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Scottish Government Consultation on Proxy Voting for Councillors

Argyll and Bute Council · 21 November 2024
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ARGYLL AND BUTE COUNCIL       COUNCIL
LEGAL AND REGULATORY SUPPORT       21 NOVEMBER 2024 
SCOTTISH GOVERNMENT CONSULTATION ON PROXY VOTING FOR
COUNCILLORS 
1.0 EXECUTIVE SUMMARY 
1.1 Concerns have been raised with the Scottish Government around the absence
of proxy voting provision for Councillors, specifically the absence of explicit
provisions allowing for proxy voting for councillors on parental leave, or those
who are unable to attend for other reason such as an accident or serious illness. 
The Scottish Government have issued a consultation and this report sets out the
current position and provides a draft response for Council agreement. 
1.2 The consultation closes on 28 November 2024 with further detail to be found
here Proxy voting by councillors: consultation - gov.scot 
1.3 Recommendations:- 
1.3.1 Council is asked to consider the contents of the report and the draft consultation
response for submission to the Scottish Government.

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ARGYLL AND BUTE COUNCIL       COUNCIL 
LEGAL AND REGULATORY SUPPORT     21 NOVEMBER 2024 
SCOTTISH GOVERNMENT CONSULTATION ON PROXY VOTING FOR
COUNCILLORS 
2.0 INTRODUCTION 
2.1 The Scottish Government has issued a consultation looking at the idea of
making a provision for Local Authority Councillors to have the option for votes to
be undertaken by proxy in specific circumstances.
2.2 This report provides detail on the terms of the consultation and a draft response
for agreement by Council.  
3.0 RECOMMENDATIONS 
3.1 Council is asked to consider the contents of the report and the draft consultation
response for submission to the Scottish Government.
4.0 DETAIL 
4.1 Concerns have been raised with the Scottish Government around the absence
of proxy voting provision for Councillors, specifically the absence of explicit
provisions allowing for proxy voting for councillors on parental leave, or those
who are unable to attend for other reason such as an accident or serious illness.
4.2 Section 43 and Schedule 7 of the Local Government (Scotland) Act 1973
required councillors to attend meetings and vote in person. Section 43 of the
Local Government in Scotland Act 2003 then made provision for the remote
participation in and calling of local authority meetings. This section allows for
meetings (including committees, joint committees and sub-committees) to be
conducted in any way in which each member is enabled to participate, even if
not physically present. It also amended Schedule 7 of the 1973 Act to change
the relevant references from “presence” to “participation”. This allows the
provisions of schedule 7 to take effect even if members are not physically
present.

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4.3 However, there are no provisions which explicitly allow for proxy voting. There
may be an argument that section 43 of the 2003 Act, by allowing local authority
meetings to be conducted as long as members are participating, even if not
present, already allows the use of proxy voting. However, there may be room for
doubt as to the correct position and local authorities could face challenge. 
4.4 The Government have suggested possible options to facilitate a form of proxy
voting and these are outlined in the consultation.  Options such as pairing or
substitute members are some of the ideas which are suggested, however it is
recognised that these options would be more problematic in smaller authorities
or where there are a number of Independent Councillors as is the case with
Argyll and Bute.
4.5 Therefore the proposal is that the Scottish Government would amend the Local
Government (Scotland) Act 1973 to enable a Councillor in Scotland to arrange
for their vote to be cast by a proxy. A further amendment would also be made
which would require local authorities to agree and publish a scheme setting out
how proxy voting would work in practice, where they choose to introduce proxy
voting.
4.6 The operational details, including the criteria of the scheme would not be set out
in legislation. It would be for local authorities to determine how a scheme could
work in practice and under which circumstances proxy voting could be available,
should they wish to allow for it. Joint guidance would be produced by COSLA
and the Scottish Government to assist the drafting of the operational scheme.
4.7 The following criteria are suggested for inclusion within the operational guidance
as suggestions on where proxy voting could be appropriate: 
i.  maternity leave, paternity leave, parental leave, shared parental leave or
adoption leave; 
ii. complications arising from pregnancy, childbirth, miscarriage or baby
loss; 
iii. serious long-term illness or injury; 
iv. bereavement; 
v. attending to a person who is near the end of their life; 
vi. any other reason subject to agreement of the full Council.
4.8 The Government are clear that at the moment there is no suitable legislative
opportunity to introduce this amendment should the consultation support the
introduction of proxy voting. They have stated that they will continue to support
authorities to investigate other options to enable Councillor participation until
such time an amendment can be introduced.  
4.9 As it stands the Council already has provision for Councillors to attend meetings
remotely and has invested in the technology to facilitate Hybrid meetings going
forward.

