Select Committee on Constitutional Affairs Minutes of Evidence


Examination of Witnesses (Questions 1 - 19)

WEDNESDAY 2 NOVEMBER 2005

SAM YOUNGER AND PETER WARDLE

  Q1  Chairman: Good morning, Mr Younger, Mr Wardle. Thank you very much for being with us this morning. Welcome. Perhaps I could start our question session off by asking you how difficult it has been to maintain the balance between partnership with Government and the scrutiny of the Government's proposals in cases such as the all-postal ballot experiment in 2004 and indeed the more recent issues of electoral fraud. I do apologise, Mr Younger. You indicated you might wish to make a few remarks to us before you started. Perhaps that question could remain on the shelf for a few minutes. We welcome your contributions.

  Sam Younger: Thank you very much. If I may make a few opening remarks, first, to welcome this opportunity. Thank you very much for inviting us here today. It is the first time we have come in front of the DCA Select Committee on its own, and I hope it is something that can become a regular feature of the Electoral Commission's life. We are now nearly five years old, and it is a good time to begin to take stock of how well we have done so far and what needs to be done in the future. Very briefly, looking at our key areas of activity and summarising them, the first key area, which was, after all, the driver for setting us up in the first place, was the regulation of political party finances. I think it is fair to say that the provision of transparency that the Commission has been involved with producing after the legislation has actually broadly gone quite well, though there are clearly issues at the edges, issues about whether there is excessive bureaucracy, whether we could further simplify the processes while maintaining the outcomes that we are after, and recognising particularly that the bureaucracy involves pressures on people within parties who are volunteers and that we have to be very careful to make sure we minimise the disincentives to volunteers to participate in party work. The second area, advice on electoral law and practice, again, it has been very busy. Quite apart from the statutory reporting requirements on the conduct of elections, there have been all the reviews arising out of those statutory reports, particularly initially the general election of 2001 and all the propositions coming out of that which have fed into the current Electoral Administration Bill, which I will come back to in a moment very briefly. It is important not to forget all the other advice and consultation that we have with Government, whether it is things the Government asks us to comment on or whether things that there is a statutory requirement to consult on, secondary legislation, for example. A lot of that has gone on very effectively, out of the public eye, I think it is fair to say, and it is important to remember also that there are significant relationships of the same ilk outside. It is not just Westminster; it is in Wales and Scotland and Northern Ireland as well where those relationships have developed, and I think have been valued. On the issue of advice on electoral law and practice, also there is advice to returning officers and electoral registration officers, and that has been a very key element, both in terms of guidance, trying to move towards greater consistency in the conduct of administration, and of course, that is part of the Electoral Administration Bill in terms of a development of that into setting and monitoring of standards, but also training of registration officers and of those involved in the poll. Voter awareness is the third area we took on. The broad advertising campaigns we have done I think have become increasingly successful as we have learnt more about the nature of them, and certainly the ones in 2004-05 have been very successful by industry standards in terms of impact. Then the work to get to harder to reach groups: I think we are beginning to shift the strategy there, because we are conscious that we have been demand-led up to now, and we feel there is a need to put a slightly more strategic intent behind it to be clear about what audiences we are targeting. That is not forgetting the other two areas of local government boundaries, where we have just completed the periodic electoral review cycle of local authority boundaries in England, and work on referendums. Of course, a year ago we did have a referendum under PPERA, but it was a relatively small-scale one, in a single region. Just to come on very briefly to the Bill that is currently before Parliament, I would emphasize that we warmly welcome the Bill. There is an awful lot in it that I think will make a difference, an accumulation of modest measures in themselves but I think cumulatively very important for the future. I should perhaps say a word on one of the issues on which we do have a difference with what is in the Bill at the moment, and that is over the question of registration of voters, just to note that our view is that individual registration is right in principle, for a number of reasons, which I am happy to go into later if Members wish, but is also vital to secure an underpinning for the security of postal voting, which is now up to a pretty significant proportion of the electorate, just over 12% at the 2005 general election. We do understand concern about levels of registration, and indeed, it was our own research only a couple of months ago that actually indicated the current levels of under-registration under the existing system, so we are very conscious of that and very much welcome a number of measures that are in the Bill to improve registration levels. Those are very important and very valuable, but we do believe that pilots are not the best way forward. We are nevertheless—I am very happy to talk about this later—keen to see whether a way forward can be found that can command widespread support.

