(8 months ago)
Commons ChamberThis text is a record of ministerial contributions to a debate held as part of the Absent Voting (Elections in Scotland and Wales) Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
I congratulate my hon. Friend the Member for Edinburgh North and Leith (Tracy Gilbert) on her Bill successfully reaching Second Reading. I thank election officials and express my gratitude for all the work they did at the general election and in other elections.
The Bill provides the legal framework for applications to vote by post or proxy in devolved elections in Scotland and Wales to be made online through the services already in place for UK parliamentary elections and local elections. It will also deliver changes to align application procedures for different types of elections, which will reduce the risk of confusion among electors about which arrangements they have in place for different elections, as has been said. By enabling access to those online services, the Bill will make the lives of thousands of electors easier and encourage participation in our democracy. In short, my hon. Friend’s Bill addresses a difference that, if not resolved, would see electors in Scotland and Wales having less choice than those in England when it comes to electoral services. The Government wholeheartedly support the aim of removing that divergence.
I am delighted that we have had such a great turnout of Members for the debate. I thank my hon. Friends the Members for Falkirk (Euan Stainbank), for Erewash (Adam Thompson), for Southport (Patrick Hurley), for Brentford and Isleworth (Ruth Cadbury), for Bathgate and Linlithgow (Kirsteen Sullivan), for Gower (Tonia Antoniazzi), for Bangor Aberconwy (Claire Hughes), for Glasgow North (Martin Rhodes), for Glasgow West (Patricia Ferguson) and for Rushcliffe (James Naish) for their contributions. I thank the Opposition spokesperson, the hon. Member for Hamble Valley (Paul Holmes), for his contribution. It is extremely beneficial and helpful that there is agreement on the need to do this, and I am grateful for that cross-party support. I will not have the opportunity to respond to all the points in the debate. If I do not cover them all in the short time I have, I will be happy to follow up in writing.
We are committed to supporting returning officers in ensuring access to participation, particularly of those with disabilities and older voters, as mentioned by my hon. Friends. We continue to work closely with organisations that support disabled individuals to participate in our democratic process. On the point made about the complexity of the electoral system, we will work closely across the sector to gather feedback, analysis and ideas.
A number of hon. Members raised the importance of increasing engagement in the political process and increasing participation, including the voting age and younger voters. Various factors can impact voter turnout levels at elections, as was highlighted in the Electoral Commission’s report last year in the general election. As set out in our manifesto, the Government are committed to strengthening our democracy and widening participation in our elections. We will ensure that every legitimate voter has the opportunity to vote and is encouraged to exercise their right to vote, and we are making good progress on several areas to deliver those commitments.
Work is also under way on extending the franchise for all UK elections to 16 and 17-year-olds, and legislation for that will be introduced in due course, strengthening our democracy and empowering young people to participate in it. We firmly believe in building a strong foundation for democratic participation among young people, and we will work closely with stakeholders to ensure that it is implemented appropriately.
The Bill puts citizens’ needs at its heart and supports the use of technology in delivering services. Ensuring that people’s voices can be heard and encouraging participation are vital to our democracy. I know that colleagues in the Scottish and Welsh Governments share the same objectives. I am therefore delighted that they have chosen to take advantage of this innovation in their elections. My hon. Friend the Member for Edinburgh North and Leith articulated the benefits to electors of bringing Scottish and Welsh elections into the scope of the digital service, and I do not intend to repeat them. Instead, it may be helpful to provide some context by giving Members a brief overview of the history of the online absent vote applications services and outline how this Government will support the implementation of the legislation.
Before the launch of the digital service, any electors who wished to vote by post or proxy would have to request a form by post—as has been pointed out—or print out a form, complete it and return it to their local electoral registration office. That could be a cumbersome and difficult process, and some electors may have had to rely on others to help them with it. The online postal vote and proxy vote allocation services, launched on 31 October 2023, resulted from a thorough design and testing process involving 3,000 citizens across the UK. They have been used to great effect by more than 2 million citizens, both at the local elections in May 2024 and at the most recent general election.
