The Standards, Procedures and Public Appointments (SPPA) Committee is due to hold a debate in the Chamber on 20 December 2023. The Committee is proposing rule changes to the Standing Orders (i.e., the rules of procedure of the Scottish Parliament) that would make permanent provisions for proxy voting in the Parliament.
SPICe published a blog on the proposed pilot scheme in December 2022. This blog provides an update on some of the developments related to the pilot scheme since then. It considers the background to the introduction of a proxy voting pilot, the operation of the pilot, and the SPPA Committee’s recent evaluation.
What is proxy voting?
A proxy vote is a vote cast on the behalf of one person (often referred to as a principal) by another individual (known as a proxy). Legislatures often permit the use of proxy voting by elected representatives to ensure that they can exercise their vote during periods of parental leave, injury, or illness.
Why are legislatures interested in proxy voting schemes?
There has been interest in the use of proxy voting within UK legislatures for several years. Although this interest predates COVID-19, the need to continue parliamentary business during periods of public health restrictions accelerated the adoption and extension of proxy voting in UK legislatures. The House of Commons, Senedd Cymru, and Northern Ireland Assembly all had provisions for proxy voting during the COVID-19 pandemic.
Since then, the House of Commons, Senedd Cymru, and Northern Ireland Assembly have each continued to make provision for proxy voting under certain circumstances. As it stands, the House of Commons has permanent proxy voting provisions for parental leave and is trialling provisions for long-term illness and injury. The Northern Ireland Assembly has provisions for proxy voting if a member is on the grounds of the Assembly but unable to pass through a division lobby due to being “disabled by infirmity”. The Senedd Cymru permits proxy voting on a permanent basis for parental leave, long-term illness or injury, caring responsibilities, and bereavement.
Why did the Scottish Parliament propose introducing a temporary proxy voting scheme?
Although the Scottish Parliament did not make provisions for proxy voting as part of its business continuity measures during COVID-19, it was proposed as an option in the SPPA Committee inquiry on future Parliamentary procedures and practices. The inquiry considered the Parliament’s procedures and practices in relation to ensuring the resilience of Parliamentary business and improving the inclusivity of the Parliament.
The report from the inquiry, published on 28 June 2022, indicated that the SPPA Committee recognised the importance of providing alternative voting methods for MSPs unable to attend the Parliament for reasons such as parental leave and illness. The SPPA Committee proposed a 12-month trial of proxy voting in the Parliament before considering permanent rule changes.
The SPPA Committee subsequently published a report on a pilot proxy voting scheme with proposals for a temporary rule change to the Standing Orders of the Scottish Parliament. On 6 December 2022 the Parliament agreed Temporary Rule 5 to allow for a pilot of proxy voting.
How does the temporary proxy voting scheme work?
The temporary proxy voting scheme has been in effect since 4 January 2023 and is due to cease to have effect on 31 December 2023. The scheme allows a member to arrange for their vote to be cast by another member acting as a proxy in any vote of a meeting of the Parliament or a Committee of the Whole Parliament. A Member may designate a proxy in any of the following circumstances:
- illness
- parental leave
- bereavement
- attending to someone at the end of life.
The scheme may be varied by the Presiding Officer at any time, in consultation with the Parliamentary Bureau and the SPPA Committee. This has happened once during the operation of the pilot scheme. The scheme was, with effect from 20 February 2023, varied to add attendance to a person at the end of life as a circumstance under which a Member may designate a proxy. Designations of a proxy are made to the office of the Presiding Officer and the use of a proxy is recorded in the minutes of a meeting of the Scottish Parliament.
How is the temporary proxy voting pilot operating?
The SPPA Committee conducted an evaluation of the temporary scheme and published its report on proposed Standing Order rule changes on 7 December 2023. The report indicated that five MSPs had made permissible requests for a proxy vote during the operation of the temporary scheme. The report also indicated that most respondents to the Committee’s call for views were supportive of the temporary provisions. The Parliamentary Bureau and the Presiding Officer also indicated their support for the scheme to the Committee.
The SPPA Committee published proposed rule changes to give effect to the provision of a permanent proxy voting system, and stated in its report:
We believe that proxy voting should be recognised as an important component of ensuring a Parliament is inclusive and accessible.
Are there any differences between the pilot and the proposed permanent scheme?
The SPPA Committee proposals are very similar to the provisions of the temporary scheme. The SPPA Committee states:
When considering the detail of proxy voting we wish the permanent system to broadly mirror the current temporary arrangements, namely that the Standing Orders sets out the principle that a Member may arrange for their vote to be cast as a proxy, but the details of how such a vote may be exercised, are set out in a separate scheme administered by the Presiding Officer.
MSPs, under the proposed rule changes, would be able to vote by proxy in a meeting of the Parliament or a meeting of the whole Parliament, but not in secret ballots (e.g., ballots for the election of the Presiding Officer). The eligibility criteria are also similar under the proposed rule changes. MSPs would be eligible to vote by proxy for any of the following reasons:
- maternity leave, paternity leave, parental leave, adoption leave, or shared parental leave
- complications arising from pregnancy
- serious long-term illness or injury
- bereavement, or
- attending to a person who is near the end of their life.
Each of these reasons are also accommodated by the provisions of the temporary scheme. However, the temporary provisions set out eligibility criteria in the scheme issued by the Presiding Officer, not the Standing Orders of the Scottish Parliament. This was intended to allow for some flexibility as the Parliament assessed the suitability of the proxy voting provisions. The SPPA Committee indicated in its report that setting eligibility criteria out in Standing Orders “will give the criteria a more permanent status”.
The SPPA Committee also notes in its report that there were some expressions of interest for extending the criteria and therefore the Committee intends to review the eligibility criteria at a future date to ensure that they remain fit for purpose.
What’s next?
The SPPA Committee is due to hold a committee debate in the Parliament on 20 December 2023. The motion for the debate, as lodged, states:
That the Parliament notes the Standards, Procedures and Public Appointments Committee’s 12th Report, 2023 (Session 6), Standing Order Rule changes – Proxy Voting (SP Paper 489), and agrees that the rule changes to Standing Orders set out in the annexe of the report be made with effect from 22 December 2023.
The Parliament will be able to debate the motion and vote on the proposed Standing Order rule changes. If the Parliament agrees to the rule changes, then Members will be able to arrange their vote to be cast by a proxy if they meet the eligibility criteria in Standing Orders. The detail of how MSPs will be able to request a proxy vote from the Presiding Officer and subsequently exercise a proxy vote is expected to be set out in a separate scheme issued by the Presiding Officer.
Courtney Aitken, SPICe Research