10. The Representation of the People (Amendment) (Wales) (Coronavirus) Regulations 2021

Part of the debate – in the Senedd at 6:02 pm on 23 February 2021.

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Photo of Julie James Julie James Labour 6:02, 23 February 2021

Thank you, Deputy Presiding Officer. Elections are essential to our democracy. Anything that impacts them should be taken seriously, so I am pleased to bring these regulations before you and hear the views of colleagues in the Chamber today on the Representation of the People (Amendment) (Wales) (Coronavirus) Regulations 2021.

I want to ensure that local by-elections are conducted safely and in a way that maximises the opportunity for everyone to cast their vote. An emergency proxy is already available to people on medical grounds. Proxy votes allow people who cannot vote in person to have a trusted person vote on their behalf. Currently the deadline for an application for an ordinary proxy vote at an election must be received by the electoral registration officer by 5 p.m. on the sixth day before the election. Emergency proxies can be received by the registration officer by 5 p.m. on the day of the poll, and are available to people on the grounds of blindness or of being a disabled person.

The current rules for an emergency proxy do not take into account the extraordinary circumstances we find ourselves in with coronavirus. Currently, individuals who are following Welsh Government and/or medical advice to self-isolate or shield in order to contain the spread of coronavirus are not eligible for an emergency proxy if they are participating in local government by-elections arising after 1 March 2021. The regulations seek to amend existing regulations by extending the categories of people that can apply for an emergency proxy vote. The extension includes individuals who cannot vote in person because they are following Welsh Government or medical advice by shielding or self-isolating due to coronavirus. Without these amended regulations, a group of people might be disenfranchised if they cannot vote in person because they are following Government advice to isolate. The changes will allow this group of people, who are self-isolating at short notice, to have the same options in front of them as someone who has had a medical emergency. These regulations should not place an attestation requirement on individuals who cannot vote in person because they are following Welsh Government or medical advice to self-isolate or shield. For someone shielding or self-isolating, it would be difficult to obtain the necessary attestation from a suitable independent person. Retaining this requirement could be a barrier to them voting.

These regulations therefore look to provide necessary flexibility to voters as they participate in local government by-elections under the extraordinary circumstances that we find ourselves in. I look forward to hearing the views of Members. Diolch.