Representation of the People (Proxy Vote Applications) (Coronavirus) (Amendment) Regulations 2022

Baroness Bennett of Manor Castle Excerpts

Tuesday 8th February 2022 Grand Committee

[Lord Hayward (Con)]

The noble Lord in his opening comments made reference to the previous SIs, which were debated in the Chamber on 4 March last year and which included a number of changes, as he indicated. One of them was in relation to the number of signatures that could be required for nominations for local elections: it was previously 10 and was reduced to two in the circumstances relating to coronavirus.

At the time the subject was debated, I indicated that I regretted that the change was time-limited to end in February 2022. Since then, consultations have taken place. I know that I speak in support of the views of the LGA and that this matter has been discussed informally at the Parliamentary Parties Panel in the presence of the Electoral Commission. There is therefore general all-party support—although I say this without having consulted the Green Party; I know that the noble Baroness, Lady Bennett, is due to speak in a moment so she may express a view. But there is a general all-party view that the one, time-limited exemption to the end of February 2022 should now be lifted and that there should be an ongoing exemption. That would fit in with the spirit of the SI to which we are referring today.

I failed to say at the start of my comments that I had given the Minister and his office notice that I was intending to cover this point. Given that we are nearing the local elections, I hope that the Minister will be able to indicate that something which has all-party support can be expedited, that the time limit should be removed and that we can go on using two signatures, which is more than is required now in Wales and Scotland.

[Baroness Bennett of Manor Castle (GP)]

My Lords, as is evident, the noble Lord, Lord Hayward, and I have not consulted in advance on this. I very much agree with his comments, and indeed I offer further cross-party support to this amendment. I also wanted to raise a question about why this is only for 12 months and to look at the practical situation that we are in now.

The Minister in introducing this SI focused rightly— I have absolutely no disagreement on the democracy side of this SI—on the obvious public health element here. You do not want people with a contagious illness, very keen to vote, trailing into the polling station, with all the obvious risks of spreading that disease further. If we look back over recent history—SARS, MERS, swine flu, the threat of bird flu—we are in a new age where contagious illness is becoming more of a threat and a problem. We also have a big problem with antibiotic resistance to a variety of diseases.

To preserve both democracy and public health, the department, parties and everyone should think about the fact that contagious illness is a threat to us all. I do not necessarily expect a sudden big announcement today, but I want to put that on the agenda. People want to do the right thing both for democracy and not to spread an illness. Obviously, illnesses come on quite quickly—it is not something that you can predict—so it would make sense to have a measure like this for all relevant illnesses, both for democracy and for public health.

[Baroness Hayman of Ullock (Lab)]

My Lords, as we heard from the Minister, this instrument extends the legislation which allows late proxy vote applications for those who are required to self-isolate. As the Minister and others have said, we fully supported the measures when they were first introduced and continue to support them, so I will be brief. At that time, we warned the Government that they may well need to extend the measures, which unfortunately they have now had to do.

Allowing for late urgent applications to vote by proxy when an individual is required to self-isolate, in response to other coronavirus-related medical advice or if things change for a proxy who goes through the same thing is, we believe, an important part of maintaining our democracy during these uncertain times. Unfortunately, the reality is that it looks like we will be dealing with the pandemic for some time to come as we learn to live with it. We believe that this instrument is a sensible adjustment to support democracy during this time.

The Explanatory Note states that the amendments to the regulations

“remove the ground for applying late where an applicant or their previously appointed long-term proxy has received notification that they are clinically extremely vulnerable or that they are at the highest risk of severe illness from coronavirus.”

I understand from the Minister’s introduction that this is to ensure that the regulations align with current medical guidance. However, just for clarification, can the Minister provide assurance that those individuals would still have access to a proxy in the way that they did, provided that that is in line with what their medical practitioner advises?