If the motion from the Committee on Procedures is passed, it will create a new Standing Order for the provision of proxy voting in plenary sittings where specified conditions have been met.

I beg to move

After Standing Order 27 insert: "27A Voting by proxy (1) A member (M) may arrange for M’s vote to be exercised by a proxy (P) where— (a) M meets the conditions set out in paragraph 2, (b) the Speaker has published a proxy voting scheme (the Scheme) in accordance with paragraph 3, (c) P is not the Speaker or a deputy Speaker, and (d) M and P have complied with the terms of the Scheme. (2) The conditions are— (a) M could, if an employee, exercise a right to maternity leave, paternity leave, adoption leave, shared parental leave or parental bereavement leave, (b) M is affected by complications arising from pregnancy, including miscarriage, stillbirth and baby loss, or (c) M has fostering responsibilities of a kind prescribed in the Scheme. (3) The Scheme must include— (a) the process by which M may designate P, (b) the period for which a proxy vote may be exercised, (c) how M may vary or withdraw that proxy, and (d) subject to paragraph 4, details of how a proxy vote may be exercised. (4) A proxy vote— (a) may be exercised only in a plenary session of the Assembly, (b) is to be disregarded for the purposes of Standing Order 9 (Quorum), (c) must be recorded as such in the Official Report and the Journal of the Proceedings of the Assembly, (d) may not be exercised in a vote on any of the following— i. a Bill to which section 7A of the 1998 Act applies, ii. the democratic consent process at Schedule 6A of the 1998 Act, iii. any motion which requires the support of a number of members of the Assembly which equals or exceeds two thirds of the total number of seats in the Assembly, and iv. any motion which requires the support of a number of members of the Assembly which equals or exceeds two thirds of the total number of members voting on the motion. (5) In this standing order— ‘employee’ has the meaning given by Article 3 of the Employment Rights (Northern Ireland) Order 1996 ‘the 1998 Act’ means the Northern Ireland Act 1998."

The Business Committee has agreed to allow up to one hour and 30 minutes for the debate. The proposer of the motion will have 10 minutes to propose and 10 minutes to make a winding-up speech. All other Members who are called to speak will have five minutes. Kellie, please open the debate.

Thank you, Madam Principal Deputy Speaker. As Chairperson of the Committee on Procedures, I am delighted to bring to the Assembly during Parenting Week a new procedure to allow for proxy voting for MLAs in certain circumstances.

As all of us know, an MLA's role has a number of facets. We have our parliamentarian role in the Assembly, our constituency role and our party roles. As MLAs are not employees, we do not have terms and conditions that would support Members who have become parents. When an MLA is absent from a plenary sitting due to maternity, paternity or similar leave, there is no procedure to ensure that their democratic role in the House can be fulfilled. The new procedure will allow MLAs to vote in the House by proxy.

Let me give some background. When the Procedures Committee was first established a few months ago, we were faced with a large number of topics that needed attention. The Committee was unanimous in deciding that we would make proxy voting in plenary sittings for MLAs on parental leave our top priority. We initially considered a range of possible categories for proxy voting, including parental leave, long-term illness, bereavement and absence on official Assembly business and whether it should be extended to Committees as well as for plenary business. However, the Committee expressed concerns that, with the exception of proxy voting for parental leave in plenary sittings, the other categories of proxy voting in plenary and in Committees would require a level of deliberation and assessment of implications that would require a long-term piece of work. On the other hand, proxy voting for parental leave is a well-established practice in many other legislatures and has fewer operational issues. We knew that, if we did our research and spent some time considering the issues in depth, it could be introduced to the Assembly with a degree of assurance that the associated implications were well known and had been explored in the Assembly context. It is worth emphasising that foremost in our considerations was ensuring that proxy voting could be introduced without undermining or damaging the integrity of our voting system.

The Committee has taken a two-part approach, with the first part providing the key principles for proxy voting in the Standing Order that is before you today. The second part of our approach is to ask the Speaker to provide guidance on how the proxy voting scheme will operate on a practical and administrative level. Those are the day-to-day things, such as how to make a notification, what the deadline is etc, and other matters that do not need to be in a Standing Order but that Members need to know to make the scheme work. The Committee discussed those practical matters in some detail, and our thoughts and suggestions are contained in the Committee report. We anticipate that our deliberations on them will be helpful to the Speaker in producing the guidance. I will cover some of them in my speech today but, as it is the Standing Order that the Assembly will vote on, I will concentrate on explaining that.

