My Lords, elections are a core process within a democracy. Credible electoral processes increase the legitimacy of our political institutions and create trust. Electoral integrity is affected by how inclusive the process is. For these reasons, any elections Bill should command broad cross-party support. How elections are conducted is a matter of public interest. They are not solely in the gift of the governing party.
It is therefore deeply regrettable that this Bill was introduced with insufficient public consultation and that the Government have not taken fully into account reports by the Law Commission, the Committee on Standards in Public Life, and the House of Commons Public Administration and Constitutional Affairs Committee. PACAC took the view that the Bill should have gone through a pre-legislative scrutiny process. Such scrutiny would have ensured broader support and a better evidence base. As we have heard, grave concerns have been expressed in these three reports that the Bill will add to the existing complexity of electoral law.
PACAC has also said that several of the changes proposed are not set out in the Bill. These will be implemented via a raft of secondary legislation, which will add further complexity to the legislation and enhance reliance on delegated powers, hence reducing scrutiny by both Houses and relevant interested parties. These are serious concerns, particularly for a Bill concerned with the health of our democracy.
The Bill also falls far short of the Government’s stated objectives of making UK elections more secure, modern, inclusive and transparent, and of protecting the integrity of the UK’s democracy. The change proposed in Clause 1, which would require voter ID, will not make elections more inclusive. If we want inclusion, let us work on voter registration, as stated by the noble Lord, Lord Woolley. Strong objections have also been expressed about the impact this would have on certain groups and the possible turnout of voters. The Government’s rationale for introducing this change is not very plausible. The level of fraud alleged is very low and the number of instances that result in a caution or a conviction is even smaller. Concerns have been expressed that the evidence to support an ID requirement is not good enough.
PACAC recommended that the Government should not proceed with this proposal until they had set out the criteria they used in their assessment of the proportionality of introducing this change and the impact on turnout. Will the Government pay heed to its recommendation?
The other area of concern is the changes proposed to the accountability arrangements of the Electoral Commission. The noble and learned Lord, Lord Judge, expressed the implications very clearly and effectively. As he said, they threaten the perceived and actual independence of the Electoral Commission.
The Electoral Commission is not a creature of the Government of the day. It exists to ensure the integrity of elections and guard the public interest. It is an organisation of constitutional significance. Proposals to give the Government the power to designate a strategy and policy statement for the Electoral Commission will undermine its independence. Of course there should be proper scrutiny of operations of the Electoral Commission and effective mechanisms to hold it accountable, but the Bill’s proposals are not based on sufficient evidence to justify this change. The committee argued that Clauses 13 to 15 should be removed pending a formal public consultation on the proposed measures and that the Government should take into account any recommendations put forward.
The Bill also proposes that the extent to which the Electoral Commission has complied with the statement should be examined by the Speaker’s Committee, and changes to the membership of the Speaker’s Committee are also proposed. Given that the Speaker’s Committee will be examining the commission’s operations, it is imperative that no single party exercises a majority on the committee. Can the Government give an assurance that membership of the Speaker’s Committee will not have a government majority?
Charities and civil society organisations play an important role during election campaigns, ensuring well-informed debates. Several aspects of the Bill will affect the engagement of those organisations and put a higher regulatory burden on them, hence limiting benefits to electoral integrity. The National Council for Voluntary Organisations has argued that the Electoral Commission’s guidance covers the relevant issues relating to third-party campaigners and that this legislation will set back that progress. Clause 26 is targeted at organisations which are not transparent. However, registered charities are regulated by the Charity Commission, and their accounts are available online and open to scrutiny. The Government should exempt registered charities and community interest companies from the lower threshold.
Furthermore, there is concern that the proposal in Clause 25 to give Ministers powers to remove or add to the list of third-party campaigners by order could lead to abuse. It would be helpful to have an assurance that these provisions are not intended and will not be used to limit the public interest work of academics or voluntary organisations to inform public debate.
The deep concerns expressed by three reputable bodies about the Bill should give the Government pause for thought to reconsider what they are proposing.
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