Elections Bill

Lord Thomas of Gresford Excerpts

2nd reading
Wednesday 23rd February 2022 Lords Chamber

[Lord Thomas of Gresford (LD)]

My Lords, the right to vote is indeed a privilege. I want to focus on Clause 9, the provision for the blind and partially sighted to vote. I have a real interest, in that for half of last year I was suffering from a cataract in my one and only eye, complicated by bleeding into the back of the eye. The result was that the printed page appeared to me as a complete blank. All I could do was read, with difficulty, a backlit iPad or laptop with reversed text and with the aid of a large magnifying glass. I could not have read a ballot paper.

Schedule 1 of the Representation of the People Act 1983 provides the rules that govern elections. Rule 29 states:

“(3A) 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; and (b) a device of such description which 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.”


The device prescribed is known as the tactile voting device or TVD. It is made from a sheet of transparent plastic which is as long as the ballot paper and is placed on top of the ballot paper. On the right-hand side of the TVD are flaps, numbered from one at the top and so on down the page so that the number of flaps corresponds to the number of candidates standing in the constituency. The number printed on each flap is raised so that it can be felt by touch. Adjacent to each flap, the flap number is printed in Braille to assist those who are blind and Braillists. But there is no way for voters who are blind to know, without help, which flap on the TVD corresponds to which candidate, and to which party. It is only the number of the tab that is in Braille. Either the official in charge of the polling station or a member of their close family has to read out the names of the candidates and the order in which they appear on the ballot paper.

In practice, because of that inability to read the names of the candidates on the ballot paper, the vast majority of the 350,000 blind and partially sighted people in the UK currently find it impossible to vote without having to share their vote with someone else, often finding they have to name the candidate they want to vote for out loud. RNIB figures from UK elections in May 2021 found that four in five blind people felt that they were unable to vote both independently and in secret. A survey carried out by the RNIB gave many examples of the impact that this has. One said:

“My helper disagrees with my vote and I have no way to be sure she voted as I wished.”


In 2019, Rachael Andrews, a 46 year-old lady from Norfolk who had no sight in one eye and only partial sight in the other, judicially reviewed these arrangements. Mr Justice Swift in his judgment said:

“A device that does no more than enable blind voters to identify where on a ballot paper the cross can be marked, without being able to distinguish one candidate from another, does not in any realistic sense enable that person to vote. Enabling a blind voter to mark ballot papers without being able to know which candidate she is voting for, is a parody of the electoral process established under the Rules.”


The RNIB subsequently agreed with the Cabinet Office that blind and partially sighted voters would be given an audio player alongside the TVD, which was trialled in Norfolk in the May 2021 elections, with a 91% satisfaction rate. Whether this or another solution is adopted, it is essential that there is a minimum standard of equipment uniformly available in every polling station to ensure that blind and partially sighted people can exercise their vote in secret.

The current wording in the Act is:

“The returning officer shall also provide … a device of such description as may be prescribed.”


This Bill changes the wording by replacing that paragraph with

“such equipment as it is reasonable to provide”.

Reasonable for whom—the particular returning officer, depending upon the resources allocated to him, or the blind voter?

Currently, a companion has to be a close member of the blind voter’s family. That is removed in this Bill and replaced with anyone over 18 years. The dangers of that are obvious and I ask the Minister to explain the change. How could the voter be sure that her companion was giving her an accurate description of the ballot paper? What happened to the results of the audio pilot?

Elections Bill

Lord Thomas of Gresford Excerpts

Lords Hansard - Part 1 & Committee stage
Tuesday 15th March 2022 Lords Chamber

[Lord Kerslake (CB)]

My Lords, I would like to lend my support for the amendments in this group. Interestingly, the Bill says that its purpose is

“to strengthen the integrity of the electoral process”

but not its inclusivity. That is a gap that pervades the whole Bill, and we will return to it in subsequent debates.

In this specific instance, there is a significant gap indeed—you have only to read the RNIB briefing to see the extent of it. It identifies the scale of the challenge, with 250 people starting to lose their sight every day, and its serious concerns that the Elections Bill weakens protections for blind and partially sighted voters at polling stations. It seems to me surprising, if not unconscionable, that we will be approving legislation that the RNIB believes weakens protections.

It is doubly concerning given that, as the noble Baroness, Lady Lister, has said, there are plenty of opportunities to improve access through technology. There are pilots that have proven to be successful.

I find it difficult to understand why the Government would resist these amendments, which seek to keep the innovation within the system but maintain the protections. That ought, after all, to be what we seek to do here. If the outcome of this legislation is that those who are blind or partially sighted feel that their opportunities to vote independently and in secret are diminished, and that their protections are diminished, something has gone very badly wrong in our consideration of legislation.

[Lord Thomas of Gresford (LD)]

My Lords, Article 29 of the United Nations Convention on the Rights of Persons with Disabilities mandates all countries to

“guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others … ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand”.

It further emphasises

“the right of persons with disabilities to vote by secret ballot in elections and public referendums without intimidation … facilitating the use of assistive and new technologies where appropriate.”

In November 2018, the European Blind Union published its Report on the Accessibility of Elections for Blind and Partially Sighted Voters in Europe, in which it reviewed the provisions of facilities. It looked at the methods of voting in 45 countries in Europe and emphasised the core values of equality, independence and secrecy of the vote, which speakers have already referred to. The report found that

“paper-based voting in itself is not accessible to most BPS voters. A blind voter is not able to identify different elements on the ballot and independently mark the preferred option or options on the ballot.”

