Select committee: Public Administration and Constitutional Affairs Committee

Recommendation 38

Fifth Report - The Elections Bill Published 13 Dec 2021 Paragraph 187

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)

Noting the importance in maintaining the perceived and actual independence of the Electoral Commission, the body which scrutinises the Electoral Commission’s compliance with the Statement and will play a key role in the consultation process (including providing any objections to the disapplication of the consultation procedures) must itself be seen to exercise its powers impartially and with cross- party support. We note support from external stakeholders for including lay members on the Speaker’s Committee and that no single party exercises a majority on the Committee.

From: Public Administration and Constitutional Affairs Committee, Fifth Report - The Elections Bill (HC 597), paragraph 187, 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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