Recommendations & Conclusions
50 items
1
Conclusion
Fifth Report - The Elections Bill
The Committee notes that electoral law in the UK is voluminous and fragmented across a raft of primary legislation and accompanying secondary legislation. We believe that there is a risk that this Bill will add further complexity.
Government response. Electoral law is complex but understood by those who administer elections and referendums. It is robust and we can, as we have in the past, rely on it and our electoral administrators to underpin free and fair elections and have …
2
Conclusion
Fifth Report - The Elections Bill
As the Government itself acknowledges, the time available for legislative change is limited and the matter of consolidating electoral law a long and widely recommended, but challenging undertaking.
Government response. Electoral law is complex but understood by those who administer elections and referendums. It is robust and we can, as we have in the past, rely on it and our electoral administrators to underpin free and fair elections and have …
3
Conclusion
Fifth Report - The Elections Bill
Whilst a number of the proposed measures have been widely supported, including on undue influence, the Government’s decision to focus on several ‘standalone’ reforms shows a lack of ambition. It has missed the only opportunity to bring forward a Bill which simplifies and consolidates electoral law, as has been recommended …
Government response. Electoral law is complex but understood by those who administer elections and referendums. It is robust and we can, as we have in the past, rely on it and our electoral administrators to underpin free and fair elections and have …
4
Conclusion
Fifth Report - The Elections Bill
The Committee urges the Government to set out a timetable for undertaking a wholesale review and consolidation of electoral law. (Paragraph 24) Public and parliamentary consultation and scrutiny
Government response. Electoral law is complex but understood by those who administer elections and referendums. It is robust and we can, as we have in the past, rely on it and our electoral administrators to underpin free and fair elections and have …
5
Conclusion
Fifth Report - The Elections Bill
The Committee notes and regrets that the Bill was not afforded pre-legislative scrutiny.
Government response. The Government does not accept the assertion that there was a ‘lack of pre-legislative consultation and scrutiny’ in the development of the Elections Bill, which is a product of a wide range of views and engagement with the electoral sector, …
6
Conclusion
Fifth Report - The Elections Bill
We note that pre-legislative consultation can build consensus and ensure that the proposals meet their stated objectives. Written and oral evidence to this inquiry infers a strong correlation between elements of the Bill which have received cross- party and wide-ranging public support and on which extensive public consultation was undertaken.
Government response. The Government does not accept the assertion that there was a ‘lack of pre-legislative consultation and scrutiny’ in the development of the Elections Bill, which is a product of a wide range of views and engagement with the electoral sector, …
7
Conclusion
Fifth Report - The Elections Bill
We note that there was limited to no public consultation on more controversial or ‘contested’ elements of the Bill, such as changes to the Electoral Commission, and that pilots on Voter ID were limited.
Government response. The Government does not accept the assertion that there was a ‘lack of pre-legislative consultation and scrutiny’ in the development of the Elections Bill, which is a product of a wide range of views and engagement with the electoral sector, …
8
Conclusion
Fifth Report - The Elections Bill
Given the constitutional significance of the proposed changes to voting and the accountability mechanisms of the regulator of elections, the Committee is disappointed that a Joint Committee was not appointed to scrutinise this Bill in draft, to help ensure the legislation is fit for purpose.
Government response. The Government does not accept the assertion that there was a ‘lack of pre-legislative consultation and scrutiny’ in the development of the Elections Bill, which is a product of a wide range of views and engagement with the electoral sector, …
9
Conclusion
Fifth Report - The Elections Bill
The Committee further notes the Government’s decision to amend the scope of the Bill by including additional measures on the voting system for all Police and Crime Commissioner, Combined Authority Mayoral and London Mayoral elections after the Bill was introduced, had its Second Reading and was part-way through The Elections …
Government response. The Government does not accept the assertion that there was a ‘lack of pre-legislative consultation and scrutiny’ in the development of the Elections Bill, which is a product of a wide range of views and engagement with the electoral sector, …
10
Recommendation
Fifth Report - The Elections Bill
Given the lack of pre-legislative consultation and scrutiny on this constitutionally important Bill and the significant change in scope of the Bill after its introduction and Second Reading, the Government should include a statutory commitment to post- legislative scrutiny of the Bill on the face of the Bill.