  Q2  Chairman: Thank you very much for that. I am certain we will have questions on the Bill as it is going through the House a little later on in our proceedings, but perhaps I could revive the question off the shelf, particularly on the relationship of the Commission and the Government, and ask you how you do maintain that balance between partnership and when there are proposals such as the all-postal ballot experiment—you have mentioned that—and of course, the more recent question of electoral fraud.

  Sam Younger: One thing I would like to say, which I alluded to earlier on, is that I would not want the fact that we have not had full agreement with Government on a couple of quite significant issues to obscure the fact that there are an awful lot of areas where there is a very good level of cooperation on a practical level, not only at Westminster but also around Wales, Scotland and Northern Ireland as well. That said, of course, we are conscious that that balance is not easy to keep. What I keep in mind above all is that, if the existence of the Commission is to have any value, then that value has to lie in its independence, whether of the Government of the day or of any other influence, and that is terribly important. That said, we cannot operate in an ivory tower, and clearly, in not operating in an ivory tower, there is a particular relationship with the Government of the day because of the day-to-day business, a lot of it uncontroversial, but where the health of those working relationships is very important. We have always recognised that when it happens it is not comfortable, but that if we have a view that we have stated clearly to Government and it does not fit with government policy, that is the nature of having an independent body. I think it is significant here that our accountability line is directly to Parliament, not to the Government of the day, and therefore when we do take a view that is not in line with government policy, I think we have a duty to Parliament to say that that is our view and to make sure that all Members of Parliament on whatever side of the House are aware of that. Our primary duty as an independent organisation I would say is to Parliament. That does not make it always comfortable. It is terribly important to work very hard at maintaining and sustaining relations with the Government of the day at all levels, but also with other parties within Parliament as well. We seek to do that. I would be the first to acknowledge that I am sure there are ways in which we can improve it. I do think in particular there are ways in which we can improve our links to Parliament and to Members of Parliament. I do not think we have yet got that right. I do not think the fault is wholly on our side. I think there are a number of issues at stake in getting it right. Indeed, the establishment now, since the changes in Government of this Committee is one way forward because, of course, before the issues that related to the Commission were spread across more than one Select Committee of the House. I think it is a good thing that it has now come together so that, as it were, when it comes to holding the Commission to account there is a logical committee that does that alongside the more specific role of the Speaker's Committee. It may be Peter Wardle, as somebody who came into the Commission a little bit later, and has only been with us for just under a year, might have a perspective to add, Chairman.

  Peter Wardle: Thank you. As Sam says, I have been here for just under a year, and have been interested to see and hear about the way in which the Commission's role has evolved. I would agree with Sam's analysis of the way relationships are at the moment, and I think that both the Government and Parliament and the Commission have learnt over the past five years how to get the relationship better and how to recognise the realities of the relationship. Certainly, it seems that in the summer of 2004, when the first big issue arose which hit the headlines, around the all-postal voting pilots in four regions of the country—and this was before I was in the Commission but looking and listening to people who were around at the time—I think it is fair to say that the Government and Parliament and the Commission all learnt a little bit about their respective roles and have handled what is clearly a difference of opinion at the moment about the way forward with the registration system in a way which is informed and better for the experience that all parties went through at the time of the all-postal discussions.

  Q3  Mr Tyrie: I think most people agree, but challenge it if you do not, Sam, that the experiment with postal voting, the scandals that we had, eroded some of the credibility of the electorate in the voting system. Given that, if you had the opportunity again, would you have made more noise about your concerns about the extension of the postal ballot system?

  Sam Younger: It is always difficult to look in retrospect. You are quite right to say that the accumulation of experience over the period, particularly 2004-05, has actually led to, and public opinion surveys have shown that there is, a lessening of confidence in the integrity of postal voting, more people expressing themselves distrustful of its security.

  Q4  Mr Tyrie: Have you published that?

