Absent Voting (Elections in Scotland and Wales) Bill

(Limited Text - Ministerial Extracts only)

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2nd reading
Friday 17th January 2025

(5 months, 1 week ago)

Commons Chamber
Absent Voting (Elections in Scotland and Wales) Bill 2024-26 Read Hansard Text Watch Debate

This text is a record of ministerial contributions to a debate held as part of the Absent Voting (Elections in Scotland and Wales) Bill 2024-26 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Rushanara Ali Portrait The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Rushanara Ali)
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I congratulate my hon. Friend the Member for Edinburgh North and Leith (Tracy Gilbert) on her Bill successfully reaching Second Reading. I thank election officials and express my gratitude for all the work they did at the general election and in other elections.

The Bill provides the legal framework for applications to vote by post or proxy in devolved elections in Scotland and Wales to be made online through the services already in place for UK parliamentary elections and local elections. It will also deliver changes to align application procedures for different types of elections, which will reduce the risk of confusion among electors about which arrangements they have in place for different elections, as has been said. By enabling access to those online services, the Bill will make the lives of thousands of electors easier and encourage participation in our democracy. In short, my hon. Friend’s Bill addresses a difference that, if not resolved, would see electors in Scotland and Wales having less choice than those in England when it comes to electoral services. The Government wholeheartedly support the aim of removing that divergence.

I am delighted that we have had such a great turnout of Members for the debate. I thank my hon. Friends the Members for Falkirk (Euan Stainbank), for Erewash (Adam Thompson), for Southport (Patrick Hurley), for Brentford and Isleworth (Ruth Cadbury), for Bathgate and Linlithgow (Kirsteen Sullivan), for Gower (Tonia Antoniazzi), for Bangor Aberconwy (Claire Hughes), for Glasgow North (Martin Rhodes), for Glasgow West (Patricia Ferguson) and for Rushcliffe (James Naish) for their contributions. I thank the Opposition spokesperson, the hon. Member for Hamble Valley (Paul Holmes), for his contribution. It is extremely beneficial and helpful that there is agreement on the need to do this, and I am grateful for that cross-party support. I will not have the opportunity to respond to all the points in the debate. If I do not cover them all in the short time I have, I will be happy to follow up in writing.

We are committed to supporting returning officers in ensuring access to participation, particularly of those with disabilities and older voters, as mentioned by my hon. Friends. We continue to work closely with organisations that support disabled individuals to participate in our democratic process. On the point made about the complexity of the electoral system, we will work closely across the sector to gather feedback, analysis and ideas.

A number of hon. Members raised the importance of increasing engagement in the political process and increasing participation, including the voting age and younger voters. Various factors can impact voter turnout levels at elections, as was highlighted in the Electoral Commission’s report last year in the general election. As set out in our manifesto, the Government are committed to strengthening our democracy and widening participation in our elections. We will ensure that every legitimate voter has the opportunity to vote and is encouraged to exercise their right to vote, and we are making good progress on several areas to deliver those commitments.

Work is also under way on extending the franchise for all UK elections to 16 and 17-year-olds, and legislation for that will be introduced in due course, strengthening our democracy and empowering young people to participate in it. We firmly believe in building a strong foundation for democratic participation among young people, and we will work closely with stakeholders to ensure that it is implemented appropriately.

The Bill puts citizens’ needs at its heart and supports the use of technology in delivering services. Ensuring that people’s voices can be heard and encouraging participation are vital to our democracy. I know that colleagues in the Scottish and Welsh Governments share the same objectives. I am therefore delighted that they have chosen to take advantage of this innovation in their elections. My hon. Friend the Member for Edinburgh North and Leith articulated the benefits to electors of bringing Scottish and Welsh elections into the scope of the digital service, and I do not intend to repeat them. Instead, it may be helpful to provide some context by giving Members a brief overview of the history of the online absent vote applications services and outline how this Government will support the implementation of the legislation.

Before the launch of the digital service, any electors who wished to vote by post or proxy would have to request a form by post—as has been pointed out—or print out a form, complete it and return it to their local electoral registration office. That could be a cumbersome and difficult process, and some electors may have had to rely on others to help them with it. The online postal vote and proxy vote allocation services, launched on 31 October 2023, resulted from a thorough design and testing process involving 3,000 citizens across the UK. They have been used to great effect by more than 2 million citizens, both at the local elections in May 2024 and at the most recent general election.

