Appendix 3
Minutes of the Speaker's Committee
Minutes of the Tenth Meeting, Wednesday 14
December 2004
Present: The
Rt Hon Michael J Martin MP, Speaker, in the Chair
The Rt Hon Alan Beith MP, Chairman, Constitutional
Affairs Committee
Lady Hermon MP
Mr Humfrey Malins CBE MP
The Rt Hon Nick Raynsford MP, Minister for Local
Government, Regional Governance and Fire
Mr Peter Viggers MP
Apologies: Mrs
Angela Browning MP, Sir Gerald Kaufman MP, and The Rt Hon the
Lord Falconer of Thoroton QC, Lord Chancellor
1. Speaker's Opening Remarks
The Speaker thanked those Members of the Committee
who had responded to the consultation on the proposed reappointment
as Electoral Commissioners of Pamela Gordon and Sir Neil McIntosh.
Following completion of the statutory consultations of party leaders,
he had written to the Leader of the House on 8th December formally
to request that the proposed reappointments be put to the House.
The Speaker told the Committee that at his meeting
with Mr Sam Younger on 30th November, Mr Younger had raised the
issue of appointing an additional Commissioner, principally in
anticipation of the transfer to the Electoral Commission of the
work of the Parliamentary Boundary Commissions. A range of concerns
were expressed regarding these transfers, and the extra burden
of work which it would place on the Electoral Commission.
Mr Raynsford commented that the Electoral Commission
already had responsibility for reviewing local government boundaries
in England and had recently completed a Periodic Electoral Review
of these. The transfer to the Commission of responsibility for
reviewing parliamentary boundaries had long been Government policy,
and he reminded the Committee that the enabling legislation had
been enacted in the Political Parties, Elections and Referendums
Act 2000. However, no date had yet been set for bringing it into
force, and the timescale for the transfer was flexible enough
to accommodate further discussion. He undertook to discuss the
matter further with the Lord Chancellor and to propose that no
action on the transfer of responsibilities should be taken until
the proposed Speaker's Committee Review of the Electoral Commission
had been completed.
2. Briefing from the Chairman of the Electoral
Commission
The Committee noted the Annual Report and Accounts
of the Commission for 2003-04, laid before the House on 18 November
2004, and the paper submitted by the Chairman on subsequent developments.
It raised a number of points in discussions with Commission representatives.
[Mr Sam Younger, Chairman of the Electoral
Commission, Mr Peter Wardle, Chief Executive
and Mr Roger Gough, Director of Corporate Services, were invited
to join the meeting.]
The Commission's finance function
Mr Wardle commented that the Commission had taken
very seriously the recommendations made by the National Audit
Office (NAO) regarding the staffing of the Commission's finance
section. This now had seven full-time members of staff, of whom
three were qualified accountants. He was satisfied that the Commission's
financial controls were effective, and he believed that the NAO
agreed with this assessment. The Commission also proposed to appoint
a Head of Finance who will have a specific remit to assist him
as its Accounting Officer in discharging his responsibilities
in this capacity. The Commission had also now asked the Chartered
Institute of Public Finance and Accountancy to undertake a further
review of the Commission's finance function, and would discuss
the outcome with the NAO.
New Initiatives Fund
The Committee asked how the Commission assessed the
effectiveness of New Initiatives Fund projects, and the contribution
of individual projects to meeting the overall objectives of the
Fund and thus to the overall objectives of the Commission. Mr
Younger said that each project was evaluated on a basis agreed
when it was approved, and that this had to include an independent
element. While it was very difficult to measure the long-term
impact of such projects, success was measured in terms of the
delivery of its stated objectives; the number of people reached;
and the effectiveness of its interventions (the degree to which
people's knowledge or attitudes had developed along the intended
lines). He was confident that individual projects had met the
key intention of reaching people who would otherwise have remained
outside the electoral process, and that the Fund helped small
organisations to undertake niche projects that the Commission
itself could not.
Mr Younger said that the Commission was satisfied
that, overall, a 'critical mass' of the Fund's projects had been
successful. He added that, in 2005, the Commission intended to
take a look at the performance of the Fund to date, and how this
expenditure fitted in to the overall pattern of the Commission's
expenditure on public awareness.
Perceptions of the Commission
The Committee noted that, as had been mentioned at
the previous meeting, there was a perception that the Commission
sometimes appeared out of touch with politicians and the political
process, and asked what steps the Commission was taking to develop
closer links with the political parties and with parliamentarians.
