Appendix
Introduction
1. The Government welcomes the Fifth Report of
the Scottish Affairs Select Committee Session 2007-08 on the experience
of the Scottish elections which were held in May 2007. The Committee
has identified a number of issues which it believes need to be
addressed; the Government is equally concerned to ensure that
everyone involved in the election process in Scotland works together
to eliminate the problems that occurred at those elections.
2. This Government is determined that the events
of the May 2007 Scottish elections should never happen again.
In seeking to ensure that the problems which led to the spoiling
of a significant number of ballot papers in the election to the
Scottish Parliament in 2007 and the confusion around the use of
electronic counting do not happen again the Government's overriding
priority has been to put the interests of the voter first.
3. The key task now is to re-build the confidence
of voters in casting their vote. The steps that the Government
has set out today in the Government's statement on the Gould report
and in this response to the Scottish Affairs Committee report
are, the Government believes, the right ones to take to ensure
that the problems of the 2007 election never happen again.
4. It is the Government's view that all political
parties should work together to build on the proposals in the
Gould Report in order to improve the election process in Scotland.
Elections belong to the people, not individual political parties,
and that is why all parties must work for across the board consensus
and to ensure that the Scottish voter is put first.
5. The Gould Report on the May 2007 Scottish
Parliament and local government elections was published on 23
October and the Secretary of State for Scotland immediately accepted
a number of recommendations which would, in future, help to improve
the experience of voters when they vote at elections to the Scottish
Parliament. On 23 October the Secretary of State made the following
commitment in the House:
In addition, I wish there to be further parliamentary
debate in this House and will initiate wider discussion with ministerial
colleagues and with the wide range of interests involved in electoral
matters. That would include the Electoral Commission and Mr. Gould
and his team, if possible. I believe that those are important
steps to take before we finalise views to be set out in our final
written response to the report.
I commend Mr Gould's report to this House and look
forward to more extended debate on its findings in due course.[2]
6. On 13 November, when giving evidence to the
Scottish Affairs Committee, David Cairns, Minister of State at
the Scotland Office, confirmed that the Scotland Office would
be launching a consultation document as well as a series of meetings
with political and other interested parties.
7. On 13 December 2007, the Government issued
a consultation document, Sorting the Ballot: Improving the
Elections to the Scottish Parliament, on the recommendations
contained in the Gould report. The purpose of the consultation
paper was to get views on suggestions and options to improve voting
at elections to the Scottish Parliament in the future. This consultation
related only to how the elections to the Scottish Parliament are
carried out. It did not relate to the UK and European Parliament
elections held in Scotland, which are the responsibility of the
Ministry of Justice, nor did it cover elections to local government
in Scotland which are the responsibility of the Scottish Executive.
8. This written consultation was backed up by
meetings with the 4 main Westminster parties, electoral administrators
and the Electoral Commission. In addition 8 focus groups were
held in order to gather the views of voters.
9. The views expressed by those that attended
the focus groups and responded to the Sorting the Ballot
consultation paper have played a significant part in informing
the Government's response to the Committee's report.
Experience of the Scottish Elections: Conclusions
and recommendations
THE QUESTION OF RESPONSIBILITY
1. We agree that the Scotland Office and all those
involved in planning and organising elections in Scotland should
now focus on how to strengthen electoral procedures for future
years, rather than on assigning blame for what went wrong on 3
May. This is not to deny that there were failings on the part
of individuals and institutions. We do not believe that 'no-one
was to blame' for the problems. Rather, lines of accountability
were so fragmented and confused that no one person could be held
solely responsible. (Paragraph 12)
10. The Government has already acknowledged that
mistakes were made by all those involved with the planning and
organising of the May 2007 elections. The Government strongly
agree that efforts should focus on rebuilding voters' confidence
in the electoral process and eliminating the risk of similar problems
in the future. The Government is therefore proposing to establish,
on a non-statutory basis, an Elections Policy and Planning group.
This Group, chaired, for the first time, by a senior Returning
Officer, will report to the Secretary of State for Scotland on
a regular basis on progress with the commitments given in this
response. The Group will also take the lead in the active planning
for the elections in 2011, again reporting to the Secretary of
State for Scotland.