The Bill provides the legal framework for applications for devolved elections in Scotland and Wales to be received through the UK online service, along with some changes to align application procedures, which my hon. Friend has described. Making that legal framework a reality will require further regulations to be designed and delivered by the Scottish and Welsh Governments, with whom the responsibility for devolved polls lies. The Government, having had the experience of delivering these changes for reserved elections, stand ready to provide any advice and support that may be required, and will work closely with the devolved Governments in facilitating the digital change. I assure the House that any changes required to the digital services will need to meet the same robust standards required of all gov.uk services.
Let me turn to some of the points that Members have made. We acknowledge that the Electoral Commission’s findings, set out in its report published last November, identified some problems with aspects of the system for voting by post. In a minority of cases, electors were unable to return their postal ballot packs in time for the 2024 general election, which was a particular problem for overseas electors. We are carefully considering the commission’s findings and recommendations, and we will respond to its report on the 2024 election in the coming weeks. However, it is important to note that the Electoral Commission also found that the majority of people who voted by post were satisfied with the method, and overall postal voter turnout remained high, at 80%. I am confident that the introduction of online absent vote applications for devolved polls would have benefits for administrators in Scotland and Wales rather than having any negative impact.
Discussions have been held with the Scottish and Welsh Governments about the costs associated with their joining the online absent vote application services. As the work involved in the extension of the service is being done at their request, it is appropriate for them to cover the costs of any further work that needs to be completed to achieve alignment. Both Governments have agreed to cover the costs of implementing the services for their devolved elections. Because much of the work involved in designing the services has already been completed, the costs associated with their adoption by Scotland and Wales are likely to be lower than the initial costs incurred before the launch in October 2023.
I hope that, given the time, I can respond in writing to the point made by the hon. Member for Hamble Valley (Paul Holmes). I thank my hon. Friend the Member for Edinburgh North and Leith for her brilliant work on the Bill. I look forward to taking this work forward with her in Committee, and I hope that she is pleased with the outcome today.
(3 months, 1 week ago)
Public Bill CommitteesThis text is a record of ministerial contributions to a debate held as part of the Absent Voting (Elections in Scotland and Wales) Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is my pleasure to serve under your chairship, Mrs Hobhouse. I was very happy about the unanimous support the Bill received on Second Reading, and look forward to examining it in detail today.
The health of our democracy depends on ensuring that all electors are able to participate in the process to choose who represents them. While many people vote in person, there are those who face challenges that make that difficult or impossible, so absent voting arrangements—the option to vote via post or proxy—are vital. In October 2023, the online absent vote application service was introduced, allowing voters to apply online for postal or proxy voting arrangements for the first time. It offered a digital alternative alongside the traditional paper application process.
The online service is already available to electors in Great Britain for UK parliamentary elections, and for police and crime commissioner elections in England and Wales. In England, the service is also available for all local elections. However, voters in Scotland and Wales are currently at a disadvantage. At devolved elections—that is, elections to the Scottish Parliament, the Senedd Cymru and local councils—electors must still complete and submit paper forms to apply for postal or proxy votes. The Bill aims to address that disparity.
The benefits of the new online service were made evident during the 2024 general election. Government data shows that over 1.5 million people in Great Britain applied for a postal or proxy vote in the lead-up to the election, and between the announcement of the election on 22 May 2024 and the absent vote application deadline, 84% of postal vote applications and 93% of proxy vote applications were submitted online. The Bill’s purpose is to extend the same digital application options to voters in Scotland and Wales for devolved elections, thereby ensuring consistency across Great Britain. In particular, the Bill seeks to provide that consistency in time for the May 2026 devolved elections. To be clear, the Bill does not remove the paper application route; it simply gives voters an additional, more convenient option to apply online, should they choose.
Respect for devolution is central to the proposals in the Bill, which has been carefully drafted to ensure that the powers of the Scottish Parliament and Senedd Cymru are upheld. The proposals have been discussed with Ministers in both the Scottish and Welsh Governments, who have agreed to all elements of the Bill. By passing this legislation, we can remove unnecessary barriers and make it easier for voters in Scotland and Wales to participate in our democracy, by providing an online absent voting application option.
