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.
27
Recommendations
23
Conclusions
1
Report
2
Oral sessions
9
Letters
2
Events
Activity timeline 13 events
27 Apr
2022
2022
25 Apr
2022
2022
20 Apr
2022
2022
1 Mar
2022
2022
10 Feb
2022
2022
11 Jan
2022
2022
13 Dec
2021
2021
Report published
22 Oct
2021
2021
21 Oct
2021
2021
14 Sep
2021
2021
Oral evidence
14 Sep
2021
2021
7 Sep
2021
2021
Oral evidence
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
14 results
5
Conclusion
Rejected
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 rejects the committee's regret regarding the lack of pre-legislative scrutiny for the Elections Bill, detailing extensive engagement, consultations, parliamentary reports, and voter identification pilots that took place.
6
Conclusion
Rejected
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 rejects the implied criticism about pre-legislative consultation, stating the Elections Bill was developed with wide-ranging engagement from the electoral sector, civil society, parliamentarians, and various consultations.
7
Conclusion
Rejected
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 rejected the assertion of limited consultation, stating the Bill was developed with wide engagement, stemmed from parliamentary reports, included four direct government consultations, and was preceded by voter identification pilots.
8
Conclusion
Rejected
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 rejects the committee's disappointment about not appointing a Joint Committee for draft scrutiny, asserting that extensive pre-legislative consultation and other forms of scrutiny were already undertaken for the Elections Bill.
13
Conclusion
Rejected
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 rejected the implied criticism of using secondary legislation, explaining it is essential for technical detail and flexibility given the Bill's scope. It committed to sharing information and published policy statements detailing proposals for implementation, such as voter identification.
19
Recommendation
Rejected
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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Government Response
The government rejected the recommendation to pause legislation for further research and consultation, stating that an Equality Impact Assessment was already published, measures like free Voter Cards address accessibility, and substantial research has been carried out.
21
Recommendation
Rejected
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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Government Response
The government rejects the recommendation to accept a broader range of IDs, instead defending its current list as having been drawn up with accessibility and security in mind, and highlights the provision of free Voter Cards and communication efforts.
28
Recommendation
Rejected
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 government rejects the committee's recommendation to consider a residency-based approach for EU citizens' voting and candidacy rights, reiterating its unchanged position that UK residency does not automatically confer participation in democratic processes.
31
Recommendation
Rejected
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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Government Response
The government rejected the recommendation to amend the Bill, arguing that the existing clause already implicitly allows the Electoral Commission to weigh the Strategy and Policy Statement against other considerations, thus maintaining its operational independence without further clarification on the Bill's face.
33
Recommendation
Rejected
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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Government Response
The government rejects the recommendation to provide guidance, stating that the consultation mechanisms are already clearly outlined in detail within new sections 4C, 4D, and 4E of PPERA and therefore do not require further definition.
34
Recommendation
Rejected
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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Government Response
The Government rejected the recommendation for the super-affirmative procedure, stating that the affirmative resolution procedure will provide sufficient opportunity for parliamentary debate and scrutiny of the Strategy and Policy Statement.
39
Conclusion
Rejected
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 conclusion, stating its proposals are necessary and proportionate for reforming the Electoral Commission's accountability while respecting its independence.
40
Recommendation
Rejected
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, maintaining its proposals are necessary and proportionate for reforming the Electoral Commission's accountability.
42
Recommendation
Rejected
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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Government Response
The government disagrees with the recommendation to remove Clauses 13 to 15, asserting its proposals are necessary and proportionate for reforming the Electoral Commission's accountability.
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