Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 28
28
Acknowledged
Paragraph: 106
The Committee believes that periodic parliamentary scrutiny of the work of the Electoral Commission, in...
Conclusion
The Committee believes that periodic parliamentary scrutiny of the work of the Electoral Commission, in the form of inquiries such as this, dovetails effectively with the ongoing oversight by the Speaker’s Committee on the Electoral Commission.
Government Response Summary
The government defends the Strategy and Policy Statement, stating it will not undermine the Electoral Commission's statutory duties and welcomes engagement from stakeholders and parliamentarians.
Paragraph Reference:
106
Government Response
Acknowledged
HM Government
Acknowledged
The duty to have regard to the Strategy and Policy Statement will not replace or undermine the Electoral Commission’s other statutory duties nor will it allow the Government to ‘set the strategic direction of the Electoral Commission’ as suggested in the Committee’s Report. This duty will only require the Commission to consider the Statement in its decision-making process—it is not a direction. The Electoral Commissioners and the Commission’s executive leadership remain responsible for determining the Commissions strategy, priorities and how the Commission should discharge its duties, including its day- to-day operations. The Government welcomes the important engagement of the statutory consultees and parliamentarians with the draft Statement through this extensive consultation period. As recommended by your Committee during the passage of the Bill, we also provided for the subsequent extended parliamentary scrutiny process. The draft Statement will be scrutinised according to the requirements set out in the Act. This will enable parliamentarians to make representations about the draft Statement before choosing whether to approve or reject the Statement in full. The Government does not agree with the Committee’s recommendation to apply the same timeframe for consultation for all future Strategy and Policy Statements. As explained in the Government’s response to PACAC’s Fifth Report of Session 2021–22 on ‘The Elections Bill’ regarding the setting of specific minimum timeframes for consultation, we consider that it would be overly rigid and inflexible.9 The Act requires the Secretary of State (at least once every five years since a Statement was last designated) to review, consult on and then designate (or withdraw) a Statement subject to the approval of the UK Parliament. In this event the duration of the consultation period with statutory consultees will be set on the basis of what is considered appropriate at the time and in line with the government’s published consultation principles.10 Beyond this five year requirement, it is important for the Secretary of State to have the power to make changes to the Statement where deemed appropriate. Under the provisions in the Act, any revisions that go beyond clerical or typographical errors to the Statement will be subject to consultation unless the Secretary of State makes a determination under new section 4E(4) of PPERA (as inserted by section 16 of the Elections Act 2022) that this obligation does not apply. Before taking this decision the Secretary of State must consult the Speaker’s Committee on the Electoral Commission. 10 Cabinet Office, Guidance – ‘Consultation principles: guidance’, 17 July 2012 (last accessed 9 January 2023)