Voting by Proxy (Amendment and Extension)

(Limited Text - Ministerial Extracts only)

Wednesday 12th October 2022 Commons Chamber

[The Leader of the House of Commons (Penny Mordaunt)]

I beg to move,

That:

(1) this House

(a) believes that Members experiencing serious long-term illness or injury should be entitled, but not required, to discharge their responsibilities to vote in this House by proxy, under a pilot scheme issued by the Speaker and reviewed by the Procedure Committee;

(b) directs the Speaker to amend the scheme governing the operation of proxy voting in accordance with paragraphs 1-40 of the First Report of the Procedure Committee, HC 383, on Proxy voting and the presence of babies in the Chamber and Westminster Hall; and

(c) directs the Procedure Committee to review the operation of the temporary amendment to Standing Order No. 39A no later than 17 March 2023.

(2) the following amendments to Standing Order No. 39A (Voting by proxy) be made:

(a) in paragraph 2, delete “absence from the precincts of the House for”;

(b) in paragraph 2, delete “childbirth or care of an infant or newly adopted child” and insert—

“(a) childbirth;

(b) care of an infant or newly adopted child; and

(c) complications relating to childbirth, miscarriage or baby loss”; and

(c) delete paragraph 7.

(3) the following amendment to Standing Order No. 39A (Voting by proxy) be made, and have effect from 17 October until 30 April 2023: in paragraph (2) insert “(d) serious long-term illness or injury”.

It is a pleasure to open this debate on the proposals put forward by the Procedure Committee in its first report of this Session. This is a House matter that the Government have been very happy to facilitate time for so that Members can consider and debate the reforms in that report and associated changes proposed to the Standing Orders. The House has been asked to consider the expansion of the proxy voting scheme to cover long-term illness or serious injury under a pilot scheme lasting from 17 October 2022 to 30 April 2023, with a review to be completed by the Procedure Committee by 17 March 2023.

I think that all Members of the House will agree that Members should no longer hear the words “Could you have your chemo on another day?”, “We will send an ambulance for you so you can vote”, or “Thank you so much for delaying your c-section to vote in this critical debate.”

[Sir Greg Knight (East Yorkshire) (Con)]

On reflection, does my right hon. Friend not think that it might be better to allow a longer period of time to elapse so that a fuller evaluation can take place, before the Procedure Committee is invited to make a further decision?

--- Later in debate ---

[Penny Mordaunt]

We want to get on with these measures. There has been careful consideration from a number of Committees in arriving at them. We want to get cracking with them, but the evaluation will be a matter for the Committee.

In addition, if agreed, this motion will make changes to the existing proxy voting arrangements by removing the bar on participation in proceedings while in possession of a proxy vote; providing equal rights in relation to proxy voting for parental absence for Members who are biological fathers, the partner of a person giving birth or an adoptive parent; and incorporating complications relating to childbirth into the main body of the Standing Order.

Any changes to the system of voting in the House of Commons should always be given careful consideration. I am grateful to the Procedure Committee and its Chair, my right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), for their work on this issue over recent years.

In February 2018, the House agreed that MPs

“who have had a baby or adopted a child should for a period of time be entitled, but not required, to discharge their responsibilities to vote in this House by proxy.”

That was followed by the agreement of a pilot scheme in January 2019 that was made permanent in September 2020. Since then, we have taken further important steps to meet the needs of new mothers, fathers and adoptive parents. In January 2021, the House endorsed a Government-proposed Standing Order change to expand the scheme to allow MPs who have had a baby or adopted a child to be entitled, but not required, to cast votes in the House by proxy. That system is currently in place.

Members will remember that the scheme was expanded for reasons of the pandemic for long periods in 2020 to good effect. When the system of proxy voting for baby leave was introduced, the House discussed the scope of the scheme in great detail. It was felt, on balance, that the anonymity of slipping and pairing was preferable for Members who were ill or had caring responsibilities, rather than declaring personal circumstances to qualify for a proxy vote during a difficult time. I understand that some Members will retain that view. That is why I agree with the Procedure Committee that the expansion of the proxy voting scheme should not affect the pairing and nodding-through mechanisms, which will remain available to Members.

