Fifth Report - The Elections Bill

Select Committee
Public Administration and Constitutional Affairs Committee HC 597 13 December 2021
Report Status Government responded
Conclusions & Recommendations 50 items (27 recs)
Government Response (AI assessment · 50 of 50 classified)
Government response
Fourth Special Report - The Elections Bill: Government Response to the Committee’s Fifth Report · published 10 Feb 2022

Recommendations & Conclusions

14 results
5 Conclusion Rejected
Para 29
The Committee notes and regrets that the Bill was not afforded pre-legislative scrutiny.
Conclusion
The Committee notes and regrets that the Bill was not afforded pre-legislative scrutiny.
Government Response Summary
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
Para 30
We note that pre-legislative consultation can build consensus and ensure that the proposals meet their...
Conclusion
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 … Read more
Government Response Summary
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
Para 31
We note that there was limited to no public consultation on more controversial or ‘contested’...
Conclusion
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 Summary
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
Para 32
Given the constitutional significance of the proposed changes to voting and the accountability mechanisms of...
Conclusion
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 … Read more
Government Response Summary
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
Para 48
Many of the proposed changes in electoral law are not being made on the face...
Conclusion
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 … Read more
Government Response Summary
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
Para 99
The Government has said the measures in the Bill are proportionate.
Recommendation
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 … Read more
Government Response Summary
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
Para 101
The Committee appreciates that the Government has included a wide range of forms of identification...
Recommendation
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 … Read more
Government Response Summary
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
The proposals in the Bill on voting and candidacy rights of EU citizens would create...
Recommendation
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 … Read more
Government Response Summary
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
The Committee considers that the substantive duty of the Electoral Commission to “have regard to...
Recommendation
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 … Read more
Government Response Summary
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
Para 161
The Committee urges the Government to provide guidance, as a matter of urgency, on the...
Recommendation
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 … Read more
Government Response Summary
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
Para 167
Given the Government’s stated objective of improving parliamentary scrutiny of the Electoral Commission, we recommend...
Recommendation
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 … Read more
Government Response Summary
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
Para 190
The Government has not demonstrated that the proposed measures impacting the Electoral Commission are both...
Conclusion
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. Read more
Government Response Summary
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
Para 191
The Committee considers that transparency and confidence in the proposed measures impacting the Electoral Commission...
Recommendation
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 … Read more
Government Response Summary
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
Para 193
We recommend that—notwithstanding the proposed recommendations set out above in paragraphs 150, 161, 167, 168...
Recommendation
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 … Read more
Government Response Summary
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.