Mr Tim Boswell (Shadow Minister, Home Affairs; Daventry, Conservative)

I beg to move amendment No. 40, in

clause 29, page 16, line 20, leave out 'for any public office'.

This may be a less taxing issue for the Committee than the new clauses that we discussed earlier. This is simply a probing amendment. I notice that the clause seeks to avoid any suggestion that someone could vote on behalf of a person who lacked capacity, or use such a person's rights on their own behalf.

I have two anomalies in mind. First, I think that I am right in saying that persons with a mental illness but not lacking mental capacity are able to vote. We need not debate that here, but it would be useful if the Minister confirmed that. Secondly, in relation to private matters, a decision to be taken—on participating in an election as a shareholder on behalf of the person lacking capacity, for example—may, at one level, be even more momentous than the decision to participate in a general election or referendum.

Somewhat as an afterthought, I would like the Minister's assurance that the clause is so drafted as to cover the class of ''any public election'' or involvement. We are given a definition of ''referendum'' in the clause, and we know on the whole what elections for ''any public office'' entail, because all of us are involved in them. However, consultations locally, expressions of opinion, town polls and so on might not be covered, and it is important that the Minister briefly turns aside from our major considerations today to consider these nuts and bolts issues.

Mr David Lammy (Parliamentary Under-Secretary, Department for Constitutional Affairs; Tottenham, Labour)

Clause 29 makes it clear that voting on behalf of others in elections for public office is excluded from the remit of the Bill. Voting in elections for public office requires that the voter be able to decide who he would like to vote for, probably based on the candidate's position, or various issues and policies that require some analysis. It would be difficult to determine what the opinion of the person who lacks capacity would have been if they had had the capacity to use information on the proposed office holder to come to a decision on whether to vote for him. No one would ever be able to check whether the proxy acted according to best interests, or simply voted in line with his own political persuasions.

The amendment would exclude voting in elections other than those for public office from the remit of the Bill. I reassure the hon. Gentleman that the words ''for any public office'' make absolutely clear the type of elections to which we are referring, which include parliamentary elections and local council elections. The removal of those words might cause confusion. Without them, the clause could cover elections held by private clubs or organisations, and it is right that they are able to set their own rules and election procedures. We do not believe that elections other than those for public office should be excluded from the remit of the Bill. It must be for those clubs to regulate themselves.

I will take further advice and write to the hon. Gentleman on the specific question about mental illness and its effect in relation to an election. I hope that on that basis he will be able to withdraw the amendment.

Mr Tim Boswell (Shadow Minister, Home Affairs; Daventry, Conservative)

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

Mr Paul Burstow (Shadow Secretary of State for Health, Health; Sutton & Cheam, Liberal Democrat)

I listened to the exchange between the Minister and the hon. Member for Daventry and I wanted to ensure that I was clear in my understanding about a question. As a consequence of the clause, would a person who was able to take part in a public election and cast a vote, not be able to avail themselves of the proxy voting arrangements that exist in other legislation? In those circumstances, would they be able to have a proxy vote? Does this exclude the category of person that this measure is trying to deal with from being able to do that? I want to be clear whether proxy votes would still be possible in that context.

Mr David Lammy (Parliamentary Under-Secretary, Department for Constitutional Affairs; Tottenham, Labour)

It is my understanding that the clause would exclude them from that proxy vote. I hope that my officials agree with me—it appears that they do.

Question put and agreed to.

Clause 29 ordered to stand part of the Bill.