The Bill provides the legal framework for applications for devolved elections in Scotland and Wales to be received through the UK online service, along with some changes to align application procedures, which my hon. Friend has described. Making that legal framework a reality will require further regulations to be designed and delivered by the Scottish and Welsh Governments, with whom the responsibility for devolved polls lies. The Government, having had the experience of delivering these changes for reserved elections, stand ready to provide any advice and support that may be required, and will work closely with the devolved Governments in facilitating the digital change. I assure the House that any changes required to the digital services will need to meet the same robust standards required of all gov.uk services.

Let me turn to some of the points that Members have made. We acknowledge that the Electoral Commission’s findings, set out in its report published last November, identified some problems with aspects of the system for voting by post. In a minority of cases, electors were unable to return their postal ballot packs in time for the 2024 general election, which was a particular problem for overseas electors. We are carefully considering the commission’s findings and recommendations, and we will respond to its report on the 2024 election in the coming weeks. However, it is important to note that the Electoral Commission also found that the majority of people who voted by post were satisfied with the method, and overall postal voter turnout remained high, at 80%. I am confident that the introduction of online absent vote applications for devolved polls would have benefits for administrators in Scotland and Wales rather than having any negative impact.

Discussions have been held with the Scottish and Welsh Governments about the costs associated with their joining the online absent vote application services. As the work involved in the extension of the service is being done at their request, it is appropriate for them to cover the costs of any further work that needs to be completed to achieve alignment. Both Governments have agreed to cover the costs of implementing the services for their devolved elections. Because much of the work involved in designing the services has already been completed, the costs associated with their adoption by Scotland and Wales are likely to be lower than the initial costs incurred before the launch in October 2023.

I hope that, given the time, I can respond in writing to the point made by the hon. Member for Hamble Valley (Paul Holmes). I thank my hon. Friend the Member for Edinburgh North and Leith for her brilliant work on the Bill. I look forward to taking this work forward with her in Committee, and I hope that she is pleased with the outcome today.

Absent Voting (Elections in Scotland and Wales) Bill

(Limited Text - Ministerial Extracts only)

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Committee stage
Wednesday 11th June 2025

(2 weeks, 2 days ago)

Public Bill Committees
Absent Voting (Elections in Scotland and Wales) Bill 2024-26 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 11 June 2025 - (11 Jun 2025)

This text is a record of ministerial contributions to a debate held as part of the Absent Voting (Elections in Scotland and Wales) Bill 2024-26 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Tracy Gilbert Portrait Tracy Gilbert
- Hansard - - - Excerpts

It is my pleasure to serve under your chairship, Mrs Hobhouse. I was very happy about the unanimous support the Bill received on Second Reading, and look forward to examining it in detail today.

The health of our democracy depends on ensuring that all electors are able to participate in the process to choose who represents them. While many people vote in person, there are those who face challenges that make that difficult or impossible, so absent voting arrangements—the option to vote via post or proxy—are vital. In October 2023, the online absent vote application service was introduced, allowing voters to apply online for postal or proxy voting arrangements for the first time. It offered a digital alternative alongside the traditional paper application process.

The online service is already available to electors in Great Britain for UK parliamentary elections, and for police and crime commissioner elections in England and Wales. In England, the service is also available for all local elections. However, voters in Scotland and Wales are currently at a disadvantage. At devolved elections—that is, elections to the Scottish Parliament, the Senedd Cymru and local councils—electors must still complete and submit paper forms to apply for postal or proxy votes. The Bill aims to address that disparity.

The benefits of the new online service were made evident during the 2024 general election. Government data shows that over 1.5 million people in Great Britain applied for a postal or proxy vote in the lead-up to the election, and between the announcement of the election on 22 May 2024 and the absent vote application deadline, 84% of postal vote applications and 93% of proxy vote applications were submitted online. The Bill’s purpose is to extend the same digital application options to voters in Scotland and Wales for devolved elections, thereby ensuring consistency across Great Britain. In particular, the Bill seeks to provide that consistency in time for the May 2026 devolved elections. To be clear, the Bill does not remove the paper application route; it simply gives voters an additional, more convenient option to apply online, should they choose.

Respect for devolution is central to the proposals in the Bill, which has been carefully drafted to ensure that the powers of the Scottish Parliament and Senedd Cymru are upheld. The proposals have been discussed with Ministers in both the Scottish and Welsh Governments, who have agreed to all elements of the Bill. By passing this legislation, we can remove unnecessary barriers and make it easier for voters in Scotland and Wales to participate in our democracy, by providing an online absent voting application option.

Clause 1 will enable regulations to be made that will allow electors in Scotland and Wales to make and submit applications online for absent voting arrangements for local elections through the UK digital service. Currently, electors in Scotland and Wales can make an application for an absent voting arrangement using the UK digital service only for reserved elections, such as a general election. The provisions in the clause will change UK Government legislation to allow Scottish and Welsh electors to make and submit applications online for devolved local elections as well.

