I am very much supportive of the underlying intent of the amendments that Mr Balfour has lodged. The Government is committed to breaking down barriers to inclusion in our electoral system. However, I am afraid that there are a number of issues that prevent me from supporting Mr Balfour’s amendments. That said, I commit today to consider further with him in advance of stage 3 whether it would be possible to make changes in this area.
The key problem that we have with amendment 1 is how the proposals interact with the current system for running pilots of this kind. As we discussed in the previous group, rules for proposing running pilots are already set out in section 5 of the Scottish Local Government (Elections) Act 2002. Under that act, local authorities propose pilots to the Scottish ministers, who bring appropriate proposals to the Parliament for approval. The local authority runs the pilot, evaluates it and publishes a report on its findings. As a result of amendments 4 and 5 being agreed to today, the Electoral Commission will in the future take on the evaluation role in ensuring independent and expert scrutiny of such pilots. I do not think that the Scottish ministers are best placed to run such pilots. Local authorities have a statutory responsibility for delivering elections and they are best placed to deliver pilots of the type envisaged in amendment 1.
Mr Balfour’s amendments have raised questions around how pilots should be commissioned and the ways in which completion by a certain date can be required. I am happy to consider those points further with him. Although requiring the completion of a pilot by the end of 2024 would not, at first glance, seem unreasonable, such hard and fast deadlines might pose practical problems in the amount of initial work that would be required, including engagement with stakeholders, impact assessments, testing and proofing, as well as an appropriately rigorous procurement exercise. I say that to offer background, not to undermine in any way the commitment to work with Mr Balfour to see whether we can make progress in this area in the coming weeks.
To provide reassurance to Mr Balfour, I would like to record that the Government has been progressing work in this area over the past months. The approach has focused on what voters with sight loss told us would help them to overcome the barriers of the traditional system. After holding a series of workshops in 2019 with those who face those significant barriers to voting, we are already exploring a prototype solution to enable people with sight loss to cast their votes digitally. It is important to highlight, especially given the concerns about full online voting, that the prototype is not designed as a full end-to-end digital solution and will still produce a ballot paper.
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The prototype, which is at an early stage of development, will undergo field trials with potential users in late spring or early summer this year. During that timeframe, I am happy to invite committee colleagues to join me in a session in which we can experience using the prototype for ourselves.
Amendment 3 would commence on the day after royal assent the provisions that would be introduced by amendment 1. That is fairly unusual and I am not clear why the usual convention of not commencing provisions within two months of royal assent should be departed from in this case.
Although I am sympathetic to the underlying intent of amendment 1, it does not sit well with existing powers and it would not add to the important work that is already in progress. Therefore, I ask Jeremy Balfour not to press amendment 1 to a vote or move amendment 3. However, if he does, I ask that members do not agree to amendments 1 and 3.
I appreciate that amendment 2 is motivated by a desire to promote inclusion. Requiring guidance for returning officers on appropriate tools for voters with sight loss is a laudable aim. As we have heard, basic guidance on that topic was issued by the Electoral Commission during the 2019 United Kingdom general election, and I know that the commission is open to further discussion on the best way in which to share that guidance.
Unfortunately, as amendment 2 is drafted, the provisions would take us outwith the powers of the Scottish Parliament, because the duty that the amendment would impose on the Electoral Commission would be a change for the whole of the UK, rather than just for devolved Scottish elections. As I said, I am supportive of the fundamental idea that is being considered, and I am happy to engage with Jeremy Balfour. I invite him not to move amendment 2, but if he does, I ask members to reject it.