The
Committee consisted of the following
Members:
Brown,
Mr. Nicholas
(Treasurer of Her Majesty's
Household)
Bryant,
Chris
(Rhondda)
(Lab)
Buck,
Ms Karen
(Regent's Park and Kensington, North)
(Lab)
Cunningham,
Mr. Jim
(Coventry, South)
(Lab)
Goodman,
Helen
(Deputy Leader of the House of
Commons)
Hall,
Patrick
(Bedford)
(Lab)
Heath,
Mr. David
(Somerton and Frome)
(LD)
Hoey,
Kate
(Vauxhall)
(Lab)
Holloway,
Mr. Adam
(Gravesham)
(Con)
Hughes,
Simon
(North Southwark and Bermondsey)
(LD)
Jenkin,
Mr. Bernard
(North Essex)
(Con)
Kaufman,
Sir Gerald
(Manchester, Gorton)
(Lab)
Marshall-Andrews,
Mr. Robert
(Medway)
(Lab)
Purchase,
Mr. Ken
(Wolverhampton, North-East)
(Lab/Co-op)
Robathan,
Mr. Andrew
(Blaby)
(Con)
Streeter,
Mr. Gary
(South-West Devon)
(Con)
Vara,
Mr. Shailesh
(North-West Cambridgeshire)
(Con)
Rhiannon
Hollis, Committee
Clerk
attended the Committee
Fifteenth
Delegated Legislation
Committee
Tuesday 17
July
2007
[John
Cummings
in the
Chair]
Motion in respect of the Electoral Commission in the name of Ms Harriet Harman
10.30
am
Mr.
Andrew Robathan (Blaby) (Con): On a point of order
Mr. Cummings. This is an important matter, not least given
the criticism of the Electoral Commission over the last 12 months.
Indeed, some people have accused it of being somewhat supine in its
behaviour. A lack of leadership was mentioned by Sir Alistair Graham.
Therefore, it is particularly regrettable that I have only just
received the four CVs of the four people whom we are expected to
appoint. I spoke to my secretary this morningshe opens my
postand I suspect that the Ministers secretary opens
her post. My secretary received these at 10.20. Although the Clerk may
be responsible, I understand that there was some problem getting the
CVs out of the Electoral Commission. It seems unsatisfactory that we
should not receive the CVs until we start putting pressure on it or
until we come to this
Committee.
The
Chairman:
I am sure that the hon. Gentlemans
comments will have been noted by the authorities
concerned.
10.31
am
The
Deputy Leader of the House of Commons (Helen Goodman):
I
beg to move,
That an
Humble Address be presented to Her Majesty, praying that Her Majesty
will appoint as Electoral
Commissioners
(1)
Maxwell Marshall Caller CBE for the period ending on 31st December
2011;
(2)
Henrietta Campbell CB for the period ending on 31st
December 2011;
(3) Ian
Maxwell Kelsall OBE with effect from 19th January 2008 for the period
ending on 31st December 2012;
and
(4) John McCormick
with effect from 19th January 2008 for the period ending on 31st
December 2012.
The
appointments before us have been proposed by Mr. Speaker,
following an open recruitment process. This involved a competitive
selection process chaired by Dame Rennie Fritchie, the Public
Appointments
Commissioner.
This is
the first time that new appointmentsas opposed to
re-appointmentshave been proposed since the original
appointments to the commission following its establishment under the
Political Parties, Elections and Referendums Act 2000. The appointments
process has taken place under the direction of Mr Speaker. Under the
Act, Mr Speakers proposals are required to be put to the
leaders of the main political parties, who have all indicated that they
are content with the appointments. Mr. Speaker has
accordingly given his agreement to a motion being made in the
House
[
Interruption.
]
The
Chairman:
Order. Would hon. Members at the back please
refrain from carrying out conversations during
proceedings?
Helen
Goodman:
Thank you, Mr.
Cummings.
Mr.
