Absent Voting (Elections in Scotland and Wales) Bill

John Grady Excerpts

Report stage
Friday 4th July 2025 Commons Chamber

[Tracy Gilbert (Edinburgh North and Leith) (Lab)]

I beg to move amendment 1, in clause 2, page 4, line 37, at end insert—

“(3A) In section 114 (subordinate legislation: particular provisions), in subsection (1), after ‘sections’ insert ‘12B,’”.

This enables regulations made under new section 12B of the Scotland Act 1998 (as inserted by clause 2) to be exercised by modifying provision made by or under that Act.

I am pleased to be in the Chamber today. I thank all Members who have taken part in the passage of the Bill so far. It addresses an issue that needs to be resolved at pace to ensure that electors in Scotland and Wales can benefit in time for their devolved parliamentary elections next May. I am grateful to the House for the unanimous support I have received.

I hope to complete the Commons passage of this important Bill today, but before that is possible, a minor and technical amendment must be made. Amendment 1 to clause 2 amends the power in proposed new section 12B of the Scotland Act 1998 to expressly indicate that the power can be used to amend secondary legislation made under the Act. The amendment came at the request of the Scottish Government to correct an oversight concerning how their devolved legislation operates and how the Bill will be implemented.

[John Grady (Glasgow East) (Lab)]

Does my hon. Friend agree that the UK Government’s focus, under the Secretary of State for Scotland, on working closely with the Scottish Government—where possible, to be pragmatic—is important? It has secured an amendment to the Bill that will be of benefit to the voters in Baillieston in my constituency, who go to the polling stations at Broomhouse Hall and in the wonderful primary schools of Garrowhill, Swinton, Caledonia and St Bridget’s.

[Tracy Gilbert]

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.

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[Tracy Gilbert]

I beg to move, That the Bill be now read the Third time.

With your leave, Madam Deputy Speaker, I want to thank hon. Members across the House for their contributions during the various stages of the Bill’s passage. I also thank the civil servants in the registration and franchise policy team and the Public Bill Office in Parliament for providing me with so much support with the Bill—I can confirm that I have received quite an education in the legislative process. I pay particular tribute to my hon. Friend the Minister for her steadfast support throughout the passage of this Bill.

The introduction of the online absent voting application service has given electors in England, Scotland and Wales the option to apply online for a postal or proxy vote in UK general elections. Electors in England are also given the option to use the online service to apply for a postal or proxy vote for all other types of election that they can participate in; unfortunately, the same cannot be said for voters in Scotland and Wales. As it stands, voters in Scotland and Wales face a fragmented system in which they may apply online for a postal or proxy vote for a UK general election but still rely on filling out paper forms for their local council or devolved Parliament elections. The Bill enables that inconsistency to be ended.

In short, the Bill will allow for the extension of the same online application options to voters in Scotland and Wales for devolved elections. The goal is to have the measures in place ahead of the devolved elections scheduled for May 2026. I have emphasised this before, but I again stress the importance of devolution. The responsibility for local elections and elections to the Scottish Parliament and Senedd Cymru is rightfully devolved to the respective nations. The Bill has been drafted to ensure that devolution is respected, with the proposals having been discussed with Ministers from both the Scottish and Welsh Governments. Alongside support from those Governments, the Bill has enjoyed cross-party support throughout its passage.

[John Grady]

My hon. Friend—who recently had her birthday—is quite right to emphasise the importance of good working between the Scottish Government and the Westminster Government to ensure that the voting rules are harmonised. Will she outline how that benefits voters at Eastbank primary school and Eastbank academy in Shettleston in my wonderful seat?

[Tracy Gilbert]

I would imagine it means they will get an extra day off school for the elections, which most kids enjoy.

