Source · Select Committees · Public Administration and Constitutional Affairs Committee

Recommendation 13

13 Acknowledged Paragraph: 64

The Committee notes the concerns from non-party campaigners that the lower tier of registration with...

Conclusion
The Committee notes the concerns from non-party campaigners that the lower tier of registration with the Electoral Commission, introduced under the Elections Act 2022, may have the unintended consequence of deterring political campaigning by small groups that lack the resources to comply with the transparency requirements. If this is the case, it will be important not to exacerbate the issue further.
Government Response Summary
The Government recognises the important role third-party campaigners play in the political process. It notes the increased transparency is important, but it should not act as a barrier to campaigners’ participation and that the new “lower tier” of third-party campaigner registration has been designed to be proportionate to the level of campaign spending and will place a minimal regulatory burden on campaigners.
Paragraph Reference: 64
Government Response Acknowledged
HM Government Acknowledged
The Government recognises the important role third-party campaigners play in the political process. Our democracy is strengthened by people campaigning for what they believe in. Of course, the existing rules and those introduced by the Elections Act 2022 only apply to qualifying election expenditure, not wider, non-electoral campaigning that groups may undertake. Increased transparency is important, but it should not act as a barrier to campaigners’ participation. Therefore, the new “lower tier” of third-party campaigner registration has been designed to be proportionate to the level of campaign spending and will place a minimal regulatory burden on campaigners that fall within the scope of the new requirement. Those campaigners will be required to register with the more on election campaigning. For example, they will not be subject to donation reports or required to submit spending returns. potential administrative impact, that the Government considers proposals to reduce the reporting timelines for those spending over £250,000 and the time frame during which the Electoral Commission must publish these returns. The Government recognises the balance needed between providing information about election spending to the public in a timely manner and political parties and other campaigners having a reasonable amount of time to prepare their spending returns. The current law seeks to achieve that balance and these recommendations would require careful consideration and stakeholder engagement to determine whether they would be workable, identify any unintended consequences and ensure the rules strike the right balance. The Government introduced a statutory duty for post-legislative scrutiny to the Elections Act, in response to PACAC’s recommendation in its Fifth Report of Session 2021–22 on ‘The Elections Bill’.3 This provision already ensures that the impact of the Elections Act 2022, including the impact of section 28 (the lower tier of registration), is assessed within four years of the Act being passed.