Absent Voting (Elections in Scotland and Wales) Bill

Second Reading

Moved by

That the Bill be now read a second time.

My Lords, in England, if you vote at any election, whether it is for Parliament, a local authority, a mayor or a police commissioner, you can apply for a postal or proxy vote online. In Wales and Scotland, you can vote having applied online only for parliamentary or, in Wales, for police commissioner, elections; there is no facility for applying online for a postal vote or a proxy vote for elections to the Scottish Parliament or the Welsh Senedd or to local authorities in Scotland and Wales. What happened was that, when the Elections Act 2022 was going through its stages in both Houses, neither the Welsh Senedd nor the Scottish Parliament gave legislative approval for that Bill, for various reasons that your Lordships will probably recall. The consequence was that the ability of Welsh and Scottish electors to apply online for postal votes was not passed. This Bill will ensure that that anomaly is overcome—and it is absolutely vital, because it is very important that people in this digital age can apply for votes online.

Bizarrely, some 10 or so years ago, the then Prime Minister decided to make me the Minister for Digital Inclusion. It was a particularly odd appointment, alongside my being Welsh Secretary. But it was very interesting, and I discovered and learned a lot—how in those days 17 million people were not online. In this digital age, being able to apply online for a postal or proxy vote has become infinitely more important, to such an extent that in the last general election, of 2024, 84% of those who applied for postal votes in Great Britain did so online, as did 93% of those who applied for proxy votes.

The provision for online voting is made by the United Kingdom digital service, run by the United Kingdom Government, which is why we are debating this issue here in this Chamber and why it is not being debated initially in the Chambers of the Welsh Senedd or Scottish Parliament.

The Bill is supported by all the parties, and it is obviously supported by the United Kingdom Government. It has the backing of the Electoral Commission and, most significantly, it is supported by the Welsh and Scottish Governments. The Bill was sponsored in the other place by my honourable friend Tracy Gilbert, the Member of Parliament for Edinburgh North and Leith. It passed its Third Reading on 4 July 2025.

The Bill has three main provisions. First, the Scottish and Welsh Governments can bring forward regulations to enable electors to apply for postal and proxy votes online, using the United Kingdom digital service, which is a reserved issue. Powers would be given to Scotland and Wales to make secondary legislation to include an identity verification recommendation, which would be the national insurance number—or, if that cannot be used, alternative evidence. It will align postal voting cycles; electors will have to reapply for postal or proxy votes every three years, with renewals for devolved elections matching the reserved elections.

My Lords, I first voted in favour of Sunday opening in Pembrokeshire many years ago. I could attempt the Welsh; I think I would probably get it correct, but I fear that there are others here who might be more precise on the pronunciation. I was then a parliamentary candidate in Carmarthen—my first effort to get elected to this Palace. I might describe myself as having come a distant extra.

I echo the comments of the noble Lord in introducing his Bill; I also hope it will reach the statute book and can be fully operational in time for the important elections next year. I echo the comments of Paul Holmes in the other place that it is

“a sensible and timely move to enhance voter access and uphold the integrity of our electoral system”.—[Official Report, Commons, 4/7/25; col. 595.]

That is a good summary of the Bill.

I will make only two comments on this legislation, one addressed to the Government and the other a broader comment on the process of Private Members’ Bills. The PACAC report HC 487 says in its opening summary:

“There is a clear consensus in our evidence around the necessity and benefits of simplification and consolidation of electoral law. We are concerned that the Government do not share this view and so have called on them to make their position clear”.

I think we will hear comments from all around the Chamber today advocating that electoral law is a mess at the moment and should be substantially consolidated as soon as possible. I welcome this legislation because it is a small step in that direction.

My other comment is addressed more to the authorities of this House and the Commons. Most Members are not aware that when Private Members’ Bills from this House complete the process here, they go to the bottom of the pile of the overall process in the Commons. When Private Members’ Bills come here from the other place, they go to the top of the pile. The authorities in this House try to make sure that Private Members’ Bills have completed their stages as much as possible so that, before we start receiving legislation from the other place, there is no interruption of our efforts, but it makes it virtually impossible for Private Members’ Bills from this House to become law. I am fortunate in that I was the last Member of this place to have got a piece of legislation—an electoral law change, the Ballot Secrecy Act—on to the statute book, but it is much more difficult from this House. I encourage all the authorities involved to look at this anomaly by which we are treated disadvantageously in relation to Private Members’ legislation.