The Bill enhances democracy. Last year, when the general election was called, it was quite tricky for Scottish voters because there was a tight time window; the Bill will allow people to apply more easily for access to a ballot if they are going to be away on holiday. It has also been welcomed by the electoral sector, which recognises the benefits of expanding a streamlined and secure system. This is testament to what can be achieved when we work collaboratively across Governments and parties in the interests of democratic participation, as my hon. Friend the Member for Glasgow East (John Grady) mentioned. I hope the Bill will proceed through this House and swiftly move to the other place, and I urge Members to support its passage today.

[Adam Jogee (Newcastle-under-Lyme) (Lab)]

I congratulate my hon. Friend the Member for Edinburgh North and Leith (Tracy Gilbert) on getting this Bill to its Third Reading and getting both sides of the House behind it, although I note that there are no SNP Members in the Chamber. I am a proud Member for an English constituency, but we in Newcastle-under-Lyme have seen the benefit of a system that defends and supports the franchise and ensures that people are able to have their say. As such, I wanted to gently contribute to this debate, to give my support to my hon. Friend and encourage colleagues to get behind the Bill.

Democracy is important. It is so important that we discuss the Bill, ensuring that people up and down the United Kingdom, including in Wales and Scotland, are able to hold their elected politicians to account to ensure that their decisions reflect their views. We do so on the first anniversary of this Labour Government—that speaks very much to the power of the vote. The Bill is about ensuring that people have as much support as possible to vote, to have their say, to shape the future and, as I say, to hold their elected representatives to account at local and devolved level in Scotland and Wales.

I used to work for a Welsh MP, and I lived in Scotland and also worked for a Scottish MP before my election to this House, so I well recall the challenges and experiences.

[John Grady]

My hon. Friend is the Member of Parliament for the wonderful place of Newcastle-under-Lyme. Does he agree that the purpose of the Bill is to bring some much-needed consistency to voting arrangements across our family of nations? Voters in Newcastle-under-Lyme, Newcastle upon Tyne or the wonderful Newcastleton in Scottish Borders should all be able to vote in a reasonably consistent way.

[Adam Jogee]

My hon. Friend makes an important point. I am an English MP; we are talking about Scotland and Wales; and my wife is from Northern Ireland. Our four nations are very much represented in my short contribution to this debate.

I have seen personally the ease of the postal and proxy vote system. I love to vote in person, but those in the west midlands Labour party are hard taskmasters and encourage us to vote by post so that we can be knocking on doors, seeing my hon. Friend the Minister beating Torys where and when we can. However, making it easier to vote for people who have health or family issues, or who are called away for work and the rest, is vital. We have seen the consequences—the threats to our democracy—of people not thinking that politics represents them and their issues, and does not involve or include them. We must think about what we can do to neutralise those concerns and those fears, as my hon. Friend the Member for Edinburgh North and Leith (Tracy Gilbert) has done so brilliantly in her Bill, notwithstanding her technical amendment, which was supported by the House. It speaks for itself.

I am grateful to you for calling me, Madam Deputy Speaker. I am here to support my hon. Friend before I get the train home, and I look forward to the Bill successfully passing its Third Reading.

[Laura Kyrke-Smith (Aylesbury) (Lab)]

I commend my hon. Friend the Member for Edinburgh North and Leith (Tracy Gilbert) for bringing forward the Bill, which I rise to support. It seeks not only to modernise our democratic processes but to safeguard the rights of every citizen across the devolved nations of the UK. At its heart, the Bill is about strengthening participation and ensuring that no one is left without a voice in our democratic institutions. In particular, it seeks to streamline and clarify the mechanisms for absentee voting—by post or by proxy—in the Scottish Parliament and in the Senedd Cymru elections, to align them more effectively with the broader UK framework while respecting the integrity of the devolved powers.

The right to vote is the bedrock of our democracy, but a right is meaningful only if it can be exercised in practice. Too many voters across Scotland and Wales, especially those in rural areas, students, those with disabilities and military personnel, have faced avoidable barriers to postal or proxy voting. Inconsistent regulations and outdated application processes have led to confusion and delays, and the result is that people are prevented from participating in our democracy. They may be serving overseas or temporarily relocated for work or on caring duties for a loved one—playing a vital part in our society or our economy—yet they are penalised for it by being unable to vote.

