Oral Answers to Questions

Christian Matheson Excerpts

Thursday 8th September 2022 Commons Chamber

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

11. If the Committee will make an assessment of the potential effect of the Elections Act 2022 on the impartiality of the Electoral Commission.

[Christian Matheson (City of Chester)]

The Speaker’s Committee has no plans to make an assessment of the potential effect of the Elections Act on the impartiality of the Electoral Commission. The commission itself has raised concerns about the potential challenge to its impartiality from the introduction of a strategy and policy statement by which the Government can guide its work. Its view is that that is inconsistent with the role that an independent electoral commission plays in a democratic system. The commission is currently considering the consultation on the draft statement and will publish its response in due course.

[Allan Dorans]

The last Prime Minister and the Government attacked the impartiality of the Electoral Commission after the Downing Street flat refurbishment was found in breach of donation declaration rules and a fine was subsequently imposed. That was followed by leading Tory Members calling for the abolition of the Electoral Commission or, sinisterly, for its direction to be controlled via the Elections Act strategy and policy statement. Does the representative of the Speaker’s Committee agree that the new Prime Minister should commit to protecting the independence of the Electoral Commission and should remove the specific aspects of Government overreach in the Elections Act?

[Christian Matheson]

As I said in my previous answer, the Speaker’s Committee has made no assessment on this particular matter. Any changes to the Elections Act will be a matter for the House, and I am sure that the hon. Gentleman will pursue those avenues in other areas of its business.

[Owen Thompson]

The road down which the UK has been travelling is increasingly concerning. It involves removing our human rights, threatening the removal of the European Court of Human Rights, and then gutting the impartiality and powers of the Electoral Commission in the Elections Act 2022 by Government diktat and the rejection of all Opposition amendments. This follows on from suggestions that no new independent ethics adviser will be appointed under the new Prime Minister, which would further diminish independent investigation. Given those facts, does the representative of the Speaker’s Committee agree with all but one of the board members that the Elections Act seriously undermines the independence of the Electoral Commission?

[Christian Matheson]

Let me repeat the statement that the Electoral Commission itself has issued: it believes that the introduction of a strategy and policy statement would be inconsistent with the role of an independent Electoral Commission. We are currently engaged in consultation on the Government’s draft strategy and policy statement. The Commission will continue to act in an independent and impartial way in order to help maintain public confidence in elections throughout the UK.

[Martyn Day]

The Electoral Commission manages elections and plays a vital role in maintaining fairness, trust and public confidence in our democratic processes, and its independence of any party or Government is therefore essential. Does the hon. Member agree that one way of helping to defend that independence would be to ensure that in future the Speaker’s Committee never has a Government majority, and would he be willing to raise that with the Speaker of the House of Commons?

[Christian Matheson]

The hon. Gentleman himself has raised it with you, Mr Speaker, and I believe that the composition of the Committee is a matter for you. Its composition changed recently because of the reallocation of responsibilities from one Government Department to another, and therefore the chairmanship of the relevant Select Committee—the previous Chair was ex officio—has changed: the hon. Member for Hazel Grove (Mr Wragg) has been replaced by my hon. Friend the Member for Sheffield South East (Mr Betts). I believe that you, Mr Speaker, will be reviewing the position regularly.

The hon. Member for South West Bedfordshire, representing the Church Commissioners was asked—

--- Later in debate ---

[Marion Fellows (Motherwell and Wishaw) (SNP)]

5. What recent assessment the Committee has made of the potential effect of the Elections Act 2022 on the (a) regulation of political party donations and finances, (b) regulation of campaign expenditure and (c) overall integrity of the electoral process.

[Christian Matheson (City of Chester)]

The Speaker’s Committee has not made an assessment of the potential effect of the Elections Act on the matters the hon. Member refers to in her question. The Commission’s view is that the Elections Act makes limited changes to the regulation of political party donations and finances and campaign spending. The requirement for new political parties to set out assets or debts when registering will give voters some greater transparency. Changes relating to third-party campaigners will bring limited additional transparency while increasing the complexity of the law. The digital imprint requirement will increase the transparency of campaign spending. The changes to the administration and conduct of elections will enhance the integrity of the electoral process. The Commission’s view is that the voter ID requirement addresses a vulnerability of polling station voting in Great Britain to fraud, but it has emphasised that voting must remain accessible for those who do not already have appropriate ID.

[Marion Fellows]

According to openDemocracy, between 2010 and 2019 the Tory party received £3.5 million from Russian-linked donors, yet instead of countering undue influence from oligarchs or shady think-tanks, the Elections Act weakens rules on donations from overseas, making it easier to pay for influence. The new report by the Institute for Constitutional and Democratic Research has set out a simple remedy: cap all political donations to a level appropriate to the poorest. Will the representative of the Speaker’s Committee confirm whether a donation cap has been considered?

[Christian Matheson]

The cap has not been considered in the Speaker’s Committee or discussed by the Speaker’s Committee and the Electoral Commission. The Commission says that it is committed to ensuring that political funding is transparent and to preventing unlawful foreign money from entering UK politics. It continues to recommend changes to the law to ensure that voters can have greater confidence in political finance in the UK. This includes recommendations for new duties on parties for enhanced due diligence and risk assessment of donations and changes to the law to ensure that companies have made enough money in the UK to fund any donations.

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

8. Whether the Committee has made an assessment of the implications for its work of the transfer of elections policy from the Cabinet Office to the Department for Levelling up, Housing and Communities.

[Christian Matheson]

The Speaker’s Committee has not made any such assessment. However, the change in ministerial responsibility has had an impact on the Committee in a number of ways. As I mentioned in a previous answer, the hon. Member for Hazel Grove (Mr Wragg) has been replaced as an ex officio member of the Committee by the hon. Member for Sheffield South East (Mr Betts). The Commission reports that it will continue to work closely with the team of civil servants, which has moved Departments. It has also had several meetings with responsible Ministers at the Department for Levelling Up, Housing and Communities, in particular to discuss the implementation of the Elections Act.

[Patricia Gibson]

The governance of elections is of course a very important matter, and it was rather bizarrely removed from the portfolio of the Cabinet Office by the previous Prime Minister and entrusted to the Secretary of State for Levelling Up, Housing and Communities. Can the representative of the Speaker’s Committee provide any clarity on whether that will continue, and what consideration has he given to the merits of transferring the responsibility back to the Cabinet Office?

[Christian Matheson]

I thank the hon. Lady for that question, but the Committee will simply respond to however the Government organise themselves. It is a matter for the Government and the Prime Minister to allocate different responsibilities among different parties, and the Speaker’s Committee will respond accordingly.

The hon. Member for South West Bedfordshire, representing the Church Commissioners was asked—