Representation of the People Act 1983 Remedial (Scotland) Order 2025: equality impact assessment

Consultation

The Scottish Government has consulted with the UK Government, the Electoral Commission, the Electoral Management Board for Scotland and the Electoral Registration Committee of the Scottish Assessors Association (representing EROs) in preparing this Order.

The issue featured in the Scottish Government’s consultation on electoral reform held in 2022/23^[2]. Two questions were asked:

Question 21: Should voting rights in Scottish Parliament and Local Government elections be extended to some or all persons detained on mental health grounds related to criminal justice?

Question 22: Do you have any additional comments on voting rights for persons detained on mental health grounds related to criminal justice?

All organisations who expressed a view on question 21 were in favour. However, four fifths of individuals (81%) were against extending voting rights to this group. The Scottish Government published an independent analysis of the consultation on 31 July 2023. Copies of the consultation, responses and the analysis are available on the Scottish Government’s website^[3].

The consultation followed a recommendation by the Final Report of the Scottish Mental Health Law Review in September 2022 to extend voting rights to people detained under mental health legislation.^[4]

The Government subsequently undertook a detailed assessment of the measures detailed in section 3A of the Representation People Act 1983 in respect of which voting rights in Scottish Parliament and local government elections are barred. This analysis resulted in this Order.

Human Rights

The change in the Order to modify the blanket prohibition on persons detained on mental health grounds under orders and directions relating to criminal justice to vote in Scottish Parliament elections will ensure that Scots law is not in breach of Article 3 of Protocol 1 of the ECHR.

Awareness

The Scottish Government understands the importance of ensuring that voters are aware of how to register to vote and how to cast their vote. The Electoral Commission is considering how best to promote public awareness amongst those enfranchised by the Order. This will cover how and when to register and how and when to vote.

EROs will also have a role to play in encouraging and facilitating registration of all those who will be able to vote.

The Electoral Commission and EROs are likely to target their awareness raising activities to ensure new voters understand the registration and voting process.