Source · Select Committees · Public Administration and Constitutional Affairs Committee
Second Report - The Work of the Electoral Commission
Public Administration and Constitutional Affairs Committee
HC 462
Published 20 October 2022
Recommendations
2
Acknowledged
Para 14
The Government should prioritise implementing the Law Commission’s recommendations to rationalise electoral law and immediately...
Recommendation
The Government should prioritise implementing the Law Commission’s recommendations to rationalise electoral law and immediately start work towards setting out a long-term strategy, with cross-party support, ahead of the next General Election.
Government Response Summary
The Government agrees that simplifying and consolidating electoral law would be desirable and remains committed to ensuring that electoral law is fit for purpose, but notes it will be a long-term project that will take significant consideration and policy development and is not something to rush.
4
Accepted
Para 16
We welcome the Government’s recent update that it is taking a staged approach to implementing...
Recommendation
We welcome the Government’s recent update that it is taking a staged approach to implementing the Elections Act 2022, which will support the electoral community in preparing to implement the necessary changes. While there is now limited time for the …
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Government Response Summary
The Government laid the draft Voter Identification Regulations before Parliament and affirmed them. The Political Finance and Notional Expenditure statutory instruments are now in force, with the Accessibility statutory instruments due to come into force on 29th December. Timeline and plan has been shared with the Electoral Commission.
6
Deferred
The Electoral Commission must ensure it has the institutional knowledge and capacity to support those...
Recommendation
The Electoral Commission must ensure it has the institutional knowledge and capacity to support those it regulates equally in both election and referendum contexts, noting their distinct and unique characteristics. There should be comprehensive training for Electoral Commission staff to …
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Government Response Summary
The government notes that this recommendation is addressed to the Electoral Commission.
8
Acknowledged
Para 32
The Committee welcomes the proposed steps from the Electoral Commission to improve guidance provision, including...
Recommendation
The Committee welcomes the proposed steps from the Electoral Commission to improve guidance provision, including a strategy to support smaller parties, reviewing response times, exploring the viability of ‘account managers’, increasing consultation with parties and campaigners on draft guidance, and …
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Government Response Summary
The government notes the recommendations are primarily addressed to the Electoral Commission, and they will consider the suggestion to expand the Strategy and Policy Statement to specify parties and campaigners of all sizes, and make any changes deemed necessary before laying the draft Statement before Parliament.
9
Accepted in Part
The Committee believes, regardless of the complexity of the legislation, it is vital that the...
Recommendation
The Committee believes, regardless of the complexity of the legislation, it is vital that the Electoral Commission has sufficient internal expertise to clarify ambiguities in the law or guidance in a timely manner, particularly during regulated periods. The Electoral Commission …
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Government Response Summary
The government notes that the recommendations are primarily addressed to the Electoral Commission but will consider expanding the Strategy and Policy Statement to specify parties and campaigners of all sizes for feedback on guidance.
12
Acknowledged
Para 63
We welcome the Government’s view in the draft Strategy and Policy Statement for the Electoral...
Recommendation
We welcome the Government’s view in the draft Strategy and Policy Statement for the Electoral Commission that the Commission’s enforcement of political finance rules should be proportionate to the voluntary nature of political parties’ infrastructure. We recommend this is maintained …
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Government Response Summary
The government will consider the committee's comments about the Strategy and Policy Statement alongside the views of statutory consultees and remains committed to ensuring that electoral law is fit for purpose.
14
Deferred
Para 65
The Government should commit to reviewing the impact of the lower tier of registration for...
Recommendation
The Government should commit to reviewing the impact of the lower tier of registration for third party campaigners as part of its statutory review of the Elections Act 2022, due in four to five years› time, to be published and …
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Government Response Summary
The government acknowledges the recommendation to review the lower tier of registration for third-party campaigners and consider reducing reporting timelines, but defers action. It states that the statutory duty for post-legislative scrutiny of the Elections Act 2022 already ensures the impact of the Act, including the lower tier of registration, will be assessed within four years.