ROLE OF THE SCOTLAND OFFICE
2. It is clear to us that there were significant
delays in Ministerial decision making in the run up to the 2007
Scottish Parliament elections. It may be that these delays were
the result of a desire to allow the consultation process to run
its full course. Nevertheless, Ministers in the Scotland Office
must realise that excessive delays will have serious consequences
for the smooth running of an election. It is highly likely that
many of the problems of 3 May 2007 would not have arisen had the
legislation been put in place sooner, allowing for proper testing
and contingency planning of the practical aspects of election
organisation. (Paragraph 17)
11. While the Government acknowledges that there
were delays in making some decisions in the run up to the May
2007 Scottish Parliament elections, these delays were due to the
need to consult fully. However the Government has already given
a commitment that changes in the law governing the conduct of
elections will be in place 6 months before the date of future
Scottish parliament elections. This should allow sufficient time
for proper testing and planning of the practical aspects of the
election process.
THE ELECTIONS STEERING GROUP
3. The lack of a clear decision-making structure
for the Elections Steering Group was a key failure of the preparations
for the 2007 elections to the Scottish Parliament. The benefits
of consultation had been demonstrated by the experience of previous
elections. Nevertheless, the desire to take account of as many
views as possible should not prevent structures being established
to draw the consultation process to a timely conclusion. (Paragraph
23)
12. The Government agrees that co-ordination
of elections can be improved and therefore, as mentioned above,
the Government is proposing to establish an Elections Policy and
Planning group. The Group will also take the lead in the active
planning for the elections in 2011.
FUTURE RESPONSIBILITY FOR ELECTIONS TO THE SCOTTISH
PARLIAMENT
4. 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.
(Paragraph 26)
13. The Government accepts the Committee's recommendation
that there is no need to transfer the overall responsibility for
the Scottish Parliament elections to the Scottish Executive.
14. The Government has considered the question
of whether a Chief Returning Officer should be appointed with
full responsibility for administering Scottish elections. The
Gould report sets out a range of functions that a CRO might fulfil.
However the views that have been expressed across the political
spectrum and by administrators are not conclusive. A considered
examination of the structures required for administering elections
in Scotland is necessary and the Government notes that the Electoral
Commission has taken the initiative in leading on an initial investigation
on this subject and their report is expected later this summer.
The Scottish Executive has also indicated that they propose to
consult on the detailed options for a CRO for local authority
elections later this year. Given the need to ensure a consistent
approach across elections in the potential role of a CRO, and
the ongoing consideration that is being given to this issue, the
Government will work closely with colleagues across Government,
the Electoral Commission and the Scottish Executive in examining
this in more detail before a final decision is reached.
15. However, this consideration will take time
and any change would require primary and secondary legislation.
The Government is very conscious of the need to make decisions
now for the elections in 2011 so that there is no uncertainty
about how these elections will be run. The Government is also
conscious of the need for a period of stability in order to rebuild
confidence in the Scottish electoral processes. The Government
does not think it practical therefore to make decisions on a CRO
to enable such a person to be in place for the 2011 election.
That is not to rule out the concept, but rather to ensure sufficient
time is available to give the matter the consideration it deserves.
16. By the end of this year, as Gould recommended,
work will have begun on consolidating that legislation in a single
statutory instrument. Scotland Office Ministers have committed
to achieving this consolidation at least 6 months before the 2011
elections are held.
ROLE OF THE ELECTORAL COMMISSION
5. We were not satisfied with the quality of the
VoteScotland information campaign. In future, better information
campaigns need to be run, particularly when there are changes
to electoral procedures. (Paragraph 32)
17. Under Section 13 of the Political Parties,
Elections and Referendums Act 2000, the promotion of public awareness
of electoral systems in the United Kingdom, including the Scottish
Parliament elections, is the responsibility of the Electoral Commission.
6. We conclude that the communication process
between the Scotland Office and the Electoral Commission was not
effective. Failures on the part of the Electoral Commission meant
that warning signs were not acted on. We are particularly disappointed
that the Electoral Commission did not raise concerns about the
level of spoiled ballots in the pilot study. There is little value
in establishing an independent Electoral Commission if it fails
to act robustly to warn Government of potential problems with
the electoral system. It is difficult to see the Electoral Commission
as having added any value to this entire process. (Paragraph 35)
18. The Government acknowledges the importance
of good communications with the Electoral Commission and will
continue to give priority to this.