Clause 1 will enable regulations to be made that will allow electors in Scotland and Wales to make and submit applications online for absent voting arrangements for local elections through the UK digital service. Currently, electors in Scotland and Wales can make an application for an absent voting arrangement using the UK digital service only for reserved elections, such as a general election. The provisions in the clause will change UK Government legislation to allow Scottish and Welsh electors to make and submit applications online for devolved local elections as well.
To support the integration of the service, the clause enables regulations to be made to apply to devolved absent voting applications the same identity-check requirements as are used in reserved absent voting applications. A national insurance number check will be added to devolved absent voting applications, as is already the case for absent voting applications for reserved elections. The clause will also enable regulations to capture the signature required for postal and proxy vote applications digitally.
The addition of the identity check will make the requirements to apply for a postal or proxy vote the same for all types of election in Scotland and Wales. That will reduce the risk of electors becoming confused about what arrangements they have in place for different types of election, and will give them confidence in the ongoing security of the electoral system by ensuring that postal and proxy votes are applied for only by the voter whose name will be on the ballot. The clause also provides a route for any elector who is unable to provide a national insurance number to submit documentary evidence to confirm their identity.
Clause 1 also amends the time for which postal voting arrangements for local elections remain valid in Scotland and Wales. Currently, postal voting arrangements are potentially indefinite, with a signature refresh required every five years for local and devolved parliamentary elections in Scotland and Wales. The clause will set a maximum time of three years, to align the period with UK arrangements. That is important for electors, who might find it confusing and inconvenient to have different postal voting arrangement lengths for different types of election. A more frequent opportunity to review their voting method, combined with the ease of being able to apply online, supports the elector in ensuring that their arrangements remain the best option for them.
Amendments 1 and 2 are technical amendments that will enable Scottish and Welsh Government Ministers to make transitional provisions for proxy voting arrangements for devolved local government elections. As the Bill currently stands, the power to make transitional provisions for proxy voting arrangements sits with UK Government Ministers. The amendments transfer that power to devolved Government Ministers. The adjustment is proposed to maintain consistency with existing electoral legislation, in which it is standard for such powers to reside with devolved Government Ministers and to be scrutinised by devolved legislatures. Allowing transitional provisions for proxy arrangements to be made through Cardiff Bay and Holyrood will mean that provisions related to devolved local government elections will be made in the appropriate devolved Parliament.
In addition to ensuring consistency, the amendments will provide a practical benefit. As many hon. Members noted on Second Reading, a key aim of the Bill is to deliver the changes in time for the May 2026 Senedd Cymru and Scottish Parliament elections. There is a lot to do between now and then to achieve that aim, and this approach will be helpful and appropriate to maximise the chances of delivering the changes in time for those elections.
The Bill allows the devolved Governments to move swiftly to implement the changes needed to enable online absent voting applications, and the amendments provide for them to make transitional proxy voting arrangements through their own Parliaments. To achieve the desired effect, the amendments will amend proposed new paragraph 5ZB(1) of schedule 2 to the Representation of the People Act 1983, so that the devolved Governments may provide for the expiry of some or all devolved election proxy voting appointments as part of transitional arrangements.
Clause 2 will enable regulations to be made to allow electors in Scotland to make and submit applications online for absent voting arrangements for Scottish parliamentary elections through the UK digital service. It includes provisions to amend the Scotland Act 1998 for the same purpose of supporting the online journey described in clause 1, but with regard to Scottish parliamentary elections rather than local elections. As the UK digital service is reserved to the UK Government, the provisions also ensure that Scottish Ministers may not make regulations under the clause without the agreement of a Minister of the Crown, where those provisions relate to the UK digital service.
Clause 3 will enable regulations to be made to allow electors in Wales to make and submit applications online for absent voting arrangements for Senedd Cymru elections through the UK digital service. Currently, electors in Wales can make an application for an absent voting arrangement using the UK digital service only for reserved elections, such as UK Parliament or police and crime commissioner elections.
Clause 3 includes provisions that amend the Government of Wales Act 2006 for the same purpose as described in clause 1, but with regard to the Senedd Cymru elections rather than local elections. As outlined previously, as the UK digital service is reserved to the UK Government, the provisions ensure that Welsh Ministers may not make regulations under the clause without the agreement of a Minister of the Crown, where those provisions relate to the UK digital service.