My Lords, I too thank the noble Lord, Lord Murphy of Torfaen, and congratulate him on bringing this Bill so speedily before this House. Now that Wales has much better digital services and the young use digital means in preference to postal and other services, it is a timely measure. I wish to make two comments.

First, we ought to congratulate those in the other place, particularly Tracy Gilbert, on getting this Bill into such good shape. It shows that that House is capable of doing something that normally has to be done in this place. That is a lesson to be learned. The other place really does deserve congratulations.

Secondly, and a point which flows from that, we ought to show that we can do our bit to get legislation speedily through. We have to go through each part of the processes, because that is essential for its constitutional integrity, but it seems to me that if there is really very little to be done, this ought to be done quickly. The reason for that is that this needs to be law by the end of October. It is traditional to allow at least a month off for Christmas, which is realistic though maybe not desirable, and so if this is to be in effect in time for the Senedd elections in Wales and the parliamentary elections in Edinburgh, it must be passed. Can we as a House match what the other place has done?

I strongly welcome this opportunity to speak in support of the Bill introduced by my honourable friend Tracy Gilbert. As has been said, and I am sure we all agree, it is vital to ensure that all electors are able to participate in the process and choose those who represent them. While many people will continue to vote in person, there are those who face challenges that make this difficult or even impossible. Absent voting arrangements—the option to vote via post or proxy—are vital.

As has been said, currently, voters in UK Parliament elections can make use of the online absent vote application process, alongside the traditional paper application process. So too can voters in England and Wales, I think, to vote for police and crime commissioners, and it can be used in all local government elections in England. However, voters in Scotland and Wales do not have that option in devolved elections, which puts them at a disadvantage and can mean some voter confusion.

This Bill gives the Scottish and Welsh Governments powers to regulate to allow absent voting applications to be made online in devolved elections. This will cover both postal and proxy votes enabled through the use of the UK digital service. Given the proximity and profile of the forthcoming parliamentary elections in Scotland and Wales, this is an important Bill which provides the key means to address the confusion and inconsistencies that could potentially face voters in Scotland and Wales. My understanding is that, if the Bill is passed within the timeframe, it will give those involved in the delivery of elections, and those participating, enough time to manage such processes.

I take the opportunity to pay tribute to Tracy Gilbert MP, whose work I know well. She is thorough, extremely competent and assiduous, which is clearly evident in her handling of this legislation. She has consulted widely and has the support of key electoral stakeholders, including the Electoral Reform Society. Furthermore, this Bill has cross-party support. I am pleased to note the respect for devolution that runs through this legislation and in the handling of it. I am particularly pleased to emphasise the positive co-operation and agreement between the UK and Scottish Governments. That has not always been the case, but it is happening now, and this enables us to be confident in the handling and content of the legislation.

My Lords, as introduced by the noble Lord, Lord Murphy, this Bill has a simple yet important aim: to make it easier for voters in Wales and Scotland to apply for postal and proxy voting. It achieves this by giving the Welsh and Scottish Governments the necessary powers to bring forward regulations for devolved elections. In my brief remarks today, I will focus on Wales.

The use of postal voting in Wales has continued to rise. At the 2021 Senedd election, over 458,000 postal votes were issued—an increase of 16% since 2016. This demonstrates a clear and growing demand for greater flexibility in how people vote. Yet significant challenges remain. In 2023, the Electoral Commission found that nearly 400,000 people in Wales were either incorrectly registered or missing entirely from the electoral register. This appears to be a consequence of an outdated system that disadvantages certain groups, particularly young people, private renters and those who have recently moved. This is especially concerning in Wales, where the franchise has rightly been extended to include 16 and 17 year-olds in Senedd and local elections. The ability to register online for absent voting could alleviate some of this, and that is why I support this Bill. However, I believe we should go further.

In May 2022, 16 and 17 year-olds were able to vote in local elections in Wales for the first time, yet around only one in five registered and turnout among the under-35s was the lowest of all age groups. I return to a point I have raised with the Minister before. As this Government plan to introduce votes at 16 in England too, why not introduce a national voter registration day to mark this important alignment across all parts of the UK? This could be targeted at young people, perhaps during registration class in schools and colleges. If registering to vote takes less than five minutes, why not take five minutes in school to do just that? Previously, the Minister kindly said he would look into this, so I would be grateful to hear if he has given it further thought.

