Draft Representation of the People (Proxy Vote Applications) (Coronavirus) (Amendment) Regulations 2022
(Limited Text - Ministerial Extracts only)
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The Chair
Before we begin, I remind hon. Members to observe social distancing and to wear masks, except when speaking or unless exempt. I am exempt because I can speak at any moment.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Eddie Hughes)
I beg to move,
That the Committee has considered the draft Representation of the People (Proxy Vote Applications) (Coronavirus) (Amendment) Regulations 2022.
It is a pleasure to serve under your chairmanship, Dr Huq. The regulations that we are considering today extend the Representation of the People (Proxy Vote Applications) (Coronavirus) Regulations 2021 for a further 12 months. The temporary regulations were first introduced ahead of the May 2021 elections. They allowed electors to appoint an emergency proxy, or change their existing proxy arrangement, up until 5 pm on the day of the poll where they, or their previously appointed proxy, were unable to attend a polling station because of covid. That was without any form of attestation, which is normally required for a standard emergency proxy. It was part of a range of measures that have helped to ensure that elections have been able to take place safely in the course of the last year.
Although much has changed in the intervening 12 months, extending this measure is prudent. Although we have been able to remove a great many of the restrictions that covid has made necessary, it is still the case that those who test positive for covid are legally required to isolate, as may be some of their close contacts. While that is the case, and as the situation and the exact nature of isolation requirements remain difficult to predict, we must ensure that those required to isolate are not, in the process of doing so, deprived of the ability to participate in the vital democratic process. This is a tested and appropriate way to continue to protect our democratic process during the pandemic. Now is not the right time to abandon this necessary temporary measure.
On the specific details of the statutory instrument, its key purpose is to extend for a further 12 months the regulations brought into effect by the 2021 instrument, which is due to expire on 28 February 2022, so that it instead expires at the end of February 2023. We will keep that under review and consider repealing the measures early should they no longer be required.
The instrument will also remove the existing reference to the “clinically extremely vulnerable” and people who are at the highest risk of severe illness from coronavirus from the 2021 regulations. That terminology was used in England and Scotland respectively and its removal will bring the wording into line with the latest respective Government guidance.
Anyone following advice from a registered medical practitioner or a registered nurse to isolate will still be able to apply for an emergency proxy under these rules. This ensures that electors unable to attend a polling station for covid-related health reasons will not be adversely affected. The instrument applies to UK parliamentary elections in Great Britain, police and crime commissioner elections in England and Wales, and local elections in England. The Scottish and Welsh Governments have extended, or are about to extend, their equivalent arrangements.
It is essential to our democracy that people are able to cast their vote. The 2021 regulations brought into effect a temporary measure to ensure that those required to isolate because of covid shortly before a poll could still vote, or that a proxy arrangement could be amended where the appointed proxy was unable to attend a polling station for a covid-related reason. This instrument is a simple yet vital extension of that measure. It will cover local and mayoral elections in England scheduled for May 2022, as well as any applicable by-elections or unscheduled polls that occur before the May 2023 polls. However, as I have outlined, we will keep these measures under review and we will consider repealing them early should they no longer remain necessary or proportionate.
We have consulted the Electoral Commission, which is supportive of the measures. I note the cross-party support that the 2021 regulations received last spring, and I hope there will be such support for their sensible and necessary extension today.
Eddie Hughes
I guess it is incredibly unfortunate that my brilliant colleague the Minister for Levelling Up Communities, my hon. Friend the Member for Saffron Walden (Kemi Badenoch), is not here. She might have been able to stretch your patience, Dr Huq, by indulging in debate about items that simply do not relate to the statutory instrument, but relate instead to the Elections Bill. I am sure that she would have been well versed and well placed to be able to rebut or defend as appropriate, but as she is not present, it is probably best for you and I, Dr Huq, that we do not stray too far from where we are.
The Chair
The contribution of the hon. and learned Member for Edinburgh South West was brief enough to be in scope. If it had been any lengthier, I would have had to intervene.