Speaker has accordingly given his agreement to a motion being made in
the House for the appointments, and wrote to my right hon. and learned
Friend the Leader of the House to ask her to arrange for the relevant
motion to be considered, which is what brings us here today. I should
emphasise that, as the Electoral Commission is independent of
Government, this is a House matter. The Leader of the House and I are
therefore acting at the request of the Speaker, rather than on behalf
of the
Government.
Before I
go on to explain more about the details of the motion and the
appointments themselves, I shall just say a brief word about the
relationship between these appointments and the proposals from the
Committee on Standards in Public Life and more widely for additional
kinds of appointment to the commission. As colleagues will know, it has
been felt in many quarters that the commission would be strengthened in
its role if it were to include members with direct political
experience. This is currently prohibited under the terms of the
existing
legislation.
The
Committee on Standards in Public Life reported on the overall role and
work of the commission in January this year, and proposed that the
rules should be changed. It proposed that there should be four
commissioners, out of a total commission of 10, who should be appointed
on the basis of their background in different political parties, but
should not be direct representatives of the parties. The review by Sir
Hayden Phillips on party funding and earlier the report of the
Constitutional Affairs Select Committee on party funding took a similar
view. The Government, in their response to the Select Committee, have
already indicated that they broadly agree with these recommendations,
although further work is needed on the details.
A full response to the
Committee on Standards in Public Life report will be published in due
course. But the process of preparing and passing the necessary
legislation will, of course, take time. In the meantime, appointments
to the commission still have to be made and must be made under the
terms of the existing
legislation.
It does
not fall to us today to debate current concerns about electoral issues,
whether to do with postal voting or other aspects of the conduct of
recent elections. However, such matters are, of course, relevant to the
commissioners discharge of their functions and I will make sure
that any points made are relayed to the commission and to the Ministry
of Justice. No doubt the proposed new commissioners will read our
proceedings today and take note for
themselves.
Two of the
proposed appointments will take effect from this month, and a further
two from January 2008. The terms of office for the new
appointments
combined with the outstanding terms of those commissioners continuing in
officeare intended to put in place a commission whose members
would retire on a staggered basis, helping to preserve a reasonable
continuity in the
commission.
The
first two appointments fill the vacancy to be created by the end of the
term of office of Pamela Gordon, together with one outstanding vacancy
following the resignation of Professor Graham Zellick. The second two
will fill vacancies caused by the completion of the terms of office of
Glyn Mathias and Sir Neil McIntosh. Pamela Gordon, Glyn Mathias and Sir
Neil McIntosh have all been re-appointed at least once since
first[Interruption.]
The
Chairman:
Order. Would hon. Members please refrain from
carrying out loud conversations? Thank you.
Helen
Goodman:
Those three commissioners have all been
re-appointed at least once since first joining the new commission in
2001. I would like to take the opportunity, on behalf of both the
Government and the whole House, to thank all the commissioners for
their work and for the service they have given to public life by their
contribution to the commission.
Following the requests that
were made at earlier such Committee debates, we have arranged for CVs
of the four nominees to be made available to members of the Committee.
I am sorry if hon. Members did not receive them until first thing this
morning. However, I hope that they will find it helpful to see those
papers now.
From its
number, the Electoral Commission must choose a chairman of the boundary
committee for England, a function which Pamela Gordon has hitherto
carried out with distinction. It has also asked individual
commissioners to take a lead interest in the other nations. The new
appointees will enable the commission to continue that practice, with
the added benefit that, for the first time, there will be a
commissioner with strong personal links in Northern Ireland. The
commission believes that that will make its activities there more
effective.
I have
every confidence that the appointments will contribute greatly to the
work of the commission and help to take it forward through the
challenges of the coming years. I commend the motion to the
Committee.
10.38
am
Mr.
Shailesh Vara (North-West Cambridgeshire) (Con): What a
pleasure it is to serve under your chairmanship, Mr.
Cummings, for the first time in this Committee. I also congratulate the
Deputy Leader of the House of Commons on her debut on the Front Bench
for the Government.
