Absent Voting (Elections in Scotland and Wales) Bill

Tracy Gilbert Excerpts

Friday 4th July 2025 Commons Chamber

[Madam Deputy Speaker (Judith Cummins)]

Before we begin, I remind Members of the differences between Report and Third Reading. The scope of the Report stage debate is only amendment 1 in the name of the Member in charge. The scope of the Third Reading debate to follow will be the whole Bill as it stands after Report. Members may wish to consider those points and then decide at which stage or stages they want to try to catch my eye.

Clause 2

Elections to the Scottish Parliament

[Tracy Gilbert (Edinburgh North and Leith) (Lab)]

I beg to move amendment 1, in clause 2, page 4, line 37, at end insert—

“(3A) In section 114 (subordinate legislation: particular provisions), in subsection (1), after ‘sections’ insert ‘12B,’”.

This enables regulations made under new section 12B of the Scotland Act 1998 (as inserted by clause 2) to be exercised by modifying provision made by or under that Act.

I am pleased to be in the Chamber today. I thank all Members who have taken part in the passage of the Bill so far. It addresses an issue that needs to be resolved at pace to ensure that electors in Scotland and Wales can benefit in time for their devolved parliamentary elections next May. I am grateful to the House for the unanimous support I have received.

I hope to complete the Commons passage of this important Bill today, but before that is possible, a minor and technical amendment must be made. Amendment 1 to clause 2 amends the power in proposed new section 12B of the Scotland Act 1998 to expressly indicate that the power can be used to amend secondary legislation made under the Act. The amendment came at the request of the Scottish Government to correct an oversight concerning how their devolved legislation operates and how the Bill will be implemented.

[John Grady (Glasgow East) (Lab)]

Does my hon. Friend agree that the UK Government’s focus, under the Secretary of State for Scotland, on working closely with the Scottish Government—where possible, to be pragmatic—is important? It has secured an amendment to the Bill that will be of benefit to the voters in Baillieston in my constituency, who go to the polling stations at Broomhouse Hall and in the wonderful primary schools of Garrowhill, Swinton, Caledonia and St Bridget’s.

[Tracy Gilbert]

Yes, I agree. There has been support from the Scottish Government and we have been working in co-operation. How the Bill will be implemented by the Scottish Government is a core part of the amendment.

Without the amendment, the Bill could still deliver on its purpose. However, the Scottish Government would have to repeal and restate the entire Scottish Parliament (Elections etc.) Order 2015 with renewed provisions. The amendment seeks to remedy that oversight and ensure that the Scottish Government are able to implement the Bill in their own devolved legislation, so that Scottish electors may benefit in time for the May 2026 Scottish Parliament elections.

It is unfortunate to need to make a technical amendment this late in the process of parliamentary scrutiny, particularly given that the error could have been identified some time ago, but I am glad to be able to assist the Scottish Government with this matter. I commend the amendment to the House.

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Rushanara Ali)]

I congratulate my hon. Friend the Member for Edinburgh North and Leith (Tracy Gilbert) on all her work. She has shown admirable commitment during the passage of the Bill so far, and her commitment to delivering it for the benefit of voters in Scotland is evident. I also take the opportunity to reaffirm that the Bill has the full support of the Government. I am grateful to have seen support from across the House for the changes that it will make possible.

Amendment 1 is further evidence of the diligence that my hon. Friend has shown towards the Bill. I am particularly grateful to her for accommodating the Scottish Government’s request for the amendment at this late stage. She has clearly explained that it is a minor and technical amendment that will simplify the implementation process for the Scottish Government. The change in clause 2 makes it explicit that the new section 12B power introduced by the Bill can amend secondary legislation made under the Scotland Act.

The amendment has been considered by my officials, who are content that it does not present any kind of novel approach to legislation or set any precedent. It is simply a sensible change that will avoid unnecessary restatement and then reconsideration of existing legislation by the Scottish Parliament, thereby increasing the chances of the important changes that the Bill will make possible being delivered in time for the May 2026 Scottish Parliament and Senedd Cymru elections. I am pleased that the issue has been identified at this stage, and confirm that the Government support the amendment.

Amendment 1 agreed to.

Third Reading

[Tracy Gilbert]

I beg to move, That the Bill be now read the Third time.

With your leave, Madam Deputy Speaker, I want to thank hon. Members across the House for their contributions during the various stages of the Bill’s passage. I also thank the civil servants in the registration and franchise policy team and the Public Bill Office in Parliament for providing me with so much support with the Bill—I can confirm that I have received quite an education in the legislative process. I pay particular tribute to my hon. Friend the Minister for her steadfast support throughout the passage of this Bill.

The introduction of the online absent voting application service has given electors in England, Scotland and Wales the option to apply online for a postal or proxy vote in UK general elections. Electors in England are also given the option to use the online service to apply for a postal or proxy vote for all other types of election that they can participate in; unfortunately, the same cannot be said for voters in Scotland and Wales. As it stands, voters in Scotland and Wales face a fragmented system in which they may apply online for a postal or proxy vote for a UK general election but still rely on filling out paper forms for their local council or devolved Parliament elections. The Bill enables that inconsistency to be ended.

In short, the Bill will allow for the extension of the same online application options to voters in Scotland and Wales for devolved elections. The goal is to have the measures in place ahead of the devolved elections scheduled for May 2026. I have emphasised this before, but I again stress the importance of devolution. The responsibility for local elections and elections to the Scottish Parliament and Senedd Cymru is rightfully devolved to the respective nations. The Bill has been drafted to ensure that devolution is respected, with the proposals having been discussed with Ministers from both the Scottish and Welsh Governments. Alongside support from those Governments, the Bill has enjoyed cross-party support throughout its passage.

[John Grady]

My hon. Friend—who recently had her birthday—is quite right to emphasise the importance of good working between the Scottish Government and the Westminster Government to ensure that the voting rules are harmonised. Will she outline how that benefits voters at Eastbank primary school and Eastbank academy in Shettleston in my wonderful seat?

[Tracy Gilbert]

I would imagine it means they will get an extra day off school for the elections, which most kids enjoy.

The Bill enhances democracy. Last year, when the general election was called, it was quite tricky for Scottish voters because there was a tight time window; the Bill will allow people to apply more easily for access to a ballot if they are going to be away on holiday. It has also been welcomed by the electoral sector, which recognises the benefits of expanding a streamlined and secure system. This is testament to what can be achieved when we work collaboratively across Governments and parties in the interests of democratic participation, as my hon. Friend the Member for Glasgow East (John Grady) mentioned. I hope the Bill will proceed through this House and swiftly move to the other place, and I urge Members to support its passage today.

--- Later in debate ---

[Tracy Gilbert]

With the leave of the House, I thank you, Madam Deputy Speaker, and I thank Members from across the House for their contributions and support today. In particular, I thank the hon. Member for Hamble Valley (Paul Holmes) for his very kind remarks; it shows how we can work across the House with kindness and mutual support, which I am very grateful for. I thank my team for the work they have done to support me during this first year and for helping me to bring this Bill forward, along with officials from Government Departments. Without their support, I would not have been able to bring the Bill to the House. I look forward to the continued support of hon. Members for the Bill as it passes through its stages.

It is apt to be speaking today, when a year ago today we were all awaiting our fate to see whether we would be making the journey to this place. I put on the record my thanks to my constituents in Edinburgh North and Leith for enabling me to secure my place in this House, thereby enabling me to take forward this piece of legislation. It will enhance democracy and encourage participation for all our constituents across the whole of the UK. I look forward to the Bill receiving support to enable it to pass to the other place.

Question put and agreed to.

Bill accordingly read the Third time and passed.