Electoral Commission
The Committee consisted of the following Members:
† Aldous, Peter (Waveney) (Con)
Cooper, Rosie (West Lancashire) (Lab)
† Cryer, John (Leyton and Wanstead) (Lab)
† Heath, Mr David (Parliamentary Secretary, Office of the Leader of the House of Commons)
† Johnson, Gareth (Dartford) (Con)
Malhotra, Seema (Feltham and Heston) (Lab/Co-op)
Moon, Mrs Madeleine (Bridgend) (Lab)
† Mosley, Stephen (City of Chester) (Con)
† Raab, Mr Dominic (Esher and Walton) (Con)
† Randall, Mr John (Treasurer of Her Majesty's Household)
† Roy, Mr Frank (Motherwell and Wishaw) (Lab)
Shannon, Jim (Strangford) (DUP)
† Smith, Angela (Penistone and Stocksbridge) (Lab)
† Streeter, Mr Gary (South West Devon) (Con)
† Weatherley, Mike (Hove) (Con)
† Williams, Mr Mark (Ceredigion) (LD)
Elizabeth Hunt, Committee Clerk
† attended the Committee
Tenth Delegated Legislation Committee
Monday 30 January 2012
[Katy Clark in the Chair]
Electoral Commission
[Relevant d ocument: Fourth Report from the Speaker’s Committee on the Electoral Commission, Appointment of a nominated Commissioner, HC 1728.]
4.30 pm
The Parliamentary Secretary, Office of the Leader of the House of Commons (Mr David Heath): I beg to move,
That the Committee has considered the motion, That an humble Address be presented to Her Majesty, praying that Her Majesty will appoint John Rhodes Horam to be an Electoral Commissioner in place of Baroness Browning, with effect from 1 March 2012 for the period ending on 30 September 2014.
It is a delight to serve under your chairmanship, Ms Clark. I do not intend to talk in detail about the appointment process. The hon. Member for South West Devon is a member of the Speaker’s Committee on the Electoral Commission, and I am sure that he will be more than happy to intervene if there are detailed questions on the procedure that it adopted.
The proposal arises from the resignation of an office holder. Baroness Browning was appointed to the Electoral Commission, following nominations put forward by the Conservative party, in 2010. In May last year, she was appointed as a Minister in the House of Lords. She subsequently wrote to Mr Speaker indicating that she wished to resign her post at the Electoral Commission. On behalf of the Government, I should like to put on record our thanks to Baroness Browning for her work as a commissioner.
Hon. Members will have noted that the length of the proposed appointment will be a slightly unusual two years and seven months. The Speaker’s Committee has recommended that the appointment end on 30 September 2014, as that is the date on which Baroness Browning’s original term of office expired and on which the terms of office of two other nominated commissioners—David Howarth, who was nominated by the Liberal Democrats, and Lord Kennedy of Southwark, who was nominated by the Labour party—will expire. The Speaker’s Committee thinks that it would be desirable, if possible, that the House should then have an opportunity to consider new appointments to those posts together. I should perhaps note that nominated commissioners, like other members of the Electoral Commission, are eligible for reappointment.
Before I draw my remarks to a close, I should like briefly to respond to the issues raised in paragraphs 8 to 10 of the report, regarding the eligibility criteria for an electoral commissioner. The Government are grateful to the Speaker’s Committee for raising the issue. The report is right to note that Ministers drawn from the House of Lords are not automatically disqualified by law from holding office as a nominated commissioner. However, the Government note that paragraph 7.11 of the ministerial code requires that a Minister give up any public appointment that he or she may hold on taking up office. In practice, that restriction will prevent a Government spokesperson in the Lords from simultaneously holding office as an electoral commissioner.
The position of Opposition spokespeople in the Lords is less clear, and the Government agree that there is a lack of clarity about precisely which party positions disqualify an individual from becoming a commissioner. As the Speaker’s Committee notes, protecting the impartiality and independence of the Electoral Commission is extremely important, and the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper), who is responsible for political and constitutional reform, is considering how best to address the issue.
Finally, I hope that Mr Horam’s appointment will have the support of the Committee and the House, and I commend the motion.
4.33 pm
Angela Smith (Penistone and Stocksbridge) (Lab): I should like to make a few comments, but I will not detain the Committee long.
As the Deputy Leader of the House outlined, the vacancy arose because of Baroness Browning’s appointment as a Minister of State in the Home Office. Opposition Members would echo the remarks made by the Deputy Leader of the House, and we place on record our thanks for the work that Baroness Browning has done with the commission.
The Prime Minister nominated three candidates for the post, as is his right. Each of the three main parties nominates candidates to the Speaker’s Committee. On this occasion, a vacancy arose for a Conservative candidate. The Speaker’s Committee appointed a panel, which met twice, and the written report by the chair of the panel made recommendations to Mr Speaker in October last year. I should like to take this opportunity to thank the members of the Speaker’s Committee’s panel for their work on taking us through the selection process for this important post.
The panel’s recommended candidate was Mr John Horam. His selection was approved by the Speaker’s Committee, and his name went forward to the party leaders for consultation. Those leaders who responded were content with the appointment. Given that background to the appointment, we do not intend to oppose the selection of Mr Horam as the next member of the commission.
Mr Horam has a distinguished record of public service, having enjoyed a varied career as a journalist, industrialist and Minister in the House. He should be well placed to meet the rigorous requirement laid upon the commission that it be independent and strictly impartial in its regulation of elections and of political party finance. I say that because, of course, he holds perhaps the not-so-enviable record of being the only post-war MP to represent all three main parties in the House. As such, he should be well placed to take his place on the commission.
4.35 pm
Mr Heath: I am grateful to the hon. Lady for her comments and her support. As she said, Mr Horam has very varied experience, which should stand him in good stead to play an active role on the commission. Again, I commend the motion to the Committee.