Select committee: Public Administration and Constitutional Affairs Committee

Recommendation 31

Fifth Report - The Elections Bill Published 13 Dec 2021 Paragraph 150

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 Committee considers that the substantive duty of the Electoral Commission to “have regard to the Statement” should be clarified. We recommend that the Bill be amended to provide that the Electoral Commission is able to depart from the guidance set out in the Statement if it has a statutory duty to do so or if it reasonably believes it is justified in specific circumstances. This amendment is necessary to give effect to the Government’s stated intention that the Statement will not amount to a power to direct the Electoral Commission, and to protect the Electoral Commission’s independence.

From: Public Administration and Constitutional Affairs Committee, Fifth Report - The Elections Bill (HC 597), paragraph 150, 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.

Read the government's response ↗ Report an error