Select Committee on Scottish Affairs Fifth Report


Summary



The results of the 3 May 2007 elections have not been challenged by any party. Recognising, however, that some seats were won with very small margins, we asked Mr Ron Gould, who conducted an independent review of the elections, whether he was comfortable that everybody who now serves in the Scottish Parliament deserved to be there. He responded "Frankly, no, I am not comfortable with that".

We were deeply concerned by the events of 3 May. Scotland has a long democratic tradition that must not be undermined. In this Report we examine the findings of the Gould Report and consider how best to take forward its recommendations so that the problems of 3 May are not repeated. It is not our intention to challenge the results of last year's elections, which have been universally accepted, nor would it appropriate to do so, but we would wish to emphasise the importance of this inquiry. What might at first seem to be petty administrative matters, easily overlooked by Ministers, can have important consequences for the democratic process as a whole.

Mr Gould has stated that his intention was not to ascribe blame to individuals or institutions. Whilst we agree that the focus must now be on moving forward and strengthening electoral procedures for the future, we do not believe that no-one was to blame for the problems of 3 May. There were failings on the part of the Scotland Office, where lengthy delays disrupted election planning and led to weak contingency arrangements. The Electoral Commission did not do enough to warn of potential problems with the ballot.

We have considered whether, in future, responsibility for running the elections should rest with one body. It would be possible to transfer responsibility to the Scottish Executive or to create a post of Chief Returning Officer, as proposed by Mr Gould. We do not consider that overall responsibility for elections to the Scottish Parliament should be transferred to the Scottish Executive. This is not necessary in order for elections to proceed smoothly in future. However, there may be a case for organisational changes on the ground in Scotland, including reformed structures of accountability. In this context, the proposal to establish a Chief Returning Officer for Scotland as a single point of accountability deserves further consideration, although its creation would have implications for the way in which elections are run across the UK. What is important is that there should be a clear line of accountability for each aspect of election planning and organisation. It may be possible to achieve this by strengthening and realigning one of the existing bodies, rather than creating a new post.

The use of e-counting has been subject to particular criticism. Although electronic counting may have the potential to produce results more quickly, in these elections it did not operate efficiently or transparency. Any future proposals must place the needs of the voter and the interests of transparency far above the limitations of any given technology.

Some of Mr Gould's recommendations have already been accepted in principle by the Scotland Office and by the Scottish Executive, including holding the Scottish Parliament and local government elections at different times and producing separate regional and constituency ballot papers for the Scottish Parliament elections. These actions may seem to provide easy solutions to some of the problems of 3 May, but our evidence strongly suggests that there are deeper problems with the way elections are administered, both in Scotland and across the UK. If these remain unaddressed, the same difficulties could recur in future elections. Although certain proposals can be implemented immediately, others will require significant further research. Any changes to the way in which elections are carried out must be accompanied by rigorous testing. As Mr Gould told us, the absence of such research and testing was a major failing that led to the problems of 3 May. The independent review of the Scottish elections needs to be seen as an opportunity to restore fully the integrity of the electoral process, and not to bring about a 'quick fix' by accepting only the simplest and least controversial recommendations.

Throughout our inquiry, witnesses have indicated that the problems underlying the 3 May experience are unlikely to be unique to Scotland. The Scotland Office therefore needs to co-ordinate its action with other government departments as well as bodies such as the Electoral Commission and local electoral officials to ensure that the integrity of the UK's complex electoral landscape is restored.


 
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