The Elections Bill
Public Administration and Constitutional Affairs Committee
Closed
Inquiry
The Committee has launched an inquiry to examine all aspects of the Elections Bill.
19
Recommendations
31
Conclusions
1
Report
2
Oral sessions
9
Letters
2
Events
Activity timeline 15 events
27 Apr
2022
2022
25 Apr
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2022
20 Apr
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2022
1 Mar
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2022
10 Feb
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11 Jan
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2022
13 Dec
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Report published
22 Oct
2021
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21 Oct
2021
2021
14 Sep
2021
2021
Oral evidence
14 Sep
2021
2021
14 Sep
2021
2021
Formal meeting (oral evidence session) · Room 15, Palace of Westminster
Oral evidence sessions 2 sessions
14 Sep 2021
View on parliament.uk
Chloe Smith · Cabinet Office
7 Sep 2021
View on parliament.uk
The Elections Bill
Angela Kitching · Age UK
Dr Jessica Garland · Electoral Reform Society
Dr Sam Power · School of Law, Politics and Sociology, University of Sussex
Helen Mountfield QC · Matrix Chambers
Louise Edwards · Electoral Commission
Pete O’Doherty · City of London Police
Peter Stanyon · Association of Electoral Administrators
Professor Justin Fisher · Brunel University London
Professor Toby James · University of East Anglia (UEA)
The Lord Evans of Weardale KCB DL · Committee on Standards in Public Life
Reports 1 report · click to expand
| Title | HC No. | Published | Items | Response |
|---|---|---|---|---|
| Fifth Report - The Elections Bill | HC 597 | 13 Dec 2021 | 50 | Responded |
Recommendations & Conclusions
50 results
1
Conclusion
Fifth Report - The Elections Bill
The Committee notes that electoral law in the UK is voluminous and fragmented across a...
The Committee notes that electoral law in the UK is voluminous and fragmented across a raft of primary legislation and accompanying secondary legislation. We believe that there is a risk that this Bill will add further complexity.
Government Response
Electoral law is complex but understood by those who administer elections and referendums. It is robust and we can, as we have in the past, rely on it and our …
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2
Conclusion
Fifth Report - The Elections Bill
As the Government itself acknowledges, the time available for legislative change is limited and the...
As the Government itself acknowledges, the time available for legislative change is limited and the matter of consolidating electoral law a long and widely recommended, but challenging undertaking.
Government Response
Electoral law is complex but understood by those who administer elections and referendums. It is robust and we can, as we have in the past, rely on it and our …
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3
Conclusion
Fifth Report - The Elections Bill
Whilst a number of the proposed measures have been widely supported, including on undue influence,...
Whilst a number of the proposed measures have been widely supported, including on undue influence, the Government’s decision to focus on several ‘standalone’ reforms shows a lack of ambition. It has missed the only opportunity to bring forward a Bill …
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Government Response
Electoral law is complex but understood by those who administer elections and referendums. It is robust and we can, as we have in the past, rely on it and our …
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4
Conclusion
Fifth Report - The Elections Bill
The Committee urges the Government to set out a timetable for undertaking a wholesale review...
The Committee urges the Government to set out a timetable for undertaking a wholesale review and consolidation of electoral law. (Paragraph 24) Public and parliamentary consultation and scrutiny
Government Response
Electoral law is complex but understood by those who administer elections and referendums. It is robust and we can, as we have in the past, rely on it and our …
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5
Conclusion
Fifth Report - The Elections Bill
The Committee notes and regrets that the Bill was not afforded pre-legislative scrutiny.
The Committee notes and regrets that the Bill was not afforded pre-legislative scrutiny.
Government Response
The Government does not accept the assertion that there was a ‘lack of pre-legislative consultation and scrutiny’ in the development of the Elections Bill, which is a product of a …
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6
Conclusion
Fifth Report - The Elections Bill
We note that pre-legislative consultation can build consensus and ensure that the proposals meet their...
