17 Dates for European Elections 2014
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| Draft Council Decision fixing the period for the eighth election of representatives to the European Parliament by direct universal suffrage
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| Legal base | Article 11(2) of the Act of 20 September 1976;[33] EP consultation; unanimity
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| Documents originated | —
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| Deposited in Parliament | 8 May 2013
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| Department | Cabinet Office
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| Basis of consideration | EM of 21 May 2013
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| Previous Committee Report | None
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| Discussion in Council | See paragraph 17.7
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
17.1 The legal framework for elections to the European Parliament
(EP) is set out in the 1976 Act on the election of representatives
to the European Assembly by direct universal suffrage.[34]
Elections are to be held over a period of four days to allow Member
States to vote on their traditional polling day (Article 9(1)
of the Act). The Council fixed the period for the first elections
from 7 to 10 June 1979 in accordance with Article 10(1). Most
subsequent elections have taken place in the corresponding period
in the last year of the respective five-year term of the EP. However,
when, as was the case with the 1984 and 1989 elections, it is
impossible to do so, the Council can determine another period
either up to two months before or one month after that period,
if all the Member States agree and after consulting the EP (Article
10(2)).
17.2 In line with the very first election period,
next year's eighth European elections should be held, ordinarily,
in the corresponding period for 2014 (5-8 June). However, the
outcome of recent discussions between delegations of Member States
is that the Council should exercise the power under Article 10(2)
of the Act to bring forward the period to May to avoid any reduction
in voter availability caused by June Pentecost holidays. This
draft Council Decision therefore provides that the 2014 elections
should be held from 22 to 25 May 2014 and would mean that the
elections in the UK would be held on Thursday 22 May 2014.
The Government's view
17.3 In an Explanatory Memorandum of 21 May,
the Minister for Political and Constitutional Reform at the Cabinet
Office (Miss Chlo Smith) says that the Government is supportive
of the Council Decision. This is even though the new proposed
period spans the 2014 Spring Bank Holiday since, as the Minister
explains, the customary day for the UK to hold European elections,
Thursday, will precede that holiday weekend and voter participation
should therefore not be affected. The Minister's general view
is that:
"The UK Government is sympathetic to these concerns
and that we should support efforts, where this is practicable
and appropriate, to facilitate participation in the electoral
process across Member States".
17.4 The Government's support is partly based
on the possibility of combining the European elections with local
elections in England which were originally scheduled to take place
on 1 May 2014. These elections are for 160 local authorities,
five directly elected mayors and a number of parish councils.
Previous combination of these two sets of elections (in 2004
and 2009), the Minister says, shows that it is more cost effective
to run them as a combined poll than two stand-alone elections
on different days — in 2009 some £10m was saved —
and helps to facilitate voter participation.
17.5 Scotland and Wales have no local elections
in 2014 but the Northern Ireland Executive wishes to bring forward
the date for its local elections to 2014 (and combine them with
the European elections) in order to allow newly created councils
to operate in parallel with the existing councils for
a transitional period. The Minister says that the Government is willing
to move the election date from 2015 to 2014 but only
if other changes linked to the local government elections,
for example, changes to district electoral areas and transitional
arrangements for new councils, can be put in place in
good time.
17.6 Moving the dates of the European and local
elections will, the Minister explains, involve complying with
the following respective legislative requirements:
- implementing legislation, in
the form of an Order made by Ministers and laid before Parliament
after being made, would be required to fix the proposed European
election date; and
- an Order under section 37A of the Representation
of the People Act 1983, must be made by Ministers (after consultation)
to move the date of local elections by the end of October 2013
(six months before the elections).
17.7 In terms of timing, the Minister says that:
- once the current EP consultation
on the proposed Council Decision is complete, the Decision will
be considered either at the meeting of the General Affairs Council
on 25 June or at the full European Council meeting on 27/28 June,
to allow Member States sufficient time to implement the provisions
prior to the elections;
- the consultation on moving the local elections
was launched on 26 March and closed on 13 May. Leading the consultation,
the Department for Communities and Local Government explained
that local elections are currently due to be held in England on
Thursday 1 May and were the European Parliamentary elections in
the UK to be held on Thursday 22 May 2014 (as would happen under
the Council's proposal), this would potentially mean two sets
of elections taking place within three weeks of each other. The
consultation document invited views about moving the date of the
local elections from 1 May 2014 so that they take place on the
same day as the European elections in that year, as on the two
previous occasions; and
- Consultation feedback is now being considered
by Ministers, with a view to a decision being made in June 2013
(to allow for the October deadline for the required Order). That
decision will also be informed by discussions with the Electoral
Commission, the Society of Local Authority Chief Executives (SOLACE)
and the Association of Electoral Administrators, who all support
the idea of combined polls as enhancing voter engagement.
Conclusion
17.8 The timing of the European
elections in 2014 is clearly a matter of considerable public interest
and we note the potential advantages outlined by the Minister
in combining those elections with the local elections in England
(and Northern Ireland, if appropriate).
17.9 As we agree with the Government's
position on the proposed Council Decision, we clear the document
on the basis that it is likely to be adopted at one of the Council
meetings in June. Should this not be the case, we would expect
to hear further from the Minister.
33 Act concerning the election of the representatives
of the Assembly by direct universal suffrage: OJ No. L 278, 8.10.1976,
p.1. Back
34
See note 1. Back
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