Elections Bill

Lord Holmes of Richmond Excerpts

Lords Hansard - Part 1 & Report stage
Wednesday 6th April 2022 Lords Chamber

Moved by

[Lord Holmes of Richmond]

26: Clause 9, page 12, line 21, after “vote” insert “independently”
Member’s explanatory statement
This amendment and the amendment in Lord Holmes’ name at page 12, line 22 reference the need for equipment provided for a polling station under rule 29(3A) of Schedule 1 to the Representation of the People Act 1983 to enable or facilitate independent and secret voting by voters who are blind or partially sighted or have another disability.

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[Lord Holmes of Richmond (Con)]

My Lords, I will also speak to Amendments 27 to 30 and 34 to 37, which are all in my name. I thank my noble friend the Minister for the courtesy he showed in meeting me on a number of occasions, and his officials for the helpful discussions we have had since Committee. In particular, I thank the noble Lord, Lord Blunkett, for co-signing my amendments and for his wisdom and support, which are well known and appreciated across the House.

In Committee, I set out three pillars that blind and partially sighted people—indeed, all people—should be able to expect when voting: to be able to vote inclusively, independently and in secret. I carry these three pillars through to Report; they are the key pillars anyone should be able to rely on when exercising the most essential and fundamental right in our democracy.

The suite of nine amendments that I set forward would transform Clause 9 and achieve these three pillars, not least for blind and partially sighted voters. The clause will be simply changed by the insertion of “independently” after “to vote”, and the insertion of

“(including in relation to voting secretly)”

after the words “rule 37”. If agreed, this would set out in statute a high standard that any equipment provided would have to meet for voting independently and in secret.

I have not changed some of the Government’s drafting, which refers to “such equipment” that “is reasonable”. “Reasonable” would apply were it in the Bill or not, by operation of equalities legislation in this country, so it is all the better for being up front in this clause. I have also not changed the wording

“enabling, or making it easier”.

My interpretation of this wording is that it is a two-limb test for the equipment to be provided. I ask my noble friend the Minister to confirm whether this is the Government’s view. I believe that is how “enabling” comes into play for people such as myself, who would not be able to vote at all without such equipment. For those people who potentially can vote, but for whom it is unreasonably difficult for a whole host of reasons, “making it easier” comes into play. I see these as two separate and important elements of the clause, which are not set out as a choice to either enable or make it easier. I would welcome my noble friend’s view on that element of the clause.

I also talked in Committee about the real need to avoid a postcode lottery, which is absolutely critical. Whether you vote in Kidderminster or Kew, Cambridge or Sheffield, a blind or visually impaired person—or indeed any disabled or non-disabled person—should be assured that there is provision that meets that standard. Prescription could be either of equipment or, as set out in my amendment to new paragraph (3B), around a standard, which I believe is far more than the minimum standard.

Alongside this, moving forward from my Amendment 20 in Committee, I have set out a number of provisions for the Electoral Commission on these needs: to issue statutory guidance; to consult relevant organisations that will have expertise to bring to bear for the guidance; for a duty to report on what has happened at elections on accessibility and provision; and, for the first time, a duty to put in place performance measures around accessibility for returning officers. Added to this is the need for a “have regard” duty on returning officers for this guidance. Again, I believe that “have regard” is a high statutory duty to achieve.

Amendments 34 to 37 are equally important. They would do exactly what I have just set out in the context of Northern Ireland local elections.

Taken as a whole, these nine amendments would transform Clause 9 and Schedule 6 in terms of inclusive, independent and in secret provision for blind and partially sighted voters. Crucially, if adopted, they would not only make voting inclusive, independent and in secret but mean that people would no longer find voting difficult, upsetting, humiliating or demeaning. Even more so, they should mean that people who perhaps have never voted, for reasons of lack of inclusion, or inability to vote independently or in secret, will be encouraged to come to the poll and exercise their democratic right. I believe these amendments will achieve that. I hope my noble friend the Minister will support them in full. I very much look forward to the debate and I beg to move.

[Lord Thomas of Gresford (LD)]

My Lords, I express my full support and that of the Liberal Democrats for the noble Lord, Lord Holmes of Richmond, for producing this amendment. I congratulate him in particular on the success of his negotiations with the noble Lord, Lord True. I also congratulate the noble Lord, Lord True. This is a very sensible way to deal with a problem that I had not appreciated until last year, when I was partly sighted. The amendment stresses that a person suffering from blindness or partial sight, or another disability, can vote independently and in secret, and will not have to face the humiliation to which the noble Lord, Lord Holmes, referred of having either to announce his vote publicly in a polling booth or to have someone else vote for him.

It was very wise for he and the Minister to agree that the Electoral Commission should give guidance to returning officers and that it would have to consult the bodies concerned—the RNIB and others—before specifying the sort of mechanisms which would enable this to happen. One of the good things about this is that it is not prescriptive and so it allows the mechanisms to improve over time, as new inventions come forward. In Committee, I talked about the pilot scheme going on in, I think, Norfolk, where not only was a frame put over the ballot paper but information was given to the voter by a recording as to what was on the ballot paper. That was an interesting pilot scheme, but maybe more things will develop in the future and the wisdom of these provisions will be recognised. Having agreed the report that must be returned by returning officers, that of course ensures that these provisions are carried out. I very much support this amendment.

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[Lord True (Con)]

My Lords, I infer from the debate that the RNIB has been spreading quite a lot of correspondence around your Lordships’ Chamber on these issues. I have not seen that specific letter myself, but we are acting in good faith here. The RNIB is a trusted and respected partner. I have told the House that there is a duty on the Electoral Commission to consult with it, and I said in my speech that we should move towards a future of more innovation. This was something that we were challenged on, quite rightly, by my noble friend Lord Holmes of Richmond in his first speech on this matter. That remains the Government’s hope and expectation. This is a conversation that is going to be carried forward, not by me at this Dispatch Box or by your Lordships but under the duties set out in the amendments, hopefully to produce a better and more accessible future for all voters. I repeat that I urge the House to accept these amendments.

[Lord Holmes of Richmond (Con)]

My Lords, I thank all noble Lords who participated in this evening’s debate, and particularly my noble friend the Minister for the way in which he has responded to the nine amendments set down in my name.

I believe that legislation is important. Why would we be here if it were not? These amendments put forward a transformation for inclusion, independence and secret voting for blind and partially sighted and all disabled and non-disabled people. But as with all legislation, though it is important to pass it, this is but one step on a journey. If we pass the Bill post the Easter Recess, it will be incumbent upon the Government, the Electoral Commission, the association of EROs and civil society to come together to work to make this not only compliant or of a minimum standard but a positive experience for everybody at the polling booths.

Amendment 26 agreed.

Moved by

[Lord Holmes of Richmond]

27: Clause 9, page 12, line 22, after “37” insert “(including in relation to voting secretly)”
Member’s explanatory statement
See the explanatory statement relating to the amendment in Lord Holmes’ name at page 12, line 21.

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Moved by

[Lord Holmes of Richmond]

34: Schedule 6, page 119, line 17, after “vote” insert “independently”
Member’s explanatory statement
This amendment makes provision in relation to local elections in Northern Ireland corresponding to that made by the amendment in the name of Lord Holmes at page 12, line 21.