Government response. The Government does not accept the assertion that there was a ‘lack of pre-legislative consultation and scrutiny’ in the development of the Elections Bill, which is a product of a wide range of views and engagement with the electoral sector, …
11
Recommendation
Fifth Report - The Elections Bill
We recommend that the Government amend the Bill to introduce a requirement that, within five years of the entry into force of the Act, a committee comprising a majority of Members of the House of Commons is established to review the operation of the Act and, if appropriate in consequence …
Government response. The Government does not accept the assertion that there was a ‘lack of pre-legislative consultation and scrutiny’ in the development of the Elections Bill, which is a product of a wide range of views and engagement with the electoral sector, …
12
Conclusion
Fifth Report - The Elections Bill
The Government has committed to respecting devolved competence where they are touched upon in this Bill. If this were to change, we expect the Committee and the House to be notified of the reasons for such a change in advance of a final vote on the Bill. One of the …
Government response. The UK Government is committed to working constructively with the devolved administrations to ensure that elections work well in the best interests of voters, the electoral sector and those regulated by electoral law so that people can remain confident in …
13
Conclusion
Fifth Report - The Elections Bill
Many of the proposed changes in electoral law are not being made on the face of the Bill, but will be determined by secondary legislation. The melange of delegated powers provided for in this Bill serves to highlight, and potentially adds to, the complexity of an already disparate body of …
Government response. The Government does not accept the assertion that there was a ‘lack of pre-legislative consultation and scrutiny’ in the development of the Elections Bill, which is a product of a wide range of views and engagement with the electoral sector, …
14
Recommendation
Fifth Report - The Elections Bill
The Government should present the draft secondary legislation as early as possible, as committed to by then responsible Minister, Chloe Smith MP, to enable due consideration by both Houses and stakeholders of the proposed secondary legislation that will provide further detail on the purpose and implementation of the Bill prior …
Government response. The Government does not accept the assertion that there was a ‘lack of pre-legislative consultation and scrutiny’ in the development of the Elections Bill, which is a product of a wide range of views and engagement with the electoral sector, …
15
Conclusion
Fifth Report - The Elections Bill
There appears to be potential for a contradiction in the drafting of Schedule 1 as the provisions setting out both the Voter Card and the Anonymous Voter Card leave open the possibility of a limited period of validity. However, the rules for the documents which can be accepted as forms …
Government response. The Government’s intention is that ‘expired’ documents will remain valid for the purpose of voter identification so long as the photograph remains a good likeness, although they have expired for their primary purpose. The Committee is correct that this should …
16
Conclusion
Fifth Report - The Elections Bill
The process of carrying out elections in the UK, the ease with which members of the electorate can cast their vote, and the trust that is shown in and by the electorate in general is an admirable and crucial tenet of our democratic process. These arrangements should be cherished and …
Government response. The Government takes its Public Sector Equality Duty seriously. We have given due regard to it throughout the planning for implementation to date and we have always been clear that we will continue to do so. An Equality Impact Assessment …
17
Conclusion
Fifth Report - The Elections Bill
The Government presented to the Committee a case that there is underreporting of personation at UK elections. While the Government refused to be drawn on how extensive it believes the underreporting has been, it has implied that it is at a significant enough level to justify introducing a compulsory voter …
Government response. The Government takes its Public Sector Equality Duty seriously. We have given due regard to it throughout the planning for implementation to date and we have always been clear that we will continue to do so. An Equality Impact Assessment …
18
Conclusion
Fifth Report - The Elections Bill
There have been concerns raised that introducing a voter ID requirement will negatively impact voter turnout. The evidence from what happened in Northern Ireland in 2003 following the move to a photographic ID suggests that a reduction of around 2.3% is possible. We cannot be sure whether this is a …
Government response. The Government takes its Public Sector Equality Duty seriously. We have given due regard to it throughout the planning for implementation to date and we have always been clear that we will continue to do so. An Equality Impact Assessment …
19
Recommendation
Fifth Report - The Elections Bill
The Government has said the measures in the Bill are proportionate. Given the potential for a significant number of people not to vote as a consequence of the voter ID requirement, the Government should not proceed with its proposals for the introduction of ID for voting until at least it …
Government response. The Government takes its Public Sector Equality Duty seriously. We have given due regard to it throughout the planning for implementation to date and we have always been clear that we will continue to do so. An Equality Impact Assessment …
20
Recommendation
Fifth Report - The Elections Bill
We are pleased to see that the Government has included a monitoring and reporting requirement for voter ID in the Bill. We recommend that close attention is given not only to the number of people who arrive without appropriate ID, but also the demographics of these people. In addition to …
Government response. The Government will carry out thorough research to assess the implementation of the proposed voter identification policy, and analysts will consider how best to assess its impacts. This will not be limited solely to the data collection mandated by the …
21
Recommendation
Fifth Report - The Elections Bill
The Committee appreciates that the Government has included a wide range of forms of identification in its list of acceptable identification in the Bill. The purpose of the Government’s proposals to introduce a voter ID requirement are to ensure that the person who turns up at the polling station is …
