Government dismisses call from MPs to start work on setting out long-term strategy to rationalise electoral law ahead of next general election
The Government has dismissed all of the recommendations made by the Public Administration and Constitutional Affairs Committee in a report on the work of the Electoral Commission.
The cross-party committee set out its concerns in a report published in October last year. This warned that complex and confusing electoral law was impacting the watchdog’s ability to oversee elections, and that "challenges lie ahead" for the Commission in supporting electoral administrators in navigating the changes ahead of local elections in May 2023, when voters will be required to produce ID at the polls to vote.
The committee also raised that the legislative framework has not kept pace with the nature of modern, online political campaigning, and that a recent Strategy and Policy Statement published by the Government significantly alters the Electoral Commission's relationship to the Government as an independent body.
Responding to the concerns this week (17 January), the Government noted that the draft Voter Identification Regulations was laid before Parliament in November 2022 and, having since been affirmed by both houses, will be in force for mid-January.
It added that many of the changes to electoral practice "will be complex to implement, and so in order to ensure the sector can absorb these changes, the intention has always been to implement these measures over a sequenced and pragmatic timetable".
The Government said: "As previously described a further tranche of measures, including those extending the franchise for overseas electors, enabling online applications for absent voting and reforming the rules on postal and proxy votes will be brought into force from Summer 2023, with further measures to follow in the autumn in good time for the scheduled polls in May 2024."
Responding to a recommendation in the October report that called on the Government to immediately start work towards a long-term strategy to "rationalise electoral law", the Government said that it is prioritising its manifesto commitment of protecting the "integrity of our democracy".
It added that the Elections Act 2022 "addressed more immediate challenges such as potential opportunities for electoral fraud – as seen in Tower Hamlets in 2014.
"Our immediate priority is to implement these changes to ensure that our elections remain secure, fair, transparent and up to date."
On the committee's concerns around the Government's Strategy and Policy Statement, which contains guidance aimed at making the Electoral Commission more accountable to Parliament, the Government said: "The duty to have regard to the Strategy and Policy Statement will not replace or undermine the Electoral Commission's other statutory duties nor will it allow the Government to 'set the strategic direction of the Electoral Commission' as suggested in the Committee's Report.
"This duty will only require the Commission to consider the Statement in its decision-making process—it is not a direction.”
It added: "The Electoral Commissioners and the Commission's executive leadership remain responsible for determining the Commission’s strategy, priorities and how the Commission should discharge its duties, including its day-to-day operations."
Adam Carey