The Bill’s reforms are sensible and pragmatic and aim to standardise the application procedures for such votes, improving the accessibility and transparency of the system but keeping it inclusive and fair. I am well assured that in doing so, the Bill does not seek to override or diminish the autonomy of the Scottish Parliament or Senedd Cymru, but rather offer a legislative framework that can be adopted in co-operation with them. It should be seen as an opportunity for collaboration—a chance for all corners of the UK to work together to improve the democratic process for every voter. A voter in Aberdeen should have exactly the same confidence in the integrity and accessibility of their vote as my constituents in Aylesbury have. Uniformity strengthens, rather than weakens, our Union and our democracy.

I want to make a wider point about the context. We have seen a decline in voter turnout in recent years, especially among younger and transient populations. I think that stems from the wider challenge that we have in society of young people, and people more broadly, feeling a bit disillusioned and disengaged from politics.

[John Grady]

My hon. Friend mentions the lack of enthusiasm for voting among some young people. That is a real problem in Scotland. Does she agree that one potential explanation is the catastrophic decline of education standards, the insolvency of universities in Scotland and so forth? That may be contributing to a decline in voter enthusiasm.

[Laura Kyrke-Smith]

I agree; the education system plays a big part. I thank my hon. Friend for making that point, which brings me to a related point.

I recently ran a work experience programme for a fantastic group of 16 to 18-year-olds in Aylesbury, and I asked the students to come up with ideas for what more the Government could do for young people in this country. One group came straight to this point of politics, democracy and law. I thank the young people in that group—Ruqaiya Begum, Jacob McNorton, Munashe Ndoro, Georgia Bolland and Alex Foster—for their suggestions. Their ask of the Government was that we give the school curriculum a much greater focus on voting systems, political awareness, civic engagement, the rule of law and human rights. They were spot on, and we had great discussions about how that should help to increase understanding, engagement and participation in our democracy. I shared my hopes that our manifesto commitment to lower the voting age from 18 to 16 in general elections will help to do just that. I really hope that we as a Government will take that forward as quickly as possible.

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[John Grady (Glasgow East) (Lab)]

I am obliged to my hon. Friend the Member for Edinburgh North and Leith (Tracy Gilbert) for introducing this important piece of legislation. For hon. Members who do not know Edinburgh North and Leith, the word “and” is very important in the name of that constituency: Leith is quite separate from Edinburgh—it is a separate city and a wonderful city too. I have many fond memories of being in my hon. Friend’s constituency, because I studied in Edinburgh and I was involved in the Children’s Holiday Venture charity, which is still going strong. Students would take children who had been referred by social workers out swimming, ice skating or away to the countryside for the weekend. I loved my time with that charity, known as “The Students” in Pilton, in my hon. Friend’s seat.

The Bill tackles the important issue of trust in politics. In a way, it is mechanistic, in that it looks at mechanisms for voting, but trust in politics is damaged if people feel that they cannot exercise their right to vote because they have been excluded by being disabled, on holiday or for other reasons. People’s trust in politics is damaged if they feel that they are prevented from voting for reasons that they, quite properly, view as being archaic and anachronistic.

These issues were raised with me during the last general election campaign, as it took place during the Scottish school holidays. We have different school holiday dates in Scotland. They start earlier because our harvests are earlier—not very important in Glasgow East, where there are no farms whatsoever. People felt excluded from voting because they had gone on holiday, and the arrangements did not run as well as they ought to have done.

The Bill gives the Scottish and Welsh Governments concurrent powers to introduce regulations to enable applications for postal and proxy votes for the devolved Administrations to be made online using the Government Digital Service. That will make it easier for my constituents in Carmyle, a wonderful mining village, to vote. The Bill also aligns postal voting renewal cycles. This is confusing for me, but postal voting cycles in Scotland are not aligned, and postal votes are very important for many people. That will help, for example, a postal voter in Mount Vernon who cannot get to Mount Vernon primary school to exercise their right to vote. That is important for confidence in democracy.