We agree with the appointments
and I do not intend to repeat at length some of the points that the
Minister has already made. As far as Dr. Henrietta Campbell, Max
Caller, Ian Kelsall and John McCormick are concerned, we have no
objections. We, too, put on the record our thanks to the outgoing
commissioners.
I want
make three brief points. I was heartened to hear from the Minister that
there will be a change to
the rules that will allow people with direct political experience to be
members of the commission in future. That is very important. At the
moment, we have people who have dealings with politicians, but it is
important that we have people with specific experience. I suggest that
we should have people of the highest calibre, and Privy Councillors
should certainly be considered for the appointments.
Secondly, the population as a
whole has some 52 per cent. representation by women. It is regrettable
that so far only one of the six commissioners is female. That
proportion will not change with the new appointments. Although it is
important that appointments should be made entirely on merit, I am
minded to say that with a little more effort there might be a bit more
balance in the commission in the future.
My hon. Friend the Member for
Blaby mentioned the comments made by Sir Alistair Graham, the former
chairman of the Committee on Standards in Public Life. Sir Alistair
specifically criticised the Electoral Commission for lacking
courage, competence and leadership, and I very much
hope that the new nominees will take that criticism on board and have
the courage to take on the Government if they feel that that is
necessary. Sir Alistair also said that the commissions mandate
was too weak, and I very much hope that the new
appointees will take that criticism on board and do whatever is
necessary to increase their mandate so that the commission can be a lot
more effective than it has been to date.
10.40
am
Simon
Hughes (North Southwark and Bermondsey) (LD): I welcome
you to the Chair, Mr. Cummings. I also welcome the Minister
to her first Commons Committee in her new role and I wish her
well.
Let me first
echo the concerns that have been expressed about the notes that we
received. I got my note yesterday, so I had a chance to check who these
people are, but I make a request that Ministers ensure that we receive
any such papers in good time in future if we need to look at them for
such a Committee. In that way, everybody will be able to see them and,
if necessary, to ask any follow-up questions bilaterally or to do a bit
of research before the
debate.
I pay tribute
to the outgoing commissioners, each of whom I have metsome on
more than one occasion. Many of them are very eminent, and they and the
commission have done a good job. I am a supporter of the commission,
although that does not mean that I am not a supporter of Alistair
Graham and the Committee on Standards in Public Life, which has also
done a good and robust job. Indeed, Sir Alistair Graham did a
sufficiently robust job that the Government did not want him to
continue doing it, which is a pity, because he was good at his job, and
I should have liked him to continue in office.
With the changes that the
Minister foreshadows, I hope that we will have a strong commission that
retains and increases the support of colleagues in both Houses and more
broadly. I also hope that the commission will be seen to be effective
in all the four countries of the United Kingdom and that it will be an
independent body that makes clear what should happen and keeps on doing
so even when the Government do not
respond. Earlier in the year, there was the issue of how we identify
voters, and the commission had a very strong view on that, but the
Government did not accept it. I have set out elsewhereI will
not elaborate on this todayhow the commission may put its
proposals directly to the House through Mr. Speaker. In that
way, if the Government want to amend its proposals, they will be seen
to be amending them, rather than simply putting forward those proposals
that they want accepted.
I also want to make a comment
similar to that made by the hon. Member for North-West Cambridgeshire.
I want the Minister to put on record the commissions gender
balance as it is now and as it will be following the changes, its
ethnic mixhow many non-white, or black and minority ethnic
commissioners there areand what, in broad terms, the age range
is. The four appointments clearly reflect the four countries of the
United Kingdom, and there appear to be people born in each of the four
countries, although one wisely moved from England to Wales to do much
of his work. As a result, there are two people with lots of Welsh
experience, but four people overall, and it is good that they have lots
of relevant experience in the four countries. However, I absolutely
share the view that the commission will be at its most credible not
only when the people brought into it have, as is proposed, experience
of political partiesI understand, welcome and have argued for
thatbut when they are reflective of the electorate as a whole
in terms of their age, gender, ethnicity and background.
