Elections Bill — House of Lords, 2022-02-23
Topic: Civil Rights
Donald Thomas (Liberal Democrats, Centre to centre-left): 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?