Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 1
1
Acknowledged
Paragraph: 13
It has been twenty years since the Electoral Commission was established and we believe it...
Conclusion
It has been twenty years since the Electoral Commission was established and we believe it still plays a fundamental role in overseeing free and fair elections and referendums and regulating political finance, and should continue to do so. However, its ability to effectively fulfil its statutory functions is directly impacted by the unnecessary complexity of the law governing this area. There is a consensus that the law is in urgent need of rationalisation and simplification, and the Government missed an opportunity with the Elections Act 2022 to build an elections framework fit for the modern day. We are concerned by the reluctance from the Government to prioritise the necessary reform of electoral law. Changes to the way the Electoral Commission works will only go so far without a consolidated legal framework for elections and referendums for it to operate within.
Government Response Summary
The Government agrees that simplifying and consolidating electoral law would be desirable and remains committed to ensuring that electoral law is fit for purpose, but states the process will be a long-term project.
Paragraph Reference:
13
Government Response
Acknowledged
HM Government
Acknowledged
As set out in the Government’s response to PACAC’s Fifth Report of Session 2021–22 on ‘The Elections Bill’ and in debates during the passage of the Bill, the Government agrees that simplifying and consolidating electoral law would be desirable. Electoral law is vast and complex, partly because of the various pieces of legislation and amendments that have been made over the years, but also because it needs to cover such a wide range of activities, to a high degree of detail.1 The Government remains committed to ensuring that our electoral law is fit for purpose, now and into the future. We also acknowledge that the process of consolidating electoral law will be a long-term project that will take significant consideration and policy development and is not something to rush. The Elections Act 2022 (‘the Act’) delivered the Government’s manifesto commitment to protect the integrity of our democracy. The Act addressed more immediate challenges such as potential opportunities for electoral fraud – as seen in Tower Hamlets in 2014. secure, fair, transparent and up to date.