Proxy Voting

Philip Davies Excerpts

Monday 28th January 2019 Commons Chamber

[The Leader of the House of Commons (Andrea Leadsom)]

I beg to move,

That this House:—

(1) reaffirms its resolution of 1 February 2018 on baby leave for Members of Parliament;

(2) endorses the Fifth Report of the Procedure Committee, HC 825, on Proxy voting and parental absence;

(3) accordingly directs the Speaker to prepare a pilot scheme governing the operation of proxy voting for Members absent from the House by reason of childbirth or care of an infant or newly adopted child, pursuant to the recommendations in the Committee’s report, this resolution and the temporary Standing Order (Voting by proxy for parental absence);

(4) directs that a scheme prepared in accordance with this resolution and the temporary Standing Order (Voting by proxy for parental absence) shall be signed by the Speaker and the leaders of the three largest parties in the House before it is published, and that it shall enter into effect for a period of 12 months when the Speaker takes the chair on the sitting day after the day of publication;

(5) directs that any amendment of a scheme in effect by virtue of paragraph (4) above shall take effect when the Speaker takes the Chair on the sitting day after a proposal signed by the Speaker and the leaders of the three largest parties in the House is published; and

(6) directs the Procedure Committee to review proxy voting arrangements within 12 months of the commencement of a scheme established by virtue of this order.

This debate follows much discussion of the issue of baby leave and the use of proxy voting over the past year. I would like to start by thanking all Members from right across the House who have helped to bring us to this point. In particular, I am extremely grateful to my hon. Friend the Member for Broxbourne (Mr Walker) and his Committee for their helpful and rapid response to last February’s debate. Their report has provided the means for us to implement these changes and to demonstrate how Members are helping to bring Parliament into the 21st century.

I also thank the Chair of the Women and Equalities Committee, my right hon. Friend the Member for Basingstoke (Mrs Miller), and the Mother of the House, the right hon. and learned Member for Camberwell and Peckham (Ms Harman). They have both been strong champions of proxy voting and have consistently supported and promoted the many issues that affect women in this place.

I pay tribute to the collaborative way in which you, Mr Speaker, have worked with the Clerks to ensure that, should these motions pass, the proxy voting scheme can be operational from tomorrow. I am grateful to the Prime Minister, the Leader of the Opposition and the SNP’s Westminster leader, the right hon. Member for Ross, Skye and Lochaber (Ian Blackford), for quickly reviewing and authorising the details of the scheme that is the subject of this evening’s decision. Over the past year we have seen two full debates, a Select Committee inquiry, three urgent questions and many other deliberations in the House on this issue, and in my opinion quite rightly, too. Throughout that time, we have seen strong support for the changes before us today.

I am sympathetic to the issue that the amendment seeks to address. A miscarriage is a distressing time for any individual to have to go through. However, those suffering such distress may well prefer to do so in private, via the anonymity of the pairing system rather than the transparency of a proxy vote, during what is always a personally devastating period. Whether the amendment is passed is ultimately a decision for the House.

[Philip Davies (Shipley) (Con)]

The proxy voting in the motion is voluntary—it will not be compulsory for somebody to take a proxy vote. If somebody wished to keep such a matter private, they would still be able to under my amendment. It would just mean that if somebody wished to take advantage of proxy voting after they had had a miscarriage, they would be able to do so. I am not sure that it would breach a confidentiality if the person concerned did not want it to.

[Andrea Leadsom]

My hon. Friend is absolutely right in the point he makes. I think I just acknowledged that myself.

--- Later in debate ---

[Philip Davies (Shipley) (Con)]

Thank you for selecting my amendment (d), Mr Speaker. There seem to be two things that we need to concern ourselves with today. The first is whether we agree with proxy voting, and the second is whether we agree with proxy voting on the terms in the motion.

