Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 18
18
Acknowledged
Paragraph: 69
We agree with the Committee on Standards in Public Life that investigations under the Political...
Recommendation
We agree with the Committee on Standards in Public Life that investigations under the Political Parties, Elections and Referendums Act 2000 should be opened within 12 months of the date of the potential offence being committed or, from the date the Electoral Commission was aware of the potential offence, with ability to be extended by application to a court. There should also be a 12-month limit on the duration of investigations, with the possibility of a court extension where appropriate. Throughout investigations, the Electoral Commission should improve its communication and explain clearly to those being investigated all actions and decisions. The Electoral Commission should report back to this Committee within a year setting out its progress in implementing its proposed changes to its regulatory approach.
Government Response Summary
The Government agrees with the importance of resolving investigations within a reasonable time period and will keep under review aligning the PPERA regime with the RPA regime, considering evidence and findings from the CSPL Report.
Paragraph Reference:
69
Government Response
Acknowledged
HM Government
Acknowledged
. The Government agrees with the Committee’s view that it is important to resolve investigations within a reasonable time period. Currently, prosecutors have six months from receiving sufficient evidence to bring such proceedings in relation to summary offences under the Political Parties, Elections and Referendums Act 2000 (PPERA) (and within a period of three years post-offence), but more serious offences (and the Commission’s use of civil sanctions) are not subject to a time limitation. By contrast, under the Representation of the People Act 1983 (RPA) prosecutions of an offence under that Act must be commenced within 12 months of an offence being committed (with the potential to extend the deadline by 12 months by making an application to a court). As set out in the Government’s response to the Committee on Standards in Public Life’s (CSPL) ‘Regulating Election Finance’ Report, we will continue to keep under review the potential benefits in aligning the PPERA regime with the RPA regime, given the RPA court application regime has worked effectively where necessary.4 The Government notes the Commission’s written evidence to your Committee’s Report which sets out that the majority of its investigations are currently completed in less than six months (98% in 2021– 2021) and that since it was given powers to conduct investigations in 2010, it is not aware of any investigation which has lasted over 24 months.5 The Government will consider this alongside the evidence given by some witnesses to your Committee who welcomed the idea of fixed time limits on investigations, as well as the findings from the CSPL Report that prolonged investigations can cause potentially unwarranted reputational damage (including during electoral campaigns) and distress to those that are under investigation.6