Speaker's Committee First
Report 2015
Introduction
1. The Speaker's Committee on the Electoral Commission
is a statutory body established under the Political Parties, Elections
and Referendums Act 2000 (PPERA). Its work relates to the Electoral
Commission and the Local Government Boundary Commission for England.
2. Under paragraph 1(1) of Schedule 2 to the PPERA,
the Speaker's Committee is required to report to the House of
Commons not less than once a year on the exercise of its functions.
The last annual Report formally covered the period from 1 January
2013 to 31 December 2013, while also making reference to work
in progress in early 2014. This report covers the period from
1 January 2014 to 30 March 2015, the end of the current Parliament.
Membership
3. The Committee has nine members, five of whom are
members of the House of Commons who are not Ministers and are
appointed by the Speaker. One member—a Member of the House
of Commons who is a Minister with responsibilities in relation
to local government—is appointed by the Prime Minister.
Other ex officio members include the Lord President of
the Council (currently the Deputy Prime Minister) and Chair of
the House of Commons Select Committee responsible for electoral
matters (Mr Graham Allen MP, Chair of the Political and Constitutional
Reform Select Committee).[1]
The Committee is chaired by the Speaker of the House of Commons.
4. There have been no changes in membership of the
Committee in the period covered by this report.
Meetings
5. The Committee met ten times during the period
covered by this report. The minutes of the Committee's meetings
are reproduced in Appendix A. The Chair and officials of
the Electoral Commission and the Chair and officials of the Local
Government Boundary Commission for England attended parts of some
meetings at the invitation of the Committee.
Parliamentary Accountability
6. The Committee provides a mechanism for Members
of Parliament to ask questions in the House of Commons about the
work of the Electoral Commission. In 2014, Mr Gary Streeter MP
answered questions on behalf of the Committee. During the period
covered by this Report, Mr Streeter replied to 17 questions on
the floor of the House and to 333 questions in writing, which
represents a ten-fold increase on the number of written questions
tabled and answered during 2013.
Appointment of Electoral Commissioners
7. The Electoral Commission was established by Parliament
as a body independent of the Government. The Political Parties,
Elections and Referendums Act 2000, as amended by the Political
Parties and Elections Act 2009, provides for the Electoral Commission
to have nine or ten Commissioners.[2]
Up to six members are 'ordinary' Commissioners who may not be
members or employees of a political party.[3]
These Commissioners are recruited by competition, under a procedure
put in place and overseen by the Speaker's Committee. Four Commissioners
are persons put forward by the registered leader of a qualifying
party[4] for consideration
for appointment; they are described in the statute as 'nominated'
commissioners . While there are restrictions on their
political activity, they are permitted to be members of parties,
and to have been active in their party within the previous five
years.[5]
8. Pursuant to Section 3 of the Political Parties,
Elections and Referendums Act 2000, the Speaker's Committee on
the Electoral Commission is responsible for determining and overseeing
the procedures for selecting candidates to be put forward for
appointment or re-appointment as Electoral Commissioners. The
candidates for these posts are approved by the House of Commons
and appointed by the Queen. During the process of making appointments,
the Committee has regard to the Code of Practice for Ministerial
Appointments to Public Bodies.
9. In 2014, the Committee oversaw the selection process
for the appointment of two nominated Electoral Commissioners.
The Committee's First Report of 2014, HC 1172, sets out the procedures
and process for the appointment of Ms Bridget Prentice as the
Electoral Commissioner nominated by the Leader of the Labour Party
and Mr Alasdair Morgan as the Electoral Commissioner nominated
by the minor parties. Following previous practice Ms Prentice
was appointed for a period of four years, ending on 30 September
2018 and Mr Morgan for a period of approximately two years, ending
on 30 September 2016.
10. Two further nominated Electoral Commissioners
were reappointed in 2014. The Committee's Third Report of 2014,
HC 446, sets out the procedures and processes for the reappointment
of John Horam as the Electoral Commissioner nominated by the Leader
of the Conservative party and David Howarth as the Electoral Commissioner
nominated by the Leader of the Liberal Democrats. The Chair of
the Electoral Commission confirmed to the Committee that both
Lord Horam and Mr Howarth had been effective members of the Commission's
Board. Following the statutory consultation with the party leaders
the Committee recommended their reappointment.
