Select committee: Public Administration and Constitutional Affairs Committee

Recommendation 42

Fifth Report - The Elections Bill Published 13 Dec 2021 Paragraph 193

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)

We recommend that—notwithstanding the proposed recommendations set out above in paragraphs 150, 161, 167, 168 and 178—Clauses 13 to 15 of the Bill are removed, pending a formal public consultation on the proposed measures and to take into account any recommendations put forward by this Committee in its final report on the work of the Electoral Commission.

From: Public Administration and Constitutional Affairs Committee, Fifth Report - The Elections Bill (HC 597), paragraph 193, 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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