16
Rejected
Para 67
The Government should provide an update in its response to this report on the guidance...
Recommendation
The Government should provide an update in its response to this report on the guidance it said it was considering in its response to the Committee on Standards in Public Life’s Regulating Election Finance Report, that would support campaigners to …
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Government Response Summary
The government has no plans to produce guidance on a "risk-based" approach to donations, stating that the existing legal framework and Electoral Commission guidance are sufficient, and that additional guidance would need careful consideration.
18
Acknowledged
Para 69
We agree with the Committee on Standards in Public Life that investigations under the Political...
Recommendation
We agree with the Committee on Standards in Public Life that investigations under the Political Parties, Elections and Referendums Act 2000 should be opened within 12 months of the date of the potential offence being committed or, from the date …
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Government Response Summary
The Government agrees with the importance of resolving investigations within a reasonable time period and will keep under review aligning the PPERA regime with the RPA regime, considering evidence and findings from the CSPL Report.
20
Rejected
We agree with the House of Lords Democracy and Digital Technologies Committee, and the Committee...
Recommendation
We agree with the House of Lords Democracy and Digital Technologies Committee, and the Committee on Standards in Public Life, that the maximum fine the Electoral Commission can impose for breaches of Political Parties, Elections and Referendums Act 2000 should …
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Government Response Summary
The government considers the existing levels of penalties available to the Commission suitable and argues that any extension to the Commission’s fining powers would need to be considered carefully to assess the necessity and proportionality.
22
Accepted in Part
Para 85
The responsibilities of multiple regulators in the digital space interlock with the Electoral Commission’s role...
Recommendation
The responsibilities of multiple regulators in the digital space interlock with the Electoral Commission’s role to regulate money spent on political campaigning. The Government’s draft Strategy and Policy Statement for the Electoral Commission encourages cooperation between regulators to avoid duplication …
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Government Response Summary
The government agrees that cooperation between regulators is important and highlights existing information-sharing powers and roundtables, but does not propose mandating advert libraries or criteria for them.
24
Accepted
Para 87
As recommended in our Fifth Report of Session 2021–22 on the Elections Bill, acknowledging the...
Recommendation
As recommended in our Fifth Report of Session 2021–22 on the Elections Bill, 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, …
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Government Response Summary
The government states the digital imprint regime introduced in the Elections Act 2022 will be one of the most ambitious ones in the world. Further, as part of its reporting requirements, the Electoral Commission will monitor the enforcement of digital imprints, including reporting on convictions for digital imprints offenses.
25
Accepted
We agree with the Electoral Commission that each of the four governments of the UK...
Recommendation
We agree with the Electoral Commission that each of the four governments of the UK should amend the rules for reporting spending to provide greater transparency on the money being spent on digital campaigns in their jurisdictions. There should be …
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Government Response Summary
The government states that spending on digital campaigning at an election must already be reported and is covered by the current wording in the law, and provides an important level of transparency about campaign spending.
31
Acknowledged
The Committee welcomes that the Strategy and Policy Statement for the Electoral Commission will be...
Recommendation
The Committee welcomes that the Strategy and Policy Statement for the Electoral Commission will be subject to super-affirmative parliamentary procedure, in line with our previous recommendation. The Government must now ensure a motion is tabled for the draft Statement to …
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Government Response Summary
The government describes the scrutiny process for the Strategy and Policy Statement, stating it will be subject to approval of the UK Parliament and consultation with statutory consultees. However, they note that the duration of the consultation period with statutory consultees will be set on the basis of what is considered appropriate at the time.
