Elections Bill (Tenth sitting)

Debate between Jerome Mayhew and Alec Shelbrooke

Committee stage
Thursday 21st October 2021 Public Bill Committees

[Jerome Mayhew]

It is an absolute pleasure to follow my hon. Friend the Member for Newcastle-under-Lyme. I associate myself with all his comments. However, this is, with respect, actually a wider issue than just dealing with the Electoral Commission and the evidence that we have heard about the referendum and Vote Leave.

At the beginning of this process, the Committee heard first-hand oral evidence on the negative impacts of an organisation that provides guidance, sets the rules, and then seeks to prosecute. It is part of a wider problem that we have experienced in just the last couple of years. We only have to look at the Post Office, which is another private prosecuting authority, and its conduct in the Horizon case—the greatest miscarriage of justice that this country has ever experienced—including a sub-postmistress constituent of mine receiving a suspended prison sentence as a result of that miscarriage of justice.

It simply goes to show the issues with these conflicts of interest between investigating and then being a prosecuting authority—or “marking your own homework”, as my colleague just mentioned.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

Does my hon. Friend recall that one of heads of the Electoral Commission was found to be highly political in their online posts?

[Jerome Mayhew]

I was aware of that. I am grateful for that intervention. It highlights the dangers that we tread when we have the Electoral Commission entering into a more politicised role. Furthermore, it is not just the Post Office; I also have a real concern about the Care Quality Commission, which is another private prosecuting authority. It was, to its own surprise—I suspect—given prosecuting powers under health and social care legislation in 2015. Under that legislation, it can prosecute for negligent care that causes harm in a health environment. However, since then, its record has been very poor in the number of prosecutions taken forward. A terrible scandal took place in my constituency over the last two years at the Cawston Park hospital, which was an assessment and treatment unit where, through neglect and at least one case of direct physical abuse, which was caught on CCTV, three patients died over a 27-month period. While I have to be careful what I say, it is certainly the case that currently no prosecution has followed that terrible series of events.