Mr Younger said that Commissioners were intended to be independent,
and valued this status very highly. The statutory Political Parties
Panel had been very important in terms of communication with party
administrators at head office level, but the Commission was looking
at other ways of engaging with the parties, particularly elected
representatives. It is developing links with local politicians
through links with the Local Government Association. Mr Younger
acknowledged that there was more to be done in fostering links
with parliamentarians. Recent initiatives involving party Whips
and back bench committees (particularly with the Conservatives
through a sub-committee of the 1922 Committee) were showing signs
of success, but the Commission was keen to develop a more systematic
and effective mechanism for building links with parliamentarians
on an all-party basis. This, he thought, would be a better way
forward than changing the criteria for appointment of Commissioners
to allow appointees with recent political experience.
Mr Younger added that opportunities for the Commission
to appear before Select Committees were valued, and that it would
welcome an opportunity for its Annual Reports to be looked at
in this context. Asked about contacts with representatives of
Northern Ireland political parties elected to Westminster, Mr
Younger confirmed that these took place within the Parliamentary
Parties Panel strictly in accordance with the statutory provisions;
the Commission dealt with all such parties in the context of their
representation in the Northern Ireland Assembly through the (non
statutory) Northern Ireland Parliamentary Panel.
Commissioners' Objectives
The Committee asked whether Commissioners had written
job descriptions, and objectives. Mr Younger told the Committee
that while Commissioners did not have written job descriptions
or specific personal objectives, particular responsibilities,
such as responsibility for the Commission's work in a constituent
part of the United Kingdom, were itemised within an overall context
of collective responsibility for the Commission's work. There
was also discussion with Commissioners of objectives in the context
of appraisals. In response to a question about the lack at present
of a Commissioner resident in Northern Ireland, in contrast to
the position regarding Scotland and Wales, Mr Younger noted that
the Commission nonetheless had a member who specifically oversaw
its work in Northern Ireland, and the importance of this role
would undoubtedly increase as and when the Electoral Commission
took over responsibility for reviewing parliamentary constituency
boundaries there. While there might well be advantage in this
respect in having a Commissioner who came from Northern Ireland,
it was necessary also to balance this factor with the overall
requirements of the Commission.
Mr Younger anticipated that the objectives of the
Commissioners would continue to evolve along with the structure
and responsibilities of the Commission, which faced growing expectations
(including expectations that the Commission had a role to play
on an international level).
Staffing
The Committee asked about the difference between
the actual staffing level of the Commission in 2003-04 and that
forecast in the 2003-04 Corporate Plan. Mr Younger said that the
projection had taken into account the maximum number of staff
required to carry out local government reviews and that in the
event fewer staff had been needed than originally anticipated.
Mr Younger confirmed that the Commission was not
expecting any real increase of staffing for 2005-06, although
he expected some strengthening of middle and senior management
within the existing complement. While the Commission would clearly
need to increase its staffing level if asked to take on new functions
(and suggestions were regularly made as to functions it might
take on), he felt that, with its present functions, the current
staffing complement of 135-150 was a sustainable level.
Mr Younger undertook to provide information to the
Committee on the ethnic makeup of the Commission's staff in its
Belfast office. He confirmed that the Electoral Commission had
an equality scheme in place across the UK.
Pay of Senior Staff
The Committee asked about the apparent substantial
increase in the pay of certain senior staff in 2003-04 revealed
in the Commission's published accounts. Mr Wardle said that the
figures given in the Report were the actual sums paid to the individuals
concerned in the course of the relevant years, and not their annual
rate of pay. Direct comparisons year on year could not reliably
be made because some of the figures included elements such as
back pay, and others were affected by the fact that the staff
member had joined in-year. None of the individuals concerned had
received an increase in their annual salaries materially different
from the 3½% overall average.
The 2005-06 Estimate
The Committee asked what level of increase in resources
over 2004-05 the Commission was planning to seek in respect of
its core functions in 2005-06, and for what non-recurrent items
the Commission was planning to seek resources in respect of 2005-06.