  Sam Younger: Yes, indeed. It is a MORI poll that we published not very long ago. As to the question of whether we should have shouted more loudly, this is really quite a difficult one, because I am very conscious that the role that we have as an organisation is in all of these areas to be advisory to Government and Parliament. This is why I said, for example, in relation to the all-postal pilot in 2004, the thing that we learnt there was that our initial statements of our position were statements that were made to Government, and I do not think we brought in Parliament as a whole adequately until a slightly later stage. We learnt from that and then made sure that the view we took was well-known and therefore the position we had would not be misunderstood. But I am a little bit wary about spending a lot of time getting up on a soapbox. I think it is important that those to whom we report and to whom we are responsible know what our view is as an independent organisation.

  Q5  Mr Tyrie: I ask, because you might be in the same position all over again, might you not, if we were to find ourselves going into the next election with broadly the same system in place, with the same risks which you had identified before the last election, which turned out to be correct, but with the improvements to the postal ballot system not being pushed through adequately, the move to individual registration and only pilots, which you have already raised, being in place? How much noise are you going to make about this?

  Sam Younger: Our whole approach on this is that we do not wish to go into another general election in effectively the same position that we went into the 2005 general election. We had, after all, been saying there needed to be an improved underpinning for postal voting going way back to 2003. It was not something that came out of the all-postal pilots of 2004 and the controversy surrounding those; it predated that, where we said any extension of the use of postal voting needs an underpinning which is absent at the moment. That is of critical importance to us. All I would say at this stage, because it is difficult to anticipate the future and I would not want to anticipate what the outcome of the Bill is going to be in its passage through Parliament, is I would hope that a way forward can be found that reconciles the security requirements that we see to be there for postal voting with the concerns about what happens to the register, but clearly, we will have to look hard at our own position at a certain point in the future if that is not achieved.

  Q6  Chairman: We will certainly come back to specific questions on the Bill a little later on, but in terms of the Commission's work itself, and, as you have mentioned, the policy suggestions that are made by the Commission, is there at least a potential problem of duplication between the work that the Commission does and the work undertaken by the Department of Constitutional Affairs itself in reviewing electoral processes? Do you think perhaps those roles could be made a little clearer?

  Sam Younger: It is an interesting point. I would say that the experience up to now has been that there has been a strong enough relationship between the two that there has not been a great deal of duplication, but I could imagine that danger is there.

  Q7  Chairman: That relationship is a happy accident perhaps?

  Sam Younger: I hope not an accident altogether, but it happens to have worked really pretty well. That said, I think if you go back—and one can see how this tension appears—when the Commission was established and when the PPERA was passed, there was intent that a lot of the effort in terms of reviewing electoral law and practice that had previously resided in, at that time, the Home Office would transfer to the Commission, and Government would look at what came back from the Commission and respond to it and legislate or not legislate as a result. I think the reality has been that, because the Commission has been quite active in this field, and things are coming back at Government, the Government has felt the need, in a sense naturally, to make sure it builds up its own capacity to analyse those proposals and decide whether to go with them. So I think there is a potential danger there in terms of how the resources are used. It seems to me it is perfectly healthy in the way it operates, but I think it maybe is not entirely consonant with what the original intention was in terms of where the bulk of the work would be carried out.

  Q8  Chairman: Of course, the other new relationship is between the Commission and returning officers at local level. Do you meet them on a regular basis? Do you have a forum to discuss matters with them?

  Sam Younger: Yes. I think the area where our networks and relationships have probably developed most comprehensively is in relation to returning officers and registration officers. We have regular contact and meetings with SOLACE for the chief executives and broadly the returning officers, also with the Association of Electoral Administrators, and we have relatively recently set up something that I think is potentially very important and valuable, which is called the Electoral Leadership Forum, which brings together on a regular basis effectively those who were the regional returning officers in the European Parliament elections and have therefore got used to playing some form of coordinating leadership role within different regions, to talk about strategic issues inrel elections. This has worked as quite a happy marriage at the moment, in the sense that it allows that group both to talk about the strategic issues but also to be kept in touch collectively with the specific issues of the moment. I think that is extraordinarily important and when the Bill talks, for example, about the Electoral Commission having a role in setting standards, I do not see that, and it cannot be the Electoral Commission sitting in isolation in an ivory tower pontificating about standards. Those standards have to be rooted in the experience and the perspectives of those who are actually doing the job. One has to remember in this that the Electoral Commission is not line-responsible for any of the actual management of elections, and therefore we can only be as effective as the inputs that we get from the community and we are very conscious of that.