7. The status of the Electoral Commission, combining
an external auditing role with active participation in organisational
aspects of electoral procedure is in need of review. In particular,
the Committee would see advantage to some participation, albeit
as a minority, of nominees from political parties. This has now
been recognised by a number of observers, including the Committee
on Standards in Public Life. As part of this review, the Government
should give consideration to the proposal to appoint a Chief Returning
Officer for Scotland and the allocation of responsibility for:
- the provision of legal advice;
- the development of electoral policy;
- commissioning research;
- the provision of guidance to returning officers;
- compliance and the regulation of political
parties;
- monitoring and auditing functions; and
- operational roles (including voter information
and awareness programmes). (Paragraph 36)
8. It is unlikely that all of the factors leading
up to the 3 May problems are unique to Scotland. (Paragraph 37)
19. The Government notes the Committee's views
on the participation of nominees from political parties in the
Electoral Commission. The White Paper on Party Finance and Expenditure
in the United Kingdom, published on the 16 June, sets out the
Government's proposals in relation to representation on the Electoral
Commission by those with political experience. The Government
intends to take steps, through legislation, to reduce the current
bar on individuals being appointed as Electoral Commissioners
if they have been engaged in political activity, from ten to five
years. Further, the Government intends to disapply the bar to
allow the appointment of a minority of Commissioners with recent
experience of political life. These proposals are broadly in line
with the Committee for Standards in Public Life (CSPL) recommendations.
THE COMBINED BALLOT PAPER
9. We agree that, on the next occasion, separate
ballot papers must be provided for the election of constituency
and regional MSPs. However, we note that the suggestion to combine
the ballot papers stemmed from a desire to highlight the importance
of the regional vote, which is sometimes perceived as having secondary
status. The return to separate ballot papers leaves this issue
unaddressed. It may be that there are better ways to highlight
the significance of the regional vote, for example, through central
voter information campaigns as well as the campaigns run by the
political parties themselves. (Paragraph 44)
20. The Government has already announced that
separate ballot papers will be used for the constituency and regional
ballots in the 2011 Scottish Parliament elections. Under Section
13 of the Political Parties, Elections and Referendums Act 2000,
the promotion of public awareness of electoral systems in the
United Kingdom, including the Scottish Parliament elections, is
the responsibility of the Electoral Commission.
CONTINGENCY PLANNING
10. There was a shocking lack of accountability
for the decision to alter the ballot papers in the Glasgow and
Lothians regions to accommodate a larger than expected number
of candidates. We are concerned that we have never received a
satisfactory explanation for this decision. The lack of robust
contingency plans for eventualities such as this was in part due
to the successive delays in ministerial decision-making. Delays
of this nature (even if they are well-intentioned, for example,
to allow for consultation) should not be allowed to jeopardise
the integrity of the electoral process (Paragraph 48)
21. Last minute decisions on the design of the
ballot papers in Glasgow and the Lothians partly stemmed in part
from the lack of time between the close of nominations and the
polling date. The Government has already announced that the timetable
for the Scottish Parliament elections will be changed to provide
for close of nominations to take place 23 days before polling
day. The Government will also consider with the Elections Policy
and Planning Group adjustments to the election timetable so that
the postal vote procedure is handled in an effective and timely
manner in future elections. In addition the decision to manually
count the ballot papers for the 2011 Scottish Parliament election
will mean that the requirement for the ballot paper to be restricted
to a certain size in order to allow for electronic counting will
no longer apply. This should allow more freedom in the design
of the ballot paper.
PARTY DESCRIPTIONS
11. We support further research into a new format
for ballot papers, particularly the questions of candidate order
and the use of party descriptions in addition to registered party
names. Any change would need to be subject to extensive testing.
It may be that moving away from alphabetical order in favour of
a lottery system would increase the potential for confusion. (Paragraph
52)
22. As part of the consultation process, the
Government commissioned research to specifically ascertain the
views of ordinary voters on, amongst other things, the design
of the ballot paper. The overwhelming view of voters was that,
on the constituency ballot paper, candidates should continue to
be listed alphabetically by surname and, on the regional ballot
paper, the parties should be listed alphabetically by registered
party name with the party description taking second place on the
paper. The main reason given for this view was that voters already
know who they are going to vote for when they arrive at the polling
station and alphabetical order makes it easier to find the appropriate
candidate/party. Voters also wanted the party description to be
included as it helps to distinguish between parties with similar
sounding names.
23. The Government is therefore of the view that
in future there should be separate ballot papers for the constituency
and regional votes, in alphabetical order, by party name in the
case of the regional ballot paper with independents grouped together
in alphabetical order by name. Registered descriptions will continue
to be used on the regional ballot paper but will be placed second
after the registered party name. They will not be able to be used
on the constituency ballot paper where only the registered party
name will appear. The Government will give consideration as to
whether or not political parties should be able to use the word
'Scottish' in their party name where it does not form part of
their registered party name.