Clause 4 will provide for commencement and insert a power to make transitional or saving provision. The transitional power allows provision to be made to align the expiry dates of a person’s postal voting arrangements where they already hold a postal vote for both a UK parliamentary and a devolved election.
The clause also provides for the ending of existing postal and proxy voting entitlements for devolved elections. In some limited cases, it may be necessary to end existing postal and proxy voting arrangements for devolved elections to enable the implementation of the three-year maximum period for postal voting arrangements, to resolve operational difficulties arising from unaligned absent voting arrangements held by the same elector, and potentially to ensure that absent voting arrangements are held by electors whose identity has been properly verified.
Amendments 3 and 4 are technical amendments that are consequential on amendment 1. Clause 5 provides the Bill’s short title and explains the territorial extent of the various clauses. The Bill extends to England and Wales, Scotland, and Northern Ireland. I look forward to Members’ contributions to the discussion on this important Bill, and I commend the provisions to the Committee.
It is a pleasure to serve under your chairmanship, Mrs Hobhouse. I thank my hon. Friend the Member for Edinburgh North and Leith for her continued hard work on the Bill, and for her clear explanation of its clauses—huge congratulations to her for all her work.
On 17 January, I indicated the Government’s support for the Bill, and that support is unchanged. Without the Bill, electors in Scotland and Wales have less flexibility than those in England in arranging the way they wish to vote. That is an unacceptable difference that must be addressed. The Government were elected on a manifesto commitment to improve voter registration, and the Bill is clearly attuned to that goal.
As hon. Members have heard, the Bill will allow the online postal vote and proxy vote application services—launched for reserved elections on 31 October 2023 and used in the most recent general election by over 2 million citizens—to be extended to cover all types of election in Scotland and Wales. I am grateful for the support of the Scottish and Welsh Governments for the Bill and for delivering this change. I look forward to seeing the Bill become law and deliver the benefits for electors in Scotland and Wales that my hon. Friend set out clearly.
The Government firmly support the addition to the Bill of the technical amendments that my hon. Friend has tabled. My officials have worked closely with her, as well as with the Scottish and Welsh Governments, to develop the amendments and ensure that the Bill provides the devolved Governments with the transitional powers they require. The amendments will allow the UK Government to work closely with the Scottish and Welsh Governments to implement the Bill.
Importantly, the Senedd Cymru and Scottish parliamentary elections are less than a year away, so there is a need to ensure that the Bill is implemented effectively and at pace. It is also important that the Scottish and Welsh Governments have an active role in making the relevant election regulations, and have the necessary powers to ensure a smooth transition for all voters with existing proxy voting arrangements. Having considered those points, and those presented by my hon. Friend, I hope the Committee will support the amendments.
As hon. Members have heard, as things stand any voter in Scotland or Wales who wishes to vote by post or proxy in a Scottish parliamentary, Senedd or local election has to ask for a form to be sent in the post, or print one out, then fill it in and send it to back their local electoral registration office. Some people will prefer to apply using a paper form, and that option will remain, but for a paper form to be the only way to arrange an absent vote is not right for a modern democracy in 2025.
I am very happy to support the Bill, which will allow our electoral system to take full advantage of the benefits of digital online services. Once it passes, implementing regulations will be required to be made by the Scottish and Welsh Governments, with whom the responsibility for devolved polls resides. My officials are working closely with their colleagues in the devolved Governments to help them to prepare those regulations, and to prepare the digital services to be updated once the regulations are in place.
I thank my hon. Friend the Member for Edinburgh North and Leith for her superb work on making these important changes. I look forward to working with her to progress the Bill through its remaining stages in the Commons and beyond.
I thank you, Mrs Hobhouse, and all Committee members, for your time today. I also thank all the officials who drafted the Bill and have supported me through the process thus far—I greatly appreciate it. If the Bill passes, it will help tens of thousands of voters in Scotland and Wales to exercise their democratic right. Once again, I commend its clauses, and the minor amendments to them, to the Committee.
Amendment 1 agreed to.