  Peter Wardle: Perhaps I could just mention a couple of the initiatives we have taken on the ground from day to day. We have a very healthy programme of secondment and exchange with electoral services staff around the country, so at any time we have a couple of people working with us who have recent experience of work in electoral services, and we build that up at the time of elections specifically to make sure we can deliver our role of giving advice and guidance—and very quick advice -to returning officers and electoral registration officers around the country. We also maintain a dedicated area on our website which is specifically for electoral services officers, and there they can get guidance, exchange views, and see what the latest developments are. So in addition to the face-to-face meetings we have, we have some very good day-to-day links that are informing the work we do and, as Sam says, it is very noticeable that this is an area where there was clearly a vacuum in terms of the relationship between those making policy in London and the capital cities around the country and electoral services officers around the UK, and that is one that I think most electoral services managers think we have stepped up to quite well and have developed a very good relationship.

  Q9  Chairman: Do you see perhaps the need for a more formal arrangement for both consultation and review between the three ends of the triangle, the Department, the Commission and the administrators themselves?

  Peter Wardle: I think it works pretty well at the moment. Whether it is a happy accident and we have the right people in place and the right relationships in place or not is difficult to say. You can always envisage a situation where relationships broke down, the wrong people are around. I do not see that risk as a high one at the moment. There genuinely is day-to-day contact between the Commission and officials in the Department of Constitutional Affairs and with electoral services managers around the country, both at the high level of the Electoral Leadership Forum Sam was describing but also in terms of day to day. There are a lot of good relationships where people can pick up the phone and have a quick meeting and discuss an issue because they know there is a particular issue in that area that there is some expertise to tap into.

  Sam Younger: I would just add that I think there is a case for having a slightly more formalised relationship, particularly in relation to standards, if that comes out of the Bill, because those are standards that the Commission can only derive in full consultation with those on the ground who are going to implement them, and at the same time those standards need to be agreed by the Secretary of State, so we need to find a way of making sure that that is joined up. So I suspect we would need something more formal. In terms of the consultation and the links, it seems to me, with the returning officers and with Government at civil service level in particular, those are pretty good links. I do think where we have not done as well, as I think I mentioned at the beginning, is the links particularly for advice and perspective in Parliament, and I think that is something we do need to develop. As you know, nobody can be a commissioner and nobody can be a member of staff of the Electoral Commission at present—and that is another issue I think worth looking at—who has had a specific connection with a political party or elected politics in the previous ten years, and that does make it incumbent on us to find a way of making those links. We do that in a formal sense through one of the things that was provided in the PPERA, which was the Parliamentary Parties Panel, but that, both at the Westminster level and we have replicated them in Wales, Scotland and Northern Ireland, I think has been very valuable on a day-to-day management level. What we have not managed to turn it into is a forum for real advice and experience coming from elected politicians, and that is something I would like to see developed.

  Chairman: We might ask some further questions on that particular issue later on.

  Q10  Jessica Morden: Has there been any research at all into the effectiveness of the Electoral Commission as a body?

  Sam Younger: Not as a body as yet. The next piece of research is going to be the Speaker's Committee, in its responsibilities, has been planning a review of the effectiveness of the Electoral Commission and the appropriateness of its governance and financial arrangements and so on.

  Q11  Jessica Morden: Have you done your own internal research?

  Sam Younger: We do our own internal estimates of how we are viewed by stakeholders. We did a big stakeholder survey, which has raised a number of issues for us, not least the one about the links to elected politicians, which is one that has come out of that. But the formal review—and it is appropriate time now; we are five years in and there is enough experience to go on and the Speaker's Committee are looking at it and the Committee on Standards in Public Life are also planning an investigation.

