Meeting of the Parliament (Hybrid) 23 December 2020
The events of the past few days have underlined the uncertainty that is involved in responding to the virus and the merits of contingency planning. In that time, discussion on the election has quickly moved from debating whether vaccines will reduce the number of people applying to vote by post to talk of postponing the election entirely. I think that such talk is extremely premature at best, not least because the content of the bill renders us well placed to respond to any further problems that are raised by the pandemic.
On the development of the bill, I particularly recognise the work of the Standards, Procedures and Public Appointments Committee in scrutinising it and that of the many electoral professionals who shared their expertise throughout the process. I also thank MSPs from all parties for their helpful contributions in the development and passage of the bill. Patrick Harvie was right: the bill is a creature of the Parliament; it is not purely a Government production. Just as important, I note the work of the bill team, for whom this was the third significant piece of proposed legislation in little over a year.
Before discussing the bill’s provisions, I will mention a vital feature of our discussions: keeping voters fully informed. As we know, the Electoral Commission will launch its main public awareness campaign for the election in March 2021. The campaign will run across television, digital and radio—it will not simply involve the booklet, albeit that that will be delivered to every household in Scotland. The booklet will contain much more than references to postal and proxy voting; it will be the standard booklet that goes out from the commission for an election.
I know that some members would rather that the booklet was being sent at an earlier point. As I said earlier, I agree with Anas Sarwar on that. I entirely agree that communication on the election before March is essential. However, as I have indicated, the commission’s booklet covers a range of matters. It will help to direct people for physical voting, which will be an important part of the election, and its going out will coincide with the issuing of polling cards. The Electoral Commission considers that March remains the best time for its booklet to be deployed, and it is not budging on that.
I can reassure members, however, that a range of other actions are also being taken. Electoral registration officers are already taking steps to raise awareness locally, and they are exploring having a national television advert. The chief medical officer will write to all those on the shielding list in January on their options for voting. That will be done in consultation with the Electoral Commission and will reach 169,000 people.
As I noted earlier, the Government will fund a letter to be sent by electoral registration officers to all households in early February, advising voters on registration, the postal vote process and the deadline for applications.
Returning officers also have a part to play in encouraging participation in their local areas. They employ a variety of methods, disseminating information through social media, radio and print advertising, as well as via networks such as community councils. Government funding is in place to underpin all that work.
Turning to the provisions of the bill, I am pleased that members from all parties agree that the Parliament must be able to resume at any point before the election in order to legislate for a postponement, if that is necessary. Modifying the dissolution period is a sensible and pragmatic step, which will enable Parliament to sit and legislate for a new polling date. I remind members that that change means that we will all retain our status as MSPs until the day before the election. I again thank Scottish Parliament officials for their work on new guidance to cover conduct issues.
The bill includes a further contingency measure in the event that the Parliament cannot itself legislate for a postponement, despite the delay to dissolution under the bill. That power is based on, and is an expansion of, the existing power of the Presiding Officer to seek to postpone the election by one month. For the 2021 poll, we have replaced that power with a power to delay for up to six months.
Section 3 brings forward the deadline for application for a postal vote to 6 April, which is a change that electoral professionals specifically requested. Indeed, it is an essential change in the bill from their perspective, given that electoral registration officers might have to process an increase in postal voting from the current 18 per cent of the electorate to 40 per cent or possibly 50 per cent.
It is clear that, as well as giving electoral professionals additional time to process the increase in postal votes, they must be properly resourced, so I am pleased that the amendment that sought to provide clearer information on the resourcing that is provided to electoral professionals, which I discussed with Anas Sarwar, has been agreed today.
Section 5 provides a power for an all-postal vote. As I said during the stage 1 debate, the Government does not want, nor expect, to hold an all-postal election, but we are putting in place a contingency measure in case the public health situation significantly deteriorates. It is also agreed that the election would have to be postponed to be made all postal. I listened carefully to the concerns that were raised about the breadth of that power. As a result, I lodged amendments at stage 2 to make the use of the power subject to the affirmative procedure, and to require ministers to lay a statement of reasons, which further increases transparency and accountability to Parliament were that power ever to be used.
Members raised concerns in similar terms about the power in section 8 for ministers to provide for polling to occur over more than one day—potentially over a period of up to nine days. I recognised the concerns that were raised about polling over multiple days and sought at stage 2 to make any use of the power subject to the convener of the Electoral Management Board for Scotland’s recommendation that polling should take place over additional days. That power was also made subject to the affirmative procedure at stage 2 and I agreed with Adam Tomkins that it should be exercised only for a reason that relates to coronavirus. I am pleased that an amendment to that effect has been agreed today.
The bill reflects our collective duty to ensure that the people of Scotland are able to exercise their democratic rights. I am confident that it provides us with the flexibility to ensure safe delivery of the 2021 Scottish parliamentary election.
I move,
That the Parliament agrees that the Scottish General Election (Coronavirus) Bill be passed.
15:32