I am sure the noble Lord is aware that this same amendment was tabled in the other place. We hope that we have made our position clear. The amendment is unnecessary because the rules that govern the presentation of an election petition to the courts are set out under Part 3 of the Representation of the People Act 1983. No provisions under that part prevent any party presenting a petition due to an ongoing police investigation in the election. Indeed, it is often crucial for the election petition proceedings to be determined first. The decision and report of the election court are often required before a prosecutor can decide whether it is appropriate to prosecute for a criminal offence.
The Government take this issue very seriously. Detecting and punishing incidences of electoral fraud is vital. It is fair to say that there is general agreement on all sides that the petition procedure needs to be updated to reflect the modern electoral system, but we are not yet in a position to say what that might look like. We are aware, however, that the Electoral Commission will be taking forward a review in 2006, and we look forward to its findings. I hope that that clarifies the position for the noble Lord.
Electoral Administration Bill
Proceeding contribution from
Baroness Ashton of Upholland
(Labour)
in the House of Lords on Thursday, 23 March 2006.
It occurred during Debate on bills
and
Committee proceeding on Electoral Administration Bill.
About this proceeding contribution
Reference
680 c207GC Session
2005-06Chamber / Committee
House of Lords Grand CommitteeSubjects
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