Recommendations & Conclusions
14 items
5
Conclusion
Fifth Report - The Elections Bill
Rejected
The Committee notes and regrets that the Bill was not afforded pre-legislative scrutiny.
Government response AI summary
The government rejects the committee's regret regarding the lack of pre-legislative scrutiny for the Elections Bill, detailing extensive engagement, consultations, parliamentary reports, and voter identification pilots that took place.
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6
Conclusion
Fifth Report - The Elections Bill
Rejected
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.
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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.
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Government response AI summary
The government rejects the implied criticism about pre-legislative consultation, stating the Elections Bill was developed with wide-ranging engagement from the electoral sector, civil society, parliamentarians, and various consultations.
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7
Conclusion
Fifth Report - The Elections Bill
Rejected
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 AI summary
The Government rejected the assertion of limited consultation, stating the Bill was developed with wide engagement, stemmed from parliamentary reports, included four direct government consultations, and was preceded by voter identification pilots.
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8
Conclusion
Fifth Report - The Elections Bill
Rejected
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.
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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.
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Government response AI summary
The government rejects the committee's disappointment about not appointing a Joint Committee for draft scrutiny, asserting that extensive pre-legislative consultation and other forms of scrutiny were already undertaken for the Elections Bill.
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13
Conclusion
Fifth Report - The Elections Bill
Rejected
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 …
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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 electoral law. We are disappointed that more of the detail regarding how the measures to be introduced via this Bill are to be implemented is being left to secondary legislation rather than being included on its face.
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Government response AI summary
The Government rejected the implied criticism of using secondary legislation, explaining it is essential for technical detail and flexibility given the Bill's scope. It committed to sharing information and published policy statements detailing proposals for implementation, such as voter identification.
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19
Recommendation
Fifth Report - The Elections Bill
Rejected
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 …
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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 has set out the criteria that were used in this proportionality assessment and explained the weight given to each criteria in the assessment. The Committee notes the widely voiced concerns about the potential impact of the introduction of mandatory voter ID on certain societal groups and for some with protected characteristics, including people with disabilities, members of LGBTQ + communities, black and ethnic minority groups and older people and consequently recommends that the Government pauses legislation on this issue until The Elections Bill 67 further research and consultation has been undertaken into the impact on these groups and the potential of any mitigation measures with the aim of securing greater agreement for any voter ID proposals.
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Government response AI summary
The government rejected the recommendation to pause legislation for further research and consultation, stating that an Equality Impact Assessment was already published, measures like free Voter Cards address accessibility, and substantial research has been carried out.
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21
Recommendation
Fifth Report - The Elections Bill
Rejected
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 …
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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 the named person on the electoral register. To meet this requirement, all that is needed is an ID that has the person’s name and their photograph. We recommend that any ID issued by a public authority, educational institutions, approved schemes such as PASS ID or a transport providers should be accepted as proof of identification for the purposes of voting at a polling station. To ensure clarity for administrators, the Government should produce a standardised design/guides for public bodies, educational institutions and transport providers to follow on issuing ID such as the inclusion of a PASS ID hologram.
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Government response AI summary
The government rejects the recommendation to accept a broader range of IDs, instead defending its current list as having been drawn up with accessibility and security in mind, and highlights the provision of free Voter Cards and communication efforts.
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28
Recommendation
Fifth Report - The Elections Bill
Rejected
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 …
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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 England and Police and Crime Commissioner elections in England and Wales. People from the same country will have different rights depending when they arrived in the UK. The Committee recommends that the Government considers further the option of a residency-based approach in future reforms. (Paragraph 130) The Electoral Commission
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Government response AI summary
The government rejects the committee's recommendation to consider a residency-based approach for EU citizens' voting and candidacy rights, reiterating its unchanged position that UK residency does not automatically confer participation in democratic processes.
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31
Recommendation
Fifth Report - The Elections Bill
Rejected
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 …
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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 duty to do so or if it reasonably believes it is justified in specific circumstances. This amendment is necessary to give effect to the Government’s stated intention that the Statement will not amount to a power to direct the Electoral Commission, and to protect the Electoral Commission’s independence. (Paragraph 150) The Elections Bill 69
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Government response AI summary
The government rejected the recommendation to amend the Bill, arguing that the existing clause already implicitly allows the Electoral Commission to weigh the Strategy and Policy Statement against other considerations, thus maintaining its operational independence without further clarification on the Bill's face.
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33
Recommendation
Fifth Report - The Elections Bill
Rejected
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 …
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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 for the statutory consultees to respond; c) clarifies, through the use of examples, “necessary” in new section 4C(3) (Secretary of State’s power to amend following consultation) so that consultees have some certainty regarding their submissions and the Secretary of State is prevented from refusing to make amendments that would encroach on the Electoral Commission’s independence; and d) clarifies when new section 4(E)4 consultation requirements are likely to be disapplied.
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Government response AI summary
The government rejects the recommendation to provide guidance, stating that the consultation mechanisms are already clearly outlined in detail within new sections 4C, 4D, and 4E of PPERA and therefore do not require further definition.
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34
Recommendation
Fifth Report - The Elections Bill
Rejected
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 …
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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 (via the ‘affirmative’ parliamentary approval procedure). We consider this additional scrutiny step is necessary and proportionate given the novelty and importance of the Statement.
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Government response AI summary
The Government rejected the recommendation for the super-affirmative procedure, stating that the affirmative resolution procedure will provide sufficient opportunity for parliamentary debate and scrutiny of the Strategy and Policy Statement.
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39
Conclusion
Fifth Report - The Elections Bill
Rejected
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.
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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.
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Government response AI summary
The government disagrees with the committee’s conclusion, stating its proposals are necessary and proportionate for reforming the Electoral Commission's accountability while respecting its independence.
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40
Recommendation
Fifth Report - The Elections Bill
Rejected
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 …
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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 Committee.
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Government response AI summary
The government disagrees with the committee’s recommendation, maintaining its proposals are necessary and proportionate for reforming the Electoral Commission's accountability.
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42
Recommendation
Fifth Report - The Elections Bill
Rejected
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 …
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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 on the work of the Electoral Commission.
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Government response AI summary
The government disagrees with the recommendation to remove Clauses 13 to 15, asserting its proposals are necessary and proportionate for reforming the Electoral Commission's accountability.
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