Select Committee on Constitutional Affairs Joint First Report


8  ROLE OF GOVERNMENT DEPARTMENTS AND THE ELECTORAL COMMISSION

The Department for Constitutional Affairs and the Office of the Deputy Prime Minister

131. The Department for Constitutional Affairs and ODPM set out their respective and joint responsibilities for electoral issues in a supplementary memorandum to our inquiry.[299] This explained that the ODPM focuses on local government election issues while the Department for Constitutional Affairs was concerned with parliamentary and European parliamentary elections. As far as individual registration is concerned, the Department for Constitutional Affairs takes the lead. There is a Project Board for the Individual Registration Project and associated work which comprises officials from Department for Constitutional Affairs, ODPM, the Northern Ireland Office and the Electoral Commission. There is also a Working Group on which these bodies are represented and on which they are joined by representatives from the Scottish Office, Association of Electoral Administrators, Scottish Assessors Association and the Electoral Office for Northern Ireland and by two electoral administrators with a specific particular interest in the topic. Work on other electoral registration issues may involve other Government departments, for example the Office for National Statistics on the Citizen Information Project and the Foreign and Commonwealth Office on the enfranchisement of Gibraltar and referendum issues.

132. We were struck in two ways by the initial joint memorandum from the departments to this inquiry, one positive and one less so. First, it is clear that the departments are taking forward much of the policy development work in this busy area through consultation with interest groups and stakeholders. For example, disabled groups are involved in discussions on changes to the registration system[300] and, as described above, electoral administrators form part of the standing working group.[301] This is undoubtedly the best approach to take and perhaps accounts for some of the consensus we encountered on many of the issues under consideration in this inquiry. Our second observation is that according to the Government's memorandum, almost all these issues are subject to discussion or further consideration with no indication given of when results of these considerations are likely to emerge. Ministers were unable to enlighten us any further in oral evidence.[302]

133. There is no sense of urgency, or even progress, in the attitude of the departments as indicated in their evidence to this inquiry. We accept that electoral reform matters are unlikely to be a priority in the run-up to a General Election and that the experience of individual registration in Northern Ireland has had a serious impact on moves towards introducing individual registration in the rest of the UK, without which most of the rest of the modernisation agenda falls. There is a need for a greater lead from Government on how the agenda may move forward and on how it intends to tackle some of the issues which can be addressed without the wholesale embrace of individual registration: for example, anonymous registration, the change in the final date for registration before an election and access to the marked register.

The Electoral Commission

134. The Electoral Commission has been in existence since 30 November 2000. It is an independent statutory authority, which reports directly to Parliament through a committee chaired by the Speaker of the House of Commons. Its responsibilities include oversight of the registration of political parties and third parties, monitoring and publication of significant donations to registered political parties and regulation of national party spending on election campaigns. It also manages referendums in the UK, promotes voter awareness, advises those involved in elections upon practice and procedure and reports on the administration of every major election. It undertakes an extensive programme of policy reviews and proposals for electoral modernisation, resulting in reports which makes recommendations to Government.[303]

135. The Commission has been looking to extend its role. In its report, Voting for change (June 2003), it identified potential new tasks for itself which would require a number of additional powers. These were listed in the Government's response to the report as:

  • Setting and monitoring performance standards for local authorities in the delivery of electoral services
  • Allocating budgets to local authority electoral services departments
  • Reviewing and setting Fees and Charges Orders for major elections; processing claims
  • Maintaining a national electoral register to common data standards, setting and monitoring data standards and potentially dealing with requests for access
  • Directing Electoral Registration Officers on collection and processing of registration data
  • Creating and managing an individual voter identifier system
  • Approving descriptions for party candidates
  • Processing applications for international observer accreditation[304]

The Government's response to these requests for additional powers was somewhat equivocal, with most issues deferred to be considered in relation to other matters. Only in the last two instances was it absolutely clear that the Electoral Commission would be given the responsibility as recommended.[305] In light also of the lack of progress made in taking forward the modernisation agenda, this calls into question the value of the Commission's assertion that "the Government has already committed to the implementation of around 70% of the proposals put forward in Voting for change". [306]

136. We asked the Ministers for their views on the work of the Electoral Commission. The Minister for Regional and Local Government and Fire, ODPM, who is also a member of the Speaker's Committee with oversight of the Commission, was diplomatic in his response: "one would inevitably say that as an organisation that has been in existence for a relatively short period of time it has been on a steep learning curve and has made very considerable progress in many areas. There are other areas where we probably see scope for continued and further improvements."[307]

137. One particular concern was whether there should be people with practical political experience on the Commission. At present by statute anyone with a practical involvement in politics over the past ten years cannot serve as a Commissioner. The Minister suggested that in laying down these requirements "the balance [with the principle of independence] may be drawn a little too tightly against an understanding of day-to-day practical issues".[308] These concerns could be addressed either by changing the composition of the Commission itself which would require legislation or by "an administrative arrangements whereby the Commission had contact with a body of senior practitioners from all parties who could advise it" which could be done without legislation.[309] We welcome the statement from the Minister and look forward to progress being made.


299   Ev 77, HC243-III [DCA/ODPM] Back

300   Ev 3, para 28, HC243-II [DCA/ODPM] Back

301   Ev 3, para 26, HC243-II [DCA/ODPM] Back

302   Eg Q278 [Mr Leslie]  Back

303   Ev 6, para 2.1-2.4 , HC243-II [Electoral Commission]  Back

304   Cm 6426, pp 17-18 Back

305   Ibid Back

306   Ev 6, para 2.4 , HC243-II [Electoral Commission] Back

307   Q361 [Mr Raynsford] Back

308   Q364 [Mr Raynsford] Back

309   Q365 [Mr Raynsford] Back


 
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