Government response. The Government takes its Public Sector Equality Duty seriously. We have given due regard to it throughout the planning for implementation to date and we have always been clear that we will continue to do so. An Equality Impact Assessment …
22
Recommendation
Fifth Report - The Elections Bill
We are concerned that the voter ID requirement will be burdensome to poll station staff. Many of the practicalities of the voter ID system are still to be set out and the Committee intends to monitor these closely. We recommend that all regulations establishing the voter ID system are provided …
Government response. The Election Bill’s corresponding secondary legislation is being developed in parallel with the primary legislation going through Parliament in order to maximise time available to gain input from others with an interest in the application and delivery of the policy …
23
Recommendation
Fifth Report - The Elections Bill
We welcome the Government’s move to update electoral law to widen the requirement for anyone and everybody who may have a disability or a need for support in casting their vote. We also take on board the concerns expressed by the Royal National Institute for the Blind and Sense about …
Government response. It is integral to our democracy that everybody is able to make their voice heard and that elections are accessible for all those eligible to vote. As the Government has outlined previously, the Electoral Commission will produce guidance to support …
24
Recommendation
Fifth Report - The Elections Bill
There will inevitably be cost implications associated with widening the support for people with disabilities. The Government should set out how much it expects new equipment to cost and indicate what financial support will be made available to local authorities to meet the new requirements. (Paragraph 110) 68 The Elections …
Government response. The Government recognises that there will be costs associated with delivering additional support for disabled voters. As is usual for programmes of this kind, the Government will meet the cost of the new burdens that flow from the implementation of …
25
Conclusion
Fifth Report - The Elections Bill
The Government’s reasons for making these changes to the laws on postal voting appear valid and justified to the Committee. The Committee recommends that the Government sets out regulations to the effect that local authorities must notify people in advance of the expiry of a postal vote to ensure that …
Government response. The Government welcomes the Committee’s comments on the postal voting measures. The Bill will limit the period a person’s application covers to three years. Under the transitional arrangements set out in the Bill, the measure will be phased in for …
26
Conclusion
Fifth Report - The Elections Bill
We agree with the Government that it is sensible to limit the number of proxy votes that can be exercised by individuals to two for domestic electors, and four for overseas electors. (Paragraph 118) Overseas electors and changes to the franchise for foreign nationals
Government response. The Government welcomes the Committee’s comments on the postal voting measures. The Bill will limit the period a person’s application covers to three years. Under the transitional arrangements set out in the Bill, the measure will be phased in for …
27
Conclusion
Fifth Report - The Elections Bill
The Committee welcomes the removal of the 15-year limit on overseas electors participating in UK parliamentary elections.
Government response. The intention behind the proposed changes to EU citizens’ voting and candidacy rights is to update the franchise to appropriately reflect that the UK has left the European Union, and that the concept of the UK participating in joint EU …
28
Conclusion
Fifth Report - The Elections Bill
The proposals in the Bill on voting and candidacy rights of EU citizens would create a complex system that is likely to lead to confusion and difficulties for electoral administrators, electoral campaigners and voters in determining who is eligible to vote and stand for elections at local government elections in …
Government response. The intention behind the proposed changes to EU citizens’ voting and candidacy rights is to update the franchise to appropriately reflect that the UK has left the European Union, and that the concept of the UK participating in joint EU …
29
Conclusion
Fifth Report - The Elections Bill
The Committee notes widespread concerns presented in written and oral evidence to this Committee that there was no formal or public consultation on these proposals and that there is a lack of supporting evidence to demonstrate that the proposed measures are both necessary and proportionate.
Government response. The intention behind the proposed changes to EU citizens’ voting and candidacy rights is to update the franchise to appropriately reflect that the UK has left the European Union, and that the concept of the UK participating in joint EU …
30
Conclusion
Fifth Report - The Elections Bill
The Committee reiterates the importance in upholding the actual and/or perceived independence of the regulator and considers that effective scrutiny of the Electoral Commission’s work by the UK’s Parliaments is essential to ensuring the Commission is held to account in the discharge of its statutory duties. A regulatory framework which …
Government response. The Government agrees that it is crucial that Parliament is clear on the effect and implications of proposals relating to the accountability of the Electoral Commission introduced by the Elections Bill. For this reason, the Government has already tabled three …
31
Recommendation
Fifth Report - The Elections Bill
The Committee considers that the substantive duty of the Electoral Commission to “have regard to the Statement” should be clarified. We recommend that the Bill be amended to provide that the Electoral Commission is able to depart from the guidance set out in the Statement if it has a statutory …
Government response. The Government agrees that it is crucial that Parliament is clear on the effect and implications of proposals relating to the accountability of the Electoral Commission introduced by the Elections Bill. For this reason, the Government has already tabled three …
32
Conclusion
Fifth Report - The Elections Bill
The Committee considers that the proposed consultation procedures require further clarification to ensure a transparent and meaningful consultation process.