A copy of the draft Standing Order is on page 25 of the Committee report, which was issued to all MLAs on 15 October by email. In the Standing Order, paragraph (1) sets out the eligibility criteria for proxy voting. It requires that the Member who wishes to designate a proxy has to satisfy one of the conditions set out in paragraph (2). Paragraph (1)(b) also requires the Speaker to have issued guidance or, as it is referenced in the Standing Order, "the Scheme".

Moving on to paragraph (1)(c), in the Assembly, the Speaker does not vote on any plenary business, and the Principal Deputy Speaker and Deputy Speakers do not participate in the debate, including voting, on any item of business for which they have occupied the Chair. With that in mind and to ensure that we maintain that essential element of our voting system, paragraph (1)(c) provides that the Speaker and Deputy Speakers cannot act as proxy for another Member. For the avoidance of doubt, let me be clear that the provision also covers the Principal Deputy Speaker. There is no reference to the Principal Deputy Speaker in the Standing Order as it is not in law a discrete office. The Principal Deputy Speaker is necessarily also a Deputy Speaker.

Paragraph (1)(d) requires the Member and their proxy to have complied with the guidance. Paragraph (2) sets out the principal conditions for eligibility for the scheme.

Paragraph (2)(a) is intended to make it clear that Members, while not entitled to various statutory leave for the variety of parental leave, as noted in the Standing Order, may apply for a proxy vote in circumstances where an employee would have the right to such leave. In other words, if a Member takes maternity leave, paternity leave, adoption leave, shared parental leave or parental bereavement leave, they will be entitled to apply for a proxy vote. It is worth noting that the Committee has been clear that the scheme is not available to Members who are looking after a sick child or need to accompany a child to an appointment. Proving a proxy vote for that type of parental leave may be addressed in the future, but, for now, it is not included in Standing Orders.

The categories in paragraph (2)(b) are not currently statutory rights but are included in recognition of their impact on the individual and because similar circumstances are covered in other legislatures.

Paragraph (2)(c) provides for parental leave for fostering responsibilities. There is no legal concept of fostering leave, and we in the Assembly will be first to include it as a category of parental leave. As there is no legal concept of fostering leave and as fostering covers many variations, the Committee on Procedures has been more definitive in our report on what we mean by "fostering". I will cover the fostering aspects in more detail later.

Paragraph (3) sets out the matters that must be included in the scheme and guidance to be issued by the Speaker. They are the processes by which a Member may designate a proxy, the period for which a proxy may be exercised, how a proxy can be varied or withdrawn and how a proxy vote can be exercised.

Paragraph (4)(a) sets it out that the proxy voting scheme may be used only in plenary sessions of the Assembly: it does not cover Committees. I have already explained that we felt that it would take considerable work to explore the implications of proxy voting in Committee. Paragraph (4) also provides that a proxy vote cannot count towards quorum in plenary and that a proxy vote must be recorded in the Official Report and the Minutes of Proceedings. The latter provision is to ensure full transparency for other MLAs and the public.

Paragraph (4)(d) sets out certain matters on which a proxy vote may not be exercised, which were included after much discussion and consideration of legal advice. Paragraph (4)(d) prevents a proxy vote being used on matters on which legal certainty is required or that may be subject to legal challenge. Those are matters on which the Assembly rarely votes, however, and it is unlikely that the provision will have a significant impact on Members who wish to exercise a proxy vote. The matters include a Bill to which section 7A of the Northern Ireland Act 1998 applies, which would mean a vote to alter the size of the Assembly, and a vote on the democratic consent process as per schedule 6A to the Northern Ireland Act 1998. Members will be aware that the first such vote is expected in December, with a vote every four or eight years thereafter, depending on whether the vote receives cross-community support.