Amendment made: 2, in clause 1, page 2, line 15, at end insert—
“‘devolved election proxy appointment’ means the appointment of a person as a proxy to vote for another person at local government elections in Wales or Scotland, where the appointment was made before a date specified in the regulations on an application under paragraph 6(7) of Schedule 4 to the Representation of the People Act 2000;”.—(Tracy Gilbert.)
This amendment is consequential on Amendment 1.
Clause 1, as amended, ordered to stand part of the Bill.
Clauses 2 and 3 ordered to stand part of the Bill.
Clause 4
Commencement and transitional provision
Amendments made: 3, in clause 4, page 6, line 8, leave out from “entitlements” to the end of line 9.
This amendment is consequential on Amendment 1.
Amendment 4, in clause 4, page 6, leave out lines 22 to 26.—(Tracy Gilbert.)
This amendment is consequential on Amendment 1.
Clause 4, as amended, ordered to stand part of the Bill.
Clause 5 ordered to stand part of the Bill.
Bill, as amended, to be reported.
(2 months, 2 weeks ago)
Commons ChamberThis text is a record of ministerial contributions to a debate held as part of the Absent Voting (Elections in Scotland and Wales) Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Yes, I agree. There has been support from the Scottish Government and we have been working in co-operation. How the Bill will be implemented by the Scottish Government is a core part of the amendment.
Without the amendment, the Bill could still deliver on its purpose. However, the Scottish Government would have to repeal and restate the entire Scottish Parliament (Elections etc.) Order 2015 with renewed provisions. The amendment seeks to remedy that oversight and ensure that the Scottish Government are able to implement the Bill in their own devolved legislation, so that Scottish electors may benefit in time for the May 2026 Scottish Parliament elections.
It is unfortunate to need to make a technical amendment this late in the process of parliamentary scrutiny, particularly given that the error could have been identified some time ago, but I am glad to be able to assist the Scottish Government with this matter. I commend the amendment to the House.
I congratulate my hon. Friend the Member for Edinburgh North and Leith (Tracy Gilbert) on all her work. She has shown admirable commitment during the passage of the Bill so far, and her commitment to delivering it for the benefit of voters in Scotland is evident. I also take the opportunity to reaffirm that the Bill has the full support of the Government. I am grateful to have seen support from across the House for the changes that it will make possible.
Amendment 1 is further evidence of the diligence that my hon. Friend has shown towards the Bill. I am particularly grateful to her for accommodating the Scottish Government’s request for the amendment at this late stage. She has clearly explained that it is a minor and technical amendment that will simplify the implementation process for the Scottish Government. The change in clause 2 makes it explicit that the new section 12B power introduced by the Bill can amend secondary legislation made under the Scotland Act.
The amendment has been considered by my officials, who are content that it does not present any kind of novel approach to legislation or set any precedent. It is simply a sensible change that will avoid unnecessary restatement and then reconsideration of existing legislation by the Scottish Parliament, thereby increasing the chances of the important changes that the Bill will make possible being delivered in time for the May 2026 Scottish Parliament and Senedd Cymru elections. I am pleased that the issue has been identified at this stage, and confirm that the Government support the amendment.
Amendment 1 agreed to.
Third Reading
I congratulate my hon. Friend the Member for Edinburgh North and Leith (Tracy Gilbert) on all her fantastic work, and on ensuring there is cross-party support for this Bill. I echo the point that the shadow Minister, the hon. Member for Hamble Valley (Paul Holmes), made about her ability to make such an important change so quickly; we are celebrating it being a year since the general election.
I commend my hon. Friends the Members for Newcastle-under-Lyme (Adam Jogee), for Aylesbury (Laura Kyrke-Smith), for Portsmouth North (Amanda Martin), for Crawley (Peter Lamb) and for Glasgow East (John Grady) for their excellent speeches, which highlighted the importance of this private Member’s Bill. They also pointed out some of the changes that we have already made; for instance, I am proud to have introduced the veteran ID card while in government. There is also a specific proposal in our manifesto to reduce the voting age, so that 16 and 17-year-olds can vote.