As for partially sighted voters,

“adequate font sizes and contrast values on the ballot as well as magnifying glasses in the voting booth and good lighting conditions”

can help.

Last year, with my limited vision, I could not read anything printed. I could just about read backlit text on a laptop or iPad, but only in reverse-contrast and with the aid of a magnifying glass. In any event, I could not read election literature—not that I really needed or even wanted to do so. I could have voted, I suppose, with the aid of my wife, the noble Baroness, Lady Walmsley, but could I trust her to put my cross against the Liberal Democrat candidate?

[A noble Lord]

She is not in her place.

[Lord Thomas of Gresford (LD)]

Thank God. The EBU report is an exhaustive study of the methods used in European countries. In Russia, you can have an assistant to vote in a polling booth; they cannot be a candidate or a member of a political party, surprisingly enough—perhaps the man with the Kalashnikov on the door will suffice. The local election commissions in Russia submit information on the number of BPS voters in the territory and, depending on need, stencils—TVDs—are produced and distributed to some polling stations. It is not difficult, though, if there is only one hole into which you can place your cross.

Elections Bill

Lord Thomas of Gresford Excerpts

Lords Hansard - Part 2 & Committee stage
Wednesday 23rd March 2022 Lords Chamber

Moved by

[Lord Thomas of Gresford]

139: After Clause 11, insert the following new Clause—
“Voting by convicted persons sentenced to terms of 12 months or less
In section 3(1A) (exceptions to the disenfranchisement of prisoners) of the Representation of the People Act 1983, after “Scotland” insert “or a parliamentary election”.”Member’s explanatory statement
This new Clause would allow prisoners serving a sentence of 12 months or less to vote in UK parliamentary elections.

[Lord Thomas of Gresford (LD)]

My Lords, perhaps I may be forgiven for my second intrusion into the Committee by all those who are toiling so hard on it day after day.

It may be a bit trite, but in a democracy, all citizens are presumed to have the right to vote. That is the way by which they have a say in making the laws that govern them: demokratia. The Joint Committee of both Houses appointed to consider the draft voting eligibility (prisoners) Bill in 2013 concluded that the vote is a right, not a privilege. It does not have to be earned, and its removal without good reason undermines democratic legitimacy.

In the Criminal Justice Act 2003, the purposes of sentencing are said to be

“the punishment of offenders … the reduction of crime … the reform and rehabilitation of offenders … the protection of the public, and … the making of reparation by offenders to persons affected by their offences.”

Where does the disfranchisement of a prisoner come within those aims? It obviously has nothing to do with the reduction of crime, the protection of the public or the making of reparations. If it is regarded as an act of retribution, part of the punishment of offenders, it is doubtful that the prisoner thinks it significant in any way, compared with his loss of liberty.

This does not concern itself with proportionality: a prisoner loses the vote by the act of imprisonment, not by the nature of his crime. A person imprisoned for dangerous driving is in exactly the same position as a person serving a life sentence for rape or murder. Of course, unconvicted prisoners, convicted prisoners awaiting sentence and people imprisoned for either contempt of court or debt, remain eligible to vote.

--- Later in debate ---

[The Minister of State, Cabinet Office (Lord True) (Con)]

My Lords, I am grateful to all those who have spoken. Amendment 139, as has been said, seeks to extend the franchise for parliamentary elections to prisoners serving a term of 12 months or less. This Government believe, in common with the party opposite, that when a citizen commits a crime that is sufficiently serious to detain them in prison, they have broken their contract with society. In addition, the Government have made their position clear. We said openly in our manifesto:

“We will maintain the ban on prisoners voting from jail.”


Prison means the loss of a number of rights and freedoms, not least the right to liberty and freedom of association. The Government believe that the loss of voting rights while in prison is a proportionate curtailment of such civic rights. As such, we cannot support this amendment.

[Lord Thomas of Gresford (LD)]

I thank those who have supported me in this amendment. I am particularly grateful to those on the Labour Benches, and the noble Baroness, Lady Bennett, who have spoken in favour.

I just wonder about the Labour Party. In Cardiff, it moved to bring about voting for prisoners, seeing it as an important part of its remit from the people of Wales. Here, however, it is dismissed in a sentence: “We haven’t changed”. The Labour Party is a little bit split. I am not sure what it said in Scotland; I will have to look that up after this and investigate.

This is the way the world is going. You can stand in the way if you like, but ultimately the vote will be given to prisoners, just as it is in most democracies around the world. For the moment, I beg leave to withdraw the amendment.

Amendment 139 withdrawn.

Elections Bill

Lord Thomas of Gresford Excerpts

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

[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.

[Baroness Lister of Burtersett (Lab)]

My Lords, I too very much support and welcome these amendments. I am very pleased that there have been discussions which have led to an agreement. However, I have been approached by the RNIB, which welcomes the amendments but has some concerns. I want to raise a couple of them now.

One concern was partially addressed by the noble Lord, Lord Holmes of Richmond, when he talked about the postcode lottery. He argued that there is a minimum standard contained in the amendments, but the RNIB’s view is that there still is not a minimum standard of provision specified in the Bill. It would like to see that being more explicit. I would be grateful if, when responding, the Minister could explain how he sees the question of a minimum standard and whether the Government might be minded to tighten it up a bit.

One of the other points the RNIB makes—we discussed this in Committee—is that it is very keen that trials of potential accessible voting solutions continue. Therefore, I would be very grateful if the Minister could commit to driving innovation through government-run trials in the future.