I have three specific questions
for the Minister. How much will each of the commissioners be paid? What
do their contracts say about the number of hours or days per week or
days per year that they will work? What is the minimum service that
they will give? Would any other of their activities be regarded as
conflicts of interest once they are appointed? Are they being asked to
consider giving up anything that they are doing or are they expected to
continue doing all the things that they are doing at the
moment?
I welcome all
the appointments, which seem to be good ones. The three parties have
given their blessing to them, but we need to know the exact terms and
conditions on which they have been made. We wish the appointees well
and look forward to seeing and hearing from them regularly, and to a
robust performance in future.
10.45
am
Sir
Gerald Kaufman (Manchester, Gorton) (Lab): I congratulate
my hon. Friend the Deputy Leader of the House of Commons on her
appointment.
I am a
member of the Speakers Committee on the Electoral Commission,
the proceedings of which are, of course, confidential; I shall not
refer to them. However, my membership of the committee has resulted in
my taking a strong interest in the work of the Electoral Commission,
and I should like to make some brief
points.
First, it is
extremely important for the Electoral Commission to concentrate on its
statutory remit, rather than stray beyond it into all kinds of other
activities that, frankly, are none of its business. I am thinking of the
training of electoral officers in local authorities, for
example.
For a long
time, the financial control of the Electoral Commission was poor, and I
hope that the new commissioners will assist in making sure that that
control is stringent and properly
documented.
Mr.
Ken Purchase (Wolverhampton, North-East) (Lab/Co-op): As I
recall, the expenditure in the last year for which figures were
published was in excess of £24 million. Has my right hon. Friend
a more up-to-date figure of the total expenditure? As he said, one has
to ask whether the commission should be meddling in other affairs or
dealing with its core
duty.
Sir
Gerald Kaufman:
I do not have the figures with me, but I
can say that until very recently, the Electoral Commission did not have
a financial officer, and that was a matter of great concern to
me.
Secondly, it is
very important for the Electoral Commission to concentrate above all on
the achievement of a full and accurate register. We simply do not have
one in this country today, and the commission should concentrate on
that.
Thirdly, if the
Electoral Commission makes any play whatever to take over the work of
the boundary commissioners, the attempt should be very firmly rebuffed.
The boundary commissioners do an extremely good job; they intervened to
prevent the abolition of my constituency. Their work and inquiries and
the meticulous way in which they carry out their jobs are such that
their work should not be handed over to the Electoral Commission, on
which a large number of other important jobs are imposed by statute. It
ought to carry those out before its eyes grow too big and seek other
work.
10.48
am
Kate
Hoey (Vauxhall) (Lab): If there was a little muttering at
the back earlier, Mr. Cummings, it was because we were all
reading with amazement the detailed accounts of the members to be
appointed to the Electoral Commission. We were marvelling at some of
the things that they had done; I had not read about them until this
morning either. It is amazing to learn that Mr. Caller is
now an expert on Londons brick sewers; that is really
important. I welcome the fact that the members to go forward come from
all parts of the United Kingdom, and I particularly welcome Dr.
Henrietta Campbell, the only woman member and only member from Northern
Ireland.
I should like
to ask one or two simple questions about things that perhaps I should
know but do not. If I am to sit on a Committee with all these very
honourable Members from both sides, I should like to make sure that I
know what I am voting for. Will the Minister tell us exactly how many
people applied for the jobs, if she has not already done so? I am sorry
if I missed anything. How many people put their names forward? Who
decided who the four would be? I was particularly interested, too, by
the question asked by the hon. Member for North Southwark and
Bermondsey about remuneration and the time of
work.
10.50
am
Helen
Goodman:
I shall first respond to the comments of the hon.