  Peter Wardle: Perhaps I could just add that, in terms of some of the particular activities we carry out, public awareness is one where we have quite a high profile, and we do, as any other public body would, carry out evaluation of the effectiveness of that public awareness. For example, looking at our last campaign, which was around registration and voting in the run-up to 2005 general election, we got some very good feedback. For example, 64% of adults aware of the campaign, a third of those who had seen the campaign claiming that that had been a factor in their decision to vote at the election. We also ran a helpline with 23,000 calls, 93,000 visits to the website, and 1.4 million leaflets around the place. So we are looking at the effectiveness of particular areas of work that you would expect us to evaluate and building on that experience. If you take another area, which is the whole area of advice on reform of the electoral system, looking at the Bill that is before Parliament at the moment, some 80% of the clauses in the Bill are direct results of recommendations that the Commission has made. We had a discussion with the Speaker's Committee about how you measure your effectiveness, and it seems to me that one measure of that is that if the Government and Parliament were not interested in any of the recommendations we were making, then clearly we would not be doing a good job. I think given that 80% of those recommendations being taken forward and we hope being taken forward on a cross-party basis—the areas of disagreement in Parliament I think are relatively limited—is quite a good indicator that we are looking at the right things and targeting the right areas.

  Q12  Jessica Morden: Coming back to your stakeholder internal research, what strengths and weakness does it show?

  Sam Younger: I think it is probably fair to say that among the stakeholders the key strength has been the strength of the relationship with the administrators and the returning officers. That is where we got the cleanest bill of health. It was less so among the political stakeholders, and I think there are two slightly separate reasons for that. One is an area that I think is inevitable, where I would not claim that we have done everything right but where we are intrinsically in an area that is going to provide some tension between us and political parties, and that is on the regulatory area. I think it is endemic in it that we will have a certain amount of that. Clearly, part of the concern that is coming back is people saying that the Commission is implementing this legislation; they do not necessarily understand well enough how politics works and what the pressures are at local level. We seek to do so within the constraints that we have, but conscious that that is an area we still need to work on, though, as we said, within the boundaries of the legislation, there are occasions when what is really being complained about is what is in the legislation as opposed to the way we are implementing it, but that is a slightly different issue. The other dimension is the dimension of the links to those with experience of party political activity and elections at the political level and how that advice feeds in, and feeling that the Commission does not always take proper account of or is perhaps being, as it has been described sometimes, naïve in those areas. That is why I referred earlier to one of the needs being to find a better way of plugging that in, although it is important to note that that is obviously, again, having a value as an independent organisation, especially making sure we have got the mechanisms fully to understand that input, not necessarily saying we will absolutely every time follow what is being said from there, because that is the nature of an independent organisation, and its value.

  Q13  Jessica Morden: Do you think you have got the balance right then? I know one of the criticisms levelled at the Electoral Commission when it was first set up was that you were very heavy on the policing and regulation side and quite light, I thought, on the raising voter awareness of elections and advice to EROs, etc. Do you think you are now getting the balance right in terms of that?

  Peter Wardle: It is very interesting. Again, taking my experience coming into the Commission four and a bit years in, I was struck by the different perceptions of the Commission. There was this strong perception that actually we were very focused initially on the regulation. It is fair to say that in the report of the Committee on Standards in Public Life probably the key thing they were looking for from the Electoral Commission when it was first established was the regulation of political party finances, and that was the issue that the Committee had looked at. The Act that established us actually gave us other roles, including the public awareness role, and it was quite interesting. When I first arrived less than 12 months ago, the main criticism I was hearing from elected representatives was that we seemed to be doing an awful lot of public awareness, and was this over the top? Now, within 12 months, the key criticism I am hearing from people—not necessarily the same people, by any means—is the one you just articulated, which is that we do not seem to have the balance right. It is very difficult to get that balance. Our overall aim is that the voter can participate with confidence in an electoral system, the electoral system in this country, and when we go on to talk about the difference of views around different stakeholders on where we go with electoral registration, I think it is precisely there, about where you draw that balance without putting at risk unacceptably either the confidence that the electorate has in the system or their ability and willingness to participate.

  Q14  Jessica Morden: You have recently undergone structural changes. Obviously, you have taken on the parliamentary boundaries. Are those structural changes complete and will you be needing additional staff? How many staff do you have?

  Peter Wardle: We are just about 150 staff. Just on a point of information, we took on the local government boundaries not long after we were established. The Act does provide for us to take on parliamentary boundaries but that has not actually happened yet. The Government has indicated that it is minded to do that, and I believe is consulting with the Speaker and the Speaker's Committee at the moment about when and how to take that forward. Taking on the local government boundary functions, that is, reviewing local authority districts and wards, brought I think about 30 staff in, and that has in fact decreased because at that time they were in the middle of the periodic electoral review. That has roughly halved since then. They are now just carrying on one-off reviews in areas where the balance has got out of kilter from the original proposals. But looking at the possibility of taking on parliamentary boundaries, we do not think it will be anything like such an increase, partly because there is not a lot on the horizon at the moment. The first major review will be in Scotland in two or three years' time, but we think that will be a handful of staff rather than the tens of staff that were involved in the local authority work.

