§ Mr. DonohoeTo ask the Secretary of State for Scotland what statutory provisions govern the voting rights of people with learning difficulties; what plans he has to ensure that people with learning disabilities are given better opportunities to vote; and if he will make a statement.
§ Lord James Douglas-HamiltonThe statutory provisions are contained in the representation of the people and the mental health legislation. To be entitled to vote all electors must satisfy criteria of eligibility and competence. Eligibility is governed by the registration process and it is the responsibility of electoral registration officers to determine whether or not an applicant satisfies the statutory conditions, including the common law requirement that an elector should not lack the capacity to vote because of profound learning difficulties. At an election the presiding officer also carries a responsibility to satisfy himself as to the elector's capacity to vote.
The Scottish Office Home and Health Department will shortly be issuing revised guidance on these matters to electoral registration officers.