Procedure Committee

Part of the debate – in the House of Commons at 12:11 pm on 30 June 2022.

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Photo of Karen Bradley Karen Bradley Chair, Procedure Committee, Chair, Procedure Committee 12:11, 30 June 2022

This morning, the Procedure Committee published its first report of the new Session, concluding two inquiries: the first on extending eligibility for proxy voting to those with long-term medical conditions; and the second on the presence of babies in the Chamber and Westminster Hall. I am grateful to the Backbench Business Committee for this opportunity to make a short statement to the House.

Our predecessor Committee did not consider the case for non-parental proxies in detail. When it came to our review at the beginning of this Parliament, we said we would consider the matter when pandemic proxies ended, if there was interest to justify a closer look. Pandemic proxies ended in July 2021 and we launched this inquiry on 23 September, to consider whether eligibility for proxy voting should be broadened.

To cut to the chase, I will quote directly from our report:

“the overwhelming balance of evidence that we heard was in favour of proxy voting being extended to include Members suffering from serious long-term illness or injury.”

The House will be aware that there have been several cases in the recent past of Members feeling compelled or being required to vote in person while seriously unwell, which risks bringing the House into disrepute. These events have led to increasing calls for proxy votes to be offered to Members suffering serious long-term illness, which would allow them to recover in their own home while still being able to exercise their vote.

However, discussions on a possible extension to the proxy voting system provoked concerns, principally on a Member’s right to privacy. I make it clear that Members who do not wish to use the proxy voting system can use pairing or, if appropriate, nodding through. We do not propose any changes to the mechanisms that are not procedural. Were the House to vote to extend the proxy voting scheme, it is essential that Members who favour a more private mechanism are able to access one.

It is also important to note that access to a proxy vote is not appropriate for every occurrence of ill health or injury. For this reason, we believe that any extension to the proxy voting scheme should not include provisions for short-term, non-serious medical conditions. In the case of non-serious illness that causes a short-term absence, Members should use existing informal mechanisms.

If the House were to endorse the principle of extending the scheme, it would be for the Government to bring forward changes to the Standing Orders. We believe that any extension should, in the first instance, take place as a pilot, the success of which the Committee would review.

The broad terms of a scheme issued under Mr Speaker’s authority should, in our view, include the following aspects. It should be available to Members who, as a result of serious long-term personal illness or injury, wish to vote by proxy. It should require medical evidence from a medical professional stating that the Member is physically unable to attend Divisions in the House. It should be recorded in the same way as a parental proxy, through a Speaker’s certificate recorded in Votes and Proceedings, stating that the Member has exercised their right under the Standing Order and giving the date and name of the nominated proxy, but not details of the medical condition. It should allow proxy voting cover for a finite time while giving Members the ability to renew if necessary. And it should decouple the issue of taking part in proceedings from the proxy vote. We understood and recognised the need for staying-in-touch days, and that some Members would wish to participate in proceedings while not being physically able to stay for the vote.

Now the Committee has published its conclusions and recommendations, it is for the House to decide whether the proxy voting system should be extended. We recommended that the Government schedule a debate before the summer recess to allow the House to debate and express a view on this issue, with a view to introducing a pilot in the autumn.

The question of whether Members should be able to bring babies into the Chamber and Westminster Hall was referred to the Committee by Mr Speaker in November 2021. The guidance to Members on this issue says:

“You may take babies or toddlers with you into the division lobby, and—if necessary to get to the division lobby—take them through the Chamber… You should not take your seat in the Chamber when accompanied by your child, nor stand at either end of the Chamber, between divisions.”

This guidance restates long-standing practice recognising that the Chamber, Westminster Hall and Standing Committees are not suitable environments for very young children.

Since 2018 there have been several occasions on which Members have, with the discretion of the Chair, with prior notice and without disruption to proceedings, brought babies into the Chamber and Westminster Hall, so that the Members can either attend or participate. This has contributed to some confusion and a gap between the House’s practice and the guidance intended to shape it. We found a general lack of awareness of the guidance among Members.

In general, we detected support for greater flexibility for new parents. We heard evidence expressing concern that the usual resources afforded to Members are not extended to nominated members of staff covering Members who are exercising a proxy vote. This should not be repeated, and we have called for meetings, calls and briefings available to Members of Parliament to be made available to nominated members of staff covering for Members exercising a proxy vote.

The long-standing practice of the House is that babies should not be present in the Chamber or Westminster Hall. We believe that Members should not bring babies into the Chamber, Westminster Hall or General Committees as they observe, initiate, speak or intervene in proceedings, and we believe this should remain the guidance. Chairs will and should retain a degree of de facto discretion, which should be exercised sparingly. The firm expectation should remain that Members do not participate in proceedings while caring for a baby, and that where it is required, in exceptional circumstances, to bring a baby into proceedings, it should be agreed in advance.

The Liaison Committee should consider how far Select Committee practice should mirror other settings and, if necessary, agree guidance covering both Members and witnesses.

Finally, the Procedure Committee is grateful to all hon. and right hon. Members, and others, who shared their views with us on both inquiries. I hope our report will be welcomed by the House, and that the House will soon have a chance to vote on these issues.

I commend this statement to the House.