Voting by Proxy (Amendment and Extension)

Rosie Winterton Excerpts

Wednesday 12th October 2022 Commons Chamber

[Penny Mordaunt]

I completely agree with my hon. Friend. I know that many Members of the House gave evidence to the inquiry. This is not about the merits of those individual cases but, clearly, this needs to be trialled and we want to ensure that that is brought forward as swiftly as possible.

It is important that all Members of this House can participate in our votes. Divisions here change people’s lives across the country, so the legitimacy of the system must be above reproach to ensure that we maintain the full confidence of our constituents. Proxy voting meets that test. It has worked well for Members who are new mothers or fathers, allowing them to continue to serve their constituents while dealing with their family obligations. We have confidence that extending its scope under these pilot arrangements will work well.

I do not wish to detain the House for too long. However, the motion proposes one or two other changes that hon. Members will wish to consider carefully. I am grateful to the House authorities for providing an explanatory note ahead of the debate.

I wish briefly to cover one proposed change. The motion removes the requirement that Members be absent from the House to exercise their proxy vote. That follows representations from Members who might wish, for example, to participate in an urgent question or statement for which the suspension of a proxy vote with notice is impossible. The House will note the concerns raised both by the Government and by the Procedure Committee that this measure is likely to be of most benefit to Members who are based relatively close to London, and that it could introduce pressure on Members to participate in proceedings while on leave for parental duties or because of matters of ill health.

As the Committee points out:

“Absence from the Estate serves a dual purpose: it explains why a Member is able to vote by proxy but also affords a degree of protection to Members taking care of very young children.”

Members will be able to make use of proxy votes on a voluntary basis and in the same spirit. It will be entirely voluntary, and it will be for each Member to determine whether they wish to participate in a debate at short notice. I assure Members that, in introducing this change, the Government do not envisage any change to the role of MPs, or how they perform in this place their duty to their constituents. Nevertheless, there may be circumstances in which this change will serve a helpful purpose by enabling Members to participate in proceedings without suspending their proxy. Of course, Members should not attempt to vote in person in those circumstances.

The Government believe that a pilot scheme in which the effect of this expansion is carefully measured is a sensible first step, as it is imperative that the voting process remains robust and transparent and that the personal accountability of each Member’s vote is not lost. The review conducted by the Procedure Committee will be essential in determining whether the changes to the scheme are made permanent.

As Members of this House, we all have a duty to ensure that Parliament is inclusive for all Members and their circumstances, be they parental responsibilities or long-term illness, which the proposed pilot scheme would cover. The Procedure Committee found that the

“overwhelming balance of evidence…was in favour of an extension of proxy voting”

to include those areas. Ultimately, it is for the House to consider whether it thinks it right that the proxy voting system be expanded. For my part, I hope that the House will support the Procedure Committee’s recommendations. I commend the motion to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Leader of the House.

[Thangam Debbonaire (Bristol West) (Lab)]

I thank the Leader of the House for moving this important motion. It is disappointing that we had to wait until after the summer recess for this debate; I can only hope that it has inspired her to press ahead with other important matters of House business such as the Members’ code of conduct, which we will be partially debating next Tuesday—but that is for another time.

I thank the right hon. Member for Staffordshire Moorlands (Karen Bradley), her Committee and its staff for doing such excellent work in pressing on with the issue and pursuing it so determinedly, and for the sensitive way in which they conducted their inquiries. I have already welcomed the publication of their report, read it carefully and noted its recommendations. The Committee clearly received an

“overwhelming balance of evidence…in favour of proxy voting being extended to include Members suffering from…long-term illness or injury.”

I am happy to assure the right hon. Lady that she has my full support in introducing this pilot scheme.

I also pay tribute to the hon. Members for East Dunbartonshire (Amy Callaghan) and for Chatham and Aylesford (Tracey Crouch), who both gave very personal evidence to the Committee about the difficult challenges that they faced with long-term illness. We all know at least one colleague who, despite being seriously unwell, has wanted to drag themselves in for a vote and carry out their most basic duty as a Member of this House at a time when it may have been unwise to do so.

I wish also to put on record my support for the counter to that. We also know of the really supportive work done by the Whips Offices. I was well supported by my Whip throughout the time that I was having treatment, so I was able to stay away and not have to think about it. That is a very personal choice and I fully recognise that there will be Members with different views and different needs, but I want to make it clear that I am glad that the option of nodding through and pairing remains, and that this measure is therefore optional.