To support the integration of the service, the clause enables regulations to be made to apply to devolved absent voting applications the same identity-check requirements as are used in reserved absent voting applications. A national insurance number check will be added to devolved absent voting applications, as is already the case for absent voting applications for reserved elections. The clause will also enable regulations to capture the signature required for postal and proxy vote applications digitally.

The addition of the identity check will make the requirements to apply for a postal or proxy vote the same for all types of election in Scotland and Wales. That will reduce the risk of electors becoming confused about what arrangements they have in place for different types of election, and will give them confidence in the ongoing security of the electoral system by ensuring that postal and proxy votes are applied for only by the voter whose name will be on the ballot. The clause also provides a route for any elector who is unable to provide a national insurance number to submit documentary evidence to confirm their identity.

Clause 1 also amends the time for which postal voting arrangements for local elections remain valid in Scotland and Wales. Currently, postal voting arrangements are potentially indefinite, with a signature refresh required every five years for local and devolved parliamentary elections in Scotland and Wales. The clause will set a maximum time of three years, to align the period with UK arrangements. That is important for electors, who might find it confusing and inconvenient to have different postal voting arrangement lengths for different types of election. A more frequent opportunity to review their voting method, combined with the ease of being able to apply online, supports the elector in ensuring that their arrangements remain the best option for them.

Amendments 1 and 2 are technical amendments that will enable Scottish and Welsh Government Ministers to make transitional provisions for proxy voting arrangements for devolved local government elections. As the Bill currently stands, the power to make transitional provisions for proxy voting arrangements sits with UK Government Ministers. The amendments transfer that power to devolved Government Ministers. The adjustment is proposed to maintain consistency with existing electoral legislation, in which it is standard for such powers to reside with devolved Government Ministers and to be scrutinised by devolved legislatures. Allowing transitional provisions for proxy arrangements to be made through Cardiff Bay and Holyrood will mean that provisions related to devolved local government elections will be made in the appropriate devolved Parliament.

In addition to ensuring consistency, the amendments will provide a practical benefit. As many hon. Members noted on Second Reading, a key aim of the Bill is to deliver the changes in time for the May 2026 Senedd Cymru and Scottish Parliament elections. There is a lot to do between now and then to achieve that aim, and this approach will be helpful and appropriate to maximise the chances of delivering the changes in time for those elections.

The Bill allows the devolved Governments to move swiftly to implement the changes needed to enable online absent voting applications, and the amendments provide for them to make transitional proxy voting arrangements through their own Parliaments. To achieve the desired effect, the amendments will amend proposed new paragraph 5ZB(1) of schedule 2 to the Representation of the People Act 1983, so that the devolved Governments may provide for the expiry of some or all devolved election proxy voting appointments as part of transitional arrangements.

Clause 2 will enable regulations to be made to allow electors in Scotland to make and submit applications online for absent voting arrangements for Scottish parliamentary elections through the UK digital service. It includes provisions to amend the Scotland Act 1998 for the same purpose of supporting the online journey described in clause 1, but with regard to Scottish parliamentary elections rather than local elections. As the UK digital service is reserved to the UK Government, the provisions also ensure that Scottish Ministers may not make regulations under the clause without the agreement of a Minister of the Crown, where those provisions relate to the UK digital service.

Clause 3 will enable regulations to be made to allow electors in Wales to make and submit applications online for absent voting arrangements for Senedd Cymru elections through the UK digital service. Currently, electors in Wales can make an application for an absent voting arrangement using the UK digital service only for reserved elections, such as UK Parliament or police and crime commissioner elections.

Clause 3 includes provisions that amend the Government of Wales Act 2006 for the same purpose as described in clause 1, but with regard to the Senedd Cymru elections rather than local elections. As outlined previously, as the UK digital service is reserved to the UK Government, the provisions ensure that Welsh Ministers may not make regulations under the clause without the agreement of a Minister of the Crown, where those provisions relate to the UK digital service.

Clause 4 will provide for commencement and insert a power to make transitional or saving provision. The transitional power allows provision to be made to align the expiry dates of a person’s postal voting arrangements where they already hold a postal vote for both a UK parliamentary and a devolved election.

The clause also provides for the ending of existing postal and proxy voting entitlements for devolved elections. In some limited cases, it may be necessary to end existing postal and proxy voting arrangements for devolved elections to enable the implementation of the three-year maximum period for postal voting arrangements, to resolve operational difficulties arising from unaligned absent voting arrangements held by the same elector, and potentially to ensure that absent voting arrangements are held by electors whose identity has been properly verified.

