National
Assembly for Wales
Business Committee
March 2020
Amending Standing Orders: Standing Order 12 – Proxy
Voting
Purpose
1.
In accordance with Standing Order 11.7(iv), the Business Committee
is responsible for making recommendations on the general practice
and procedures of the Assembly, including any proposals for the
re-making or revision of Standing Orders.
2.
The report recommends amendments to Standing Orders 12 and 17. The
changes agreed by Business Committee are found in Annex A, and the
proposals for new Standing Orders are at Annex B. At Annex C is the
accompanying Guidance, issued by the Llywydd, which sets out
further detail on how the procedure will operate in
practice.
Background
3.
In 2016 Professor Sarah Childs produced an independent
report
The Good Parliament
which made 43 recommendations on how to make the House of Commons
more representative and inclusive. Much of the research and
conclusions are relevant to Wales and the report compared the
Assembly’s maternity and paternity leave provision against
other parliaments. It identified that Wales does not have a formal
process; arrangements are instead made between the individual
member and their parties.
4.
On 28 January 2019 the House of Commons unanimously decided to
introduce a proxy voting scheme for MPs who are new parents. The
temporary Standing Order lapses automatically upon the expiry of
the scheme (originally 12 months) and the motion directed the
Procedure Committee to review arrangements within this time. On 16
January 2020, due to the General Election, a six month extension
was approved to give the Procedure Committee until the summer
recess to complete its review of arrangements and report to the
House.
5.
Some other Westminster-model parliaments also have provisions for
proxy voting, including the lower houses in both Australia and New
Zealand. Like the House of Commons, proxy voting arrangements in
these parliaments are limited to parental absence.
Developments in the Assembly
6.
In November 2019, the Business Committee agreed to look at
introducing proxy voting in the Assembly in two stages. Firstly, to
consider implementing it for parental leave only, and secondly to
look at the possibility of extending it to long-term illness and
other caring responsibilities, after the House of Commons have
reviewed their scheme. The Llywydd wrote to all Assembly Members
inviting comments both on implementing a scheme for parental leave
in the first instance, and also about the question of wider
eligibility for proxy voting in the longer term.
7.
In January 2020, Business Managers agreed in principle to introduce
a proxy voting scheme for parental leave on a trial basis until the
end of the fifth Assembly, and at their meeting of 3 March 2020
agreed the Standing Order changes proposed in this report, and the
Guidance to accompany the changes.
Proposals for Changes to Standing Orders
Voting by Proxy for parental leave
8.
The proposed new Standing Order 12.41A introduces a proxy voting
procedure in the Assembly for Members who are absent from the
Assembly for reasons of childbirth, care of an infant or child as a
result of a new adoption or surrogacy arrangement, or who have
suffered a miscarriage or stillbirth.
9.
The scheme is not compulsory and qualifying Members are free to
continue to vote in person or use any other informal pairing
arrangements available to them.
10.
It is proposed that new Standing Orders 12.41A – 12.41H (and
the consequential changes to Standing Orders 12.41 and 17.48) cease
to have effect on 6 April 2021, the end of the Fifth Assembly.
Business Managers agreed to introduce a scheme for a trial period,
and it will be for any successor Business Committee to determine
whether they wish to review or extend the scheme beyond that
date.
Eligibility
11.
Under proposed Standing Order 12.41E, a proxy vote may only be cast
if the Llywydd has deemed the absent Member is eligible. The
eligibility criteria can be found at paragraphs 1-4 of the Guidance
at Annex C.
Maximum Durations
12.
The maximum durations of the scheme are set out in paragraphs 5-9
of the Guidance. They are the same as those applied in the House of
Commons procedure and are based on the legal definitions of
‘ordinary maternity leave’ and ‘statutory
paternity leave’.
Scope of the procedure
13.
In accordance with proposed new Standing Orders 12.41A-G, a proxy
voting procedure will be available for all types of votes in
Plenary or a Committee of the Whole Assembly, except for votes
where legislation requires a resolution or motion to be passed on a
vote in which the number of Members voting in favour if not less
than two-thirds of the total number of Assembly seats (Standing
Order 12.41C).