24. However, the Government is aware that the
Electoral Commission are planning to undertake work on ballot
paper design which will be complete in September. The Government
will consider the Electoral Commission's findings and, prior to
the next Scottish Parliament elections, will work in partnership
with the Electoral Commission and electoral administrators to
ensure the final design is thoroughly tested with voters.
SECRECY OF THE BALLOT
12. The secrecy of the ballot is of prime importance
in a democratic society. To jeopardise it simply because of the
demands of an electronic counting system is perverse. We strongly
support the measures to ensure the secrecy of the ballot outlined
in the Gould Report. (Paragraph 54)
25. The Government agrees with this recommendation.
The secrecy of the ballot is a key concern of voters and candidates.
The return to manual counting provides the possibility of a return
to folding ballot papers. The legislation currently provides for
candidates standing for election to participate in the sealing
of ballot boxes.
E-COUNTING
13. There has been a severe loss of confidence
in e-counting. The experience of its use in the Scottish Parliament
and local government elections revealed a fundamental lack of
transparency. The checks and balances of a manual system must
be retained. Candidates and observers must have access to ballot
papers in order to ensure that procedures are followed correctly
and that recounts can be asked for. Until these problems are resolved,
we do not support the use of e-counting for future elections.
(Paragraph 60)
26. The Government has already announced that
the 2011 Scottish Parliament elections will be counted manually.
Before any decision is taken to use e-counting at any future Scottish
Parliament elections, the Government will ensure that the necessary
checks and balances are in place.
OVERNIGHT COUNTING
14. We are confident that the next Scottish Parliamentary
elections, decoupled from the local government ballot, can be
counted manually on the night without risk to the system. Future
arrangements for counting should be considered as part of the
research into counting systems that we have recommended earlier
in this Report. (Paragraph 63)
27. There is a strong tradition in the UK for
overnight counting in order to get the results quickly. The focus
group research commissioned by the Government, suggests that voters
favour the overnight count. The Government has therefore decided
that there should be no change from the current arrangements,
that the count should take place as soon as practicable after
the polls close. The final decision on when it is practicable
that the count should take place, given local circumstances, will
remain a matter for individual Returning Officers.
POSTAL VOTING
15. No voter should receive their postal vote
so late that there is no realistic possibility of returning it
in time to be counted. In 2007, understandable confusion was caused
by the fact that the instructions did not match the ballot paper.
These problems must not be repeated. We support further research
into the use of advanced voting in person which may have advantages
in terms of increasing turnout as well as reducing costs and bureaucracy.
In addition, there should be a restriction on eligibility for
postal votes. (Paragraph 67)
28. The Government has already accepted the Gould
Report recommendation that the timetable for the Scottish Parliament
elections will be changed to provide for close of nominations
to take place 23 days before polling day. The Government will
also consider with the Elections Policy and Planning group adjustment
to the elections timetable so that the postal vote procedure is
handled in an effective and timely manner in future elections.
29. Advanced voting strategies are under active
consideration by the Government. The Government will continue
to look at ways of making voting more accessible, including access
to postal voting, and will shortly be publishing a strategy. The
Governance of Britain Green Paper supports investigating the
modernisation of voting methods, as well as explicitly supporting
the continued investigation into the benefits of electronic voting
including remote electronic voting. At the May 2007 English local
elections there were 12 Pilot schemes which investigated the following
ways of modernising the voting process:
- e-voting
- electronic counting
- advance voting
- signing for ballot papers
30. These schemes were then evaluated by the
Electoral Commission. The evaluations of these pilots and the
findings in the Gould report will inform the Government's approach
to improving the electoral process and in developing a strategy
for electoral modernisation. These improvements will focus on:
- Ensuring that the conduct of
elections is secure, transparent and accountable;
- Improving participation—ensuring the voting
process is universally accessible for all eligible people;
- Making the voting process more convenient and
responsive to the needs of voters;
- Improving the reputation and credibility of the
processes being used (e.g. remote e-voting and e-counting);
- Increasing integrity in the electoral process.
'DECOUPLING' THE ELECTIONS
16. The decision to 'decouple' the dates of the
Scottish Parliament and local government elections appears to
offer a simple way to eliminate the complexity of holding a combined
election. In principle, we believe that two or more votes in different
elections or referenda should not be held on the same day. (Paragraph
73)
31. The Government does not agree that it always
necessary to hold elections on separate days. Sometimes, as has
happened in the past, there is a positive advantage in combining
elections in the same day in order to increase voter turnout and
to reduce the administrative burden and costs.
