List of Conclusions
and Recommendations
161. Our conclusions and recommendations are as follows:
Is there a need for any reform?
(1) We regard it as
important for the health of the democratic and political system
that participation in the electoral process be as high as possible.
We consider that there is a need to examine all aspects of the
British electoral process, including therefore the election procedures,
to establish what practical steps can be taken to increase participation.
(Paragraph 8).
(2) We conclude that there is a need to bring
election administration up to date so as to maximise its effectiveness
and its relevance to modern needs. (Paragraph 10).
(3) We are in no doubt that the time is right
for a review of electoral arrangements. Nevertheless, we entirely
accept that the current electoral arrangements by and large work
well, are fair and are inexpensive, and that change must not be
introduced for change's sake. Above all, the integrity of the
system must be preserved. (Paragraph 12).
Current participation rates
(4) We have no doubt
in concluding that the participation rate in British electionsparticularly
at European and local electionsis low and that it would
be desirable for it to be increased. (Paragraph 16).
Factors affecting turnout
(5) We fully recognise
that the major factors affecting turnout relate to voters' general
perceptions of the importance of the election, the importance
of the institution being elected, the importance of their own
vote, and their views of the particular candidates which they
are offered. .... But this conclusion does not absolve government,
Parliament and political parties from doing what can be done to
increase the levels of interest in the system. (Paragraph 20).
Voter education
(6) Measures to raise
levels of interest and awareness of the political process are
important and every effort must be made to identify new ways of
making those measures relevant and effective in modern circumstances.
.... We strongly endorse [the proposal that "citizenship
education be a statutory entitlement in the curriculum and that
all schools should be required to show they are fulfilling the
obligation that this places on them"]. (Paragraph 23).
(7) We recommend that resources are found
to fund a programme of voter education whenever a new electoral
system is introduced. (Paragraph 24).
(8) We would support initiatives to make greater
use of the polling card as an instrument for encouraging turnout.
(Paragraph 25).
Compulsion
(9) Our view is that
while it may not be desirable to have any form of compulsory voting
we nevertheless consider that there should be a public debate
over this, bearing in mind the much higher rate of voting in democracies
where such a system exists. (Paragraph 29).
Current methods of preparing the register
(10) We recommend
that consideration be given to giving registration officers further
legal rights to access to specified relevant records held by [public
authorities or utilities]. (Paragraph 34).
(11) We conclude that the time has come whereby
consideration should be given to the devising and imposition of
national minimum standards for the work of registration officers.
(Paragraph 35).
Young people
(12) We conclude that
particular efforts must be made to improve registration rates
amongst young people .... [For attainers] at least it should be
possible to improve registration rates by work in schools and
by use of school records. (Paragraph 37).
A 'rolling register'
(13) We support the
introduction of a rolling register, and we therefore welcome the
decision of the Home Secretary's Working Party to recommend its
introduction. (Paragraph 40).
(14) Moves towards a rolling register must
only go forward at a rate which can be properly supported by the
technology in use by local authorities and which commands the
confidence and the consent of all the main political parties.
(Paragraph 41).
(15) We would be unhappy about allowing electors
to be placed on a register because of an entitlement which arose
only after an election has been called. (Paragraph 42).
The residence qualification
(16) We consider that
registration officers should not be put in a position where they
have to risk breaking the rules as a consequence of being more
flexible in defining a 'residence', since it is important that
homeless people are not effectively disenfranchised; we recommend
that, while incorporating appropriate safeguards, the Representation
of the People Acts be amended accordingly. (Paragraph 45).
(17) We recommend that the restrictions on
using psychiatric hospitals as residences for the purpose of electoral
registration be removed; alternative kinds of restriction, not
based on residence grounds, should be devised if it were thought
necessary to bar from voting certain patients whose condition
made it inappropriate for them to have a vote. (Paragraph 46).
Registration of vulnerable persons
(18) We recognise
the strength of the calls for a means of registering without having
to reveal information which could make the elector vulnerable,
and consideration should be given to developing such a system.
... We consider that any such system should allow for anonymous
registration only in exceptional circumstances. (Paragraph 49).
(19) We see no alternative to the general
principle that copies of the register should be generally available,
at least for electoral purposes. (Paragraph 50).
Penalties and incentives
(20) We .... do not
think it is necessary or desirable for the state to be heavy handed
in pursuing non-registration through the courts. ... The Home
Office should gather reliable statistics from local authorities
about the numbers of prosecutions and levels of fines. (Paragraph
52).
