Select Committee on Standards and Privileges Fifth Report


Appendix 1: Letter to the Chairman from the Chairman of the Electoral Commission


As you will know, during the Commons second reading of the Electoral Administration Bill the issue of duplicated donation reporting requirements for Members of Parliament was raised. We share the concerns raised on this issue, and are aware that you also have a close interest. I thought it might be useful to let you know our views on how this might be taken forward.

The Commission shares your concerns on the issue of holders of elective office being required to report details of donations both to the Commission and to the relevant body to which they are elected, or to the relevant Standards Boards in respect of local government. This is an issue that the Commission has already raised with a number of relevant institutions responsible for maintaining registers of members' interest.

Over the past four years, the Commission has monitored compliance with the reporting requirements placed on holders of elective office by the Political Parties Elections and Referendums Act 2000 (PPERA). Based on this experience, our view is that little value has been added to the aims of transparency and accountability through these controls.

The Commission is keen that holders of elective office are subject to proportionate, effective and clear controls that will ensure transparency and accountability. However, having two sets of similar reporting requirements has caused notable confusion for holders of elective office as to when benefits should be reported and under which rules.

The Commission would therefore welcome an amendment to the Electoral Administration Bill in order to exempt holders of elective office from requirements to report donations in accordance with Part III of Schedule 7 of PPERA. Holders of elective office would then be subject to only one set of reporting requirements, those regulated by the relevant body to which holders of elective office are elected or to the relevant Standards Board.

However, members of registered parties and members associations, also regulated under Schedule 7, should not be exempt from donation reporting requirements. These individuals and bodies are not subject to duplicated controls and properly fall under the controls of the PPERA. Further, the Commission is not of the view that holders of elective office should be exempt from PPERA controls on the sources from which they can accept donations. Controls prohibiting parties, candidates, holders of elective office and others from accepting donations from anonymous or overseas sources remain an essential element of the PPERA regime.

Were reporting requirements to be removed for holders of elective office, the Commission could maintain its work monitoring compliance with the controls on the acceptance of donations through access to, and inspection of, the registers of members' interests maintained by the relevant elected bodies and standards boards. The Commission stands ready to work closely with the relevant institutions to ensure that suitable processes can be put in place to enable such compliance work to be undertaken.

Staff of the Commission have raised these points with officials at the Department for Constitutional Affairs and I am hopeful that the Government will bring an amendment forward in response to the points made at Second Reading. In the meanwhile, do let me know if you would like any further information from the Commission on this matter.

8 November 2005  Sam Younger


 
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