We note that pre-legislative consultation can build consensus and ensure that the proposals meet their stated objectives. Written and oral evidence to this inquiry infers a strong correlation between elements of the Bill which have received cross- party and wide-ranging …
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Government Response
The Government does not accept the assertion that there was a ‘lack of pre-legislative consultation and scrutiny’ in the development of the Elections Bill, which is a product of a …
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7
Conclusion
Fifth Report - The Elections Bill
We note that there was limited to no public consultation on more controversial or ‘contested’...
We note that there was limited to no public consultation on more controversial or ‘contested’ elements of the Bill, such as changes to the Electoral Commission, and that pilots on Voter ID were limited.
Government Response
The Government does not accept the assertion that there was a ‘lack of pre-legislative consultation and scrutiny’ in the development of the Elections Bill, which is a product of a …
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8
Conclusion
Fifth Report - The Elections Bill
Given the constitutional significance of the proposed changes to voting and the accountability mechanisms of...
Given the constitutional significance of the proposed changes to voting and the accountability mechanisms of the regulator of elections, the Committee is disappointed that a Joint Committee was not appointed to scrutinise this Bill in draft, to help ensure the …
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Government Response
The Government does not accept the assertion that there was a ‘lack of pre-legislative consultation and scrutiny’ in the development of the Elections Bill, which is a product of a …
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9
Conclusion
Fifth Report - The Elections Bill
The Committee further notes the Government’s decision to amend the scope of the Bill by...
The Committee further notes the Government’s decision to amend the scope of the Bill by including additional measures on the voting system for all Police and Crime Commissioner, Combined Authority Mayoral and London Mayoral elections after the Bill was introduced, …
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Government Response
The Government does not accept the assertion that there was a ‘lack of pre-legislative consultation and scrutiny’ in the development of the Elections Bill, which is a product of a …
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10
Recommendation
Fifth Report - The Elections Bill
Given the lack of pre-legislative consultation and scrutiny on this constitutionally important Bill and the...
Given the lack of pre-legislative consultation and scrutiny on this constitutionally important Bill and the significant change in scope of the Bill after its introduction and Second Reading, the Government should include a statutory commitment to post- legislative scrutiny of …
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11
Recommendation
Fifth Report - The Elections Bill
We recommend that the Government amend the Bill to introduce a requirement that, within five...
We recommend that the Government amend the Bill to introduce a requirement that, within five years of the entry into force of the Act, a committee comprising a majority of Members of the House of Commons is established to review …
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12
Conclusion
Fifth Report - The Elections Bill
The Government has committed to respecting devolved competence where they are touched upon in this...
The Government has committed to respecting devolved competence where they are touched upon in this Bill. If this were to change, we expect the Committee and the House to be notified of the reasons for such a change in advance …
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Government Response
The UK Government is committed to working constructively with the devolved administrations to ensure that elections work well in the best interests of voters, the electoral sector and those regulated …
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13
Conclusion
Fifth Report - The Elections Bill
Many of the proposed changes in electoral law are not being made on the face...
Many of the proposed changes in electoral law are not being made on the face of the Bill, but will be determined by secondary legislation. The melange of delegated powers provided for in this Bill serves to highlight, and potentially …
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Government Response
The Government does not accept the assertion that there was a ‘lack of pre-legislative consultation and scrutiny’ in the development of the Elections Bill, which is a product of a …
Read more
14
Recommendation
Fifth Report - The Elections Bill
The Government should present the draft secondary legislation as early as possible, as committed to...
The Government should present the draft secondary legislation as early as possible, as committed to by then responsible Minister, Chloe Smith MP, to enable due consideration by both Houses and stakeholders of the proposed secondary legislation that will provide further …
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15
Conclusion
Fifth Report - The Elections Bill
There appears to be potential for a contradiction in the drafting of Schedule 1 as...
There appears to be potential for a contradiction in the drafting of Schedule 1 as the provisions setting out both the Voter Card and the Anonymous Voter Card leave open the possibility of a limited period of validity. However, the …
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Government Response
The Government’s intention is that ‘expired’ documents will remain valid for the purpose of voter identification so long as the photograph remains a good likeness, although they have expired for …
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16
Conclusion
Fifth Report - The Elections Bill
The process of carrying out elections in the UK, the ease with which members of...