Making it easier to cast a vote
(21) We conclude that
the time is right to consider a range of possible reforms to the
physical process of casting a vote. (Paragraph 56).
(22) Reforms must therefore be approached
cautiously and changes which are based on visions of what new
technology can offer must be assessed not simply on the basis
that they are 'modern' or 'exciting' but on whether they are safe
and effective. (Paragraph 57).
Polling hours
(23) We recommend
that harmonised voting hours of 7am to 9pm be brought in for local
and national elections. (Paragraph 59).
Polling day
(24) We see sufficient
potential advantage in weekend voting for it to be worth experimenting
to see if it would actually generate the increased turnout hoped
for. (Paragraph 64).
Absent voting: deadlines
(25) We recommend
that the Home Office discuss with electoral administrators how
much further the deadlines for (a) postal vote applications and
(b) proxy vote applications could be reduced, and take the necessary
steps to implement the agreed new timetables. (Paragraph 67).
Absent voting: entitlement
(26) We recommend
that the various grounds for entitlement for an absent vote be
abolished, and that electors be allowed to apply for an absent
vote on demand. (Paragraph 70).
(27) We recommend in the meantime that the
Government take steps to remind all GPs that they are obliged
to deal with applications for absent voting free of charge. (Paragraph
71).
(28) We support the idea that registration
officers should more actively promote take-up of absent voting
entitlements, particularly those for indefinite entitlements;
we suggest also that appropriate methods for doing this should
be included in any mandatory minimum standards for registration
introduced under our recommendation at paragraph 35 above. (Paragraph
72).
Early voting
(29) We consider that
early voting facilities at convenient locations, specially adapted
to assist those with disabilities but nevertheless open to all,
should be introduced. (Paragraph 78).
(30) We consider that early voting stations
should not open until the week in which the main polling day fallsi.e.
the Monday before the main polling day. In order to prevent any
effect on the rest of the election, exit polling of early voters
should be prohibited. (Paragraph 79).
Choice of polling stations and their location
(31) We recommend
that the increased computerisation of the work of registration
officers should progress in such a way as to allow registers to
be available and marked up at polling stations throughout a constituency
on a common basis. When reliable technology is in place and tested
and proven, but not before, we recommend that voters should be
able to vote at any polling station in the constituency. (Paragraph
83).
Electronic voting
(32) We do not therefore
recommend experimentation with electronic voting, though we accept
that in the longer term this may require re-examination. (Paragraph
84).
Assistance for those with disabilities
(33) We conclude that
the Home Office guidance to returning officers should recommend
improved training of presiding officers in relation to the difficulties
faced by disabled people, including a briefing prior to each election,
so as to encourage them to allow maximum flexibility within the
current rules. (Paragraph 86).
(34) We recommend that the Home Office guidance
to returning officers on the conduct of accessibility audits makes
use of national standards and suggest that the audits be carried
out, wherever possible, in close co-operation with local disability
groups. In particular, we recommend the establishment of local
telephone "hot-lines" to ensure that access problems
can be acted upon immediately. (Paragraph 88).
(35) We concur with [the view that compulsory
standards should not be imposed at national level]. (Paragraph
89).
(36) We believe that in this important area
of the exercise of democratic rights the cost of providing 100%
grants is justified. In particular, full grants should be available
for the cost of equipping all polling stations with polling booths
accessible to the disabled. We also urge the Home Office to improve
its advice to returning officers on the availability of grants
and the deployment of the equipment. (Paragraph 90).
(37) We therefore recommend that the Home
Office take any necessary steps to ensure that assistance by polling
station staff and companions may be provided to all blind and
partially-sighted persons who require it and that the companion
providing assistance may be registered in any constituency. (Paragraph
91).
(38) We believe, however, that as a minimum
the size and clarity of all ballot papers, including the type
size for the candidate's description, should be improved with
a large print reference copy displayed in each polling station.
The Home Office should also pilot the use of Braille and large
print templates. We therefore welcome the announcement that, subject
to legislative opportunity, the Government now intend to make
possible the introduction of polling aids for disabled people
generally. (Paragraph 92).
(39) We believe that every practical option
should be explored to enable disabled people and others with mobility
problems to exercise their right to vote in person and recommend
that a pilot exercise to assess the feasibility and cost of mobile
polling stations should be undertaken. (Paragraph 93).
Abuse of proxy and postal voting
(40) We have no firm
evidence to suggest that abuse of the absent voting system by
people fraudulently influencing how such votes are obtained and
cast is widespread. .... We recommend that the Home Office and
returning officers conduct research, on a sample basis, into whether
absent voters at a recent (or a forthcoming) election were satisfied
that they were able to cast their vote free from any improper
outside influence, and also into the question of delivery of the
ballot papers once completed. (Paragraph 98).
