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Select Committee on Speaker's Committee on the Electoral Commission First Report


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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Prepared 28 November 2002