The process of carrying out elections in the UK, the ease with which members of the electorate can cast their vote, and the trust that is shown in and by the electorate in general is an admirable and crucial tenet …
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Government Response
The Government takes its Public Sector Equality Duty seriously. We have given due regard to it throughout the planning for implementation to date and we have always been clear that …
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17
Conclusion
Fifth Report - The Elections Bill
The Government presented to the Committee a case that there is underreporting of personation at...
The Government presented to the Committee a case that there is underreporting of personation at UK elections. While the Government refused to be drawn on how extensive it believes the underreporting has been, it has implied that it is at …
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Government Response
The Government takes its Public Sector Equality Duty seriously. We have given due regard to it throughout the planning for implementation to date and we have always been clear that …
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18
Conclusion
Fifth Report - The Elections Bill
There have been concerns raised that introducing a voter ID requirement will negatively impact voter...
There have been concerns raised that introducing a voter ID requirement will negatively impact voter turnout. The evidence from what happened in Northern Ireland in 2003 following the move to a photographic ID suggests that a reduction of around 2.3% …
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Government Response
The Government takes its Public Sector Equality Duty seriously. We have given due regard to it throughout the planning for implementation to date and we have always been clear that …
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19
Recommendation
Fifth Report - The Elections Bill
The Government has said the measures in the Bill are proportionate.
The Government has said the measures in the Bill are proportionate. Given the potential for a significant number of people not to vote as a consequence of the voter ID requirement, the Government should not proceed with its proposals for …
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20
Recommendation
Fifth Report - The Elections Bill
We are pleased to see that the Government has included a monitoring and reporting requirement...
We are pleased to see that the Government has included a monitoring and reporting requirement for voter ID in the Bill. We recommend that close attention is given not only to the number of people who arrive without appropriate ID, …
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21
Recommendation
Fifth Report - The Elections Bill
The Committee appreciates that the Government has included a wide range of forms of identification...
The Committee appreciates that the Government has included a wide range of forms of identification in its list of acceptable identification in the Bill. The purpose of the Government’s proposals to introduce a voter ID requirement are to ensure that …
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22
Recommendation
Fifth Report - The Elections Bill
We are concerned that the voter ID requirement will be burdensome to poll station staff.
We are concerned that the voter ID requirement will be burdensome to poll station staff. Many of the practicalities of the voter ID system are still to be set out and the Committee intends to monitor these closely. We recommend …
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23
Recommendation
Fifth Report - The Elections Bill
We welcome the Government’s move to update electoral law to widen the requirement for anyone...
We welcome the Government’s move to update electoral law to widen the requirement for anyone and everybody who may have a disability or a need for support in casting their vote. We also take on board the concerns expressed by …
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24
Recommendation
Fifth Report - The Elections Bill
There will inevitably be cost implications associated with widening the support for people with disabilities.
There will inevitably be cost implications associated with widening the support for people with disabilities. The Government should set out how much it expects new equipment to cost and indicate what financial support will be made available to local authorities …
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25
Conclusion
Fifth Report - The Elections Bill
The Government’s reasons for making these changes to the laws on postal voting appear valid...
The Government’s reasons for making these changes to the laws on postal voting appear valid and justified to the Committee. The Committee recommends that the Government sets out regulations to the effect that local authorities must notify people in advance …
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Government Response
The Government welcomes the Committee’s comments on the postal voting measures. The Bill will limit the period a person’s application covers to three years. Under the transitional arrangements set out …
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26
Conclusion
Fifth Report - The Elections Bill
We agree with the Government that it is sensible to limit the number of proxy...
We agree with the Government that it is sensible to limit the number of proxy votes that can be exercised by individuals to two for domestic electors, and four for overseas electors. (Paragraph 118) Overseas electors and changes to the …
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Government Response
The Government welcomes the Committee’s comments on the postal voting measures. The Bill will limit the period a person’s application covers to three years. Under the transitional arrangements set out …
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27
Conclusion
Fifth Report - The Elections Bill
The Committee welcomes the removal of the 15-year limit on overseas electors participating in UK...
