The Electoral Commission

Part of Orders of the Day — Political Parties, Elections and Referendums Bill – in the House of Commons at 4:19 pm on 14 February 2000.

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Photo of Andrew Stunell Andrew Stunell Shadow Spokesperson (Environment, Food and Rural Affairs), Liberal Democrat Spokesperson (Environment, Food and Rural Affairs) 4:19, 14 February 2000

The three amendments in my name hang together and have a clear intent. Amendments Nos. 1 and 2 deal with the qualifications—or, perhaps more accurately, the disqualifications—for being an electoral commissioner and amendment No. 3 deals with the disqualifications that would apply to deputy electoral commissioners who can be appointed under the provisions in clause 13.

In the Standing Committee, we considered the Bill's broad sweep and reminded ourselves that it represented the first fundamental review of our electoral procedures since 1883—117 years ago. The Government's intention—Liberal Democrats support them on this—is that the overhaul should be thorough and enduring. Although, given the speed of legislative change, I have no doubt that our successors will return to the issue long before another 117 years have passed, we must bear in mind that we are putting in place provisions that will have a long life. Indeed, they may have a longer life than any of us in this Parliament or even the current political parties. In the Standing Committee I reminded the Minister that the Labour party did not even exist in 1883, so who can say where we might be in another 117 years?

Everyone in this Committee is, of course, sane, wise and full of good intentions and good will. It is inconceivable that any Member here today would ever seek to stuff the Electoral Commission with friends, cronies or those with ill will towards the democratic process in their hearts.

Clause 1 and schedule 1 put in place the first steps to ensure that the Electoral Commission is a buffer or intermediary between the harsh and sometimes fractious realities of party political conflict in the House and outside and the administration of the electoral and democratic process. The aim is to set up an authoritative, neutral and non-partisan body, untainted by outside interests. The Bill goes a long way towards achieving that.

I add in passing that the House and the British constitutional system are adept at forming such bodies, which in many other democratic systems might be regarded with the utmost suspicion and thought of as unworkable. We already have a good number of such bodies in our system, so the process of setting them up and their operational viability are certain.

The amendments would go one step further and try to ensure that there will be no circumstances in which there can be the impression or reality of an improper interest or improper influence being brought to bear on the electoral commissioners or the deputy electoral commissioners.

The amendments are simple and straightforward. The first would prohibit any electoral commissioner from being a person who holds a publicly elected office. That may seem so obvious and simple that it does not need to be stated, but it is appropriate that it should be spelt out in the Bill. We should be clear that the commissioners are without any personal interest in the outcomes of the decisions that they make or may make. It is important also that the public perception is that they are completely without any taint of personal interest in those outcomes.

Amendment No. 2 would hopefully rule out the possibility that any future Government or Secretary of State would pack the Electoral Commission with place people, by making sure that commissioners cannot simultaneously hold an office of profit under the Crown. That is intended to preserve their independence of thought and action and to prevent any perception that they might come under undue influence from a future Government or any of their agencies.

Amendment No. 3 would deal with the role of the deputy commissioners, which I mentioned in an intervention on the right hon. Member for Bromley and Chislehurst (Mr. Forth). In every practical regard, they will have the same duties and responsibilities as the commissioners, and they will be appointed by the commissioners subsequent to the appointment of the commission. The deputy commissioners will have the same freedom of action within the terms of reference in the Bill and the functions given to the commission to exercise powers on its behalf. It is therefore entirely sensible that they should be subject to precisely the same restrictions on holding elected office and office for profit under the Crown.

These straightforward amendments are intended to strengthen the hand of the Electoral Commission and to make sure that it is seen to be, and is, completely above suspicion in a future that may stretch through different and difficult political times, when it may be extremely valuable to us all for the commission to have that safeguard of independence and freedom to exercise its own judgment in the face of possible substantial and sustained pressure by a hostile Government.