Parliament ought to be a model workplace at the forefront of rights at work and accessibility. I think that the motion strikes the right balance: it is proportionate and it is welcome.

As the Women and Equalities Committee has recommended, addressing outdated, entrenched, gendered stereotypes about childcare is essential. Members should have the option to take shared leave, and I am glad that today’s motion could resolve that.

I also want to put on record my support for the decoupling of a proxy vote from restrictions on participating in other parliamentary proceedings. The Committee understood and recognised the need for “keeping-in-touch days”, as they may be called. Some Members will want, and feel able to, come in occasionally to make an intervention, but will not necessarily feel able to stay physically for votes or return the next day. I commend the Committee for recognising the benefits of such flexibility. I know that that range of choices will aid recovery and improve wellbeing, as, of course, will “nodding through” and pairing.

I am aware of the concern that has been raised over privacy for Members, which is, perhaps, why I am referring again to “nodding through” and pairing. There will be Members who want to make that choice for that reason. I was reassured to see no proposed changes in the mechanisms that exist as political agreements between Whips Offices, because respect for privacy is important. When they wish to do so, Members should be able to—and, under this proposed arrangement, they can—continue to choose that more discreet option.

I have a few questions for the Leader of the House, and possibly for the Chair of the Procedure Committee as well. Can the Leader of the House tell us what other considerations there have been about maintaining privacy for Members if that is what they wish? Can she, or perhaps the Chair of the Procedure Committee, give us a bit more detail about how the scheme might work in practice? What thresholds have been discussed in relation to the severity of illness or injury that will qualify a Member for a proxy vote?

Has thought been given to the possibility that the pilot may have to be extended if it is not used for the very legitimate possible reason that Members simply do not need it during the six months that we have allocated? I hope that no Members will need it, but they may, and it may be for a happy reason. There may be all sorts of reasons unconnected with illness. If Members do need it because of illness, we will be able to test the parameters of the pilot, but if they do not, I suggest that we will need to extend it. It would be wrong for the scheme to be dismissed because of low take-up, or not to go through some of the complications that may arise if we do not test it in practice.

Given that this is a pilot scheme, may I ask whether the Procedure Committee will have time to assess the way in which it works? Can the Leader of the House update us on her discussions with the Chair of the Procedure Committee about how the pilot will be assessed? What criteria will be used, and will this involve an assessment of Members who proactively do not want to be part of the scheme, but want their considerations to be heard?

This pilot of a very well-considered proposal has come at the right time. In fact, we could all probably say that its time was probably last year or the year before, but I am glad to be here at this point, when we can say that we are taking another step forward towards making our Parliament truly one in which all can serve, regardless of health, disability or childbirth status.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Procedure Committee.

[Karen Bradley (Staffordshire Moorlands) (Con)]

Let me start by thanking my right hon. Friend the Leader of the House for finding time for the debate. It is very welcome that time is provided in the House for us to debate these matters properly. A habit had been developing of making such debates “nod or nothing”, which did not give Members an opportunity to have their say about the important matters which govern how we best represent our constituents.

As my right hon. Friend said in her opening remarks, proxy voting is a relatively new procedure for the House. It was initially introduced in 2018, but, as my right hon. Friend said, it was in May 2019 that that the pilot scheme for proxy voting during baby leave was introduced following a report from our predecessor Committee, chaired by my hon. Friend the Member for Broxbourne (Sir Charles Walker). The current Committee, which I now chair, reviewed the pilot scheme and produced a report in September 2020, making the baby leave scheme permanent.

During that process, we were acutely aware of calls to extend proxy voting to other areas, but we wanted to ensure that the review focused on the way in which the proxy scheme worked for those on baby leave—a very “known” event which is very public. People are very aware that their Members of Parliament, or their spouses, are having babies. I think that that has improved this place, and made it a much more welcoming environment for new parents.