11. The Committee also started the process for the
reappointment of Ms Anna Carragher, Electoral Commissioner with
special responsibility for Northern Ireland. The Chair of the
Electoral Commission confirmed that Ms Carragher had been an effective
member of the Commission's Board. In response to the statutory
consultation the Committee received positive responses from the
leaders of the Conservative, Liberal Democrat and Labour parties.
Subject to the responses from the leaders of parties representing
Northern Irish seats, the Committee will complete the reappointment
process early in the next Parliament.
Changes to Governance Procedure
of the LGBCE and the Electoral Commission: the Deregulation Act
12. In its Second Report of 2014, HC 1173, the Committee
reported that it had supported the request from the Electoral
Commission and the Local Government Boundary Commission England
for changes to their respective governance arrangements as set
out in the Political Parties, Elections and Referendums Act 2000
and the Local Democracy, Economic Development and Construction
Act 2009 respectively.
13. The Government accepted the arguments in favour
of the proposed changes to the financial reporting arrangements
of the Electoral Commission and LGBCE and agreed that the Deregulation
Bill provided an appropriate legislative vehicle. Currently, both
bodies are required to have their finances scrutinised through
an annual value for money report carried out by the National Audit
Office and an annual submission of five-year plans of each organisation
submitting to the Committee. The Government tabled amendments
to the Bill to provide for one statutory five-year plan and one
value for money study to be conducted in every Parliament, complemented
by giving the Speaker's Committee power to require further such
studies as and when it sees fit. The LGBCE has also been given
power to appoint independent members to any committee or sub-committee
of the Commission appointed to review the economy, efficiency
or effectiveness with which the Commission has used its resources.
The Government will commence these provisions by Order.
Financial Scrutiny
14. The Committee's role is to examine the five-year
plans and the estimates of resources needed for both the Electoral
Commission and the Local Government Boundary Commission for England.
The Electoral Commission's main priorities are: electoral registration;
participation in elections and referendums; electoral fraud the
electoral framework and political and campaign funding and expenditure.
The LGBCE's main objective is to provide boundary arrangements
for English local authorities that are fair and deliver electoral
equality for voters.
15. The Speaker's Committee must decide whether it
is satisfied that the estimates and plans are consistent with
the economical, efficient and effective discharge of each body's
functions. If it determines that they are not, it must modify
them as necessary. In carrying out its work, the Committee consults
with the Treasury and has regard to reports received from the
National Audit Office concerning each body's use of resources.
16. In the period covered by this report the Committee
considered the main estimates for the LGBCE and Electoral Commission
for both 2014-15 and 2015-16. Following consultation with both
bodies and the Treasury it was agreed that consideration of the
main estimates for 2015-16 should be completed prior to the General
Election.
MAIN ESTIMATES FOR 2014/15
17. In accordance with statute, the Committee formally
considered the draft Main Estimates for 2014/15 and the draft
corporate plans for 2014/15 - 2018/19 of both the Electoral Commission
and the Local Government Boundary Commission for England. As in
previous years the Committee appointed a sub-committee, chaired
by Mr Streeter, to take evidence from the two bodies on their
estimates and corporate plans. On 4 February the sub-committee
took oral evidence from Mr Peter Wardle, Chief Executive, and
Ms Carolyn Hughes, Director of Finance and Corporate Services,
Electoral Commission, and Mr Alan Cogbill, Chief Executive and
Ms Lynn Ingram, Director of Finance, LGBCE.
18. In reaching its decision on the Electoral Commission's
and LGBCE's Main Estimates for 2014/15, the Speaker's Committee
had regard to the advice of the Treasury, as set out in the letter
from the Chief Secretary to the Speaker dated 18 March 2013. In
relation to the Electoral Commission, the Committee had regard
to the report of the Comptroller and Auditor General on the Electoral
Commission's analysis of the cost of the parliamentary voting
system referendum, which constitutes 'the most recent report'
for the purposes of paragraph 15(3)(a) of Schedule 1 of the Political
Parties, Elections and Referendums Act 2000. In relation to the
LGBCE, the Committee had regard to the report of the Comptroller
and Auditor General on the LGBCE's contract for back office services,
which constitutes 'the most recent report' for the purposes of
paragraphs 11 and 12 of Schedule 1 of the Local Democracy, Economic
Development and Construction Act 2009.