32. The combination of elections at the May 2007
Scottish Parliament and local government elections was unusual
in that it involved the Additional Member System, where the voter
placed one X for a constituency candidate and one X for a regional
party, and the Single Transferrable Vote system, where the voter
was asked to rank candidates in order of preference using 1, 2,
3… etc. The research into the views of ordinary voters showed
that voters found this particular combination of different methods
of voting confusing.
33. The decision to combine the elections was
taken by the Scottish Parliament but the Scottish Executive have
indicated in their response to the Gould report that they intend
bringing forward legislation to decouple the elections and have
consulted on how best to achieve this. The Government considers
that decoupling of the Scottish local government elections from
the Scottish Parliament elections will resolve the issues of fragmentation
in decision-making that Mr Gould identifies.
A CHIEF RETURNING OFFICER FOR SCOTLAND
17. We also have concerns about voter registration.
In many cases, electoral registers are outdated. This needs to
be a priority for returning officers. If a Chief Returning Officer
were to be appointed, he or she might be well placed to intervene
to improve this situation. (Paragraph 75)
18. The proposal to establish a Chief Returning
Officer for Scotland deserves further consideration, both in terms
of its potential benefits for Scotland and in its 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. (Paragraph
80)
34. The Government agrees that electoral registration
can be improved. The Electoral Commission have statutory responsibility
for the setting of performance standards for electoral registration
officers and are currently consulting on this. Standards will
help registration officers identify where performance can be improved.
35. The Government agrees that a considered examination
of the structures required for administering elections in Scotland
is necessary for the reasons set out above (in paragraph 14).
RETURNING OFFICERS
19. We recommend that further consultation should
take place with electoral officials in Scotland before implementing
any proposals affecting the status of returning officers. (Paragraph
83)
36. Electoral officials will be fully involved
in any discussions about their status as returning officers. Many
electoral administrators consider that they are already 'professional'
elections officers, with Deputy Returning Officers, in particular,
fully engaged in elections work during the period of planning
for an election event.
ELECTORAL LEGISLATION
20. We welcome the undertaking from the Scotland
Office that no new electoral legislation will be introduced in
the six months prior to an election. This should go some way towards
providing a more certain framework for election planning. We also
welcome Ministers' acceptance of the need for consolidation of
electoral law. However, we are not convinced that current plans
go far enough. The Scotland Office needs to co-ordinate its activities
with other government departments (in particular, the Ministry
of Justice) as part of a wider project to overhaul UK electoral
law. (Paragraph 87)
37. The Government accepts this recommendation
as far as it applies to the legislation governing the conduct
of the Scottish Parliament elections. A comprehensive review of
the Scottish Parliament (Elections etc.) Order will be undertaken
prior to the 2011 elections. In particular, the Government will
review the electoral rules with the aim of ensuring that appropriate
discretion is provided to Returning Officers such that tasks should
be prescribed in detail only where necessary. The Scotland Office
will establish a legislation reference group to assist with this
task, composed of electoral administrators, the Electoral Commission
and legal advisors. The Scotland Office is in regular contact
with the Ministry of Justice and the Scottish Executive over the
co-ordination of UK electoral law.
PUTTING THE VOTER'S INTERESTS FIRST
21. We were deeply concerned by the events of
3 May. Bureaucratic delay cannot be allowed to undermine Scotland's
long democratic tradition. We agree with Mr Gould that the voter
should be placed at the heart of the electoral process. This may
seem an obvious statement, but it was the failure to consider
the voter's perspective that led to many of the problems of the
3 May elections in Scotland. We are pleased to note the Minister's
statement that "putting ordinary voters front and centre
of this has got to be the motif for moving this process on"
and we expect the Scotland Office to act accordingly. (Paragraph
88)
38. The Government strongly agrees that the voter
has to be at the centre of any electoral system. That is why the
Government commissioned research to find out voters' views on
the parts of the electoral process which specifically impact on
them. The results of this research has informed the Government's
response to the Gould reports and on issues which particularly
impact on the voter, such as the design of the ballot paper and
the timing of the count, the Government has given priority to
the views of voters.
22. 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.
Although some proposals can be implemented immediately, others
will require significant further research. 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. (Paragraph 89)
39. As the Government has readily acknowledged
in response to the Gould report, the key task is now to re-build
the confidence of voters in casting their vote. The steps the
Government has set out in response to both the Gould report and
this report are, the Government believes, the right ones to take
to ensure that the problems of the 2007 election never happen
again. However, the Government is aware that further consideration
is required on some of the issues raised in the Gould report and
is committed to working with others involved in the electoral
process to ensure that future elections go smoothly.
2 HC Deb, 23 October 2007, col 167 Back
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