At the time we issued our report in September 2020 we were in the middle of the coronavirus pandemic, and at that same time the House agreed that proxy voting should be extended for matters of illness or being unable to attend this place due to the coronavirus. At that point, it was a widely used measure. For very good reasons, Members were not expected to be in the Division Lobby. That was absolutely right, because it would not have been a safe place for them. A very difficult process of voting with social distancing was introduced, and it was quite right that proxy votes were available to pretty much anyone who wished to use them by the end of the pandemic. I think there was a point when only about 14 Members had not taken up a proxy vote.

I want to reassure any Members who are concerned that we are going to start down that route again that that is not what this scheme envisages. This will be a much more restrictive scheme which we do not envisage being used by more than a small number of Members at any one time. However, it was clear from all the evidence that we took that, for those Members who need it, the scheme will be the most valuable way to enable them to represent their constituents.

I see that the hon. Member for East Dunbartonshire (Amy Callaghan) is here, and I know she is going to contribute to the debate at some point. Hers was one of the most overwhelming pieces of evidence given to the Committee. She said that representing our constituents and being able to have our votes recorded was an incredibly important part of the democratic process, and that it cannot be right in a modern Parliament that wants to give open access to everybody if Members feel unable to do that or if they feel pressured to put their health in jeopardy in order to come into this place and vote.

I am pleased that the Government have tabled this motion. I want to make a point about confidentiality, because that is something that I am nervous about. I am not going to say that I am not concerned about it. We toyed with this issue on the Committee: how can we ensure that someone going through a deeply personal and private experience can have the confidentiality they need when taking up this scheme? It is clear that we have to ensure that there is transparency to constituents around voting, but that transparency could impact on people’s personal situations.

The first point is that nobody needs to take up the opportunity. If Members do not wish to take a proxy vote, they do not have to do so. I am pleased that pairing will still be available, even though it relies on trust and on the relations between the usual channels working. It is an important part of the way we conduct our business. For any Member who is away for just a short amount of time, pairing is a good way to deal with these matters. We heard evidence that if a Member was unable to attend for a few weeks, their constituents did not notice, but there was strong evidence that after a certain period of time, they did start to notice that their Member was not voting. It is a matter for each of us how we represent our constituents and what we are prepared to say in the public domain, but the evidence we received from the hon. Member for East Dunbartonshire, my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) and many others who had gone through or were going through long-term medical conditions was overwhelming: they said that the availability of this option, for those who wished to take it, was incredibly important. So I am pleased that that is going to be the case.

The hon. Member for Bristol West (Thangam Debbonaire) asked about the consideration given by the Committee to eligibility—I feel like I am answering a statement here. We came to the view that a scheme should be designed to allow the Speaker the final say on the provision of medical evidence for someone needing to take time away from this place in order to get the treatment they need and have the best chance of recovery from whatever their condition may be. It should be noted that the Independent Parliamentary Standards Authority allows Members of Parliament an additional budget for staff if they are away for three months or more. I would have thought that is a very good example, as three months feels about the right amount of leave needed to qualify for a proxy. Clearly, it will be on a case-by-case basis. We did not want to dictate which conditions qualify and which do not, but we were keen to make sure there is flexibility for Mr Speaker.

The hon. Lady also asked about time for the review, and my right hon. Friend the Member for East Yorkshire (Sir Greg Knight), who is a previous Chair of the Procedure Committee—I served under him—is right. I am slightly concerned about the timeframe for the review, because I would not want so few Members to take up these proxies that we do not have evidence on which to operate. The Leader of the House is extraordinarily pragmatic and helpful, and I am sure she will work with me if it is felt that the pilot needs to be extended slightly before the Committee reviews it. We will, of course, find time for whatever review is required.

Finally, we deliberately decoupled any parliamentary absence from the baby leave proxy when it was introduced, so that no new parent felt pressured to come to this place. They were allowed to have proper time with their newborn, in the way that all new parents should have, but we learned during coronavirus that there are many occasions when it is important for Members to be able to contribute to debates and then to exercise their vote via proxy, both for keeping in touch and for recovery. We heard from my hon. Friend the Member for Chatham and Aylesford that being able to come in for a few days at a time, to be able to take part in debates while still receiving treatment, and still to be able to go home and recover, is incredibly important.

I finish by thanking the other members of the Procedure Committee and my fantastic Clerks, who worked incredibly hard on this report. Without them, we would not have had the superb report that is before the House today. I fully support the motion, and I hope the House will agree to it unanimously.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson, Deidre Brock.