Government response. The consultation mechanism for the designation of the Strategy and Policy Statement is already outlined in detail in new sections 4C, 4D and 4E of PPERA. The provisions state clearly that the Secretary of State must review and consult all …
33
Recommendation
Fifth Report - The Elections Bill
The Committee urges the Government to provide guidance, as a matter of urgency, on the proposed consultation mechanisms, which should be agreed with the list of statutory consultees in advance of publication. We recommend that the guidance: a) sets out who will be consulted and when: b) provides minimum timeframes …
Government response. The consultation mechanism for the designation of the Strategy and Policy Statement is already outlined in detail in new sections 4C, 4D and 4E of PPERA. The provisions state clearly that the Secretary of State must review and consult all …
34
Recommendation
Fifth Report - The Elections Bill
Given the Government’s stated objective of improving parliamentary scrutiny of the Electoral Commission, we recommend the application of the ‘super-affirmative procedure’ for approval of the Statement, to ensure that parliamentarians have the formal opportunity to feed into and make recommendations on the draft Statement before it is laid for approval …
Government response. As outlined by the then Minister for the Constitution and Devolution in evidence to the Committee on 14 September 2021, the Government considers that the affirmative resolution procedure will provide both Houses of Parliament with appropriate and meaningful opportunities to …
35
Recommendation
Fifth Report - The Elections Bill
At a minimum, under the affirmative procedure, the Government should set a precedent for any future governments by committing to find time for a debate on the Floor of the House of the Statement once laid in draft for approval.
Government response. As outlined by the then Minister for the Constitution and Devolution in evidence to the Committee on 14 September 2021, the Government considers that the affirmative resolution procedure will provide both Houses of Parliament with appropriate and meaningful opportunities to …
36
Conclusion
Fifth Report - The Elections Bill
The Committee would support any measures that increase transparency in the way the Electoral Commission’s compliance with the Statement is assessed by the Speaker’s Committee.
Government response. The Government notes that this recommendation is addressed to the Speaker’s Committee which, under paragraph 3 of Schedule 2 to PPERA, can set out its own procedure.
37
Conclusion
Fifth Report - The Elections Bill
The Speaker’s Committee may wish to develop the use of SMART objectives in monitoring and assessing the Electoral Commission’s compliance with the Statement. Furthermore, reports should clarify the consequences of any disagreement(s) between the Electoral Commission and the Speaker’s Committee.
Government response. The Government notes that this recommendation is addressed to the Speaker’s Committee which, under paragraph 3 of Schedule 2 to PPERA, can set out its own procedure.
38
Conclusion
Fifth Report - The Elections Bill
Noting the importance in maintaining the perceived and actual independence of the Electoral Commission, the body which scrutinises the Electoral Commission’s compliance with the Statement and will play a key role in the consultation process (including providing any objections to the disapplication of the consultation procedures) must itself be seen …
Government response. The Government notes that this recommendation is addressed to the Speaker’s Committee which, under paragraph 3 of Schedule 2 to PPERA, can set out its own procedure.
39
Conclusion
Fifth Report - The Elections Bill
The Government has not demonstrated that the proposed measures impacting the Electoral Commission are both necessary and proportionate, and therefore risks undermining public confidence in the effective and independent regulation of the electoral system.
Government response. The Government disagrees with the Committee’s recommendation in paragraph 193. The public rightly expects effective and independent regulation of the electoral system. The Electoral Commission has a vital role to play in upholding the integrity of free and fair elections …
40
Conclusion
Fifth Report - The Elections Bill
The Committee considers that transparency and confidence in the proposed measures impacting the Electoral Commission could have been enhanced if the Government had first conducted a public consultation on the proposed measures— including the consultation, designation and approval mechanisms for the Statement, and changes in the composition of the Speaker’s …
Government response. The Government disagrees with the Committee’s recommendation in paragraph 193. The public rightly expects effective and independent regulation of the electoral system. The Electoral Commission has a vital role to play in upholding the integrity of free and fair elections …
41
Conclusion
Fifth Report - The Elections Bill
The Committee’s inquiry into the work of the Electoral Commission is ongoing, covering a wide range of issues including the regulator’s governance and accountability arrangements.
