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Elections Bill - Sitting 4
16 September 2021
Type
Public Bill Committee
At a Glance
Issue Summary
The statement addresses concerns about the Elections Bill and its failure to address critical issues such as modernizing election laws and regulating foreign and dark money in politics. The statement addresses concerns regarding the clarity and fairness of regulations on non-party political campaigning under the Elections Bill, particularly focusing on clause 25. The speaker discusses concerns about proposed changes to the Electoral Commission's role and capabilities under the Elections Bill, as well as the need for consolidating election laws. Gavin Millar discusses whether the voter ID scheme proposed in the Elections Bill is compatible with the European Convention on Human Rights and its potential impact on individuals' rights to vote. The statement discusses concerns regarding accessibility for voters with disabilities under the Elections Bill. The statement addresses concerns about the Elections Bill's impact on accessibility for disabled voters, particularly those who are blind or partially sighted. The discussion revolves around potential changes to the Elections Bill regarding electoral systems, particularly concerning mayoralties in England and police and crime commissioners. Dr Renwick discusses potential tensions arising from the Elections Bill's proposal to allow UK Ministers to specify guidelines for devolved electoral matters without consulting devolved administrations. Dr Renwick discusses concerns about the Sewel convention, the appropriate degree of scrutiny for the strategy and policy statement, and the lack of prior consultation on the proposal. The statement addresses the Elections Bill and its impact on public trust in electoral systems.
Action Requested
No specific action is requested, but the speaker highlights the need for a comprehensive overhaul of existing electoral law to simplify it and address urgent regulatory gaps related to funding transparency and foreign interference.
Key Facts
- There is a widely held view that current election laws are complicated and outdated.
- The Bill does not address urgent problems such as foreign money entering the political system through donations to parties.
- Part 6 of the Bill deals with information included in electronic material, which is seen as less urgent compared to other issues.
- Concerns are raised about the complexity and ambiguity of current laws regulating non-party political expenditure during election campaigns.
- Clause 25 of the Bill addresses joint campaigning arrangements but is criticized for its unclear drafting, making it difficult for campaigners to understand compliance requirements.
- There is a suggestion that Parliament should have clear scrutiny over decisions made under clause 25 through an affirmative procedure.
- The Political Parties, Elections and Referendums Act 2000 (PPERA) established the Electoral Commission.
- Clause 15 of the Elections Bill takes away the Electoral Commission’s power to prosecute.
- Multiple Representation of the People Acts create a cumbersome legislative framework for elections.
- In 2010, 10 different pieces of legislation had to be amended to allow people queuing at polling stations until 10 pm to vote.
- The voter ID scheme set out in the Bill could potentially contravene article 3 of the first protocol of the European Convention on Human Rights.
- Personation cases are almost non-existent due to risks and inefficiency.
- The Windrush scandal highlights difficulties for certain groups in obtaining photo identification.
- 14 million people in the UK have a disability.
- About 45% of older people and 19% of working-age adults have disabilities.
- The Elections Bill introduces new statutory duties on returning officers to support all voters with disabilities.
- The Representation of the People Act 1983 specifies 'prescribed equipment'.
- The UN convention on the rights of persons with disabilities requires full participation in political life.
- There are concerns about a postcode lottery for services provided by different local authorities.
- The Elections Bill does not currently include matters related to mayoralties and police and crime commissioners.
- A Government motion has been laid on the Order Paper for Monday regarding expanding the scope of the Elections Bill.
- Christina Rees advises that taking evidence on electoral systems outside the current scope requires a supplementary programme motion, if possible.
- The proposal would require a legislative consent motion due to the Sewel convention.
- Welsh Counsel General does not recommend passing the legislative consent motion for this matter.
- Current governance arrangements of the Electoral Commission need review due to recent devolution of electoral matters in Scotland and Wales.
- Dr Renwick acknowledges he made a presumption without clarification about legislative consent motions.
- The Welsh Minister is currently in conversation with the Committee regarding this issue.
- The strategy and policy statement would receive less scrutiny than primary legislation if approved by both Houses of Parliament.
- The CSPL published a report two days after the Bill was published on election finance regulation.
- The governance of the Electoral Commission should stand up to proper scrutiny and be appropriately independent.
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