Other examples of divergence are set out well in the explanatory notes, which were pulled together by my hon. Friend the Member for Edinburgh North and Leith and the relevant Department. It is important to minimise divergence in this area and harmonise the rules, because people will question our democracy if those in, for example, Wishaw and Tollcross—I spoke about it earlier, with its wonderful park—are subject to different rules from, say, relatives in Northumberland, Newcastle, Corby or London.

That has been the subject of comment in reports by the Electoral Commission and the Electoral Management Board for Scotland, which does much important work in scrutinising election rules. I understand that PACAC also took an interest in it. It is important that these rules operate effectively so that, for example, constituents of mine in Calton and Bridgeton—voting, perhaps, at Bridgeton library, Sacred Heart primary school or Dalmarnock primary school—can cast their votes. It is important that those bodies keep this under control.

The Bill results from close working with the UK Government and the Scottish Government. The Secretary of State for Scotland has put a lot of work into ensuring that the Governments work together where possible for the good of people in Scotland.

[Peter Lamb]

My hon. Friend has highlighted PACAC’s work scrutinising elections. As Parliament’s Select Committee that is overseeing this part of the process, we produced recommendations on behalf of the United Kingdom as a whole. Given that the Bill will devolve to Scottish Government representatives more delegated legislation powers around implementation, does he think it is important that we have a close link between our own Select Committees and those in Scotland and Wales, to ensure that the right lessons are learned and implemented across the whole United Kingdom, rather than just in any one of its constituent parts?

[John Grady]

That is a very good point, and I suggest that the Chair of PACAC picks it up with the Chair of the Scottish Affairs Committee. There are learnings from what happens in Scotland that we can apply in the rest of our family of nations, and vice versa—although I would say that there are no learnings that we can draw from the SNP Government on running a health service, which is in a catastrophic state in Scotland. Speaking of the health service, which is suffering in Scotland, it is important—

[Madam Deputy Speaker (Caroline Nokes)]

Order. I remind Members that we really ought to stay in scope and discuss absent voting in Scotland and Wales, and not necessarily the health service.

[John Grady]

I do apologise, Madam Deputy Speaker. I was just coming to the point that this Bill is so important because voters need to be able to exercise their right to vote to express their views on the management of councils and the Government in Scotland, and the Bill enables people to do so. I apologise for appearing to stray slightly, but it was bringing me to that important point. With that, Madam Deputy Speaker, I think we have heard enough from me.

[Madam Deputy Speaker]

I call the shadow Minister.

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[Paul Holmes]

My hon. Friend the Member for Broadland and Fakenham (Jerome Mayhew) just said that he could not think of anything worse, but I absolutely agree with the hon. Gentleman. I saw something very special in him when we battled together. He was in the year above me, though hon. Members might not think so from looking at him. I absolutely agree that universities can be at the forefront and heart of early democratic engagement, and can shape people’s views and political compass. I am perfectly willing to say in this House that my politics 15, 16 or 17 years ago were very different from my politics today. That is down to the genuinely open nature of debates in this Chamber and, most importantly, on university campuses.

I am feeling a bit left out, because the hon. Member for Glasgow East (John Grady) regularly intervened on others but has not intervened on me. He gave a staunch defence of the Bill in some particularly pertinent areas, and talked about other areas that are maybe not so pertinent. I will watch him over the next four years. I wonder how many schools in his constituency he has mentioned in his first 12 months in this House.

[John Grady]

Will the hon. Gentleman give way?

[Paul Holmes]

As if I could not.

[John Grady]

I thank the hon. Gentleman for his kind words. Having spent a lot of time with him on the Planning and Infrastructure Bill Committee, I know that the charming way in which he presents his submissions would enhance people’s trust in politics, including those voting at Calton Parkhead parish church hall. I am obliged.

