendations for updating electoral law almost a year and a half ago, and the government has yet to respond to them. The written submissions that our committee has received are all but unanimous in agreeing with the commission’s suggestions that all political advertising should come with an imprint, and should be recorded in real time on publicly available databases, so that the electorate can see the claims that are being targeted at different audiences.

This failure to act risks undermining voters’ faith in democracy as a whole. There is a real danger that following the next general election, the losing side can plausibly claim the result to be illegitimate due to dark messaging having subverted the democratic process. This in turn would undermine the legitimacy of our government; precisely the goal of every malign foreign actor wishing to influence the outcome of our elections. The objective of dictators across the world is to spread the idea that democracy is a chaotic process that fails to lead to stable government. Government inaction in western democracies like our own can only help them achieve this aim.

There are enormous and unresolved questions over how digital technology should be regulated to ensure that, over time it can support rather than undermine our form of representative democracy. This is where our select committee will be focusing its inquiry over the next six months. However, the immediate changes that need to be made are obvious, and have been for some time. For too long the government has failed to act, to a point which there are legitimate questions to be asked and answered. We cannot go into the election without the degree of transparency the public needs if it is to maintain trust in our democratic system.

Source: Hansard 

My Lords, rather like the noble Lord, Lord Cormack, I think that the most important issue in front of us is the restoration of trust between us and the electorate. I first declare an interest as chair of this House’s Democracy and Digital Technologies Committee. As such, with the date of the general election seemingly in place, it seems only right to ask the Minister how prepared he feels the country really is to hold a free and fair ballot. Surely this House will agree that nothing could be worse than a contested election result.

For a number of years, it has been clear that our election laws have failed to keep pace with technological change. As we are all aware as a result of the Cambridge Analytica scandal—and it was a scandal—messages can be placed online with no information about who paid for them, which candidate they support and why. It has become increasingly easy for campaigns to use microtargeted messages to fan the prejudices of individuals, safe in the knowledge that the wider electorate will not be aware of them.

The Government have promised that they will introduce proposals for imprints on all online political advertising, as is the case offline. The Government launched a consultation in July 2018, but have as yet failed to put forward any proposals. Earlier this year, they also committed to hold a consultation on measures to protect electoral integrity, including measures to increase transparency in political advertising. However, that also is yet to appear.

When the Democracy and Digital Technologies Committee questioned civil servants on when this consultation would take place, we were told that the decision was still sitting with Ministers. The sense of government inaction is incredibly worrying. The Electoral Commission put forward perfectly sensible recommendations for updating electoral law almost a year and a half ago, and the Government have yet to respond to them. The written submissions to our committee are all but unanimous in agreeing with the Electoral Commission’s suggestions that all political advertising should, first, come with an imprint, and secondly, be recorded in real time on publicly available databases so that the electorate can see the nature of claims being targeted at different audiences. There must be greater transparency. This failure to act risks undermining voters’ faith in democracy as a whole.

There is a real danger that, following the coming election, the losing side could plausibly claim the result to be illegitimate due to dark messaging having been used to subvert the democratic process. That in turn would undermine the legitimacy of whoever was elected—precisely the goal of every malign foreign actor wishing to influence the outcome of our elections.

The objective of dictators across the world is to spread the idea that democracy is a chaotic process that fails to lead to stable government. Government inaction in allowing this election to go ahead without the minimum recommendations of the Electoral Commission being in place can only help those foreign actors achieve their aims. There are enormous and unresolved questions over how digital technology should ​be regulated to ensure that, over time, it can support rather than undermine our form of representative democracy.

The immediate changes that need to be made are obvious, and have been for a good while. For too long the Government have failed to act, to a point at which there are entirely legitimate questions to be asked—and indeed answered. We cannot go into this election without the degree of transparency that the public deserve if we are to maintain trust in our democratic system. In “getting Brexit done”, we could all too easily inadvertently destroy long-term trust in British democracy itself.

Source: Hansard

My Lords, for the sake of brevity, I will restrict myself to just two of the recurring fantasies that we are currently forced to listen to. The first is that the country will somehow find itself united under a Government led by Boris Johnson. As even his friends concede, Mr Johnson is an almost uniquely divisive and untrusted figure. While I would argue that remainers tend to be less viscerally unforgiving than their opponents, the idea that the division that has riven this country for over three years is going to be magically healed is surely the one nonsense we can all agree upon—and certainly will when the full impact of unrestrained market forces begins to devastate the lives of those least able to withstand it. Should the Prime Minister succeed this evening, the only winners will be not the people of this country, but Mr Putin, Mr Trump, Mr Bolsonaro and others whose route to success is based on the flagrant exploitation of ignorance and fear. I was taught by my parents that we can be most easily judged by the friends we make.

The second deliberate falsehood that has been peddled is that a confirmatory referendum will inevitably lead to a likely third, fourth or even fifth one. Clearly, this is put about by people who struggle with the English language. Check out the word “confirmatory” in the dictionary, and you will find that it means,

“serving to make an arrangement or agreement definite or valid”.

It is bolstered by words such as “verifying”, “substantiating”, “validating” and “closure”.

I live in the Republic of Ireland, a country that has recovered from a painful birth. Noble Lords will remember that the Irish rejected the Lisbon treaty in 2009 but, having secured an enhanced role for small states, then voted to agree the ratification by an overwhelming majority of 67%. Were they right the first time or the second time? The most recent poll, in May 2018, indicated that over 90% of Irish citizens now wish to remain in the EU, and when it comes to people too ​young to have voted in those earlier referenda, the figure is closer to 99%. That is what I would describe as closure. I have never heard it suggested that having a second and better-informed view can be a bad thing. In fact, it could reasonably be said to be the primary function of your Lordships’ House.

Find me one adult in this country who on 23 June 2016 knew what they were voting for, knew they were voting for the deal being laid before Parliament today. It is quite possible that it will be embraced as the very least worst option. If so, why are those proposing it so afraid of referring it to the people? Are they concerned that misdirected lightning will fail to strike twice? You are damned right they are.

I would simply make one additional point. Should the Prime Minister impose his deal on the country, the momentum could easily encourage him towards a further victory at a general election. In my view, a Boris Johnson Government would be a disaster not just for this country but for every single Member of this House. In that respect, I am perfectly happy to be judged by history. That being the case, I ask any waverers in my own party who later today might be thinking of voting with the Government, and against a confirmatory referendum, to recall a speech made by my noble friend Lord Kinnock in Bridgend on 7 June 1983. It was a speech which led me and many other disillusioned Labour supporters to rejoin the party. To paraphrase my noble friend, if Boris Johnson wins this evening then, under his Government, I warn you not to be vulnerable. I warn you not to be young, not to fall ill and not to grow old. Most of all, I warn you not in any way to need the help of the state, as it is very likely not to be forthcoming.