Select committee: Public Administration and Constitutional Affairs Committee

Recommendation 14

Fifth Report - The Elections Bill Published 13 Dec 2021 Paragraph 49

Public Administration and Constitutional Affairs Committee The Elections Bill All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗

Recommendation (the committee's words)

The Government should present the draft secondary legislation as early as possible, as committed to by then responsible Minister, Chloe Smith MP, to enable due consideration by both Houses and stakeholders of the proposed secondary legislation that will provide further detail on the purpose and implementation of the Bill prior to that legislation being laid or made.

From: Public Administration and Constitutional Affairs Committee, Fifth Report - The Elections Bill (HC 597), paragraph 49, 13 December 2021

Government response

The government responded to the whole report on 10 February 2022 (deadline 13 February 2022).

Summary written by Accountability Index from the government's response. It is not the government's own words.

The government accepts some of the Committee's recommendations in part, for example agreeing "in principle" that electoral law would benefit from consolidation, but disagrees with others, including removing the Electoral Commission clauses, and does not accept that there was a lack of pre-legislative consultation and scrutiny.

On consolidating electoral law, the government "agrees in principle" that it would benefit, but calls it "a long-term project" and "not something to rush", with its immediate priority being its manifesto pledges.
On post-legislative scrutiny, it says an amendment is not necessary as scrutiny after Royal Assent is "standard practice", and a statutory requirement "risks not allowing for the necessary flexibility".
On the Electoral Commission, the government says it "disagrees" with the recommendation to remove the relevant clauses, and does not consider the effect of the duty to "have regard" to the Statement needs clarifying on the face of the Bill.
On voter ID, it does not pause the policy, citing its Equality Impact Assessment and a 2021 survey finding 98% held accepted photographic identification, and says it will "carry out thorough research" on implementation.

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