Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 20
20
Rejected
We agree with the House of Lords Democracy and Digital Technologies Committee, and the Committee...
Recommendation
We agree with the House of Lords Democracy and Digital Technologies Committee, and the Committee on Standards in Public Life, that the maximum fine the Electoral Commission can impose for breaches of Political Parties, Elections and Referendums Act 2000 should be increased to £500,000 or 4% of total campaign spend, whichever is higher. Equally, we believe that regulated individuals, parties, and campaigners should have the opportunity to amend minor, administrative reporting errors before civil sanctions are imposed, and that there should be consistency in making and a clear explanation for sanctioning decisions. This should be factored into the updated Enforcement Policy expected in the coming months. (Paragraph 71) 42 The Work of the Electoral Commission Adapting to the digital age
Government Response Summary
The government considers the existing levels of penalties available to the Commission suitable and argues that any extension to the Commission’s fining powers would need to be considered carefully to assess the necessity and proportionality.
Government Response
Rejected
HM Government
Rejected
4 Cabinet Office, Corporate report – “Government response to ‘Regulating Election Finance’ ”, 15 September 2021 (last accessed 9 January 2023) 5 Public Administration and Constitutional Affairs Committee, Written evidence, Electoral Commission, TEC0051, pp.4–5 6 Public Administration and Constitutional Affairs Committee, Oral evidence, ‘The Work of the Electoral Commission’, 29 June 2021, HC 43; Committee on Standards in Public Life, ‘Regulating Election Finance’, July 2021, para. 961, p121 The Commission already has extensive investigatory powers for offences under PPERA. As part of its civil sanctioning powers, where a campaigner is found to have committed an offence under PPERA, the Commission is able to issue fines ranging from £200 for a fixed monetary penalty to between £250 and £20,000 per offence for a variable monetary penalty depending on the type of the offence committed. Criminal matters can be, and are, referred to the police and in certain cases taken to a criminal prosecution. The courts have the power to levy unlimited fines for some offences and impose custodial sentences. The Commission should be consistent and provide a clear explanation in relation to sanctioning decisions, which is why the draft Statement contains guidance for the Commission to that effect (paragraph 20(a)). The Government considers the existing levels of penalties available to the Commission suitable to ensure that the sanctioning regime is effective but does not cause a chilling effect on electoral participation and campaigning. Any extension to the Commission’s fining powers would need to be considered carefully to assess the necessity and proportionality. We agree with the Committee’s view that minor, administrative reporting errors should be dealt with proportionally by the enforcement authorities. It is for this reason that the draft Statement also includes guidance requiring the Commission to have regard to the need to ensure robust, consistent, transparent and proportionate enforcement of the rules legislated by Parliament, by balancing the need to engage constructively with campaigners to support compliance, with the need to sanction breaches of the rules (paragraph 20(a)).