Annex A
LETTER TO
THE SPEAKER
FROM SAM
YOUNGER,
CHAIRMAN
OF THE
ELECTORAL COMMISSION
At the meeting of the Speaker's Committee on October
24th Members raised a number of issues to which there
was no opportunity for me to respond at the time. The draft minutes
of the meeting noted that I would cover them in a subsequent letter.
I will respond to the points raised in the order in which they
appear in the draft minutes.
a. Electoral law was still primitive and turnout
was adversely affected by conditions which applied to the register
and to postal and proxy voting
The Electoral Commission's report on the General
Election emphasised political factors as the most important in
explaining the low turnout. However, practical difficulties were
widely cited in surveys as reasons for not voting. In relation
to the register, a frequent complaint to the Commission during
the campaign came from people who decided they wished to register
to vote only after the election date was announced but discovered
they were by then too late to register. The Commission's view
is that this needs changing and a fundamental review of the working
of the register is a key priority in the work programme. The availability
of postal voting on demand seems to have been welcomed by voters
- with twice as many votes cast by post in 2001 compared to 1997.
However, the MORI survey for the Electoral Commission found a
significant number of potential voters unaware of the easy availability
of postal votes. The requirement for a "Declaration of Identity"
to accompany a postal vote is a subject of debate as to whether
its effectiveness as a safeguard against fraud really outweighs
the greater complexity it brings to voting. In 2001, though, the
biggest problem of postal voting was administrative overload which,
when compounded by Consignia's delivery problems in some areas
and a postal strike, meant that many voters either did not receive
their postal ballots in time or were disenfranchised because their
postal votes did not arrive in time for the count. All of these
issues will be examined further in the Commission's review of
postal voting.
b. Apathy was not the only reason for people
deciding not to vote and some thought should be given to enabling
people to record an abstention or alternative view on the ballot
paper
This suggestion has been made in surveys and focus
groups as well as by members of the public who have been in touch
with the Commission. Although not one of our immediate priorities,
our report promised to consider the case for a "none of the
above" option as part of a wider review of ballot paper design.
c. Local authorities were being encouraged
to provide electronic points of access for their services and
this should apply to voting, subject to protection from fraud
Electronic voting and counting, as well as internet
or telephone voting, are areas that need to be positively explored.
Local authorities are being encouraged to consider pilots in these
areas for the 2002 local elections and DTLR has pledged substantial
funding for suitable pilots. Meanwhile the Commission, along with
the LGA, the Association of Electoral Administrators, the Hansard
Society and others has commissioned a study on the practical issues
involved in implementing e-voting which will conclude in early
2002.
d. Best practice in other countries should
be studied, particularly in encouraging young people and people
from ethnic minorities to vote
The Commission is very aware that it has much to
learn from other countries' experience, in this as in other fields.
Although the priorities of our early months have limited our activity
in this area so far, we have begun to make contact with counterparts
around the world - especially in Canada, Australia and India.
We will also be attending a first meeting of EU election organisations
in March 2002.
e. The Department of Transport Local Government
and the Regions was keen to explore ways of making voting easier
and modernising procedures
The Commission is working closely with DTLR. The
Department will be involved with all the major projects arising
out of the Commission's report on the election.
f. More work needed to be done by the Commission
in developing arrangements for evaluation of its performance (section
10 of the five-year plan)
In introducing the revised plan to the Committee
I had acknowledged this was an area in which we needed to do much
more. When we submit the next version of the plan along with the
budget proposals for 2002-03 to the Committee in January/February
2002 we will include interim indicators and a plan for the development
of indicators for the long term.
g. The Commission should not adopt too cautious
an approach to its wide range of responsibilities and adequate
resources should be provided if it was not to be constrained from
carrying out the necessary work
There is no doubt that the agenda being pursued by
the Commission is very ambitious in relation to our newness and
our existing resource level. We are likely to be asking the Committee
for some increase in resources for 2002-03 and beyond. At the
same time we are concerned to ensure that we only ask for resources
that we are in a position to deploy efficiently and effectively.
There is a danger for a new organisation in seeking to do too
much too soon. However, we do need to ensure that we can deliver
what we are required to and what we need to in order to meet reasonable
expectations.
h. The Commission should estimate the scale
of work likely to be involved in changes to the external boundaries
of local authorities
Review of the external boundaries of local authorities
does not come within the existing programme or powers of the Local
Government Commission for England (which is due to become part
of the Electoral Commission in April 2002). Such review could
only be undertaken at the express request of the Secretary of
State and the resources required would have to be identified at
the time in the light of other commitments.
i. Attention should be paid to the form of
the questions posed in mayoral referenda and the absence of a
requirement for a home address to be given by those supporting
the call for such a referendum
The Commission's statutory role in commenting on
the question in mayoral referendums came into force on July 1st,
after the regulations had been made stipulating the question for
such referendums. Since July 1st DTLR has been required
to consult the Commission on regulations covering mayoral referendums
(including the question) and elections. The Commission is about
to undertake a review of the first wave of mayoral referendums.
j. The Committee would be interested in the
forthcoming scheme for policy development grants to political
parties
The Commission's proposed scheme has been submitted
to the Secretary of State and his response is awaited. The scheme
is based partly on a flat rate for all eligible parties and partly
on votes received in relevant elections. When the Secretary of
State has approved the scheme, he will make an order under Section
2 of PPERA to give effect to it.
k. The Commission should address the enforcement
of the law on personation at elections, particularly in cases
where the list system meant that a candidate needed only about
5% of the vote to be elected
The prevention of fraud, including personation, is
a key consideration in a number of the areas of review on which
the Commission is engaged. Enforcement is currently a matter for
individual Acting Returning Officers and the police and is not
in the Electoral Commission's remit.
l. The speed and quality of publication of
the Commission's report on the June 2001 general election was
impressive
The Commission is grateful for the comment and will
ensure that all the staff involved are informed of it.
m. As well as learning from practices in other
countries, the Commission should be willing to assist other countries
with less experience of running democratic elections and in so
doing the Commission should maintain contact with other Westminster
bodies with an interest in such work, such as the Commonwealth
Parliamentary Association
The Commission is keen to offer all the help it can
to other countries. Already we have received delegations from
a range of countries in London and have been invited to a number
of international conferences. We have recently agreed a policy
on participation in election observation or assistance through
such bodies as the FCO, DfID, the Commonwealth Secretariat and
the OSCE and will be implementing this policy as resources allow.
Contact with other Westminster bodies is a good suggestion which
we shall pursue.
Sam Younger
Electoral Commission
14 November 2001
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