Member for North-West Cambridgeshire. The Government said in their
response to the Constitutional Affairs Committee that they
would
welcome a change
to the provisions in the 2000 Act to allow a minority of Commissioners
to be people with experience of politics from across the political
spectrum,
but we do not
yet have a timetable for implementing that change. It will be
considered as part of the wider response to the Committee on Standards
in Public Life, which will probably be given in the autumn. Of course,
I agree with the hon. Gentleman that it is always good to see proper
representation of women and ethnic minorities, and I commend to him the
possibility of Opposition Members encouraging women from their parties
to be put forward.
The question whether the role
of the Electoral Commission is appropriatesome hon. Members
feel that it is too strong, and my right hon. Friend the Member for
Manchester, Gorton made a clear case for not widening it
significantlywill also be taken into account in the general
response to the Committee on Standards in Public
Life.
Simon
Hughes:
I am sure that the Minister will know that there
are people who take the view directly opposite to that of the right
hon. Member for Manchester, Gorton, and believe that there should be
one boundary commission for the whole UK and that the job should go to
the Electoral
Commission.
Helen
Goodman:
Of course, and that is why it will be important
for the House to debate the matter in the autumn. I am afraid that I do
not have the information that the hon. Gentleman requested on pay,
hours and precise contracts and terms of service. I shall write to all
members of the Committee with that
information.
Simon
Hughes:
I am conscious that the Minister has just taken up
her role, but that is completely unsatisfactory. For somebody to
propose the appointment of people to a public office and not be able to
tell us before whether we decide to approve them how much they will be
paid and how many days a week or year they are committed to working is
absolutely
unsatisfactory.
Helen
Goodman:
I am sorry if the hon. Gentleman feels that, but
the salary and time commitments are within the remit of the
Speakers Committee, which is also responsible for overseeing
the resource use of the Electoral
Commission.
My hon.
Friend the Member for Vauxhall asked about the application process and
the number of people who applied. I do not know how many people
applied, but I asked precisely that question. There was an open
competition with public advertisements. The initial sift was done by
Odgers, and then a panel was set up under the chairmanship of Dame
Rennie Fritchie. I hope that I have answered Members questions
satisfactorily.
Patrick
Hall (Bedford) (Lab): I am trying to follow this. It seems
that the role of the Committee is simply to rubber-stamp a process that
none of us, including the Minister, has been involved in. The process
seems somewhat lacking in parliamentary scrutiny. I wish to put that on
the record so that, in future, such matters can be approached with a
little more careful thought and the role of Members of the House can be
used a bit more
effectively.
Helen
Goodman:
The responsibility falls to the Speaker and the
Speakers Committee, and the panel was set up under their
direction. The names of all the people who have been put forward were
shared with the leaders of all the political parties before we brought
them to this Committee. That is the process we are following. It was
set out in the legislation, and it has been followed not just for
reappointments but for all previous
appointments.
I accept
that hon. Members want some change in respect of who can belong to the
Electoral Commission. That has been discussed earlier, and I shall take
away their suggestions about the process as
well.
Mr.
Vara:
I wish to clarify just one point. I raised the issue
of a slightly more gender-balanced commission, and the Minister replied
that perhaps it would be helpful if the Opposition were to submit more
women candidates. The inference from that is that places are filled by
appointment. In her concluding comments, she said that they were filled
by open competition, that a recruitment company had been engaged and so
on. I would like to make it clear that what I am saying is that the
process of recruitment should ensure that there is a good gender
balance. I very much hope that she will confirm that although
nominations can be put forward by all political parties, that in itself
is not good
enough.
Helen
Goodman:
I am grateful to the hon. Gentleman for that
intervention. The fact of the matter is that at present we follow an
appointments procedure that runs through a straightforward open
competition. It would be perfectly possible, as he suggests, for the
recruitment agency that is employed to take account of gender balance
and the number of people who belong to ethnic minorities in its sift
and its advertisements. Of course that is
true.