The Committee welcomes the removal of the 15-year limit on overseas electors participating in UK parliamentary elections.
Government Response
The intention behind the proposed changes to EU citizens’ voting and candidacy rights is to update the franchise to appropriately reflect that the UK has left the European Union, and …
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28
Conclusion
Fifth Report - The Elections Bill
The proposals in the Bill on voting and candidacy rights of EU citizens would create...
The proposals in the Bill on voting and candidacy rights of EU citizens would create a complex system that is likely to lead to confusion and difficulties for electoral administrators, electoral campaigners and voters in determining who is eligible to …
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Government Response
The intention behind the proposed changes to EU citizens’ voting and candidacy rights is to update the franchise to appropriately reflect that the UK has left the European Union, and …
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29
Conclusion
Fifth Report - The Elections Bill
The Committee notes widespread concerns presented in written and oral evidence to this Committee that...
The Committee notes widespread concerns presented in written and oral evidence to this Committee that there was no formal or public consultation on these proposals and that there is a lack of supporting evidence to demonstrate that the proposed measures …
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Government Response
The intention behind the proposed changes to EU citizens’ voting and candidacy rights is to update the franchise to appropriately reflect that the UK has left the European Union, and …
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30
Conclusion
Fifth Report - The Elections Bill
The Committee reiterates the importance in upholding the actual and/or perceived independence of the regulator...
The Committee reiterates the importance in upholding the actual and/or perceived independence of the regulator and considers that effective scrutiny of the Electoral Commission’s work by the UK’s Parliaments is essential to ensuring the Commission is held to account in …
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Government Response
The Government agrees that it is crucial that Parliament is clear on the effect and implications of proposals relating to the accountability of the Electoral Commission introduced by the Elections …
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31
Recommendation
Fifth Report - The Elections Bill
The Committee considers that the substantive duty of the Electoral Commission to “have regard to...
The Committee considers that the substantive duty of the Electoral Commission to “have regard to the Statement” should be clarified. We recommend that the Bill be amended to provide that the Electoral Commission is able to depart from the guidance …
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32
Conclusion
Fifth Report - The Elections Bill
The Committee considers that the proposed consultation procedures require further clarification to ensure a transparent...
The Committee considers that the proposed consultation procedures require further clarification to ensure a transparent and meaningful consultation process.
Government Response
The consultation mechanism for the designation of the Strategy and Policy Statement is already outlined in detail in new sections 4C, 4D and 4E of PPERA. The provisions state clearly …
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33
Recommendation
Fifth Report - The Elections Bill
The Committee urges the Government to provide guidance, as a matter of urgency, on the...
The Committee urges the Government to provide guidance, as a matter of urgency, on the proposed consultation mechanisms, which should be agreed with the list of statutory consultees in advance of publication. We recommend that the guidance: a) sets out …
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34
Recommendation
Fifth Report - The Elections Bill
Given the Government’s stated objective of improving parliamentary scrutiny of the Electoral Commission, we recommend...
Given the Government’s stated objective of improving parliamentary scrutiny of the Electoral Commission, we recommend the application of the ‘super-affirmative procedure’ for approval of the Statement, to ensure that parliamentarians have the formal opportunity to feed into and make recommendations …
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35
Recommendation
Fifth Report - The Elections Bill
At a minimum, under the affirmative procedure, the Government should set a precedent for any...
At a minimum, under the affirmative procedure, the Government should set a precedent for any future governments by committing to find time for a debate on the Floor of the House of the Statement once laid in draft for approval.
36
Conclusion
Fifth Report - The Elections Bill
The Committee would support any measures that increase transparency in the way the Electoral Commission’s...
The Committee would support any measures that increase transparency in the way the Electoral Commission’s compliance with the Statement is assessed by the Speaker’s Committee.