Conclusions (17)
1
Conclusion
Acknowledged
Para 13
It has been twenty years since the Electoral Commission was established and we believe it still plays a fundamental role in overseeing free and fair elections and referendums and regulating political finance, and should continue to do so. However, its ability to effectively fulfil its statutory functions is directly impacted …
Government Response Summary
The Government agrees that simplifying and consolidating electoral law would be desirable and remains committed to ensuring that electoral law is fit for purpose, but states the process will be a long-term project.
3
Conclusion
Accepted
Para 15
The Committee notes the high levels of satisfaction in the Electoral Commission’s role in guiding the practical administration of elections and delivering referendums. Nevertheless, we remain concerned by the challenges that lie ahead for the Electoral Commission in supporting electoral administrators, political parties, campaigners, and voters to understand and navigate …
Government Response Summary
The government states that the Voter Identification Regulations have been affirmed by both Houses and are on track to be in force for mid-January and states that the electoral landscape will become more diverse as a result of many factors.
5
Conclusion
Acknowledged
Para 17
The Electoral Commission should demonstrate greater awareness of the specific nature of referendums, particularly the short-lived existence of many campaign groups and be sensitive to the stressful nature of the duties required to be fulfilled by Responsible Persons or other nominated individuals after such groups have been wound up.
Government Response Summary
The government notes that this recommendation is addressed to the Electoral Commission.
7
Conclusion
Acknowledged
Para 31
The Electoral Commission invests significant resources into providing guidance to candidates, parties, and non-party campaigners to support their understanding of complex legislation, and this is largely welcomed by those it regulates. However, as a matter of priority, further action is required to address issues such as ambiguous advice, slow responses …
Government Response Summary
The government will consider expanding the Strategy and Policy Statement to specify parties and campaigners of all sizes when referencing the importance of the Commission engaging with stakeholders.
10
Conclusion
Acknowledged
Para 61
The Committee recognises the complexity of the dual regimes for candidates under the Representation of the People Act 1983 and parties and campaigners under the Political Parties, Elections, and Referendums Act 2000. Consolidating the law into one regulatory framework should be within the scope of the Government’s work on the …
Government Response Summary
The government will consider the committee's comments about the Strategy and Policy Statement alongside the views of statutory consultees and remains committed to ensuring that electoral law is fit for purpose.
11
Conclusion
Acknowledged
Para 62
The Committee recognises the rationale behind advocating an expansion of the Electoral Commission’s investigatory and enforcement powers to provide maximum transparency to voters, incentivise regulatory compliance, and increase the pace of investigations and enforcement action. However, we believe more evidence is needed to ensure that any expanded powers for the …
Government Response Summary
The government will consider the committee's comments about the Strategy and Policy Statement alongside the views of statutory consultees and remains committed to ensuring that electoral law is fit for purpose.
13
Conclusion
Acknowledged
Para 64
The Committee notes the concerns from non-party campaigners that the lower tier of registration with the Electoral Commission, introduced under the Elections Act 2022, may have the unintended consequence of deterring political campaigning by small groups that lack the resources to comply with the transparency requirements. If this is the …
Government Response Summary
The Government recognises the important role third-party campaigners play in the political process. It notes the increased transparency is important, but it should not act as a barrier to campaigners’ participation and that the new “lower tier” of third-party campaigner registration has been designed to be proportionate to the level of campaign spending and will place a minimal regulatory burden on campaigners.
15
Conclusion
Rejected
The Committee recognises the potential gaps in transparency and weaknesses in the permissibility checks on donations to prevent foreign influence in UK politics, particularly through unincorporated associations (UAs). However, we also note the important role that UAs play in supporting democracy through fundraising. It is vital that any further reporting …
Government Response Summary
The government states that it has no plans to produce guidance on donations, referencing the existing legal framework and Electoral Commission guidance, and arguing any additional guidance would need careful consideration.
17
Conclusion
Acknowledged
Para 68
Although the Electoral Commission has an overall strong record in relation to monitoring, investigations and enforcement, we were concerned by the individual cases of extremely lengthy investigations and poor communication raised throughout this inquiry. The Electoral Commission has said it will factor in the conclusions from this inquiry into its …
Government Response Summary
The Government agrees it is important to resolve investigations within a reasonable time period and will continue to keep under review aligning the PPERA regime with the RPA regime.
