Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 49
49
Acknowledging the need for legislation to keep pace with rapid technological changes, the Government should...
Recommendation
Acknowledging the need for legislation to keep pace with rapid technological changes, the Government should commit to monitoring and conducting regular reviews of the digital imprints scheme, to ensure effectiveness in the monitoring and enforcement of the legislation and to prevent any unintended consequences or loopholes. (Paragraph 224) Simple majority system to be used in elections for certain offices
Government Response
Acknowledged
HM Government
Acknowledged
As with any primary legislation initiated by the Government, we are committed to monitoring the impact of the measures relating to digital imprints against the key policy objectives on a number of relevant indicators. This is to ensure that digital imprints, as a brand new regime, operates as intended and delivers the Government’s policy objectives. This is reflected in the Impact Assessment published alongside the Bill. These indicators may include, but are not limited to, levels of compliance with the digital imprint rules; increased levels of transparency for voters regarding digital campaigning material in scope of the regime; and improved enforcement of spending rules by the authorities. In addition to monitoring data, digital imprints will be assessed via a formal evaluation as part of the wider Bill evaluation process once policy changes are introduced. Under clause 53 (referring to the Bill as brought from the Commons) of the Elections Bill, as part of its reporting requirements, the Electoral Commission will also be required to report on monitoring of digital imprints, including reporting on convictions for digital imprints offences, orders to take down electronic material, and the Electoral Commission’s use of its power to request information under Schedule 12. The Government agrees with the Committee’s view that it will be important to ensure that the digital imprint regime can keep pace with technological changes. To accommodate technological advances and any required changes as a result of the implementation of the regime, the regime includes regulation-making powers for the Secretary of State to, if needed, modify key definitions (Clause 37, subsection 6), add, modify or remove the details to be included in the imprint (Clause 39, subsection 4), as well as the exceptions to section 39 (Clause 45, subsection 7). More generally, the statutory guidance, to be drafted by the Electoral Commission and approved by Parliament, will provide campaigners with practical direction on what constitutes digital campaigning material, to ensure those captured by the imprint rules understand how to follow the rules of the regime.