My Lords, as someone who has spent the vast majority of their career helping to run election campaigns across the UK, I add my support to this common-sense technical legislation. It makes no sense that a voter in Scotland and Wales can apply online for a postal or proxy vote in a UK parliamentary general election but the same voter cannot do the same for local elections, when they could do so if they lived in England. This Bill will resolve that. Bringing the identity check requirements in line with other elections at which online applications for absent voting can currently be made is also sensible. I note there is both cross-party support and Electoral Commission backing for these changes. I expect this legislation to pass without controversy and, as other noble Lords have said, I hope it passes quickly.

However, while all this is welcome, it is a very minor tweak. I take this opportunity briefly to spotlight a broader concern, as already highlighted by my noble friend Lord Hayward. There are currently 100 pieces of electoral legislation and likely thousands of pages of guidance to try to explain it. The Law Commission has described the current system as “complex”. Such complexity does not serve to increase or improve democratic engagement. Indeed, it leads to areas of uncertainty. This means that even the most professional political parties and well-trained professional agents may run the risk of falling foul of the law through no fault of their own. Our politics and the way we campaign are now changing at pace. The House of Commons Public Administration and Constitutional Affairs Committee, the Committee on Standards in Public Life and the Electoral Commission have all raised similar concerns. The Minister will be pleased to know that I do not propose to set out my views today on how the law should be reshaped, but I believe it is long overdue a full overhaul to consolidate and simplify electoral law very soon.

My Lords, it is a great pleasure to follow my noble friend, and I agree entirely with the points that he has just made in support of my noble friend Lord Hayward on a consolidation of electoral law. It is long overdue. I declare my interest as a member of the Remuneration Board of the Welsh Senedd, which settles salaries and conditions of employment for Members of the Welsh Parliament and conditions for their staff.

We have today that rare event of a piece of legislation that everybody can support. I congratulate the noble Lord, Lord Murphy of Torfaen, on introducing it so lucidly and crisply. I have little to add, except that it is extremely important and I agree entirely with the noble and learned Lord, Lord Thomas of Cwmgiedd, that we should pass this legislation expeditiously so that it can be brought into force in both Scotland and Wales ahead of the Welsh and Scottish parliamentary elections—that is desirable. In Wales, the Senedd elections are epoch-making; they are very different, so we need to encourage people to vote in them. We have multi-Member constituencies coming forward, a list system, more Members and a lower voting age, as mentioned by the noble Baroness, Lady Smith of Llanfaes. I associate myself with what she said about encouragement to vote, and I hope the Minister will perhaps say a few words about that very important topic.

I once more congratulate the noble Lord, Lord Murphy of Torfaen, on bringing this legislation through to your Lordships’ House, and I look forward to it becoming law.

My Lords, the expertise of many Members of your Lordships’ House in electoral law matters has once again been demonstrated in this debate. From these Benches, we supported the provisions in the Elections Act 2022 to make it easy for people wishing to vote by post or proxy to apply to do so online. Similarly, we now support this Bill to allow the Scottish and Welsh Parliaments to extend the provision of online applications for absent voting to all elections in those countries.

Modernising the conduct of elections encourages participation. It can also cut costs, with the money saved invested elsewhere in our democratic processes. Fundamentally, we need as few barriers as possible to voting, subject of course to measures to maintain the security of the ballot process. I remain concerned that there are more problems with absent voting, and the abuse of the processes involved in it, than with voting at polling stations.

I supported the measures in the 2022 Act to try to deal with postal vote fraud, but the new rules introduced then to prevent parties or candidates harvesting postal votes still seem ineffective and unenforceable. If we make voting by post easier, we must try to do more to make sure that postal votes are completed in proper conditions of secrecy. Can the Minister tell us whether there may be further provision in forthcoming legislation about the security of postal voting in particular?

I have a more fundamental question about our overall approach to electoral legislation. This very sensible measure has come to us by way of a Private Member’s Bill. As the noble Lords, Lord Hayward and Lord Bourne, and other noble Lords have suggested, this highlights the need to reform election legislation not in a piecemeal and unsatisfactory way but fundamentally, so that when changes are made—such as those in the 2022 Act—they are not so open to charges of partisan interference in election rules.

For some years, many of us have been hoping for a Government who will accept the Law Commission’s proposal to consolidate all our electoral legislation. The noble Lord, Lord Mott, quoted the Law Commission, and I refer to what it said in 2020: