Elections Bill — House of Lords, 2022-04-06
Topic: Civil Rights
Nicholas True (Conservative, Centre-right): My Lords, I thank all noble Lords who have spoken for their general welcome and support for the amendments tabled by my noble friend Lord Holmes. I can tell the House that the Government are very pleased to be able to accept these amendments. I pay tribute to my noble friend and to the noble Lord, Lord Blunkett, for their hard endeavours in helping us to improve accessibility measures in the Bill. It has been quite a pleasant operation for me to return to my old office, which I used to share with my noble friend Lord Holmes, and see a couple of my pictures still hanging on the wall—I had forgotten about those. I thank those who have spoken and am grateful for the kind words said by many, including the noble Lord, Lord Thomas of Gresford. There was one slightly discordant note from the Green group, but a great effort has been put into working together to find a solution that works for all parties We have been clear from the outset that the Government’s intention with these changes is to improve the accessibility of elections. My noble friend Lord Holmes and the noble Lord, Lord Blunkett, have understood our policy intentions and introduced welcome changes that complement and improve them. These amendments will introduce specific reference to supporting disabled voters to vote independently and secretly through the provision of assistive equipment by returning officers. While the existing drafting of the duty to support disabled voters would undoubtedly have facilitated the provision of suitable equipment for this purpose, this amendment will underline the importance of equipment to enable or make it easier for voters to vote independently and secretly, where that is practicable My noble friend specifically asked me—as, I gather, did the RNIB, which I took great pleasure in meeting in the course of these discussions—to clarify "enable" and "make it easier" in practice. His understanding is precisely right in terms of what the people who drafted this are seeking to achieve. The Government see it as fundamental that we recognise the variations in what people need in order to be able to vote, so that they may access the most appropriate support for each of them. The use of both the terms—"enable" and "make it easier"—reflects the fact that the duty relates to the provision of equipment for those who find it impossible to vote under rule 37 and for those who can do so but find it difficult due to their disability, as per the definition of "relevant person", which covers both. For those who would otherwise find it impossible to vote independently, appropriate equipment might enable them to do so, but for those who are able but find it difficult to vote due to their disabilities, we also want them to be supported by provision of equipment that would mitigate the difficulties, making it easier. As such, having "make it easier" in the clause does not result in an either/or situation or a dilution. If the amendment said only "enable", there would be no duty to assist those who find it difficult; if the amendment said only "make it easier", there would be no duty to assist those who simply find it impossible. The amendment is designed to ensure the widest possible assistance support, greater innovation and accessibility As my noble friend has said—this was something on which he was understandably insistent, and I hope it has pleased all those involved—his amendments will put on a strong statutory footing the role that the Electoral Commission will play in providing guidance about meeting this duty, which returning officers will have to have regard to. While these are things that we are confident both the commission and returning officers would have done as a matter of good practice, we welcome that these will be put on a strong and permanent statutory basis. That is why the Government have acceded to these proposals. As I said, I recently met the RNIB and heard its concerns—which were echoed by the noble Baroness, Lady Lister—including around the risk that guidance might not be as strong as statute and might represent the end of a conversation on accessibility that may not have disabled voters at its centre. I can say only that that conversation will continue; that is why the amendments will in fact require the Electoral Commission to consult with relevant organisations, such as the RNIB and other disability charities, in the production of the guidance and to report on the steps that returning officers have taken to assist disabled voters. This will promote accountability in the policy I will respond to the concerns that, without a minimum standard, there will be uncertainty about how individual returning officers decide what they deem to be reasonable. First, in requiring provision for what is reasonable, the clause imposes an objective standard rather than a subjective one. Secondly, the role and purpose of the Electoral Commission guidance will be to set out a clear framework, and therefore to promote consistency. Returning officers will have to have regard to this but the guidance will, of course, be more flexible than legislation—the point made by the noble Lord, Lord Thomas of Gresford—with a much more responsive capability for adding new equipment that has been developed and identified over time, without having to bring forward primary or secondary legislation each time The amendments make provision for a suite of duties that I hope will reassure those with concerns. I am confident that the changes represent a good move away from the limited, prescriptive approach towards more flexibility and innovation. We will look to the Electoral Commission to do its duty in consulting with organisations representing disabled voters, such as the RNIB, in producing its guidance I cannot specifically answer the noble Baroness’s point on funding, which, in a sense, is related to what will come out of the ongoing discussions, but I will communicate to her what I am able to on that I believe that this has been good work by your Lordships’ House, working in a consensual manner for a common purpose. I hope this will lead us towards a more accessible future for our elections. Again, I thank my noble friend Lord Holmes for tabling these amendments, and the noble Lord, Lord Blunkett. The Government support them and urge the House to do so as well.