14.
Whilst there are no legal barriers or limits to a proxy voting
procedure on any votes in the Assembly, this restriction is
consistent with practice elsewhere – notably the House of
Commons and the Australian House of Representatives. Both of which
exempt votes by proxy for motions which require either the support
of two thirds of all Members or more than half of all Members
(respectively, votes under the Fixed Term Parliament Act, and on
the third reading of a bill which proposes an alteration of the
Constitution).
15.
The proposed new Standing Order 12.41D states that a proxy vote
must not count towards the numbers for quorum; again, this is
consistent with practice elsewhere.
Guidance
16.
The proposed Standing Order 12.41G directs the Llywydd, having
consulted the Business Committee, to issue written guidance to
Members on the operation of the proxy voting procedure. That
guidance can be found at Annex B and covers practical and
procedural arrangements such as eligibility, maximum durations,
designation of a proxy, publishing and varying the arrangement, and
principles for exercising the proxy vote. It gives the Llywydd
discretion to determine compliance with the scheme in the event of
any ambiguity.
Consequential amendments
17.
The consequential change to Standing Orders 12.41 enables the proxy
voting procedure to over-ride the general requirement Members to
vote in person in Plenary. The change to Standing Order SO17.48
enables a Member to represent more than one committee member when
voting in a Committee of the Whole Assembly, where the proxy voting
procedure applies.
Action
18.
The Business Committee formally agreed the changes to Standing
Orders on 3 March 2020 and the Assembly is invited to approve the
proposals at Annex B.
STANDING ORDER 12 – Business in
Plenary Meetings
Decisions on Motions and Amendments
12.41 Subject to Standing Orders 12.41A-H,
Members must cast their votes individually and in person (but are
not obliged to vote).
STANDING ORDER 17 – Operation of
Committees
Substitutions at Meetings
17.48 A committee member who has given advance notice
to the chair may be represented at a meeting, or a part of a
meeting, by another Member from the same political group who has
been identified in advance. The nominated representative may
participate in the meeting of the committee in all respects as if
he or she were a member of it. Subject to Standing Orders 12.41A-H
for a Committee of the Whole Assembly, no Member may represent more
than one committee member at a meeting.
STANDING ORDER 12 – Business in
Plenary Meetings
Voting by proxy for parental leave
12.14A
A Member may, by reason of absence from the Assembly for parental
leave, arrange for their vote to be cast by another Member acting
as a proxy (a proxy vote).
12.41B Subject to Standing Order 12.41C, a proxy
vote may be cast on all business in Plenary (including secret
ballots under Standing Order 6 and Standing Order 17) and a
Committee of the Whole Assembly.
12.41C No proxy vote may be cast where
legislation requires a resolution or motion to be passed on a vote
in which the number of Members voting in favour of it is at least
two-thirds of the total number of Assembly seats.
12.41D A proxy vote must not count towards the
numbers participating in a vote for the purposes of Standing Order
12.46.
12.41E A proxy vote may be cast only if the
Presiding Officer has certified that the Member for whom the vote
is to be cast is eligible under the terms of Standing Order
12.41A.
12.41F A vote cast by a proxy must be clearly
indicated as such in the report of plenary proceedings or minutes
of the Committee of the Whole Assembly.
12.41G The Presiding Officer, having consulted
the Business Committee, must issue written guidance to Members
under Standing Order 6.17 on the operation of voting by proxy for
parental leave.
12.41H Standing Orders 12.41A – 12.41H, and
the references to them in Standing Orders 12.41 and 17.48, will
cease to have effect on 6 April 2021.
Annex C
Guidance issued by the Llywydd under Standing Order 12A.2
A.
Eligibility
1.
Proxy voting is available to Members who are absent from the
Assembly for reasons of childbirth, care of an infant or child as a
result of a new adoption or surrogacy arrangement, or who have
suffered a miscarriage or stillbirth.
2.
A Member must demonstrate eligibility for the scheme by notifying
the Llywydd of their intention to take parental leave, and
providing any additional documentation or forms of notification
that the Llywydd deems appropriate.
3.
The scheme is not compulsory and Members are free to vote in person
or use any other informal pairings available to them.
