Key Facts

• Amendment 61 requires Scottish Parliament approval for parts of the Electoral Commission’s statement related to devolved functions.
• Labour's amendment 75 extends this requirement to include Senedd Cymru as well.
• The Government's draft statement currently only mentions Scotland once in paragraph 18 on page 8.
• The Government is proposing further amendments to the Elections Bill.
• SNP amendment 61 covers only the Scottish Parliament.
• Patrick Grady believes that testing the amendment for both the Scottish Parliament and Senedd Cymru is necessary.
• The Secretary of State must consult Scottish and Welsh Ministers regarding guidance on devolved functions.
• A review is required at least once every five years since the previous statutory consultation.
• Government amendment 1 clarifies that revisions within the five-year period require parliamentary approval.
• Regulation of the Electoral Commission is distinct from regulation of other entities such as water companies.
• Similar democracies like New Zealand, Australia, and Canada have structures that separate their Governments from electoral commissions.
• Clause 12 of the Elections Bill threatens to end the Electoral Commission's independence and puts control of election regulations in the hands of those who have won elections.
• Helen Mountfield QC testified before the Public Administration and Constitutional Affairs Committee that clause 12 potentially breaches international law and UK constitutional standards.
• The government's proposal implies that the Electoral Commission, as currently constituted, is fundamentally flawed and failing in its duty.
• The Electoral Commission has stated that part 3 provisions are not consistent with it operating as an independent regulator.
• There are regular questions in the Chamber to provide accountability for the Electoral Commission through the Speaker’s committee.
• The purpose of Clause 13 is to expand the remit of the Speaker's Committee to examine the Electoral Commission’s performance.
• Amendment 66 proposes adding two lay members appointed by the Speaker to the committee membership.
• Edward Leigh's amendment suggests ensuring that the governing party does not have a majority on the Committee.
• Amendment 65 aims to ensure no Government majority on the Speaker’s Committee.
• Amendment 66 proposes including laypersons on the committee.
• The current composition of the committee reflects a Government majority as it stands.
• Clause 14 allows another Minister to deputize for the Minister for the Cabinet Office in meetings of the Speaker’s Committee.
• It revokes the Transfer of Functions (Speaker’s Committee) Order 2021.
• There will continue to be only two ex officio Government members and one vote each on the committee.
• Clause 15 amends paragraph 2 of schedule 1 to the Political Parties, Elections and Referendums Act 2000.
• The clause prevents the Electoral Commission from bringing criminal prosecutions in England, Wales, and Northern Ireland but does not apply in Scotland due to existing regulations.
• Other regulators such as the Financial Conduct Authority have similar powers.
• The Pickles report highlighted the Electoral Commission's failure to recognize misconduct in Tower Hamlets.
• Jerome Mayhew associates himself with comments made about dealing with conflicts of interest involving private prosecuting authorities like the Post Office.
• The Care Quality Commission was given prosecuting powers under health and social care legislation in 2015 but has a poor record of prosecutions.
• Three patients died over a 27-month period due to neglect and physical abuse at Cawston Park hospital in Mayhew's constituency.