19
Conclusion
Acknowledged
Para 70
We believe the Electoral Commission should be sensitive to the role of volunteers in campaigns and the potential for inadvertent reporting errors to occur. We welcome the Electoral Commission’s proposed changes to the Political Finance Online platform to support individuals to input their financial returns accurately. We agree with witnesses …
Government Response Summary
The government considers the existing levels of penalties available to the Commission suitable and states that any extension to the Commission’s fining powers would need to be considered carefully to assess the necessity and proportionality.
21
Conclusion
Acknowledged
Para 84
Digital technology is allowing more parties, campaigners, and voters than ever to participate in political debate. While we view this as a positive step for democracy, we must recognise that it has created a more complex regulatory environment for the Electoral Commission. The framework for regulating political campaign spending during …
Government Response Summary
The Government acknowledges the importance of cooperation between national regulatory authorities and welcomes the steps taken by social media companies to create “advert libraries” and institute advert labelling on political advertising but does not propose mandating advert libraries.
23
Conclusion
Accepted
Para 86
The introduction of digital imprints on paid-for and certain unpaid digital material is welcome, but, in their current form, the requirements have notable limitations. This includes a potentially wide scope of activity that will not require an imprint, as well as challenges envisaged by our witnesses in enforcing the regime …
Government Response Summary
The government believes the digital imprint regime is ambitious, delivers transparency, and is proportionate and enforceable; further, it includes regulation-making powers for the Secretary of State to modify key definitions if needed.
26
Conclusion
Acknowledged
Para 104
The Electoral Commission has an effective governance structure. Commissioners, including those who are nominated by political parties, play a useful role in the governance of the organisation. However, this system only works if Commissioners abide by the clear standards of behaviour set out in the Board Code of Conduct and …
Government Response Summary
The government notes that this recommendation is addressed at the Electoral Commission.
27
Conclusion
Acknowledged
Para 105
It is vital that the impartiality and independence of the Electoral Commission is maintained at all times. Commissioners must act in accordance with the Board Code of Conduct and refrain from expressing any personal opinions that may suggest political bias. In the event of a future referendum, the Electoral Commission …
Government Response Summary
The government notes that this recommendation is addressed at the Electoral Commission.
28
Conclusion
Acknowledged
Para 106
The Committee believes that periodic parliamentary scrutiny of the work of the Electoral Commission, in the form of inquiries such as this, dovetails effectively with the ongoing oversight by the Speaker’s Committee on the Electoral Commission.
Government Response Summary
The government defends the Strategy and Policy Statement, stating it will not undermine the Electoral Commission's statutory duties and welcomes engagement from stakeholders and parliamentarians.
29
Conclusion
Acknowledged
Para 107
Operational independence is a fundamental aspect of the Electoral Commission. The Government’s ability to set the strategic direction of the Electoral Commission through the issuance of a Strategy and Policy Statement, as set out in the Elections Act 2022, significantly alters the Electoral Commission’s relationship to Government as an independent …
Government Response Summary
The government welcomes the engagement of the statutory consultees and parliamentarians with the draft Statement through the consultation period and states the draft Statement will be scrutinised according to the requirements set out in the Elections Act 2022.
30
Conclusion
Acknowledged
Para 108
We welcome the timetable provided by the Government to scrutinise the draft Strategy and Policy Statement and recommend a commitment is made that the same timeframe should apply to future Strategy and Policy Statements.
Government Response Summary
The government describes the scrutiny process for the Strategy and Policy Statement, stating it will be subject to approval of the UK Parliament and consultation with statutory consultees. However, they note that the duration of the consultation period with statutory consultees will be set on the basis of what is considered appropriate at the time.