Government Response
The Government notes that this recommendation is addressed to the Speaker’s Committee which, under paragraph 3 of Schedule 2 to PPERA, can set out its own procedure.
37
Conclusion
Fifth Report - The Elections Bill
The Speaker’s Committee may wish to develop the use of SMART objectives in monitoring and...
The Speaker’s Committee may wish to develop the use of SMART objectives in monitoring and assessing the Electoral Commission’s compliance with the Statement. Furthermore, reports should clarify the consequences of any disagreement(s) between the Electoral Commission and the Speaker’s Committee.
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Government Response
The Government notes that this recommendation is addressed to the Speaker’s Committee which, under paragraph 3 of Schedule 2 to PPERA, can set out its own procedure.
38
Conclusion
Fifth Report - The Elections Bill
Noting the importance in maintaining the perceived and actual independence of the Electoral Commission, the...
Noting the importance in maintaining the perceived and actual independence of the Electoral Commission, the body which scrutinises the Electoral Commission’s compliance with the Statement and will play a key role in the consultation process (including providing any objections to …
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Government Response
The Government notes that this recommendation is addressed to the Speaker’s Committee which, under paragraph 3 of Schedule 2 to PPERA, can set out its own procedure.
39
Conclusion
Fifth Report - The Elections Bill
The Government has not demonstrated that the proposed measures impacting the Electoral Commission are both...
The Government has not demonstrated that the proposed measures impacting the Electoral Commission are both necessary and proportionate, and therefore risks undermining public confidence in the effective and independent regulation of the electoral system.
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Government Response
The Government disagrees with the Committee’s recommendation in paragraph 193. The public rightly expects effective and independent regulation of the electoral system. The Electoral Commission has a vital role to …
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40
Conclusion
Fifth Report - The Elections Bill
The Committee considers that transparency and confidence in the proposed measures impacting the Electoral Commission...
The Committee considers that transparency and confidence in the proposed measures impacting the Electoral Commission could have been enhanced if the Government had first conducted a public consultation on the proposed measures— including the consultation, designation and approval mechanisms for …
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Government Response
The Government disagrees with the Committee’s recommendation in paragraph 193. The public rightly expects effective and independent regulation of the electoral system. The Electoral Commission has a vital role to …
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41
Conclusion
Fifth Report - The Elections Bill
The Committee’s inquiry into the work of the Electoral Commission is ongoing, covering a wide...
The Committee’s inquiry into the work of the Electoral Commission is ongoing, covering a wide range of issues including the regulator’s governance and accountability arrangements.
Government Response
The Government is grateful for the Committee’s report on the Elections Bill and its upcoming report on the Work of the Electoral Commission. The report was published after the Bill …
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42
Recommendation
Fifth Report - The Elections Bill
We recommend that—notwithstanding the proposed recommendations set out above in paragraphs 150, 161, 167, 168...
We recommend that—notwithstanding the proposed recommendations set out above in paragraphs 150, 161, 167, 168 and 178—Clauses 13 to 15 of the Bill are removed, pending a formal public consultation on the proposed measures and to take into account any …
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43
Conclusion
Fifth Report - The Elections Bill
The Government has not clarified whether more resources and training will be provided to the...
The Government has not clarified whether more resources and training will be provided to the police and Crown Prosecution Service (CPS) and Public Prosecution Service in Northern Ireland (PPS) to investigate alleged criminal offences under PPERA.
Government Response
In response to the Committee’s recommendations in paragraphs 200, 201 and 202, the Government is committed to making sure that elections are secure and fit for the modern age. As …
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44
Recommendation
Fifth Report - The Elections Bill
The Government should set out how it will “support the police as necessary to enforce...
The Government should set out how it will “support the police as necessary to enforce electoral regulation proactively and effectively”, as committed by the Government in its letter to the Committee of 7 October 2021, including what resources it will …
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45
Recommendation
Fifth Report - The Elections Bill
We urge the Government to commit to review, monitor and report on potential criminal breaches...