Government response. The Government is grateful for the Committee’s report on the Elections Bill and its upcoming report on the Work of the Electoral Commission. The report was published after the Bill was introduced. Political parties have not been consulted on the …
42
Recommendation
Fifth Report - The Elections Bill
We recommend that—notwithstanding the proposed recommendations set out above in paragraphs 150, 161, 167, 168 and 178—Clauses 13 to 15 of the Bill are removed, pending a formal public consultation on the proposed measures and to take into account any recommendations put forward by this Committee in its final report …
Government response. The Government disagrees with the Committee’s recommendation in paragraph 193. The public rightly expects effective and independent regulation of the electoral system. The Electoral Commission has a vital role to play in upholding the integrity of free and fair elections …
43
Conclusion
Fifth Report - The Elections Bill
The Government has not clarified whether more resources and training will be provided to the police and Crown Prosecution Service (CPS) and Public Prosecution Service in Northern Ireland (PPS) to investigate alleged criminal offences under PPERA.
Government response. In response to the Committee’s recommendations in paragraphs 200, 201 and 202, the Government is committed to making sure that elections are secure and fit for the modern age. As part of this, we keep the Electoral Commission’s role and …
44
Recommendation
Fifth Report - The Elections Bill
The Government should set out how it will “support the police as necessary to enforce electoral regulation proactively and effectively”, as committed by the Government in its letter to the Committee of 7 October 2021, including what resources it will make available to the police to investigate and bring forward …
Government response. In response to the Committee’s recommendations in paragraphs 200, 201 and 202, the Government is committed to making sure that elections are secure and fit for the modern age. As part of this, we keep the Electoral Commission’s role and …
45
Recommendation
Fifth Report - The Elections Bill
We urge the Government to commit to review, monitor and report on potential criminal breaches under PPERA and their enforcement, which would assist in bringing forward any further legislative changes to either the civil and/or criminal sanctioning regimes. The Government should publish its findings and lay a Statement in Parliament …
Government response. In response to the Committee’s recommendations in paragraphs 200, 201 and 202, the Government is committed to making sure that elections are secure and fit for the modern age. As part of this, we keep the Electoral Commission’s role and …
46
Recommendation
Fifth Report - The Elections Bill
The Government should also commit to undertaking a review of the civil sanctioning regime for electoral law offences and its interplay with criminal prosecutions under PPERA and the RPA, providing a timetable for consultation and review of the CSPL’s recommendations in this regard. (Paragraph 202) Regulation of Expenditure
Government response. In response to the Committee’s recommendations in paragraphs 200, 201 and 202, the Government is committed to making sure that elections are secure and fit for the modern age. As part of this, we keep the Electoral Commission’s role and …
47
Conclusion
Fifth Report - The Elections Bill
We note the Government’s insistence that it is not able to incorporate a number of measures in the Bill now that it has been introduced. However, the Government has changed the scope of the Bill after introduction by amending the Bill at Committee stage to bring about a change in …
Government response. The Government disagrees with the Committee’s recommendation in paragraph 193. The public rightly expects effective and independent regulation of the electoral system. The Electoral Commission has a vital role to play in upholding the integrity of free and fair elections …
48
Recommendation
Fifth Report - The Elections Bill
The Government’s response to the CSPL report on electoral finance regulation provides no indication of which of its recommendations (not already included in the Bill) the Government is likely to adopt (via amendment), prioritise for consultation or when or how the Government proposes to give legislative effect to recommendations that …
Government response. The UK has a comprehensive regulatory framework and political finance measures in the Elections Bill will strengthen three important components of this framework: fairness, transparency and controls against foreign spending. The Elections Bill is bringing forward the key changes to …
49
Recommendation
Fifth Report - The Elections Bill
Acknowledging the need for legislation to keep pace with rapid technological changes, the Government should commit to monitoring and conducting regular reviews of the digital imprints scheme, to ensure effectiveness in the monitoring and enforcement of the legislation and to prevent any unintended consequences or loopholes. (Paragraph 224) Simple majority …
Government response. As with any primary legislation initiated by the Government, we are committed to monitoring the impact of the measures relating to digital imprints against the key policy objectives on a number of relevant indicators. This is to ensure that digital …
50
Conclusion
Fifth Report - The Elections Bill
Regardless of the benefits or disadvantages of the changes made by the Bill to the electoral system for those offices, the manner in which the proposed legislative change was brought about is unsatisfactory. Making changes such as this after the Bill has been introduced and debated at Second Reading is …
Government response. The Government disagrees with the Committee’s recommendation in paragraph 193. The public rightly expects effective and independent regulation of the electoral system. The Electoral Commission has a vital role to play in upholding the integrity of free and fair elections …