The Government share the commitment of my hon. Friend the Member for Edinburgh North and Leith to this Bill, which will give people in Scotland and Wales the same choices for managing their voting arrangements for devolved elections as they already have for reserved elections. Many of us will remember a time when absent voting in the UK was still governed by excessively restrictive criteria; electors had to provide valid reasons, such as illness, travel or occupational constraints, to qualify for a postal vote. Similarly, proxy voting was limited to those with clear impediments to attending the polling station.
This changed in 2001, when postal voting on demand was introduced in Great Britain, allowing electors to freely apply for a postal vote. That change was quickly embraced by the electorate: in the 2001 general election, there was a significant increase in the number of postal votes issued compared with previous elections, and by 2005, the figure had more than doubled. By 2010, over 7 million postal votes were issued across the UK. Now that electors have been given the choice to vote in a way that best suits them and their needs, it has become clear that there is significant demand for flexibility in how people exercise their democratic rights. While it is less commonly used, the option to vote via a proxy has also remained a viable and necessary alternative for many electors across the country.
In 2007, measures were introduced to verify the identity of postal voters. They added a layer of security to the process and ensured that electors could have confidence in the system. These included the requirement for voters to provide personal identifiers, such as their date of birth and signature, when applying for and returning postal ballots. The introduction of the “Register to vote” service in 2014 gave electors the ability to go online and make their application to vote without needing to submit a paper application. That change, much like the changes to absent voting, has proved extremely popular with the electorate; in 2024, over 92% of all applications to register to vote were made using the online service, with less than 8% taking the traditional paper route. The modernisation of our electoral system through the changes I have just laid out has proven popular with electors time and again.
The Bill relates to the online absent vote application service, which, as has been pointed out, went live in October 2023 as a result of the need to modernise the way in which electors apply for their absent votes. Given the enthusiasm that electors have shown for the freedom to decide the method by which they cast their ballot, and the clear preference for using online services to apply to vote, it is no surprise that the new online absent vote application service has also proven popular. Unfortunately, as we have heard, voters in Scotland and Wales can use the new online service to apply for postal and proxy votes only for reserved elections, such as elections to the UK Parliament. The benefits of extending the online absent vote application service to devolved elections for electors in Scotland and Wales are clear. It will allow people in Scotland and Wales the option of applying online for a postal or proxy vote for devolved parliamentary and local elections, or of applying through a traditional paper application.
In Scotland and Wales, voters who wish to apply for a postal or proxy vote in devolved parliamentary or local elections must still complete a paper application form and submit it by post. As we have heard, this Bill seeks to give electors in Scotland and Wales the same choice as others over how they apply for their absent vote for use in Senedd Cymru, Scottish Parliament, and local elections. As my hon. Friend the Member for Edinburgh North and Leith has said, the Scottish Parliament and Senedd Cymru will hold their parliamentary elections in May 2026. It would be hugely beneficial both to voters and to electoral administrators in Scotland and Wales alike if access to the online services is made available in time for those elections. There is a great deal of enthusiasm from the Scottish and Welsh Governments about the benefits, as was made clear to me in my meetings in Cardiff this week with the Scottish Government Minister for Parliamentary Business and the Welsh Government Cabinet Secretary for Housing and Local Government.
As my hon. Friend the Member for Edinburgh North and Leith said, the Bill has been welcomed by those working in the Scottish and Welsh electoral sectors. My officials work closely with the electoral administration community, and as such I can say with confidence that the Bill will deliver clear benefits for both electors and administrators, in particular by removing the need for duplicate applications to be made for devolved and reserved absent votes. That means less time for electors spent making applications and less time for administrators spent processing applications. We will continue to work closely with the Scottish and Welsh Governments, including on technical aspects of the Bill’s implementation.
The changes in the Bill represent just one of the ways that this Government intend to encourage electoral engagement and participation. As I have mentioned, we will also lower the voting age, giving 16-year-olds and 17-year-olds the right to shape their future at the ballot box. We will set out plans to further strengthen the integrity of elections and encourage participation in democracy. We are working in partnership with the electoral sector to bring about the changes in this Bill and the many other changes we are seeking to make.