Paragraph (4)(d) iii and iv relate to votes on motions that either require the support of a number of Members that equals or exceeds two thirds of the total number of seats in the Assembly or require the support of a number of Members that equals or exceeds two thirds of the total number of Members voting on the motion. At the moment, that covers only certain motions, as outlined in detail on page 17 of our report. I will repeat them to ensure that they are read into the record. They are a recommendation for the removal from office of the Comptroller and Auditor General (C&AG) for Northern Ireland, the dissolution of the Assembly, a recommendation for the removal from office of the Northern Ireland Public Services Ombudsman (NIPSO) and a recommendation for the removal of the Assembly Commissioner for Standards. Paragraph (4)(d)(iii) and (iv) are drafted to ensure that, if a similar super-majority provision were included in a future Act, it would be covered by the Standing Order.

Finally, paragraph (5) is an interpretation provision. As I mentioned, the Committee was aware that the Standing Order would need to be accompanied by guidance on a range of practical and administrative matters. I intend to use the remainder of my time to cover aspects of those matters. The Committee's consideration covered the notification process, the eligibility criteria, the duration of parental leave and how a proxy vote may be exercised.

First, I will cover the notification process. The Committee suggests that the deadline for notifications should be 4.00 pm on the working day prior to the sitting at which the arrangement is due to begin. The Committee is aware that some Members wanted a later deadline, and we considered that. While a later deadline worked during the COVID-19 pandemic, it was not felt to be appropriate in the post-pandemic environment. The integrity of our voting system was one of our major considerations, and a deadline on the day that a proxy vote was to be exercised, with, perhaps, a vote expected an hour or two later, would leave little time to ensure that all the proper processes were in place and Tellers had been informed. Furthermore, the vast majority of parental leave cases are well known in advance, and most Members who wish to avail themselves of a proxy vote will have ample time to submit a notification.

I am just noticing the time, Principal Deputy Speaker. Other matters that the report covers include fostering. We will be the first legislature to bring forward that measure. I will also clarify for everyone that the Committee suggests that the duration of application for a proxy vote for parental leave in plenary be a maximum of nine months and that that apply to all categories.

Kellie, I am sorry about that. OK?

I will just clarify, if I may, Principal Deputy Speaker, that we advise that Tellers should not be proxy votes.

I appreciate that, Kellie. Thank you very much.

The Democratic Unionist Party welcomes the creation of the new Standing Order, which will provide Assembly Members with a formal entitlement to a vote by proxy when they are on parental leave, have fostering responsibilities or tragically suffer from complications in pregnancy, including miscarriage, stillbirth or baby loss. There will, of course, be a number of practical and administrative matters to be ironed out by guidance, and the DUP will work alongside other parties on the Assembly Commission to ensure the smooth operation of any scheme. However, the principle of the changes is one we can all stand four-square behind today.

It should be a basic requirement, whether in Northern Ireland or further afield, that modern legislatures reflect, as far as is practicable, the challenges faced by elected representatives who balance the position entrusted to them by the electorate with their role as a mother, father or foster carer. Members who are also parents do not seek preferential treatment. It is right, however, that, on balance, the procedures of the House recognise the need for compassionate and flexible arrangements in situations where significant events and changes in personal circumstances place a Member in an almost invidious position. There will be little appetite to use the mechanism frequently, but it is reasonable and proportionate for it to exist. We have worked hard to increase the representation of women in the Chamber, and we want to keep that and improve it. In this mandate, some five of our female MLAs have had babies and been able to maintain their MLA roles. We want to see that continuing.

Similar procedures have been put in place in other Parliaments across the United Kingdom. That is vital to ensuring that there is no chill factor for those in society, both now and in the future, who have a desire to seek political office and cherish their roles as parents and caregivers. We feel that exclusions for more significant votes, including those that require cross-community support, are fair and reasonable. The new Standing Order will ensure that the new entitlement is exercisable for the bulk of plenary votes, whilst respecting the role and traditions of this place. The DUP supports the motion.

I will only say a few words. I was going to start by saying that moves like this welcome us into the 21st century. Then I checked, and the legislation for the rest of society was passed in 1999, so we are catching up with the last century by implementing the changes. All I will say is this: great, wonderful, but can we get on with some more? There are many other changes that we would love to see, such as electronic voting, so that it does not take 20 minutes to progress every time we have a Division because people have to physically walk around the Chamber. Many other changes could be made, but it is great to see the ones that we are discussing. This place should reflect society instead of being something like the ark. I definitely welcome the changes.