  Q15  Jessica Morden: What do you see as the rise in your budget over the next ten years?

  Peter Wardle: Our five-year plan, which I think has been made available to the Committee, actually looks at our core funding as remaining roughly the same. Over the first four years of the Commission, every year something happened so that, for example, one year there was a major programme of training for electoral administrators in the run-up to the European Parliamentary elections in 2004. Before that there was the acquisition of the local government boundary work. If you look historically, the figures went up quite steeply each year but when I came into post in December 2004, at the first meeting of the Speaker's Committee I was able to say that our core funding was now stable and would remain stable. So our five-year forecasts are running basically flat. That said, the Bill is proposing to give us some new responsibilities which were not part of that core funding, so I would expect that we might be looking at perhaps up to £1 million on our core funding, certainly in the initial year, to take on and establish the new functions that are contained for us in the Bill. There is also the question, depending where the changes to the system end up from the Bill, depending on the extent of the change from the voters' point of view and from the registration officers' point of view, whether we need to seek more money from Parliament to run public awareness campaigns, which again would probably spike in the initial year or two. For example, if we were running pilots, there would be quite a lot of explaining that would have to be done to voters to get them to understand what was going on in their particular area. Equally, if we came up with any other way forward, from the debates that Sam was suggesting, it would probably be enough of a change that voters would need some education and some awareness.

  Q16  Jessica Morden: You mentioned the five-year plan. What new strategies do you see the Commission coming up with over the next five years?

  Peter Wardle: Having finished the periodic electoral review of local authority boundaries, we inherited that work halfway through the review, and effectively carried it on on the basis it had been run up to then. There is an opportunity for us to review the whole way in which we approach that, and I personally would not be surprised if we came up with a new approach to looking at boundaries. At one extreme, is it, for example, right simply to have a major review of the whole country periodically, or is there more of a rolling programme that could be adopted, and that would both change the way in which we do the work but also the way in which our resources flow? That is one example. Clearly, if we move into the area of setting performance standards for electoral services management, which Sam mentioned is one of the things in the Bill, then that changes our relationship with those running elections around the country, and that would require us to adopt a new stance and to consider how we make those standards work in a way which adds value, which are accepted by local authorities as useful, and which do not at the same time conflict with all the other review and audit and inspection regimes that local authorities are subject to. The third key area I would like to mention is the one of regulation of parties, where I think, as Sam has said, the feedback from our stakeholders was that we were perhaps a little bit process-oriented in the way we do things, that there was too much form-filling, and that the approach we took was sometimes perceived as too inflexible. I think there is plenty of thinking being done around the wider public sector, and certainly it is something I have focused on because I have a particular background in thinking about these things in other roles I have had. There is certainly scope, I think, for looking at more intelligent regulation of parties, understanding, for example, which parties are high-risk in terms of those who are clearly finding it difficult to comply with the requirements of the legislation, and to tailor our approach so that they get more attention, and so that parties which clearly understand and are doing their best to comply do not necessarily have to jump through as many hoops as they do at the moment.

  Q17  Jessica Morden: Will that filter all the way down through the parties to the very local levels, where you have obviously got volunteer treasurers who now have an amazing amount of regulation?

  Peter Wardle: We do not in fact have a one-size fits all approach, but that is certainly how it is perceived at the level of local treasurers. Frankly, it is not in our interests. It conflicts with one of our aims, which is to maximise participation in the democratic process. It is not just about voters. It is also about the ease with which people can set up a political party, run a political party, and get involved in local elections on relatively local issues as well.

  Q18  Mr Tyrie: Just a couple of quick points. First of all, you said right at the beginning that you had done some private research on your effectiveness. Could you put that into the public domain?

  Sam Younger: There is no reason why not. I am very happy to.

  Q19  Mr Tyrie: Secondly, your budget is now £26 million.

  Peter Wardle: Just under.


 
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