Eddie Hughes
However, I will stray in order to say that I understand the Government have taken consultation on remote voting for councils and are considering options, so who knows what might happen in the future? That is not necessarily within the remit of the SI or my personal ministerial remit.
I will consider some of the points raised by the hon. Member for North Durham.
Eddie Hughes
The right hon. Member—Hansard would have corrected my poor knowledge.
There will be no gap with regards to legislation; there will be continuity. The right hon. Member asked whether we would trust people or whether they would need to prove that they have covid. Given the circumstances, we will continue to trust them to do so—they do not need to prove that they have covid. Even if they were required to prove it, I am not all together sure how they would do so. With regards to how many times the measure has been used, we do not hold that information centrally. The Electoral Commission holds it, so the right hon. Member might be advised to direct his question to the commission.
Mr Jones
Yes, but the Minister is the one who is introducing the legislation. I accept that the Electoral Commission might collate that information, but would it not be useful for the Department to know that information and publish it? The situation has gone on for a year now, so it would be easy to find out from councils. First, it would show whether the measures are needed. Secondly, it would show how effectively councils run the applications. Thirdly, do people actually know about the provision? That was one of the points I raised earlier.
Eddie Hughes
I will talk to the Department to find out whether we intend to collate the information and publish it, and I will let the right hon. Gentleman know. With regard to his final point on whether people know about the draft regulations, I can only hope that they do through the multiple platforms available to people in this room and, more importantly, to the right hon. Gentleman. I will check his Facebook page, Twitter account, Instagram and TikTok to see whether he has shared with his constituents this vital change that we are making to legislation. No doubt, reels will be available.
Mr Jones
Disappointingly, yes.
I am sorry, but I find this astounding. I have no problem with publicising the provision, but what steps has the Department taken to ensure that people know about it? What steps has the Department taken to inform councils and to assess what they do? If the Department says that it does not know how many times it has been used, I get the clear impression that the Minister, once we have passed the statutory instrument, will wash his hands of it. I am sorry but I do not think that that is right.
Eddie Hughes
I am slightly disappointed by the reinterpretation of what I said. I did not say that we are not interested or that we do not hold the information; I said that it is not our job to hold the information—
Eddie Hughes
The Electoral Commission does that, and the right hon. Gentleman can contact the commission, should he need to. I am assured about our conversations with it, and that we have communicated to councils and will be communicating—
The Chair
Order. Would it be useful if the Minister wrote to the right hon. Member for North Durham with that information?
Mr Jones
I get sick and tired, frankly, of Ministers hiding behind quangos. I cannot get the Electoral Commission in here to cross-examine, but I can cross-examine the Minister on behalf of my constituents. I am sorry, but he is sidestepping the argument and saying that it is somehow the Electoral Commission’s fault. That is not the case; it is his responsibility. I accept that he might not know the answer now, but will he publish the data on how many times the measure has been used, and tell us what steps the Department has taken with local councils to publicise the regulations to ensure that they are enforced?
Eddie Hughes
We can only agree to disagree. Are we hiding behind a quango, or leaving a quango to do its job? We have just gone through a couple of years when people have perhaps expected the Government to do everything, but surely we should leave the Electoral Commission to do its job. The right hon. Gentleman will be delighted to know that he can google the information, which is available on the Electoral Commission’s website. I think it was published in May 2021. The information is available.
Moving on to when we might review the legislation, that is clearly dependent on how we recover from covid. As the hon. and learned Member for Edinburgh South West said, we hope that we are moving away from covid, so that we will be able to review it in short order.
Mr Jones
If the Minister does not know how many times the regulation has been used and how effective it is, how will he do the evaluation to know when it is no longer needed? What will he base that on? Will he just stick his finger in the air and just say, “Well, today seems a good day to do it”?
Eddie Hughes
I feel that we are communicating via some dodgy broadband link and that the right hon. Gentleman has not heard my previous answers. I just told him that the information is available on the Electoral Commission’s website. It is available to the Government, so no finger in the air is required. We just have to press the link and the information is available. I am sorry if people have bad broadband connections this evening and are failing to communicate with us. I conclude my remarks and commend the draft regulations to the Committee.
Question put and agreed to.