Select committee: Public Administration and Constitutional Affairs Committee

Conclusion 17

Second Report - The Work of the Electoral Commission Published 20 Oct 2022 Paragraph 68

Public Administration and Constitutional Affairs Committee The Work of the Electoral Commission All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗

Conclusion (the committee's words)

Although the Electoral Commission has an overall strong record in relation to monitoring, investigations and enforcement, we were concerned by the individual cases of extremely lengthy investigations and poor communication raised throughout this inquiry. The Electoral Commission has said it will factor in the conclusions from this inquiry into its updated Enforcement Policy, due for consultation in the coming months, and we expect the issues raised by these individuals to be considered. We welcome the reforms the Electoral Commission has set out to its regulatory approach to date, including mandatory case reviews if a case approaches six months in duration; new evidence trackers to aid disclosure of used evidence when proposing sanctions; accelerating the process of identifying and citing relevant evidence; and moving away from the practice of expanding existing cases when new potential offences arise. However, it is disappointing that the Electoral Commission has resisted calls to impose fixed time limits on investigations.

From: Public Administration and Constitutional Affairs Committee, Second Report - The Work of the Electoral Commission (HC 462), paragraph 68, 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.

Read the government's response ↗ Report an error

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".

Read the government's response ↗ Report an error