Impersonation and vote tracing
(41) We broadly agree
that there is at present no great problem with impersonation in
British elections outside Northern Ireland, and we do not see
a need to introduce any additional requirements to prove identity
before being given a ballot paper. (Paragraph 102).
(42) We concur with Liberty's view that [the
system of marking counterfoils to allow vote tracing should be
abandoned]. (Paragraph 107).
Ballot papers
(43) We consider that
there should continue to be some form of mark or identifier on
ballot papers to enable a false paper to be readily identified.
However, we regard the physical application of a mark to each
such paper at the polling station as unsatisfactory, given how
easily it can be accidentally omitted, leading to the effective
deprivation of a valid vote. We therefore recommend that the Home
Office and the electoral administrators identify and introduce
a more up to date and simpler method than the present official
mark. (Paragraph 110).
British citizens overseas
(44) We take the view
that the twenty year maximum period within which a British citizen
overseas may retain the right to vote is excessive and that the
earlier limitfive yearsshould be restored. (Paragraph
116).
Foreign nationals in the UK
(45) We do not think
the present voting entitlements for non-UK citizens need extension.
(Paragraph 118).
Double registrations
(46) We recommend
that, provided the administrative costs are not excessive, all
persons registered on more than one register should be required
to specify at the time of registration which one was to be regarded
as their main residence and thus the one at which they would vote
at any national election. (Paragraph 121).
Eligibility to be elected
(47) We recognise
the argument for reducing the age for candidates to 18, but on
balance we do not recommend such a change. (Paragraph 124).
(48) We therefore recommend that, with one
exception, all restrictions on ministers of religion standing
for, and serving as, Members of Parliament be removed; the exception
would be in respect of all serving bishops of the Church of England
who, for so long as places are reserved for the senior bishops
in the House of Lords, should remain ineligible to serve as Members
of the Commons. (Paragraph 127).
The number of candidates
(49) We agree that
people who are putting forward genuine political views and policies
should in a democratic society be able to stand as candidates
without undue difficulty, even if their views are unlikely to
secure the support of any more than a small minority of voters.
At the same time, we do not believe the political process is enhanced
or democracy well served by a proliferation of candidates who
are standing purely for the sake of personal publicity, whether
for the purposes of humour or of commerce. We therefore agree
that it is right and proper for there to be some basic threshold
candidates must pass if they are to be allowed to stand. (Paragraph
131).
(50) We do not favour a major increase in
the threshold for becoming a parliamentary candidate but we do
think some further rise would be appropriate in current circumstances.
We recommend that:
(a) there should
be a modest increase in the deposit to £700 for the next
general election, and that the deposit should thereafter be indexed;
(b) the number of assentors required should
be raised to 50, though returning officers should have a clear
power of discretion to accept nomination forms containing only
minor errors in the names and details of assentors; and
(c) before signatures of assentors are
collected the nomination form must be authorised by the returning
officer confirming that the candidate's name and description are
accurate. (Paragraph 134).
Misleading names on ballot papers
(51) We accept that
the position with respect to the prevention of the use of deliberately
misleading names by candidates may be adequate in theory. In practice
however there are still difficulties. We recommend that candidates
should be nominated under a name by which they can show that they
have been known for a given period before the election (such as
the name by which they are listed in the electoral register).
(Paragraph 138).
Misleading descriptions of candidates
(52) We welcome the
provisions covering candidates' descriptions in the Registration
of Political Parties Bill so far as they go. .... We believe however
that returning officers will need stronger guidance than is provided
in the Bill as to whether particular descriptions should be allowed.
There may also be a need to establish a mechanism to ensure consistency
between different returning officers' decisions. We conclude that
the Government, electoral administrators and political parties
should monitor developments closely, and that the Government should
be ready to introduce further proposals if necessary. (Paragraph
145).
The present administrative structure
(53) We have received
no serious criticisms of the present work carried out by the majority
of local authorities and electoral officers, and we congratulate
them on their record. (Paragraph 147).
An Electoral Commission?
(54) An electoral
commission should be established, whether or not one is recommended
by the Neill Committee [on Standards in Public Life]. The responsibilities
of the Home Office would be correspondingly reduced. One of the
tasks of the commission would be to ensure that the electoral
process is continuously monitored and discussed and kept up to
date. (Paragraph 156).