I welcome the changes to our Standing Orders, as someone who had to return to work when my baby was just five weeks old after the return of the House in February. I was unable to legally drive myself to the Building: I was still healing, physically and mentally, from major surgery and also had the day-to-day fog that comes in the newborn phase. I know, first-hand, the challenges that are faced by parents, particularly new mothers in political life. It was not easy, but it highlighted the urgent need for change. Had I stayed away from the Assembly, my vote would have been lost, and my constituents would not have been represented in the Chamber.

There is a point to be made about some of the criticism — others might say "trolling" — that I received when I brought my baby to the Chamber. First, I was asked, "Why don't you put her into childcare?". There are very few childcare places available for a baby who is five weeks old. Secondly, I was asked, "Why doesn't your husband look after her?". I recognise my privilege, and I was in the fortunate position that he was able to step in as the primary caregiver because he was able to take shared parental leave due to the date of my co-option to the Assembly. Had I been co-opted two weeks earlier, my husband would not have been eligible for shared parental leave because his ability to take it was based on my previous employment. As MLAs, we are not regarded as employees or sole traders, so, after legal advice, we found that we were only eligible due to the date of my co-option into the Assembly. Some MLAs are not in a position where the father or another caregiver can take that shared leave.

There are many reasons why we should have the proxy vote provision, but I will focus on the rural aspect. Many MLAs can manage because they live close by or within driving distance. However, when you have guidance that says that a newborn baby cannot be in a car seat for longer than 40 minutes and you live an hour and 20 minutes away, that poses a logistical issue.

If we want to truly encourage more women and parents to step into civic and political roles, we have to ensure that they have the support that they need to balance their family responsibilities with the demands of public service. The introduction of parental leave for MLAs is a really key part of that. It signals that we value the contributions of families, mothers and fathers and recognise that family life should not be a barrier to political engagement. I welcome the fact that these changes acknowledge the rights and needs of not just biological parents but all parents, be they biological, adoptive or foster in nature.

We know that this will significantly impact on mothers and their ability to balance new motherhood with being a political representative. We still lag behind other legislatures in the percentage of MLAs who are women. I think that we are at 36%, which is far below gender parity. Other Parliaments across the UK and Europe have taken stronger steps than this to improve gender balance and create family-friendly policies, be those on the timings of debates or the provision of a crèche facility. It is about making it as easy as possible. The proposals on parental leave are an important signal that we are serious about catching up to, as Mr McGrath said, "the last century" — not even this one — and ensuring that our Assembly reflects the diversity of the people whom we represent. I feel that it is time —.

Will the Member give way?

Yes, of course.

I thank the Member very much for her comments so far. I note that Mr McGrath said that we are catching up to the "last century". It is important that we, as the Committee on Procedures, take a family-friendly approach, because, if we do not, we will lose the good people who are in the Chamber today.

Sian, you have an extra minute.

Thank you.

That is a great point. What I see now when I look around this Building and at those who sit in the Chamber is very different from what I saw growing up, particularly in the female representation and age. We have more people with young families. As I look around the Chamber, I see quite a few Members, be they male or female, who have young families. Anything that we can do to create a working environment where more women and parents feel empowered to join us in shaping the future of our society is a good thing.

I welcome the amendments to Standing Orders. To me, they seem to be a necessary acknowledgement that MLAs are people too and require time off for bereavement and other sensitive reasons.

There is one issue on which I would like clarity from the Committee Chairperson. I received correspondence last month from the Committee on Procedures in which it indicated that it will look at proxy voting for long-term illness, bereavement and absence on official business, which you, Chair, acknowledged in your opening remarks. Chairperson, can you confirm that MLAs should not and, indeed, would not be able to take advantage of those provisions if they go on holiday while the Assembly is in session? I ask that in the context that, just last week, a Minister was on holiday and was therefore unable to fulfil her duties in the House, even though the Assembly is in recess next week. I want the record of this debate to be clear that there is no provision in this amendment for any MLA, be they party leaders, Ministers or lowly Back-Benchers like me, to vote by proxy while sitting poolside.

