Elections Bill (Eighth sitting)

Patrick Grady Excerpts

Committee stage
Tuesday 19th October 2021 Public Bill Committees

[Cat Smith]

I thank the Minister for her remarks and echo the fact that for many of us, our politics and our faith are entwined. Indeed, our faith backgrounds often influence our politics and guide our values, so I am glad for her clarification and remarks.

The report that she highlighted recommended improvements around the existing corrupt practice of undue influence, which is subject to an offence designed to protect electors from malicious interference and intimidation. The main purpose of the clause is to clarify the activities that constitute undue influence in order to make the legislation easier to interpret. For that reason, the Opposition will support it.

We are pleased that Ministers backed away from creating a new offence, given that the existing criminal law is perfectly capable of dealing with intimidation and harassment. The enforcement of the law is the problem, and an update of section 115 of the 1983 Act, which, as the Minister pointed out, originated in the 19th century, is long overdue.

Although we welcome the clause, it is just a small step forward. We are disappointed not to see the comprehensive and joined-up reform of electoral law that is required.

Question put and agreed to.

Clause 7 accordingly ordered to stand part of the Bill.

Schedule 4 agreed to.

Clause 8

Assistance with voting for persons with disabilities

[Patrick Grady (Glasgow North) (SNP)]

I beg to move amendment 60, in clause 8, page 11, leave out lines 16 to 27 and insert—

“(a) in paragraph (3A)(b), for ‘a device’ substitute ‘equipment’;

(b) after paragraph (3A)(b) insert—

‘(c) such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote in the manner directed by rule 37.’;

(c) after paragraph (3A) insert—

‘(3B) In paragraph (3A)(c), “relevant persons” means persons who find it difficult or impossible to vote in the manner directed by rule 37 because of a disability.’”

This amendment would retain the requirement for returning officers to make specific provision at polling stations to enable voters who are blind or partially-sighted to vote without any need for assistance from the presiding officer or any companion and change the nature of that provision from “a device” to “equipment”.

[The Chair]

With this it will be convenient to discuss clause stand part.

[Patrick Grady]

It is a pleasure to serve under your chairmanship, Ms Ali.

The amendment, which was tabled in my name and that of my hon. Friend the Member for Argyll and Bute, is pretty straightforward and simple. It preserves and enhances current provisions and protections for blind and partially sighted people, while incorporating the Government’s new provisions for people with all other kinds of disabilities to be fully supported when casting their vote. The 1983 Act, as amended, provides that:

“The returning officer shall also provide each polling station with—

(a) at least one large version of the ballot paper which shall be displayed inside the polling station for the assistance of voters who are partially-sighted”.

I am sure that we are all familiar with seeing the big ballot papers up, and I think that they are probably a help for most voters going into the polling station, irrespective of whether they are partially sighted. The Act states that the returning officer shall also provide:

“(b) a device of such description as may be prescribed for enabling voters who are blind or partially-sighted to vote without any need for assistance from the presiding officer or any companion”.

Clause 8 removes subparagraph (b) and replaces it with a more general requirement for returning officers to provide

“such equipment as it is reasonable to provide for the purposes of enabling, or making easier for, relevant persons to vote in the manner directed by rule 37.”

During the oral evidence sessions, the previous Minister, the hon. Member for Norwich North (Chloe Smith), argued that the provision expands and enhances the duties of returning officers and will not diminish the support currently available for blind and partially sighted people. I suspect her successor will say the same. That does not necessarily reflect the reality on the ground. Even with the current RPA requirements, the Royal National Institute of Blind People estimates that four in five blind people cannot vote independently and in secret. Its researchers found that 46% of blind and partially sighted people—less than half—are satisfied with their experience of voting, and at polling stations nearly two thirds of blind people, 61%, and a third of partially sighted people, 32%, had to get another person to help them to vote.

I am sure that Members have read the written evidence submitted to the Committee by the RNIB—EB04—which contains some quotes from respondents to the survey and research that the RNIB has carried out. One says

“The lady had to read out the candidates to me and point out the one that I wanted to vote for. It was slightly humiliating… Don’t get me wrong—the ladies were lovely and kind but it wasn’t secret or independent.”

Another said:

“I usually have my partner with me to help, which makes things easier, but today I was alone, which made me realise just how dependent I am on others. Very negative from start to finish.”

That evidence went on to say:

“In 2019, a Judicial Review found the Government’s current provisions to support blind and partially sighted voters unlawful, with the judge describing existing provisions as ‘a parody of the electoral process’ because of the inability for voters to review the ballot paper independently using equipment provided and then make their mark.”

That is 150 years since the Ballot Act 1872 provided for everyone to have the right to vote in secret.

I suspect that we will hear from the Minister that the Cabinet Office—well, it was the Cabinet Office, but perhaps it is now the levelling-up Department or whoever is in charge—or the Government collectively are engaging with the RNIB to update the technology to improve the provisions. That is great, and that is a simple matter of fact: they are working with the stakeholders and that is welcome. However, the same stakeholders are clear that the Bill as drafted represents a diminishment of the current rights afforded to blind and partially sighted people.

--- Later in debate ---

[Patrick Grady]

The Minister said that the Government are not removing existing protections, but that is exactly what they are doing. They are literally removing the existing provisions in the RPA and putting in a different clause. She said that the amendment would be needlessly prescriptive, but the amendment simply retains the current legislation and the language that is currently in the Bill, thanks to the ingenuity of those who helped us to draft the amendment.

As all Opposition Members who have spoken have said, the concerns are raised clearly by the RNIB. I refer again to the written evidence that it submitted. In paragraph 2.7 it said that

“in the revised wording proposed, an individual returning officer could in theory decide that even the tactile voting device is not ‘reasonable’ to provide, lessening the accessibility of voting even compared to today.”

To the point that the hon. Member for Lancaster and Fleetwood made, the RNIB also said:

“Moving the decision regarding what adaptations to provide to returning officer level would result in even more of a patchwork of provision and make it very difficult for blind and partially sighted people to know what to expect and to obtain the adjustments they need, damaging the ability to vote independently even further.”

The amendment would retain the Government’s wording and what is in the existing legislation, so we are providing a double level of support for blind and partially sighted people, and other people who require specific reasonable adjustments. I did not quite catch what the Minister said in response to the intervention on whether she had met with the RNIB. It is understandable that she is new in post and has not had time to meet with it, but I hope that she was not saying that she would not meet with it in future. I hope that she will give an undertaking to do so.

I am disappointed that the Government are not supporting the amendment, and I think that blind and partially sighted people who are following these proceedings would also be disappointed if we did not test the will of the Committee by pressing the amendment to a vote.

Question put, That the amendment be made.