Clause 29 - Voting rights
Mental Capacity Bill
3:45 pm
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.