[Paul Holmes]

The hon. Gentleman never lets me down. I hope he does not say that within earshot of the Leader of the Opposition, but I can promise her on the Floor of the House that she has nothing to worry about from me. Like him, I will carry on engaging in debates in this House. Where we do not agree, we can do so in a nice, polite and respectful way. We are talking about enhancing democracy for the people of Scotland through this legislation; the way that Members have conducted themselves today serves as a lesson on how people should conduct themselves. I am not talking about any specific parties.

The Bill is welcome, and makes the necessary provisions to ensure that where there is divergence, the whole of Great Britain’s shared democratic values are brought into closer practical alignment. It supports the unity of our democratic system while respecting the devolved nations’ identities. The Conservative party will always look to bridge the gaps between the constituent national communities that make our country so vibrant.

In my role on the Opposition Front Bench, I spend much of my time fighting against what I perceive to be the Government’s repeated attempts to strip local people of their agency and voice. I have had disagreements with the hon. Member for Glasgow East on the Planning and Infrastructure Bill, but this Bill is refreshing. Frankly, it is a relief to be able to support the work of the hon. Member for Edinburgh North and Leith, who has brought forward a Bill that empowers, rather than undermines, our citizens. Specifically, we welcome the provisions that make it easier for people across Scotland and Wales to participate in elections. This Bill honours the principle that democracy should be accessible to all, not a privilege for the few. That is a principle that we on the Conservative Benches will always defend, as I know the Minister does through her role.

Accessibility is vital, but so too is security. Protecting the integrity of our elections and guarding against fraud or interference is a core responsibility of any Government. Ministers must take decisive and proactive steps, while modernising and reforming our system, to prevent malign influence, whether domestic or foreign.

We do not have to look for long to see instances of electoral interference from foreign state and non-state actors. Indeed, most recently, it was reported that dozens of anonymous pro Scottish independence X accounts allegedly operated by Iran’s Islamic Revolutionary Guard Corps have gone silent since Israel launched strikes on Iranian military and cyber targets on 12 June. The accounts, which seemed to use fake Scottish identities to spread anti-UK sentiment, were identified by Clemson University researchers as being part of a suspected foreign influence campaign.

That example is one among many, and it illustrates an important point that we all must take seriously. 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.

It is right to note that the Bill builds on work by the previous Government, including the Elections Act 2022, which took important steps to strengthen the security of our democratic processes, introducing requirements such as digital imprints on online campaign materials and enhancing transparency in political funding. Those were much-needed reforms, and it was a shame that legislative consent was not given to those measures in 2022. The Bill now mitigates the effect of that decision.

As the hon. Member for Edinburgh North and Leith said, the inclusion of identity verification for postal and proxy vote applications is another necessary measure to close off vulnerabilities in our system. There must not be a mismatch between how people register by post and how they do so digitally. These are technical details, but their impact on the integrity of our electoral process is profound. We must not allow inconsistent standards to become weak spots in our democracy, because we can be sure that our adversaries abroad would use those to divide us and cause chaos in any way they can.

This Bill represents a sensible and timely move to enhance voter access and uphold the integrity of our electoral system. By aligning absent voting procedures in devolved elections with those across the rest of the United Kingdom, it helps to modernise and safeguard our democratic processes for the future. Crucially, it also empowers voters in Scotland and Wales by making participation in elections simpler and more accessible.

I must reiterate what I said on Second Reading: I urge the Government to abandon their plans to water down voter ID requirements. They have found it within themselves to make U-turns in other areas. Today we are legislating to make voting easier for people while maintaining adequate security, but we cannot also have the Government watering down voter ID requirements, which would reduce security in our voting system.

On that rare note of disharmony during an afternoon of unity, I congratulate the hon. Member for Edinburgh North and Leith again on the constructive and inclusive approach that she has taken. I look forward to seeing this legislation on the statute book. Let us see whether she brings more legislation forward over the next four years to make a real difference in this country.