We’ve submitted evidence to the recent inquiry on whether Parliament should introduce a more formal system of voting by proxy. You can read our submission here, and see submissions from other organisations and individuals on Parliament’s website.

Voting by proxy is the practice of allowing someone else to cast your vote for you. In Parliament, when MPs go on extended leave, for example when they have a baby, there is no formal system in place; rather, arrangements are often made informally and, potentially, inconsistently.

A Member may approach a whip to request that they are paired with an MP from the opposition who will not be voting either, thus effectively cancelling out the votes that would have been cast. Apparently, there is also an informal tradition of allowing infirm or incapacitated (for example, because they are carrying a baby in their arms) representatives to vote from outside the chamber, but only when present within the precincts of the House. We were interested to see a remark in David Lammy MP’s own evidence:

I would also hope that the Committee might consider some way to end the practice notorious from the late 1970s of bringing seriously sick Members into Westminster in order to vote. This would carry severe reputational risk if repeated nowadays.

Why are we interested?

The inquiry is a direct result of the recent debate, on International Women’s Day, in which Harriet Harman led the call for a more formal system of voting by proxy for members on extended leave (and particularly on ‘baby leave’).

We agree that it’s important Parliament formalises this system, and we fully support any measure that will make life easier for parents, or those on extended leave for other life-changing reasons. And of course, we’re very much in favour of any initiative which will make parliamentary arrangements more transparent and accessible to the general public, which after all is the whole reason TheyWorkForYou exists.

But we also have a further interest in this subject. As you may recall, we were called out by MPs (and subsequently members of the public) for misrepresenting representatives on leave, since our site TheyWorkForYou was not displaying this information, leaving potential for members of the public to believe that such MPs were not attending to their duties.

In response to this, we are now able to manually add notes to the profile pages of those MPs who request it. However, as we outlined in our prior posts it’s not an ideal solution for a number of reasons, as summarised in our inquiry response.

We’re hoping that once the proxy voting system is formalised, the relevant information (that is, who is on extended leave, that a proxy is voting in their place, and the name of the proxy) will be released along with Parliament’s existing data outputs. You can read more about that in our response, but in short, this would allow us to display the information consistently and automatically, as we do for virtually all the rest of the information on TheyWorkForYou.

But it won’t only be useful for us. It’ll allow for the data to be displayed on Parliament’s own website, and of course will be of help to any website or tool which deals with Parliamentary activity and makes it easier for everyone to understand.

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Image by Jessica Taylor (Parliamentary copyright, reproduced with the permission of Parliament). “Ayes to the right, noes to the left”. When there is a vote in the Commons, MPs leave their seats and walk into either the Aye or No lobby.

The Freedom of Information Code of Practice is a set of guidelines for the public authorities that are liable to respond to requests for information under the FOI Act. It advises these bodies on how to adhere to the law and what counts as best practice.

The Cabinet Office recently ran a consultation on proposed revisions to the Code of Practice. Since this Code directly relates to the activities of the website WhatDoTheyKnow, and the services it provides for our users, we put in a response, which you can view here.

The response was submitted under the joint names of WhatDoTheyKnow, our FOI codebase project Alaveteli, and mySociety itself, having been worked on by the WhatDoTheyKnow volunteer team, those working on the Alaveteli project, and mySociety’s researchers. Between them there is a substantial amount of experience and knowledge on FOI in the UK: much of our response is based on our experience in helping users to obtain information from public bodies.

Indeed, our response commented on points which we felt particularly affect our users; among other issues, we responded on:

• Timeliness of responses, including the introduction of time limits for internal review and public interest test extensions, and the importance of prompt responses to requests which inform current public debate.
• The use of pseudonyms by those making requests: what counts as a pseudonym; whether this should be one of the indications that can be used to label a request as vexatious, and whether authorities might, at their own discretion, process a request even if pseudonymous.
• Proactive publication, including the point that routine publishing of data may be more efficient and cheaper than responding to individual repeated requests. One suggestion is that every Freedom of Information request should prompt a consideration by the public body of whether the kind of information requested could practically be routinely published.
• The application of fees to a request: the desirability of pointing out that most FOI requests do not incur a charge and that the requester will never be charged without notice. People can be deterred by the prospect of fees, and bodies’ responses often contain worrying notices about them in their emails and on Freedom of Information web-pages, when in reality they are rarely applied.
• The means of communication: that requests made by email, unless the requester specifies otherwise, should be taken as a preference for a response by email; the ease of making FOI requests; and the ease of using data in the format provided in any response.

We replied on several other points too, including the status of the Code of Practice itself. It was issued in 2004, and has not been updated since, and in fact it’s not a document that we use regularly when we’re advising users or corresponding with public bodies about the application of Freedom of Information law.

The high quality guidance which we, and our users, do use on a day-to-day basis comes from the Information Commissioner, so we suggested the Government consider whether, and if so how, the Code of Practice could incorporate, or endorse that documentation.

One other important point is that the Code of Practice constitutes guidance rather than law, so any welcome shifts in policy that it endorses should ideally be reflected in the law too.

As a case in point, while the Freedom of Information Act has always covered information “held on behalf” of a public body, the proposed Code of Practice sought to make information held by contractors working for public bodies more accessible in practice: we welcome this but we do caution that issuing a new Code of Practice is not a substitute for amending the law, if that’s what’s required.

If you are interested, do read our submitted document in full.

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Image: Nick Youngson (CC by-sa/3.0)

In June this year, a Lords Select Committee on Citizenship and Civic Engagement was appointed. Submissions of written evidence were invited, and of course, this being very much our area, we felt the need to contribute.

Our written evidence is a fairly quick read. Nonetheless we hope that it gets the essential points across, drawing on our experience in what works and what doesn’t in technology for civic engagement.

You can view all the submissions the inquiry received on the Parliament website. The committee will report their findings by the end of March next year.

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Image: Daniel Funes Fuentes (Unsplash)

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