Draft Police and Crime Commissioner Elections (Amendment) Order 2020

Lord Spellar Excerpts

Monday 24th February 2020 General Committees

[The Minister of State, Cabinet Office (Chloe Smith)]

I beg to move,

That the Committee has considered the draft Police and Crime Commissioner Elections (Amendment) Order 2020.

It is a pleasure to serve under your chairmanship, Sir Gary. With your permission, I will make a few introductory points about what the statutory instrument does.

The draft order seeks to make important improvements to the electoral framework and processes that underpin police and crime commissioner elections. It will introduce two changes. First, it will ensure that expenses that are reasonably attributable to any candidate’s disability, and reasonably incurred, are excluded from the candidate’s electoral spending limits for PCC elections in England and Wales. That will have a positive impact on individuals seeking elected office who have a disability.

The order will mean that candidates may incur disability-related expenses without it affecting their spending limits. Examples would include British Sign Language interpretation for hearing-impaired candidates, the transcription of campaign material into Braille for visually impaired candidates or other specialist equipment, to give a non-exhaustive list of examples.

The order will ensure that standing for PCC elections is made fairer for disabled candidates. It is an important step in making our democracy more accessible and representative of the British public. About one in five of the UK population has a disability but, as we are all too well aware, disabled people remain under-represented in our elected offices.

The draft SI follows the coming into force of the Representation of the People (Election Expenses Exclusion) (Amendment) Order 2019 in February last year. That exempted disability-related expenses from the spending limits of candidates at UK-wide elections, including UK parliamentary general elections—a number of us were present for the debate on that measure and found it helpful. Today’s instrument will complete the set, of which I am very proud.

Secondly, the draft order will introduce changes to election forms to reflect where an order has been made to give PCCs the power to undertake fire and rescue authority functions. That is relevant currently to Essex, Staffordshire, North Yorkshire and Northamptonshire. That part of the order is in relation to changes made to the Fire and Rescue Services Act 2004 by the Policing and Crime Act 2017, which allow PCCs to take on the responsibility for fire and rescue governance where that is in the public interest and in the interests of economy, efficiency and effectiveness. The measure will ensure that the relevant election forms, including poll cards and ballot papers, are clear as to what functions the person being elected will have. That will help voters to be fully aware of the role of the office for which they are voting.

[John Spellar (Warley) (Lab)]

What possible evidence is there that voters have any knowledge of, or interest in, the role of police and crime commissioners? When there are stand-alone elections, the turnout is appalling. Should the Department not look at whether the elections serve any purpose—and, indeed, at considerable expense?

[Chloe Smith]

No, today the Department should not be looking at that; today, the Department should be—and the Committee is—looking at whether we can make it clear that the forms reflect the functions to which the candidates aspire. I support ensuring that voters are well informed, as I am sure do most members of the Committee.

We consulted the Electoral Commission on the draft order and, as one might expect, we worked on it across Government between the Cabinet Office, the Government Equalities Office in respect of disabilities, and the Home Office in respect of police and crime commissioner policy. All those consulted were supportive of the proposals. We also kept the parliamentary parties panel informed of the changes. It meets quarterly to discuss electoral issues and consists of representatives of each of the parliamentary political parties that have two or more sitting MPs.

It is important that the draft order is in place as soon as possible, so that it may apply in the build-up to the PCC elections on 7 May. The instrument will therefore come into force on the day after the day on which it is made.

--- Later in debate ---

[John Spellar]

Although election day may be 10 weeks away, a considerable number of people in many parts of the country—particularly where there are high levels of postal votes—will receive their postal votes some three or four weeks earlier.

[Cat Smith]

My right hon. Friend is absolutely correct; I cannot argue with his logic at all. These elections are far sooner than many of us might think.

Legislation should be clear at least six months in advance, so this is clearly very late in the day to make changes. What conversations has the Minister had with the Electoral Commission regarding support for disabled candidates who claim the financial exemption provided for by the draft order?

While Labour Members are happy to support the draft order, we believe that there are many more barriers to remove before disabled people can participate equally in politics. I suspect the Minister knows what I am about to say—we have had this discussion before—but it is imperative to recognise the huge financial barriers that penalise disabled candidates. The support provided by the Government to mitigate that is completely insufficient, and we know why.

The Conservative Government’s decision to cancel the access to elected office fund was completely unjustified and severely damaging. The Government’s own evaluation highlighted the fund’s positive impact on disabled candidates, enabling many to stand for election, and noted that the Geneva-based Zero Project selected the fund as one of the top global innovative policies to support and encourage political participation by people with a disability. Despite that, the Government repeatedly refused to listen to disability campaigners who rightly called for the fund’s reinstatement, which the Labour party fully supports, as does the Equality and Human Rights Commission. The EHRC said:

“The UK Government should reopen the Access to Elected Office Fund in England, and work with the Scottish and Welsh Governments to explore options for making the scheme, or similar funds, available across Great Britain.”

Does the Minister agree that the access to elected office fund was a success, and that its abolition has weakened the support available to disabled candidates? Will she do the right thing and work with disability campaigners and the Scottish and Welsh Governments to reopen the fund? The current approach simply is not working. The funds recently provided by the Government to support disabled candidates have been inadequate. The EnAble fund for elected office, launched in 2018, was intended to support disabled people seeking election in the May 2019 local elections and the May 2020 police and crime commissioner elections, yet the fund ends in just over a month, on 31 March. It is not a long-term solution to the substantial under-representation of disabled people in public life, and there is considerable confusion among disability campaigners as to what Government support, if any, will be available after it ends.

Whatever happens, the Labour party will do all we can to support disabled candidates. However, in the absence of long-term Government support, many smaller and financially precarious parties will struggle to provide the necessary financial assistance, and the case against disabled people standing as independent candidates speaks for itself. The Government have in effect insisted that it is the responsibility of political parties to meet the disability-related costs of their candidates, and as a consequence many general election candidates were forced to pay those extra costs themselves.

When it comes to encouraging the participation of disabled people in politics, the Government cannot continue to offload the responsibility on to political parties alone. That will not lead to the progress that we so desperately need. I commend the Government for the draft order, which we support, but I implore them to restore the access to elected office fund and to provide proper support for disabled candidates, now and in the long term.