Pairing has been, and continues to be, a valuable practice that allows Members to be absent from votes, whether that is as a result of ill health or other reasons. The Whips Offices on both sides of the House work hard to ensure that the system functions as well as possible for individual Members.

Nevertheless, since the earlier conversations about the scope of the scheme, there have been growing calls for expanded proxy voting to include those suffering from serious illness or long-term medical health conditions. That was the overwhelming evidence in the Procedure Committee’s inquiry, and the Government have a great deal of sympathy with Members in that position.

The Government welcome the Procedure Committee’s consideration of the evidence relating to the expansion of the scheme. In establishing a pilot to trial the expansion of the proxy voting scheme, the House would be recognising the importance of creating a more inclusive culture and working environment in Parliament and continuing the progress made in this area.

[Jim Shannon (Strangford) (DUP)]

I hope, as I think we all do, that the pilot scheme will become a reality in its entirety, because society is changing. There is maternal leave and paternal leave, and other businesses understand that special conditions can be in place for people who are disabled. We as the mother of Parliaments—I say that collectively—should also move with modern changes in society and understand that we must have a workplace that endorses all the things that happen to our constituents out there in Strangford and elsewhere.

[Penny Mordaunt]

I completely agree with my hon. Friend. I know that many Members of the House gave evidence to the inquiry. This is not about the merits of those individual cases but, clearly, this needs to be trialled and we want to ensure that that is brought forward as swiftly as possible.

It is important that all Members of this House can participate in our votes. Divisions here change people’s lives across the country, so the legitimacy of the system must be above reproach to ensure that we maintain the full confidence of our constituents. Proxy voting meets that test. It has worked well for Members who are new mothers or fathers, allowing them to continue to serve their constituents while dealing with their family obligations. We have confidence that extending its scope under these pilot arrangements will work well.

I do not wish to detain the House for too long. However, the motion proposes one or two other changes that hon. Members will wish to consider carefully. I am grateful to the House authorities for providing an explanatory note ahead of the debate.

I wish briefly to cover one proposed change. The motion removes the requirement that Members be absent from the House to exercise their proxy vote. That follows representations from Members who might wish, for example, to participate in an urgent question or statement for which the suspension of a proxy vote with notice is impossible. The House will note the concerns raised both by the Government and by the Procedure Committee that this measure is likely to be of most benefit to Members who are based relatively close to London, and that it could introduce pressure on Members to participate in proceedings while on leave for parental duties or because of matters of ill health.

As the Committee points out:

“Absence from the Estate serves a dual purpose: it explains why a Member is able to vote by proxy but also affords a degree of protection to Members taking care of very young children.”

Members will be able to make use of proxy votes on a voluntary basis and in the same spirit. It will be entirely voluntary, and it will be for each Member to determine whether they wish to participate in a debate at short notice. I assure Members that, in introducing this change, the Government do not envisage any change to the role of MPs, or how they perform in this place their duty to their constituents. Nevertheless, there may be circumstances in which this change will serve a helpful purpose by enabling Members to participate in proceedings without suspending their proxy. Of course, Members should not attempt to vote in person in those circumstances.

The Government believe that a pilot scheme in which the effect of this expansion is carefully measured is a sensible first step, as it is imperative that the voting process remains robust and transparent and that the personal accountability of each Member’s vote is not lost. The review conducted by the Procedure Committee will be essential in determining whether the changes to the scheme are made permanent.

As Members of this House, we all have a duty to ensure that Parliament is inclusive for all Members and their circumstances, be they parental responsibilities or long-term illness, which the proposed pilot scheme would cover. The Procedure Committee found that the

“overwhelming balance of evidence…was in favour of an extension of proxy voting”

to include those areas. Ultimately, it is for the House to consider whether it thinks it right that the proxy voting system be expanded. For my part, I hope that the House will support the Procedure Committee’s recommendations. I commend the motion to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Leader of the House.