Local Elections (Northern Ireland) (Election Expenses) Order 2019

Baroness Harris of Richmond Excerpts

Tuesday 5th March 2019 Lords Chamber

[The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Duncan of Springbank) (Con)]

My Lords, this statutory instrument will make two minor but positive improvements to the local election rules in relation to the election expenses that can be incurred by a candidate at a local election in Northern Ireland. The provisions will bring the rules for local elections into line with those of other elections in the United Kingdom. I will now explain the details of each of these changes in turn.

The first change will exclude expenses that are reasonably incurred and reasonably attributable to a candidate’s disability from their electoral expenses spending limits, mirroring the recent changes made for UK parliamentary and Northern Ireland Assembly elections in the Representation of the People (Election Expenses Exclusion) (Amendment) Order 2019. Currently, disability-related expenses count towards a disabled candidate’s spending limit.

The matters excluded from the definition of election expenses are listed in Part 2 of Schedule 3B to the 1962 Act. Article 4 amends Schedule 3B so that any expenditure that is both reasonably incurred and reasonably attributable to the candidate’s disability is excluded from the definition of election expenses. This proposal will help to level the playing field between disabled and non-disabled candidates and enhance equality of opportunity for disabled candidates.

Examples of disability-related expenses may include the cost of providing transport support for mobility-impaired candidates, sign language interpretation for hearing-impaired candidates and the transcription of campaign material into Braille for visually impaired candidates. This list is not exclusive. Importantly, I can assure noble Lords that candidates will not be required to disclose any disabilities and there will be no legal obligation for them to report their disability-related expenses.

The second change deals with the personal election expenses of candidates. The aim here is to bring the policy for local elections in Northern Ireland into line with the rest of the United Kingdom. Unlike in other elections in Northern Ireland and Great Britain, the personal election expenses of candidates at local elections are currently included in the limit on the amount of election expenses that they can incur or that can be incurred on their behalf.

Following the restructuring of local government in Northern Ireland in 2014, which reduced the number of councils from 26 to 11, a number of electoral areas are now considerably larger in size. This proposal will remove potential barriers to campaigning for candidates standing in geographically larger electoral areas, as the costs of travel and accommodation will not count towards their spending limit. Although personal expenses will not be included in the limit on election expenses, candidates will still report them to the chief electoral officer as part of their personal expenses in their expenses return.

These provisions bring local elections into line with other elections in Northern Ireland in respect of the personal expenses changes. The chief electoral officer and the Electoral Commission confirm that they fully support the changes within the instrument.

In order that candidates at the forthcoming local elections can benefit from these improvements to the rules, we have chosen to move as quickly as we can to try to achieve this, rather than delay the order until after the local elections. If the order is approved, it will come into force on the day after it is made. The Electoral Commission will publicise the changes to the rules and update its guidance to candidates in advance of the regulatory spending period for the 2 May local elections.

I hope that your Lordships will support this order. I commend it to the House and beg to move.

[Baroness Harris of Richmond (LD)]

My Lords, these Benches welcome the order. We support Articles 2 and 3, which will bring local election rules into line with those for other elections in Northern Ireland, as we heard from the Minister.

We especially welcome and support Article 4, to exempt disability-related expenses from the definition of “election expenses”. This is an important move to help to close the gap between disabled and non-disabled candidates. The Liberal Democrats have always championed diversity and we are keen to ensure that those elected at all levels reflect the wider population they represent.

One of our successes in coalition was the introduction of the Access to Elected Office Fund for disabled candidates to help with the extra costs of standing for office. We have been disappointed, therefore, to see the reluctance of the Conservative Government since 2015 to continue funding this.

Overall, the provisions of the order are important in furthering equality and transparency. However, as the Minister will be aware, although progress has been made to secure full transparency of political donations in Northern Ireland, there is still a significant gap. We welcomed the Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018 when it was brought before Parliament last year, which allowed the Electoral Commission to publish information about loans and donations given to Northern Ireland political parties dating back to July 2017—I remember speaking in that debate—but we were deeply disappointed that the order did not provide for the backdating of information to 2014, as the Northern Ireland (Miscellaneous Provisions) Act 2014 allowed.

At the time the order was made, the Electoral Commission recommended that another order be brought forward to allow for full transparency dating back to January 2014, as the 2014 Act had anticipated. The Electoral Commission is already in possession the relevant data to allow this. Responding to the debate on that order, the Minister, said:

“Right now, we are not ruling out the re-examination of the period that precedes 1 July 2017. Indeed, the draft order will allow consideration of it, once we have had an opportunity both to bed in the transparency order and to examine the details reflected therein. We will not rule anything in or out on that point ... I recognise that the issue of backdating will remain sensitive. If, on consideration of the data as it is gathered, ascertained and seen, there are deemed to be issues that need to be examined further, the Government will consider them at that point. We are ruling nothing in and nothing out”.—[Official Report, 27/2/18; cols. 623-625.]


Have the Government had the opportunity to give further consideration to this important matter? If so, what are their conclusions? I end by restating our firm support for the provisions in the order before the House today, and I look forward to the Minister’s response.