We urge the Government to commit to review, monitor and report on potential criminal breaches under PPERA and their enforcement, which would assist in bringing forward any further legislative changes to either the civil and/or criminal sanctioning regimes. The Government …
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46
Recommendation
Fifth Report - The Elections Bill
The Government should also commit to undertaking a review of the civil sanctioning regime for...
The Government should also commit to undertaking a review of the civil sanctioning regime for electoral law offences and its interplay with criminal prosecutions under PPERA and the RPA, providing a timetable for consultation and review of the CSPL’s recommendations …
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47
Conclusion
Fifth Report - The Elections Bill
We note the Government’s insistence that it is not able to incorporate a number of...
We note the Government’s insistence that it is not able to incorporate a number of measures in the Bill now that it has been introduced. However, the Government has changed the scope of the Bill after introduction by amending the …
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Government Response
The Government disagrees with the Committee’s recommendation in paragraph 193. The public rightly expects effective and independent regulation of the electoral system. The Electoral Commission has a vital role to …
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48
Recommendation
Fifth Report - The Elections Bill
The Government’s response to the CSPL report on electoral finance regulation provides no indication of...
The Government’s response to the CSPL report on electoral finance regulation provides no indication of which of its recommendations (not already included in the Bill) the Government is likely to adopt (via amendment), prioritise for consultation or when or how …
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49
Recommendation
Fifth Report - The Elections Bill
Acknowledging the need for legislation to keep pace with rapid technological changes, the Government should...
Acknowledging the need for legislation to keep pace with rapid technological changes, the Government should commit to monitoring and conducting regular reviews of the digital imprints scheme, to ensure effectiveness in the monitoring and enforcement of the legislation and to …
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50
Conclusion
Fifth Report - The Elections Bill
Regardless of the benefits or disadvantages of the changes made by the Bill to the...
Regardless of the benefits or disadvantages of the changes made by the Bill to the electoral system for those offices, the manner in which the proposed legislative change was brought about is unsatisfactory. Making changes such as this after the …
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Government Response
The Government disagrees with the Committee’s recommendation in paragraph 193. The public rightly expects effective and independent regulation of the electoral system. The Electoral Commission has a vital role to …
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Correspondence 9 letters
27 Apr 2022
From committee
Letter to Rt Hon Michael Gove MP, Secretary of State for Levelling Up, Housing and Communities and Minister for Intergovernmental Relations, Department for Levelling Up, Housing and Communities on the Elections Bill, dated 26.4.22
Parliament page
25 Apr 2022
To committee
Letter from Rt Hon Michael Gove MP, Secretary of State for Levelling Up, Housing and Communities and Minister for Intergovernmental Relations on the Elections Bill, dated 25.4.22
Parliament page
20 Apr 2022
From committee
Letter to Rt Hon Michael Gove MP, Secretary of State for Levelling Up, Housing and Communities Minister for Intergovernmental Relations on the Elections Bill, dated 12.4.22
Parliament page
1 Mar 2022
To committee
Letter from Matt Stringer, Chief Executive Officer, Royal National Institute of Blind People on the Elections Bill, dated 23.2.22
Parliament page
11 Jan 2022
To committee
Letter from Tom Brake, Director, Unlock Democracy et al on the Elections Bill report, dated 5.1.22
Parliament page
22 Oct 2021
From committee
Letter to Rt Hon Michael Gove MP, Secretary of State, Department for Levelling Up, Housing and Communities on the Elections Bill – follow up to the oral evidence session of 14th September, dated 23.9.21
Parliament page
21 Oct 2021
To committee
Letter from Kemi Badenoch MP, Joint Minister of State for Equalities and Levelling Up Communities on the Elections Bill - Follow up to the oral evidence of 14.9.21, dated 7.10.21
Parliament page
14 Sep 2021
To committee
Letter from Chloe Smith MP, Minister of State for the Constitution and Devolution on the Elections Bill: Impact Assessment and other matters, dated 8.9.21
Parliament page
7 Sep 2021
From committee
Letter to Chloe Smith MP, Minister of State for the Constitution and Devolution on Elections Bill impact assessment and other matters, dated 27.8.21
Parliament page