I certainly do not oppose the changes, but I fear that this may be a missed opportunity. The announcement of changes to Standing Orders for paternity or bereavement issues is welcome, but, as the Chair said, there are gaps around child appointments, child sickness and other areas, which, I fear, is a missed opportunity. The proxy voting arrangements that are proposed are too restrictive. COVID showed many's a thing, such as how proxy voting arrangements could be altered and implemented. Certainly, from this end, there seemed to be no issue or problem with that process being in place. It seemed to run smoothly from this end. If there were issues outside or on the technical side, I would be happy to hear about those. However, from here, it seemed to work smoothly. I believe that we need to get back to that system. I have raised that with the Chair in a few previous debates, but I want the Committee to get on board with that.

To be honest, it probably would not be of massive benefit to me, being an MLA in Belfast, unless there were unforeseen circumstances. Proxy voting arrangements would probably benefit bigger parties and people outside Belfast in particular. I am happy to give way if the Chair wants, but some still believe that what happens in this place trumps all and that this is the sole, primary place for political discussions or decisions. However, there is obviously a lot more work taking place outside this Building, and, given the lack of legislation coming through, some would argue that more important work is happening in constituencies, with meetings and groups of individuals and so on.

I thank Mr Carroll for giving way. As a Committee, we considered that and took significant legal advice. Our main point, as I mentioned in my speech, was that we wanted to maintain and uphold the importance of our vote in this place. We are not in COVID times now, so the decision was taken to limit proxy voting to very specific purposes that would have the most benefit and the quickest benefit in the House.

The Committee will look at long-term illness and other options for proxy voting in the future, but, for now, the Standing Order covers just parental leave at time of birth or when there are fostering responsibilities.

Gerry, you have an extra minute.

I appreciate the Chair's comments, but I have responded to the Committee to say that it should look at the wider proxy voting system, as the Chair may know, and I repeat that it is too restrictive. Ultimately, it should be up to MLAs to decide. If they are not in the Building and are deemed to be MIA, they can be voted out by the public, who, ultimately, decide those things.

I think that the current system is too restrictive for all sorts of reasons. There is full proxy voting in France, Luxembourg and New Zealand, and the sky has not fallen in. I was going to ask the Chair about the opposition to the changes, but she alluded to it already.

I also think that the deadline is too restrictive. It does not take into consideration Members who intend to travel in to vote on a debate, but life can change and weather patterns can change, and I am thinking in particular of Members from Derry or the north-west who may be unable to get down the Glenshane Pass but want to vote. Many people could be unintentionally disenfranchised by this too rigorous, restrictive system.

I support the changes proposed today but urge the Committee to consider extending them to a wider range of circumstances.

I call Sinéad Ennis to conclude and make a winding-up speech on the motion. You have 10 minutes.

Go raibh maith agat,

[Translation: Thank you,]

Madam Principal Deputy Speaker.

To remove any element of doubt for some Members, I will say that what we are debating here is a new Standing Order on proxy voting for parental leave. The clue is in the title for people who are a bit confused as to what we are discussing here today.

It is my pleasure to make a winding-up speech on the motion. I will begin by thanking everybody who took part, and I welcome the fact that the debate has been largely positive and welcomed the new Standing Order.

Most MLAs who contributed to the debate will recognise that we are not Assembly employees and that we cannot take leave for maternity, paternity, adoption etc in the same way that an employee can. I appreciate Sian's outlining the difficulties that face new parents, particularly new mothers, when they are in a political role. I know what it is like. I have been in the situation where maternity leave was not an option, and I was answering constituency queries from a maternity ward, which was not ideal.

Overall, in the Chamber today, there has been a broad welcome for the new Standing Order. It will allow MLAs to take such leave and still have their vote count, thus ensuring that they continue to represent their constituencies. The new provision will ensure that a core part of the role that an MLA has been elected to do can still be delivered.

I will pick up on some of the points that Members have raised. Diane talked about the guidance in relation to the Standing Order. The Standing Order is what is being voted on today, and the guidance will issue from the Speaker's Office. The Committee has made suggestions as to what should be in the guidance, but, ultimately, it is up to the Speaker. I assure the Member that the Committee has been in close contact with the Speaker throughout the development of the Standing Order. His thoughts and views have been extremely helpful to the Committee, and I am sure that he has taken note of the comments made by Members today on what may or may not be included in the guidance.