Amendments 3 and 4 are technical amendments that are consequential on amendment 1. Clause 5 provides the Bill’s short title and explains the territorial extent of the various clauses. The Bill extends to England and Wales, Scotland, and Northern Ireland. I look forward to Members’ contributions to the discussion on this important Bill, and I commend the provisions to the Committee.

Rushanara Ali Portrait The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Rushanara Ali)
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It is a pleasure to serve under your chairmanship, Mrs Hobhouse. I thank my hon. Friend the Member for Edinburgh North and Leith for her continued hard work on the Bill, and for her clear explanation of its clauses—huge congratulations to her for all her work.

On 17 January, I indicated the Government’s support for the Bill, and that support is unchanged. Without the Bill, electors in Scotland and Wales have less flexibility than those in England in arranging the way they wish to vote. That is an unacceptable difference that must be addressed. The Government were elected on a manifesto commitment to improve voter registration, and the Bill is clearly attuned to that goal.

As hon. Members have heard, the Bill will allow the online postal vote and proxy vote application services—launched for reserved elections on 31 October 2023 and used in the most recent general election by over 2 million citizens—to be extended to cover all types of election in Scotland and Wales. I am grateful for the support of the Scottish and Welsh Governments for the Bill and for delivering this change. I look forward to seeing the Bill become law and deliver the benefits for electors in Scotland and Wales that my hon. Friend set out clearly.

The Government firmly support the addition to the Bill of the technical amendments that my hon. Friend has tabled. My officials have worked closely with her, as well as with the Scottish and Welsh Governments, to develop the amendments and ensure that the Bill provides the devolved Governments with the transitional powers they require. The amendments will allow the UK Government to work closely with the Scottish and Welsh Governments to implement the Bill.

Importantly, the Senedd Cymru and Scottish parliamentary elections are less than a year away, so there is a need to ensure that the Bill is implemented effectively and at pace. It is also important that the Scottish and Welsh Governments have an active role in making the relevant election regulations, and have the necessary powers to ensure a smooth transition for all voters with existing proxy voting arrangements. Having considered those points, and those presented by my hon. Friend, I hope the Committee will support the amendments.

As hon. Members have heard, as things stand any voter in Scotland or Wales who wishes to vote by post or proxy in a Scottish parliamentary, Senedd or local election has to ask for a form to be sent in the post, or print one out, then fill it in and send it to back their local electoral registration office. Some people will prefer to apply using a paper form, and that option will remain, but for a paper form to be the only way to arrange an absent vote is not right for a modern democracy in 2025.

I am very happy to support the Bill, which will allow our electoral system to take full advantage of the benefits of digital online services. Once it passes, implementing regulations will be required to be made by the Scottish and Welsh Governments, with whom the responsibility for devolved polls resides. My officials are working closely with their colleagues in the devolved Governments to help them to prepare those regulations, and to prepare the digital services to be updated once the regulations are in place.

I thank my hon. Friend the Member for Edinburgh North and Leith for her superb work on making these important changes. I look forward to working with her to progress the Bill through its remaining stages in the Commons and beyond.

Tracy Gilbert Portrait Tracy Gilbert
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I thank you, Mrs Hobhouse, and all Committee members, for your time today. I also thank all the officials who drafted the Bill and have supported me through the process thus far—I greatly appreciate it. If the Bill passes, it will help tens of thousands of voters in Scotland and Wales to exercise their democratic right. Once again, I commend its clauses, and the minor amendments to them, to the Committee.

Amendment 1 agreed to.

Amendment made: 2, in clause 1, page 2, line 15, at end insert—

“‘devolved election proxy appointment’ means the appointment of a person as a proxy to vote for another person at local government elections in Wales or Scotland, where the appointment was made before a date specified in the regulations on an application under paragraph 6(7) of Schedule 4 to the Representation of the People Act 2000;”.—(Tracy Gilbert.)

This amendment is consequential on Amendment 1.

Clause 1, as amended, ordered to stand part of the Bill.

Clauses 2 and 3 ordered to stand part of the Bill.

Clause 4

Commencement and transitional provision

Amendments made: 3, in clause 4, page 6, line 8, leave out from “entitlements” to the end of line 9.

This amendment is consequential on Amendment 1.

Amendment 4, in clause 4, page 6, leave out lines 22 to 26.—(Tracy Gilbert.)

This amendment is consequential on Amendment 1.

Clause 4, as amended, ordered to stand part of the Bill.

Clause 5 ordered to stand part of the Bill.

Bill, as amended, to be reported.