4.
In the event of any ambiguity, the Llywydd will use his or her
discretion to determine compliance with the proxy voting
scheme.
B.
Duration
5.
The maximum duration of the dispensation to vote by proxy
is:
·
six months for the biological mother of a baby; the primary or
single adopter of a baby or child; or the primary or single carer
of a baby or child in a surrogacy arrangement; and
·
two weeks for the biological father or the partner of the person
giving birth who has parental responsibility for the child; the
second adopter of a baby or child; or the secondary carer of a baby
or child in a surrogacy arrangement.
6.
Subject to the Llywydd’s discretion, any period of proxy
voting taken by the biological mother of a baby; the primary or
single adopter; or primary or single carer in the case of a
surrogacy arrangement must normally start at or before the relevant
date (the due date, adoption date, or surrogacy date) and should be
taken as a continuous period. That period may be of up to a maximum
of six months, including periods when the Assembly is in recess or
dissolved.
7.
Any period of proxy voting taken by the biological father or the
partner of the person giving birth who has parental responsibility
for the child; the second adopter; or the secondary carer in a
surrogacy arrangement must be taken in one continuous period of up
to two weeks and must end within 56 days of a child's birth or
placement for adoption.
8.
A Member must specify in writing to the Llywydd the dates on which
the absence will begin and end, subject to the maximum durations
permitted (paragraphs 6 and 7). During that period the Member is
entitled to cast a vote by proxy.
9.
The Llywydd’s discretion will be used to determine
eligibility and maximum durations for proxy voting when Members or
their partners have suffered a miscarriage or stillbirth. In
determining such factors, the Llywydd will be mindful of statutory
entitlements.
C.
Designation of a proxy
10.
When specifying the dates of absence, the Member eligible for proxy
voting must name the Member who has agreed to carry out their proxy
vote, thereby vouching that an agreement has been entered
into.
11.
A Member is free to choose any other Member to carry out their
proxy vote, subject to the agreement of the other Member and
notification to the Llywydd.
D.
Publishing the arrangement
12.
On receipt of this information, and once the Llywydd has determined
compliance, the Llywydd will lay a certificate setting out the name
of the Member nominated as proxy and the start and end
dates.
13.
The ‘votes summary’ for each Plenary or Committee of
the Whole Assembly meeting will note that a proxy vote has been
cast by listing the Member and how they voted in the usual way, in
accordance with Standing Orders 12.48 and 17.35, and by noting
which Member cast a proxy vote on their behalf.
E.
Varying the arrangement
14.
A Member who wishes to change the Member who is their proxy, to end
their period of proxy voting earlier than originally notified, or
to cast a vote in person on (a) specific item(s) of business, or
suspend the arrangement for a period of time, must give written
notice to the Llywydd as soon as is reasonably practicable after
the circumstances that have led to the request become known (for
example, publication of Plenary agenda, tabling of motion). The
Llywydd will use his or her discretion to determine compliance in
these circumstances.
15.
The Llywydd will issue and lay a new certificate under paragraph 12
if required.
16.
Changes of proxy made for a specified period will take effect from
the start (or end) of the day(s) specified.
F.
Exercising the proxy vote
17.
A Member eligible to vote by proxy must agree with the Member
nominated as their proxy when the proxy vote will be cast and how
it will be exercised on each vote.
18.
A Member designated as a proxy must act in strict accordance with
the instruction given by the absent Member.
19.
A Member designated as a proxy may cast their own vote one way and
the proxy vote in the other, and may cast a proxy vote without
casting their own vote at all.
20.
A Member registered as voting by proxy who wishes to vote in person
will be entitled to do so, provided that the Llywydd has been
notified as soon as is reasonably practicable after the
circumstances that have led to the request became known (paragraph
14). The Llywydd’s discretion will be used to determine
compliance in these circumstances.
21.
A Member eligible to vote by proxy must inform the Member nominated
as their proxy of any relevant interest which prohibits them from
voting under Standing Order 2.9.
G.
Practical arrangements for voting by proxy
22.
The Clerk will make practical arrangements with the Member
nominated as proxy to exercise the proxy vote.