My understanding
is that at present the question of how political appointments are to be
made to the commission is still unresolved. Some take the view that
they should be nominees, but others believe that that would compromise
independence, and that we should simply change the present restrictions
on who can be appointed through the open process. That is an issue for
us to address later when we deal with the response to the Committee on
Standards in Public
Life.
It is helpful to
me to hear hon. Members views, but the issue before us today is
simply whether we approve the nominations. I very much hope that I will
have the support of the Committee in approving
them.
Simon
Hughes:
I am grateful to the Minister for dealing with
that point, but I would like to put one other issue on the record. She
has not yet confirmed
how many women there are or will be on the commission, and whether there
are any people who are black or from ethnic
minorities.
I am
troubled. The people are fine, but all the questions have been around
the fact that we are just given the names. We are not given the salary
or enough other information. Unfortunately, I cannot vote on that. I
intend no disrespect to the people, but we cannot be asked, whether by
Mr. Speaker, the Speakers Committee or the Deputy
Leader of the House, to vote for people without knowing what we are
asking them to do or how much they will be paid. That is just not
acceptable. I shall divide the Committee, because we cannot be asked to
go along with such a
process.
Mr.
Robathan:
I had not intended to intervene, but I wish to
pick up on something that the Minister said. Of course political
parties are interested in the make-up of the Electoral Commission, but
I hope she can confirm that political activity or allegiance is not
taken into account when appointing commissioners. Frankly, I hope that
the Electoral Commission is entirely
impartial.
Helen
Goodman:
I can tell the hon. Member for North Southwark
and Bermondsey that the proposal that I bring to the House on behalf of
the Speaker this morning is that there should be one woman on the
commission as, hitherto, there has been. I cannot tell him if there are
any members of minority communities. However, before he takes such a
robust position on the unacceptability of the process, he should bear
in mind that these appointments have been cleared with his party
leader.
The point
made by the hon. Member for Blaby about the independence of the
commission is well understood. The proposal to allow members of
political parties or those who have been politicians to sit on the
commission would allow them to be only a minority. As I said earlier,
that is not the issue under discussion
today.
Mr.
Purchase:
I speak absolutely in the spirit of
co-operation. My hon. FriendI welcome to her new
positionis in what appear to be extremely difficult
circumstances. Clearly, there are difficulties in the
Committee. I would normally come to such Committees, listen to the
arguments and happily support my partys position. On this
occasion, however, I ask for guidance on whether it would be possible
for more information to be provided; and, meanwhile, that we adjourn to
a more suitable time. Is that
possible?
Helen
Goodman:
I am very sorry, but I shall disappoint my hon.
Friend. At the moment, we do not have sufficient members for the
commission to fulfil its role over the next few months. I therefore ask
him to support the motion.
Kate
Hoey:
I think that we all share the concern that we are
not here just to rubber-stamp things and that we are not here to vote
for peoplealthough we might know some of them, we do not know
them all. May I ask the Minister again what would happen, for instance,
in a months time if one of these people turned out to do
something very strange? We would have voted through someone without
knowing all the details. Could we at least be given a commitment by the
Minister that, by this afternoon, there will be placed in the Library a
copy of the remuneration of these people and of the times that they
will workall the questions asked by the hon. Member for North
Southwark and Bermondseyand also whether their remuneration is
different from that of previous
members?
Helen
Goodman:
I am happy to accede to my hon. Friends
request. The information will be in the Library this
afternoon.
Simon
Hughes:
I would still want to divide the
Committee.
Resolved,
That
an Humble Address be presented to Her Majesty, praying that Her Majesty
will appoint as Electoral
Commissioners
(1)
Maxwell Marshall Caller CBE for the period ending on 31st December
2011;
(2)
Henrietta Campbell CB for the period ending on
31st December
2011;
(3) Ian Maxwell
Kelsall OBE with effect from 19th January 2008 for the period ending on
31st December 2012;
and
(4) John McCormick
with effect from 19th January 2008 for the period ending on 31st
December
2012.
Committee
rose at four minutes past Eleven
oclock.