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5.0 CONCLUSION
5.1 The Scottish Government is currently undertaking a consultation on the
possibility of making provision which would allow Local Authority Councillors to
vote by proxy.  Council is being asked to consider the detail and agree a
response for submission to the Scottish Government to be sent by the deadline
of 28th November 2024.  
6.0 IMPLICATIONS
6.1 Policy – if this was brought forward the Council’s Constitution would require to
be amended accordingly.
6.2 Financial - none
6.3  Legal – all legal points would be considered.
6.4  HR - none
6.5  Fairer Scotland Duty: 
6.5.1   Equalities - protected characteristics - none 
6.5.2   Socio-economic Duty - none 
6.5.3  Islands - none
6.6 Climate Change - none 
6.7 Risk - none
6.8  Customer Service - none
6.9 The Rights of the Child (UNCRC) - none 
Douglas Hendry
Executive Director with responsibility for Legal and Regulatory Support
Policy Lead – Councillor Mark Irvine
25 October 2024                                                  
For further information contact: David Logan, Head of Legal and Regulatory
Support 
APPENDICES
Appendix 1 – Draft Consultation response.

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Appendix 1
Proxy Voting By Councillors
Respondent Information Form
Please Note this form must be completed and returned with your response.
To find out how we handle your personal data, please see our privacy policy:
https://www.gov.scot/privacy/ 
Are you responding as an individual or an organisation?   
Individual
x Organisation
Full name or organisation’s name 
Phone number 
Address 
Postcode 
Email Address 
The Scottish Government would like your 
permission to publish your consultation 
response. Please indicate your publishing 
preference:
x Publish response with name 
Publish response only (without name) 
Do not publish response
We will share your response internally with other Scottish Government policy teams
who may be addressing the issues you discuss. They may wish to contact you again
in the future, but we require your permission to do so. Are you content for Scottish
Government to contact you again in relation to this consultation exercise?
x Yes 
No 
Argyll and Bute Council
Kilmory Lochgilphead Argyll, 
PA31 8RT 
Information for organisations:
The option 'Publish response only (without
name)’ is available for individual respondents
only. If this option is selected, the organisation
name will still be published. 
If you choose the option 'Do not publish
response', your organisation name may still be
listed as having responded to the consultation
in, for example, the analysis report.

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Questionnaire
Question 1
Do you agree that an explicit provision should be introduced to allow a councillor to
arrange for their vote to be cast by proxy
x Yes 
No
Question 2
Do you agree with the optional criteria which could be applied by a local authority to
allow for proxy voting:
i. maternity leave, paternity leave, parental leave, shared parental leave or
adoption leave; 
ii. complications arising from pregnancy, childbirth, miscarriage or baby loss; 
iii. serious long-term illness or injury; 
iv. bereavement; 
v. attending to a person who is near the end of their life; 
vi. any other reason subject to agreement of the full Council. 
x Yes 
No
Question 3
Are there any further comments that you wish to make on the proposal to allow for
proxy voting (300 words maximum) 
While there is the potential for informal pairing agreements along the lines of those
previously used in the Scottish Parliament prior to its introduction of explicit proxy
voting provisions, Argyll and Bute Council does not currently operate such an
informal arrangement.
It is recognised that there may be difficulties in Councils in being able to operate and
monitor an informal system of proxy voting, which would involve close consideration
of s 35 of the Local Government (Sc) Act which provides “if a member of a local
authority fails throughout a period of six consecutive months to attend any meeting of
the authority, he shall, unless the failure was due to some reason approved by the
authority, cease to be a member of the authority.” 
Representation and attendance by Councillors at Council meetings is a fundamental
expectation of the electorate in a democratic process and any process for proxy
voting must recognise that.
Arrangements introduced during the Covid period to facilitate online and hybrid
meetings, allowing Councillors to be present in person or virtually, have made
meetings more accessible with attendance on a more flexible basis.