Mr Younger said that he did not anticipate any real terms increase
in the Commission's core funding. As regards non-recurrent items,
there might be a need to provide for expenditure on a referendum
on the European Constitution. This was dependent on a Government
decision; it might be better to seek a Supplementary Estimate
when the Government's intentions were clearer. Other than that,
the only other likely outlay beyond the Commission's baseline
spend would be on work related to changes in Parliamentary constituency
boundaries, particularly in Scotland, assuming this responsibility
was to be transferred to the Commission on a timescale that made
this necessary. As regards other possible areas Mr Younger told
the Committee that the Commission's intention was to avoid adding
to the Estimate until the requirement for extra resources became
clear.
Corporate Plan 2005-06 to 2009-10
The Committee asked about progress in improvements
in the Commission's planning processes, and how it would ensure
that meaningful comparisons could be made between figures in future
Plans and those in previous Plans. Mr Wardle told the Committee
that previous Plans had sought to include too much detail. He
agreed that there was a need to focus more on outcomes rather
than outputs, and to have more regard to the potential roles of
others. He had seen an early draft of the next Plan and in his
view this was both more focused and more balanced than previous
Plans. Having been established for four years, and grown rapidly
in that time, the Commission was now, in his view, entering a
consolidation phase in terms of policy development. This would
allow it to focus less on policy reviews, and more on other operational
priorities, such as registration and compliance, which are also
central purposes of the Commission. He anticipated that such a
change of approach would be welcomed by many stakeholders. He
agreed that it would be important to ensure comparability of information
with previous Plans.
The Commission's Responsibilities
The Committee asked about the wide-ranging responsibilities
of the Commission and in particular whether it was able to secure
a consistent approach across its areas of responsibility. Was
an all-embracing Commission necessarily the best way to handle
a range of disparate functions? Was it well enough known to the
public, and was it listened to?
Mr Wardle commented that the staff of the Commission
worked in focused groups, for instance, on operational matters,
such as political parties and candidates, and on policy matters.
Operational teams had good links with those on the receiving end
of policies, which helped to ensure that policy was made in much
less of a vacuum; there was good feedback on the day-to-day operation
of the rules.
Mr Younger acknowledged that cases had arisen in
which lower priorities had had to give way to higher priorities
(such as statutory requirements). The Commission also acknowledged
the need for more effective communication by minimising the occasions
when it appeared to be speaking with more than one voice. There
was also a case for removing overlap in the regulatory system,
such as applied to Members of Parliament; he had put to the Wicks
Committee the difficulty of regulating the conduct of individuals
and the conduct of political parties in parallel systems.
Mr Younger acknowledged that the complex remit of
the Commission might be difficult for members of the public to
understand. He told the Committee that the Commission's view was
that it was more important for members of the public to gain a
greater understanding of the electoral process than of the Commission
and its remit. The Commission had been attracting an increased
amount of media coverage owing to the attention given to electoral
issues in recent months, but proactive work with the media had
been carried out within available resources with the aim of enhancing
awareness of electoral issues, not promoting an Electoral Commission
'brand'.
In response to a specific question, Mr Younger undertook
to write to the Committee on a particular outreach project carried
out by the Commission with a group of young people in Holywood,
Co. Down.
The Government's Response to recent reports
from the Commission
The Committee asked if the Commission was satisfied
with the Government's response to its recent reports on postal
voting and on electoral law modernisation. Mr Younger replied
that the Government had accepted around 70% of what the Commission
had recommended in Voting for Change, and had agreed to look carefully
at the Commission's forthcoming proposals on a foundation model
for voting arrangements. While he acknowledged that there had
been well-publicised disagreements between the Commission and
the Government, he was concerned that the extent to which its
advice, much of it in politically non-controversial areas, had
been taken was not fully recognised. The extent to which the Government
had responded positively to the Commission's advice was in his
view evidence of the constructive working relationship between
the Government and the Commission.
The Speaker thanked the Electoral Commission representatives
for their attendance, and for their helpful responses to the Committee's
questions.
[Mr Younger, Mr Wardle and Mr Gough withdrew
from the meeting.]
3. Designation of a new Accounting Officer for
the Electoral Commission
In accordance with the provisions of paragraph 19(1)
of Schedule 1 to the Political Parties, Elections and Referendums
Act 2000, the Committee agreed to designate, with immediate effect,
Mr Peter Wardle as Accounting Officer of the Electoral Commission,
in place of Mr Roger Creedon.
4. Next Meeting of the Committee
The Committee agreed to meet on Tuesday 18th January
2005 at 4.30 p.m. in Speaker's House.
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