Covid-19 has meant changes to how parliaments all round the world work, and this means that parliamentary monitoring sites like TheyWorkForYou need to consider how they should change to reflect this.

We are attempting to represent MPs’ votes fairly in this unusual time during which voting is not necessarily available to, or easy for, every representative. We believe in the current situation most (if not all) have the possibility of casting proxy votes, but need to ensure additional information reflects where this was not the case. We are concerned about the concentration of votes held by party whips through the proxy vote system and believe in terms of simplicity, time taken and the health of MPs and staff, the remote voting system was a better approach for both MPs and their constituents.

The old normal

Westminster has one of the oldest parliamentary traditions in the world, and consequently has a large number of antiquated processes and procedures which are not efficient or inclusive by contemporary standards.

MPs sitting practically on top of their colleagues in the House of Commons was not an unusual sight pre-COVID, as the chamber is not big enough to accommodate all 650 elected representatives at one time. PMQs were defined by heckling from the backbenches, voting required physically walking through a lobby (rather than the electronic voting of the Scottish Parliament) with almost no allowance for proxy or remote voting.

This was the system of parliamentary governance at the start of 2020, with little reason to expect any changes. The plan to vacate Parliament to allow essential repairs and maintenance to the building would have provided an opportunity to experiment with different designs or practices. Instead the plan was to build a replica of the chamber and division lobbies as they already exist.

Change is resisted with reference to tradition, but behind that is also the understanding that changing the physical space and practices of Parliament would have an impact on where power is distributed. The result is a slow rate of change, where reform (such as an independent panel to deal with bullying and harassment allegations against MPs) is resisted and hard-won.

And then COVID struck, and everything changed, very fast.

A digital revolution — and a roll back

There have never been such rapid shifts in practice in the House of Commons as during the COVID-19 crisis.

MPs were sent from Westminster back to their constituencies to work from home, like so many of their constituents. Parliamentary business migrated online. All of a sudden, remote electronic voting was the only way of registering a vote. This was revolutionary. The hard working folks at the Parliamentary Digital Service managed to tweak the existing online MemberHub system to enable this new electronic service, and it seems to have worked extremely well.

But this huge digital step forward has now been rolled back. In early June, MPs were summoned to return to the parliamentary estate, regardless of their individual health considerations. This meant that many MPs who have underlying conditions and were advised to shield from the virus had the unenviable decision of whether to risk their lives and return to Westminster, or to remain at home and risk not being able to vote or represent their constituents effectively.

The government was insistent that remote electronic voting would no longer be available as an option, and while there were later concessions in the form of widening the criteria for which MPs could have a proxy vote, there are likely to have been some that missed votes or could not participate during this period because they were unable to be present or arrange for a proxy in time. This is not just an issue for MPs who cannot be in parliament in person, MPs voting in person have to do so in a way that is more time consuming than the normal approach.

Proxy voting is the wrong approach

While the proxy voting scheme was initially expanded from parental leave to those who were in a ‘clinically extremely vulnerable’/‘clinically vulnerable’ category, this has now been expanded again. The current situation is that the proxy voting scheme covers MPs on parental leave, or with a medical or public health reason related to the pandemic. There is a table at the bottom of this post showing who could vote during which period.

There is no requirement to “provide any detail specifying why you are unable to attend Westminster for medical or public health reasons related to the pandemic”, so in practice, all MPs should be able to designate a proxy to cast votes on their behalf. That said, not all have done so, and there is no requirement that an MP must designate a proxy if they cannot attend Westminster.

This has also had the side-effect of expanding proxy votes to MPs with health problems who would not have been ineligible for them before (we have previously written in favour of proxy votes for MPs with long-term health problems).

As of the 24th June, there were 169 MPs who had applied for proxy votes – that is just over a quarter of all MPs. three quarters of these have listed a party whip as a proxy. That many MPs have designated their whip as a proxy simplifies the administration of such a large number of proxies, but means that those MPs have less effective freedom to rebel on a case by case issue.

While many MPs may never have chosen to exercise that freedom, this might create an expectation that the ‘norm’ is to pass the vote to the whip, and raise suspicions about MPs who might reasonably decide not to. The virtual voting system was ironically more traditional in preserving the idea that MPs (not whips) cast votes.

In the past, we’ve contributed to a parliamentary inquiry supporting a more formalised system of proxy voting, not least because without a formal record, there is no data on how individual MPs have voted. Without data, we can’t publish accurate records that would give our users the context they need to understand the significance of a ‘no-show’ from their MP in a specific vote.

But this position was working from the assumption that proxy voting would be accounting for at most a few dozen MPs. Accounting for large numbers of MPs raises new issues about how many proxy votes one MP should be able to exercise, and in general whether it is the appropriate solution for this situation. A remote voting system was a better solution to the problem at hand, that better protected not only the health of MPs and staff required to be present on the parliamentary estate, but the existing power relations of MPs and parties.

Portraying MPs fairly

Whether votes are through a proxy system, or whether they are not being recorded at all because an MP couldn’t make it into Parliament on health grounds, we want people to be able to fairly assess how and what their representatives are doing. Over the long term, we want to make sure that the special circumstances of these months are reflected.

Here are our current plans on how voting records should reflect changing voting access:

  • We have added a box on the voting page to inform about the current situation, and that there were recent votes where some MPs were not able to participate. This is the same for all MPs, as proxy voting information is not complete and we cannot reflect which MPs may feel excluded from votes.
  • We have acted on a pre-existing plan to remove some of the comparisons we currently publish on metrics such as how many votes or debates they have participated in. This will remove the issue of MPs who are not physically present performing less well on these metrics.
  • In the long term, we will be exploring how individual votes where voting access was effectively restricted may be marked on the site, as well as exploring if other changes to the service are required.

mySociety has worked with parliaments all over the world over the last 10 years, and we continue to consult on how procedures, information and systems can be digitised for better transparency, accountability and inclusion of the wider public.

Given the changes and experiments going on in the wake of the COVID-19 crisis, we’re going to be blogging more about the effect on democratic practices, as we focus in on various aspects of our parliamentary system in the UK and how it might be modernised.

 

 

Who could vote when?

Period Remote voting Proxy voting In person voting
11 May – 2 June Everyone Parental leave
2 June – 4 June Parental leave Physically present
5 June-9 June Parental leave, ‘clinically extremely vulnerable’, ‘clinically vulnerable’ Physically present
10th June- Parental leave, medical or ‘public health reason related to the pandemic’ Physically present

 

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Image: First virtual PMQs and Ministerial statement on Coronavirus 22/04/2020 by UK Parliament

Original source – mySociety

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