I am grateful to my hon. Friend the Member for Edinburgh North and Leith for her tireless work on this important Bill. I am also grateful to the shadow Minister for his and his party’s support for the Bill, for which I am glad there has been wider cross-party support. I am grateful to my hon. Friends and other hon. Members for taking such strong interest in the Bill and for coming here on a Friday to speak in support of it. I thank my hon. Friend the Member for Edinburgh North and Leith once again for her work, and I look forward to working with colleagues to ensure that the Bill passes. I hope very much that Members will support the Bill’s measures and ensure that it advances to the other place.
With the leave of the House, I call Tracy Gilbert to wind up.
(2 weeks, 3 days ago)
Lords ChamberThis text is a record of ministerial contributions to a debate held as part of the Absent Voting (Elections in Scotland and Wales) Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
My Lords, I thank all Members of both Houses for their hard work in progressing this Bill. The right to vote is the cornerstone of our democracy, and it is essential that we take the necessary steps to ensure that voting is as accessible as possible for all constituents. I am sure that your Lordships’ House is united in both praise and gratitude for the electoral staff across this country on whom all our democratic rights and freedoms depend.
On this side of the House, we welcome the Bill. It was first proposed under the last Conservative Government and it takes important steps to improve voting accessibility in Scotland and Wales. It also builds on strong foundations, not least the Elections Act 2022. The Act made real progress in strengthening the security of our democracy, including the requirement for digital imprints on online campaign materials.
This Bill implements significant measures to ensure that those who may have accessibility requirements are best equipped to exercise their democratic rights. It is right to make the voting process as seamless as possible for those who may be disabled or have particular challenges; allowing them to register digitally for absent voting takes large steps to ensure that this is the case. However, effective fraud checks are needed for both paper and electronic absent vote applications. Safeguarding the integrity of elections is a core duty of government, and Ministers must act decisively to modernise the system and block malign influence, whether that be domestic or from foreign powers.
That is why I welcome the Government’s stated commitment to working closely with the Electoral Commission and others to protect the integrity, security and effectiveness of UK elections and referendums. I urge them to ensure that this is not just rhetoric but reality.
I welcome the provisions of the Bill to ensure devolved voting in Scotland and Wales is in clear alignment with the electoral procedure for the UK-wide elections. The Bill provides Ministers of the Crown and the Scottish and Welsh Governments with powers to regulate how the service is used. This will enable Ministers to provide for and address any issues they may have, whether it be partial completion of applications, signatures or evidence requirements, in a manner they deem most fitting. I support different Governments and legislatures being better equipped to make policy choices for their respective jurisdictions. However, I hope that a large degree of alignment can occur between Governments as far as practically possible to ensure the smooth administration of elections.
While supportive of the provisions the Bill contains to make voting more accessible and efficient, I strongly caution the Government to cease their plans to weaken voter ID requirements. Of course, we should make every effort possible to ensure that voting is made as accessible as possible to all in our democracy, but I urge the Government to think again. The trade-off from loosening the voter ID requirements is simply not worth the considerable risk this would pose to the integrity of the voting process.
In conclusion, we on this side of the House are pleased to be in unity with the Government’s stance on the Bill. The Conservative Party is, and will always remain, the champion of democracy and supports any legislation that empowers people’s democratic rights. That said, we should be cautious of any legislation which could jeopardise the reliability or security of that precious democratic process. I hope the Government take these considerations seriously and work closely with the Electoral Commission to ensure the democratic system operates effectively and with integrity, so that we can all continue to enjoy the rights and freedoms it provides.
My Lords, I begin with a few words of thanks, first to my honourable friend in the other place, the Member for Edinburgh North and Leith, who has worked very hard in bringing this important Bill through the other place and to this noble Chamber. I also extend thanks to my noble friend Lord Murphy of Torfaen. His introductory speech has made clear the benefits of the Bill, and his commitment to working to support it through this Chamber is clear.
I thank all noble Lords for being here today to discuss this important legislation. Postal and proxy voting is an important enabler of democratic participation, one we are proud to champion, and I am pleased to see there is interest across the Chamber in these measures.
