Absent Voting (Elections in Scotland and Wales) Bill
(2 days, 21 hours ago)
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The Chair
Before we begin, I remind everybody to switch off their electronic devices. No food or drinks are permitted in Committee, but I hope you all have plenty of water. Hansard colleagues would be grateful if Members could email their speaking notes to hansardnotes@parliament.uk. Members who wish to catch my eye and speak in the debate should bob.
The selection and grouping for the sitting is available online and in the room. Four amendments have been tabled by the Member in charge. We will have a single debate on all the amendments and clauses in the Bill, as indicated in the document.
Clause 1
Local government elections (Scotland and Wales)
Tracy Gilbert (Edinburgh North and Leith) (Lab)
I beg to move amendment 1, in clause 1, page 2, line 12, at end insert—
“(4A) Regulations under this paragraph may, in connection with provision under sub-paragraph (1), include transitional provision under section 201(3) which makes provision for, or in connection with, the expiry of some or all devolved election proxy appointments.”
This amendment enables regulations made under new paragraph 5ZB(1) of Schedule 2 to the Representation of the People Act 1983 to include transitional provision which makes provision for the expiry of proxy appointments relating to local government elections in Scotland or Wales.
The Chair
With this it will be convenient to discuss the following:
Amendment 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;”.
This amendment is consequential on Amendment 1.
Clauses 1 to 3 stand part.
Amendment 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.
This amendment is consequential on Amendment 1.
Clauses 4 and 5 stand part.
Tracy Gilbert
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.
The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Rushanara Ali)
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.
Tracy Gilbert
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.