19. On 2 April 2014, the Committee agreed without
modification the Electoral Commission's and LGBCE's Main Estimates
and corporate plans.
20. The Estimates for future years remain subject
to annual approval by the Committee. In this context, the Committee
will expect variations in future Estimates and plans from the
Net Resources and Capital figures for 2014-15 onwards, as set
out in the corporate plan, to be drawn to its attention at the
appropriate time and properly justified. On this basis the Committee
approved the revised draft corporate plan for 2014-15 to 2018-19,
without amendment.
SUPPLEMENTARY ESTIMATES FOR 2014/15
21. On 16 December 2014, having consulted with the
Treasury, the Speaker's Committee also agreed the Electoral Commission's
draft Supplementary Estimate 2014-15 and the LGBCE Supplementary
Estimate 2014-15. In both cases the Supplementary Estimate was
required to make minor technical adjustments and had no resource
implications. At the same meeting the Committee agreed to a timetable
to enable consideration and agreement of the Electoral Commission
and LGBCE Main Estimates 2015-16 and associated corporate plans
prior to the Dissolution of Parliament on 30 March 2015. The decision
to complete consideration prior to Dissolution was informed by
advice from the Treasury and discussion with the Electoral Commission
and LGBCE.
MAIN ESTIMATES FOR 2015/16
22. On 4 March 2015, the Committee took evidence
from Max Caller, Chair and Jolyon Jackson, Chief Executive, LGBCE
and Jenny Watson, Chair, Peter Wardle, Chief Executive, Carolyn
Hughes, Director of Finance and Corporate Services and Alex Robertson,
Director of Communication, Electoral Commission. The Committee
also had regard to the value for money reports provided by the
Comptroller and Auditor General on the Electoral Commission's
role in the Individual Electoral Registration project and the
LGBCE's website and online consultation portal.
23. Having consulted with the Treasury, the Committee
agreed without modification both the Electoral Commission's and
LGBCE's Main Estimates for 2015-16 and associated respective corporate
plans. The Committee noted the revised performance measures in
the Electoral Commission's corporate plan.
Ballot paper description
24. The Committee met on 29 April to consider the
circumstances surrounding the registration of an inappropriate
and distressing party description, "Remember Lee Rigby".
The party description would appear on the ballot paper in the
European Parliamentary elections in Wales. The Speaker told the
Committee that Jenny Watson, the Chair of the Commission, had
offered to resign and that the Commission's Board had commissioned
Elizabeth Butler, the independent chair of the Commission's Audit
Committee, to report on the matter.[6]
25. The Committee agreed that it would be premature
for the Commission's chair to resign before they had considered
Ms Butler's findings. Members also noted the steps taken by the
Chair of the Commission to rectify the error and to inform and
apologise to the family. On 6 May, Ms Butler, accompanied by Jenny
Watson, presented her draft report to the Committee. Jenny Watson
said that the Electoral Commission had made a serious mistake
in allowing the party description to be registered. The Commission's
Board had met and accepted the recommendations in Ms Butler's
report in full. She said that the supervising member of staff
had resigned, having taken responsibility for the decision to
register the description.
26. Ms Watson confirmed that the party description
had been removed from the register of political parties. However,
under the current legislation the description had to remain on
the European Parliamentary elections ballot paper in Wales. She
thanked the Minister for Cities and Constitution for the efforts
he made to establish whether there was any prospect of a change
to the law that might correct the consequence of this mistake.
Ms Watson set out the steps that were being taken to minimise
the risk of a similar occurrence in the future. The Committee
concluded that while the established processes and procedures
appeared to have been followed Commission staff had failed to
consider the context and wider implications of the party description.
The Committee asked to be kept informed of progress on implementing
Ms Butler's recommendations.
1 This report was agreed on 24 March 2015 Back
2
PPERA s1(3) as amended by s6 of the Political Parties and Elections
Act 2009 Back
3
PPERA S3(4) Back
4
PPERA s3A(2) Back
5
PPERA s3(4) and s£(4A) Back
6
Elizabeth Butler's report is available on the Electoral Commission's
website at http://www.electoralcommission.org.uk/__data/assets/pdf_file/0020/167411/Report-to-the-Electoral-Commission-registration-decision.pdf Back
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