I am rather sceptical about proxy voting for a number of reasons, not least that if debates in this place never changed anybody’s mind or made better legislation, we would have to question why we bother having them at all in the first place. That is a clear part of our role as MPs. What Ministers say at the end of a debate can affect a Member’s vote. Reassurances from Ministers can make a Member take a different line, and that has happened on many occasions.

I am also sceptical because I am not entirely sure that this will deal with the lack of trust in the pairing system. What if the proxy votes the wrong way? What if there is a breakdown in communication? What if the designated proxy is unable to vote, for some reason? This does not mean that there will be none of the same problems with proxy voting as there are with the pairing system. We should not believe that this will be a flawless system. Given that the will of the House is clearly that we should have proxy voting, it is surely incumbent on us to try to make the rules the best we can, and this motion is lacking in a number of areas.

[Tim Loughton (East Worthing and Shoreham) (Con)]

I do not share my hon. Friend’s scepticism, but I do share his attention to detail, and that is lacking in his amendment. He will know that my private Member’s Bill dealing with stillbirths is going through the House of Lords at the moment. I hope that his amendment would extend to women who have suffered stillbirths, who would not be covered by the definition of miscarriage at the moment.

[Philip Davies]

I am grateful to my hon. Friend, and I accept his support in that spirit. If we are going down the route of proxy voting, we have to make sure that it is fair for people in every circumstance. That is the point I want to make. That is why it is important that people who have a serious illness, who are not covered by the motion, are included. Why is the primary carer of someone who is seriously ill less deserving of a proxy vote? Why is someone whose close relative has died less deserving of a proxy vote than those mentioned in the motion? People who have suffered a miscarriage should equally be covered, and I hope the Government will accept my amendment.

We have to look at why fathers and mothers are being treated so differently. The Women and Equalities Committee report, “Fathers and the workplace”, which I think was a unanimous report of the Committee, said that limiting the statutory period to two weeks for fathers is

“particularly inadequate in certain specific circumstances, such as where the mother or baby is ill or has been born prematurely.”

I agree with that report of the Committee, on which I serve. Members of the Committee seem to have been distinctly lacking in arguing for that to be included in the terms of this motion, despite recommending that every other organisation in the country should abide by it. They seem to think that it should not apply to the House of Commons but should apply to every single other organisation.

We have to look at where proxy voting applies, and I hope the Procedure Committee will consider all these things. I do not think that proxy voting should apply to private Members’ Bills, for example, which it does in the motion. Hardly anybody turns up for private Members’ Bills, so it would be rather absurd that someone who never turns up for them on Fridays and never had any intention of doing so will all of a sudden be able to vote in proceedings on them.

The Report of Bills is not really suitable for proxy voting. You might recall, Mr Speaker, that there are sometimes 200 amendments tabled to a Bill on Report in different groupings. We do not know on the day of the vote which ones will be selected for debate or which ones will be voted on. How on earth can a Member give an informed opinion on 200-odd amendments that day when they do not even know which ones are being voted on and which ones will be selected for debate? We should be very wary about extending proxy voting to the Report of Bills.

I must say that there is something distinctly lacking in one of the motions compared with the one in the Procedure Committee report. The Government have missed out one key plank, which I have sought to reinstate, of the report’s proposed motion. It states:

“The Speaker may make provision for the exercise of a proxy vote insofar as it is not provided for in this Order.”

That had in mind something like miscarriages, which is why I have tabled amendment (d).

Equally, the Procedure Committee report says:

“There is an inherent risk to the House’s reputation of Members away from the House casting votes as if they are present in the Chamber and actively following debates. For example, it would be unthinkable”—

the word “unthinkable” is underlined in the report—

“for a motion on committing military personnel to armed conflict to be carried on the basis of proxy votes.”

Yet that has not been excluded from the motion on proxy votes: sending troops to war will still be covered by proxy votes, despite the Procedure Committee saying that that would be unthinkable.

I hope that the Government will accept my amendment (d) as a modest step forward in trying to make this procedure fairer to everybody, irrespective of their circumstances, and I hope that the Procedure Committee will look at all these matters in the round when this comes up for review.