The Government share my honourable friend’s commitment to the Bill. At this moment in time, voters in Scotland and Wales can use the online absent vote application service to apply for postal and proxy votes, but only for reserved elections, such as to the UK Parliament. If those same voters in Scotland and Wales wish to use the new online service to apply for an absent vote for a devolved election, then they will find themselves unable to do so. This means any voter in Scotland or Wales who wishes to apply for a postal or proxy vote in a devolved parliamentary or local election still needs to complete a paper application form.
The Bill creates a legal framework to give voters in Scotland and Wales an equal choice in how they apply for their absent voting arrangement for use in Senedd Cymru, the Scottish Parliament and local elections in Scotland and Wales. The Bill also includes some changes to align application procedures, as my noble friend has outlined.
To bring these services online, further regulations will be designed and delivered by the Scottish and Welsh Governments, who have responsibility for devolved elections. There are clear benefits to introducing the online absent vote application services to voters in Scotland and Wales for devolved elections, for both electors and administrators.
By introducing these services, people in Scotland and Wales will get the choice to apply online for a postal or proxy vote for devolved parliamentary and local elections, as well as retaining the existing option for electors to apply using a paper application, if they wish to do so. One such clear benefit is the removal of the need for duplicate applications to be made by electors if they desire an absent vote for both devolved and reserved elections. This means that electors will spend less time making applications, and administrators will spend less time processing them. The Bill has been welcomed by the Scottish Government, the Welsh Government, and those working in the Scottish and Welsh electoral sectors.
I will now quickly respond to some of the points that noble Lords have raised. In particular, the noble Lords, Lord Rennard, Lord Hayward and Lord Mott raised consolidation of electoral law. While we understand the calls for consolidation of electoral law, major reform would require careful consideration and an extensive amount of time. A full-scale consolidation and simplification would require an in-depth review and modernisation alongside consolidation; to achieve this would be the job of more than one Parliament.
This Government have an ambitious agenda to improve our elections, including giving 16 and 17 year-olds the right to vote in all elections and strengthening the rules around donations to political parties. We are focused on delivering that agenda. However, we are cognisant of the challenges facing elections teams and will continue to look at areas which help to modernise and improve electoral process and delivery.
The noble Baroness, Lady Smith of Llanfaes, made a point about automatic registration. We are taking action and laying the foundations to make the registration process simpler and more automated in the coming years. Moving to an automated registration system will happen gradually and will take time. We intend to actively explore and test new and more automated methods of registration. For example, in Wales, the Welsh Government are already piloting approaches to automatic registration, and we will eagerly await the results of those pilots.
The point about a national registration day in schools and colleges is an important one. I assure the noble Baroness that I will take that away to my colleagues in the Department for Education to make that representation and see what more they can do to promote registration among 16 and 17 year-olds, and even 18 year-olds, in the future, so they have more awareness and education of this.
The noble Lord, Lord Rennard, is right to remind me of what I said about the policy and guidance statement, and my voting record. However, I say absolutely clearly to the House that an independent Electoral Commission which discharges its duties without fear or favour is vital for public confidence in our democracy. The Electoral Commission remains operationally independent, with electoral commissioners and the commission’s executive leadership responsible for determining how the commission should discharge its duties, including its strategic priorities and day-to-day operations.
The action we are taking to strengthen enforcement of the political finance framework will mean significant new powers and responsibilities for the Electoral Commission as a regulator. In light of these new responsibilities, the Government intend to designate a new strategy and policy statement for the Electoral Commission, to reflect the Government’s priorities for elections and the commission’s increased roles and responsibilities.
To conclude, as my noble friend has mentioned, the Bill requires further legislation to be made through the Scottish and Welsh Parliaments. The Scottish and Welsh Governments alone have the responsibility to make any decisions relating to implementation. We recognise the drivers behind any decision that the Scottish and Welsh Governments may make, including the importance of communicating clearly with electors, and maintaining the Gould principle as much as possible, to reduce the risk of critical errors undermining electoral integrity.
Regardless of the implementation timetable, the Bill lays the essential foundation for this service to come online for future devolved elections. We will continue to work closely with the Scottish and Welsh Governments moving forward, including on technical aspects of the Bill’s implementation.
I very much hope that all noble Lords will support this important Bill before us today.