Select committee: Public Administration and Constitutional Affairs Committee
Recommendation 4
Second Report - The Work of the Electoral Commission
Published 20 Oct 2022
Paragraph 16
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Recommendation (the committee's words)
We welcome the Government’s recent update that it is taking a staged approach to implementing the Elections Act 2022, which will support the electoral community in preparing to implement the necessary changes. While there is now limited time for the statutory instruments for voter ID to come into force and for the Electoral Commission to finalise its guidance ahead of elections in May 2023, the Committee is somewhat reassured by the Government’s assertion that it has shared draft legislation with the Electoral Commission to support them in drafting the relevant guidance and that it expects the statutory instruments to come into force by mid-January 2023. Ahead of this date, the Committee expects to see the draft statutory instrument in order for our comments to be taken into consideration alongside other scrutiny committees. The Committee also recognises that the decision to prioritise voter ID implementation inevitably means that the timetable for implementing other measures under the 2022 Act will be compressed throughout 2023–24. Accordingly, the Government must, as a matter of priority, provide clarity on its timetable for the implementation of the remainder of the secondary legislation envisaged under the Act, so that the Electoral Commission can provide the necessary support and guidance to the electoral community and voters in advance of upcoming elections. Furthermore, in the interests of supporting the Electoral Commission’s UK-wide role, we reiterate our call, set out in our Fifth Report of Session 2021–22 on the Elections Bill, for the four governments The Work of the Electoral Commission 39 of the United Kingdom to develop a more coordinated approach to electoral policy and law, which will, in turn, further reduce the complexity of the system. The UK Government should lead this work.
From: Public Administration and Constitutional Affairs Committee, Second Report - The Work of the Electoral Commission (HC 462), paragraph 16, 20 October 2022
Government response
Fifth Special Report: The Work of the Electoral Commission: Electoral Commission response to the Committee’s Second Report of Session 2022-23
The government responded to the whole report on 9 March 2023 (deadline 20 December 2022).
Summary written by Accountability Index from the government's response. It is not the government's own words.The Electoral Commission, responding to the Committee's report, welcomes much of it and says it is "committed to continuous improvement", while setting out where it disagrees or urges caution, including on fixed investigation time limits.
- On advice response times, from 1 April 2023 it will aim to respond to 90% of email queries within three working days and 100% within five; during the May election period it will aim to respond to all enquiries within three working days, as it is "not confident" its resources allow a faster turnaround on every query.
- It does not support putting a 12-month limit on investigations in legislation, saying this "risks fettering our discretion". Its draft Enforcement Policy instead proposes an independent review of investigations approaching 12 months, and it intends the new policy to be in place after the May 2023 polls.
- It says the maximum civil fine of £20,000 "should be raised" to give it greater flexibility, and that a fine of that size is not a proportionate deterrent for serious offences.
- It says a strategy and policy statement, by which a government can guide its work, is "inconsistent" with the independent role of an electoral commission.
Fourth Special Report - The Work of the Electoral Commission: Government Response to the Committee’s Second Report
Published 19 January 2023.
Summary written by Accountability Index from the government's response. It is not the government's own words.The Government agrees that simplifying and consolidating electoral law would be desirable, but gives priority to implementing the Elections Act 2022, and it expressly disagrees with one recommendation on consultation timeframes.
- On consolidating electoral law, it calls this "a long-term project" that is "not something to rush", and says its "immediate priority" is implementing the Elections Act changes.
- On shorter investigation time limits, it says it will "continue to keep under review" aligning the PPERA regime with the RPA regime, and "will consider" the evidence from witnesses.
- On higher maximum fines, it "considers the existing levels of penalties available to the Commission suitable" and says any extension "would need to be considered carefully".
- On the Strategy and Policy Statement, it states it "does not agree" with applying the same consultation timeframe to future Statements, calling this "overly rigid and inflexible".