Gerry Carroll asked why the provisions will not extend to other instances such as ill health and bereavement. The Committee did not include other categories in the provisions for proxy voting that I have just outlined. I am aware that other places provide for proxy voting in categories such as ill health, bereavement and absence on official business, but even a quick glance at those categories showed that a number of issues would need to be considered in more detail before such provisions could be introduced to the Assembly. I assure the Member that they are firmly on the Committee's radar, and we may deal with them at a future time.

I thank the Member for giving way so that I can ask her to clarify. Was there agreement or disagreement on the Committee to widen the proxy voting arrangements to have a system similar to the one that was in place during COVID? Does the Member's party agree with that?

I am speaking as Deputy Chairperson of the Procedures Committee and can assure the Member that that was a considerable part of the Committee's consideration. However, once we sat down to look at it, we saw that the breadth of considerations on which we would have to deliberate was large. As the Chairperson said, we decided to do the work in small chunks. COVID was an exceptional time. I am sure that there is learning to be taken from COVID — the arrangements were convenient — but I do not think that we want to be in a place where it is, "Whatever you're having yourself". We need to start by introducing the provisions for parental leave. That is the most pressing concern, but the Committee has committed to looking at other circumstances that we all encounter in our daily life.

Gerry, you also raised the deadline of 4.00 pm. The Committee discussed issues relating to the notification process, including the deadline, and we are aware that some Members would like the deadline to be as late and as flexible as possible. To repeat what the Chairperson said, ensuring that the integrity of our voting system is never called into question was first and foremost in our minds. While having a 9.30 pm deadline on the day worked during the pandemic, it is not ideal. We heard from officials that a sitting day is one of the busiest times of the week in the Business Office. Processes and systems must be put in place to make the proxy voting system work seamlessly and to ensure the integrity of the vote. For that reason, we agreed that the approach suggested by the Speaker of a 4.00 pm deadline would be more suitable. Members may wish to note that the deadline is not provided for in Standing Orders but will be in the guidance.

We see the Standing Order as a progressive and inclusive step that will benefit the Assembly as a whole and bring us into line with other Parliaments. I am pleased that, overall, there has been a warm welcome for it from MLAs, and I commend it to the Assembly.

Before we proceed to the Question, I remind Members that the motion requires cross-community support.

Question put and agreed to.

Resolved (with cross-community support):

After Standing Order 27 insert: "27A Voting by proxy (1) A member (M) may arrange for M’s vote to be exercised by a proxy (P) where— (a) M meets the conditions set out in paragraph 2, (b) the Speaker has published a proxy voting scheme (the Scheme) in accordance with paragraph 3, (c) P is not the Speaker or a deputy Speaker, and (d) M and P have complied with the terms of the Scheme. (2) The conditions are— (a) M could, if an employee, exercise a right to maternity leave, paternity leave, adoption leave, shared parental leave or parental bereavement leave, (b) M is affected by complications arising from pregnancy, including miscarriage, stillbirth and baby loss, or (c) M has fostering responsibilities of a kind prescribed in the Scheme. (3) The Scheme must include— (a) the process by which M may designate P, (b) the period for which a proxy vote may be exercised, (c) how M may vary or withdraw that proxy, and (d) subject to paragraph 4, details of how a proxy vote may be exercised. (4) A proxy vote— (a) may be exercised only in a plenary session of the Assembly, (b) is to be disregarded for the purposes of Standing Order 9 (Quorum), (c) must be recorded as such in the Official Report and the Journal of the Proceedings of the Assembly, (d) may not be exercised in a vote on any of the following— i. a Bill to which section 7A of the 1998 Act applies, ii. the democratic consent process at Schedule 6A of the 1998 Act, iii. any motion which requires the support of a number of members of the Assembly which equals or exceeds two thirds of the total number of seats in the Assembly, and iv. any motion which requires the support of a number of members of the Assembly which equals or exceeds two thirds of the total number of members voting on the motion. (5) In this standing order— ‘employee’ has the meaning given by Article 3 of the Employment Rights (Northern Ireland) Order 1996 ‘the 1998 Act’ means the Northern Ireland Act 1998."