Electoral Commission
The Electoral Commission is an independent body set
up by the UK Parliament. Our aim is integrity and public confidence
in the democratic process.
Our principles for elections and party finance are:
- Trust
- Participation
- No undue influence
Our key objectives are to ensure:
- Transparency in party and election
finance, with high levels of compliance
- Well-run elections, referendums
and electoral registration
This submission sets out our initial views on the
Government's Draft House of Lords Reform Bill and White Paper.
The question of whether or not there are elections the House of
Lords, and on what date they might take place, are clearly matters
for Parliament. Our aim in providing this briefing is to advise
the Committee of any issues or risks we believe are relevant to
the delivery of the elections and should therefore be part of
the Committee's consideration of the Draft Bill.
1. Combination
1.1 The intention is to hold a House of Lords
election at the same time as a UK Parliamentary general election,
but that only one-third of representatives would be elected at
any one time. No Lords election would take place if a general
election was called within two years of an election to both Houses.
1.2 We believe there continues to be a need for
comprehensive research to be carried out in order to ensure there
is a robust evidence base to inform decisions about the timing
of future elections.
1.3 The Commission has previously
noted that there are questions about the potential impact on voters
that will need to be addressed where elections (especially new
elections like these) are combined with others; the Commission
has urged Government and Parliaments to look into this issue in
more detail and is willing to assist where appropriate.
2. Allocation of representatives
2.1 The Draft Bill envisages new Lords constituencies
being established. It is suggested that an independent committee
of experts be formed to decide which counties should be combined
to form these constituencies, with European Parliamentary regions
used as a starting point.
2.2 Once established, the Commission would be
responsible for allocating Lords to each region so as to produce
the most equitable distribution. There would be a minimum of three
Lords per region and the Sainte-Laguë formula would be used,
as with the allocation of Members of the European Parliament (MEPs).
2.3 The Draft Bill also gives the Commission
the responsibility to conduct a review after every third election
to the House of Lords and, if necessary, to make a recommendation
that restores equality as far as possible between the districts.
2.4 This would be done by ensuring the ratio
of voters to representatives was as nearly as possible the same
in all districts, using the Sainte-Laguë formula, which is
widely accepted as the fairest way of conducting distributions
of this kind.
2.5 The relevant Minister would be required to
present the Commission's recommendations to Parliament in the
form of secondary legislation, requiring the approval of both
Houses. This process is similar to that already used for the European
Parliamentary elections and the resource implications for the
Commission are minor.
3. Effective coordination of new elections
3.1 An important factor in the delivery of well-coordinated
and well-run polls will be clear legislation. We continue to highlight
our firm recommendation following problems with the Scottish Parliament
elections in 2007 that the rules relating to any elections must
be clear from at least six months in advance. This is so that
campaigners, Returning Officers and the Commission are not left
with uncertainty about their respective roles and responsibilities
and can undertake the necessary planning and preparation.
3.2 If the first elections are to be held on
7 May 2015 then all the rules must be clear by 7 November 2014.
However, if the Commission is expected to complete a full assessment
of how the Peers should be allocated across the country then primary
legislation will need to be in place well before that so the Commission
has the relevant powers, and sufficient time, to complete the
review.
3.3 Thought will also need to be given about
how to ensure that the underlying framework for the elections
is in place to ensure a consistently good service for electors—particularly
when constituencies will cover larger areas, which might include
a number of different local authorities.
3.4 Individual Returning Officers would be responsible
for the conduct of the poll within each constituency, but the
Government should also consider what arrangements might also need
to be put in place to ensure an appropriate level of coordination
and consistency in administration between constituencies.
3.5 The Government should consider whether existing
models for coordination and accountability—including the
Convener of the statutory Electoral Management Board in Scotland,
the Greater London Returning Officer in London or Regional Returning
Officers for European Parliament elections—could be used
for elections to a second chamber, or if there are other options
for monitoring and intervention to ensure appropriate standards
of performance if necessary.
4. Implications for public awareness activity
4.1 We note the proposal to hold the elections
to the House of Lords under the Single Transferable Vote (STV)
system.
4.2 As voters outside Scotland and Northern Ireland
will not be familiar with the STV system we would consider that
a public awareness campaign would need to be undertaken. This
would serve two purposes: first, to raise awareness that elections
are taking place and second, to provide voters with information
on how to participate, to ensure that they are able to cast their
votes with confidence.
4.3 The cost of a public awareness campaign will
depend on the the level of activity undertaken. The Commission
discusses its proposed campaigns with the Speaker's Committee
each year, and seeks specific Parliamentary approval for funding
on the basis of what the Committee agrees to.
5. Political donations and spending rules
5.1 The White Paper proposes that the controls
on donations and loans to members of the reformed House of Lords,
and on spending by parties and candidates in respect of elections
to the reformed chamber, should be based on arrangements for MPs
and elections to the House of Commons, subject to changes arising
from the Government's intention to reform the rules on donations
and party funding generally.
5.2 It is clearly sensible that the rules relating
to elections to the reformed chamber should be consistent with
those applying to elections to the House of Commons and other
major elections. The existing rules on national campaign spending
by political parties and non-party campaigners will presumably
apply to elections to the reformed House of Lords in any event
(subject to changes arising from the Government's reforms to the
rules), since these elections will be held at the same time as
elections to the House of Commons.
5.3 However, if the first election to the reformed
House of Lords is to take place in 2015 as the White Paper proposes,
it is important that the detailed rules that will apply to that
election (and to the 2015 election to the House of Commons) are
confirmed in good time before campaigning begins. This timetable
needs to allow time for the Commission to prepare guidance for
candidates and parties once the legislation is passed. We note
that the Government has not yet brought forward proposals to reform
the current rules, pending the completion of a review of party
funding by the Committee on Standards in Public Life which is
now expected to report this autumn.
5.4 It will take some time for any significant
changes to the current rules to be developed, considered by Parliament
and brought into force. There is the potential for much confusion
if the Government seeks to reform the existing rules and to legislate
for these new elections at the same time. We therefore ask the
Government to set out a clear and realistic timetable for finalising
the rules that will apply to the 2015 elections as soon as possible.
5.5 When it comes to consider the detailed spending
rules for the reformed House of Lords, Parliament will no doubt
wish to consider whether the rules that apply to other elections
may benefit from amendment to reflect the specific nature of these
new elections. For instance, if the new elections use the STV
system provided for in the draft Bill, it may be appropriate to
consider whether the current rules on candidate spending, which
were developed in the context of 'first past the post' elections,
should be amended to reflect campaigning tactics that are likely
to emerge in high-profile STV elections, such as candidates using
their campaign materials to promote others as second-preference
choices.
12 October 2011
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