POLITICAL PARTIES, ELECTIONS AND REFERENDUMS ACT 2000
THE SPEAKER’S COMMITTEE ON THE ELECTORAL COMMISSION
FIRST REPORT 2017
Appointment of an Electoral Commissioner
HC 1031
POLITICAL PARTIES, ELECTIONS AND REFERENDUMS ACT 2000
THE SPEAKER’S COMMITTEE ON THE ELECTORAL COMMISSION
FIRST REPORT 2017
Appointment of an Electoral Commissioner
Presented to the House of Commons in pursuance of paragraph 1(1) of Schedule 2 of the Political Parties, Elections and Referendums Act 2000
Ordered by the House of Commons to be printed 27 February 2017
HC 1031 Published on 27 February 2017 by authority of the House of Commons The Speaker’s Committee The Speaker’s Committee is appointed in accordance with the provisions of section 2 of the Political Parties, Elections and Referendums Act 2000 to perform the functions conferred on it by that Act.
Memership Rt Hon John Bercow MP, Speaker of the House of Commons (Chair) Rt Hon Ben Gummer MP, Minister for the Cabinet Office and Paymaster General Mr Bernard Jenkin MP, Chair of the Public Administration and Constitutional Affairs Committee Mr Marcus Jones MP, Parliamentary Under-Secretary of State (Minister for Local Government) Rt Hon Sir Gerald Kaufman MP Jessica Morden MP Bridget Philipson MP Mr Gary Streeter MP Pete Wishart MP
Previous Reports First Report 2015 was published in May 2015 as HC 6 of Session 2015–16 Second Report 2015 was published in July 2015 as HC 290 of Session 2015–16 Third Report 2015 was published in November 2015 as HC 560 of Session 2015–16 Fourth Report 2015 was published in November 2015 as HC 580 of Session 2015–16 First Report 2016 was published in May 2016 as HC 969 of Session 2015–16 Second Report 2016 was published May 2016 as HC 21 of Session 2016–17 Third Report 2016 was published July 2016 as HC 500 of Session 2016–17 Fourth Report 2016 was published October 2016 as HC 499 of Session 2016–17
Contacts The Secretaries of the Speaker’s Committee are Lynn Gardner and Ben Williams.
Correspondence should be addressed to:
The Secretary of the Speaker’s Committee Journal Office House of Commons London SW1A 0AA
Email: [email protected] Telephone inquiries: 020 7219 3351 Fax: 020 7219 2269 Appointment of an Electoral Commissioner 1
Contents
1 Introduction 3 The Process 3 The Candidate 4 Statutory Consultation 4
Appendix A: Role and person specification 6
Appendix B: CV Professor Elan Closs Stephens 8
Appendix C: Responses to statutory consultation with the party leaders 11
Appointment of an Electoral Commissioner 3
1 Introduction 1. The Electoral Commission was established by Parliament as a body independent of Government. The Chair of the Electoral Commission and the other Electoral Commissioners are appointed by Her Majesty the Queen, following an Address from the House of Commons. The Speaker’s Committee on the Electoral Commission is required to oversee the procedure for selecting candidates for appointment to the Electoral Commission by section 3 of the Political Parties, Elections and Referendums Act 2000, as amended by the Political Parties and Elections Act 2009. Candidates’ names are put before the House with the agreement of the Speaker.
2. This report provides information about the procedure followed by the Speaker’s Committee during the selection of a candidate to replace Gareth Halliwell as the Electoral Commissioner with special responsibility for Wales. Mr Halliwell’s term of office comes to an end on 12 March 2017. We are grateful to Mr Halliwell for the contribution he has made to the Electoral Commission since his appointment in March 2013.
The Process
3. Although this is not a Ministerial appointment, the Speaker’s Committee had regard to the Commissioner for Public Appointments’ Code of Practice for Ministerial Appointments to Public Bodies that was in effect when this recruitment commenced. In order to assist with identifying possible candidates for the post the Committee appointed the following independent Panel:
• Mark Addison, Chair, Public Appointment Assessor
• Suzy Davies AM, nominated by the Presiding Officer of the Wales Assembly
• Sir John Holmes, Chair of the Electoral Commission
• Jessica Morden MP, Member of the Speaker’s Committee
On this occasion the Speaker’s Committee agreed that a nominee of the Welsh Assembly should take part in the recruitment exercise, to reflect the fact that, following the passage of the Wales Act 2017, the Electoral Commission is now increasingly accountable to the Welsh Assembly for its work in Wales.
4. The budget for the recruitment was set and managed by the Electoral Commission. Following a competitive tender, the Electoral Commission appointed the recruitment consultants Veredus to assist with the recruitment exercise and to ensure that the panel was presented with a strong and diverse field from which to make the appointment.
5. The Panel met, with the recruitment consultants, on 11 October 2016. At this meeting it considered and noted the role description and person specification which had agreed between the Speaker’s Committee and the Commission (reproduced at Appendix A), discussed the recruitment process, and agreed on the other documents to be provided to applicants in a recruitment pack. All candidates were required to submit a written application. The post was publicly advertised and the panel approved the text of an advertisement. 4 Appointment of an Electoral Commissioner
6. The panel was advised by Veredus that web-based advertisement, in conjunction with the active search by the consultants, represented the best options to source a strong field. The panel agreed that the advertisement should appear in the following media:
• Sunday Times jobs online,
• Fish4jobs.co.uk and jobsinwales (associated job boards of the Western Mail), and
• Golwg (Welsh language current affairs magazine).
7. The panel met on 25 November 2016 to consider the report form the recruitment consultants. At this meeting the panel expressed concern about the lack of gender diversity amongst the candidate pool. As a result, the panel agreed to extend the application period by a week for all candidates and that the search consultants would use this time, in particular, to encourage applications from female candidates who had expressed an interest in the role but had not been able to apply due to time pressures. One additional female candidate came forward as a result of this extension. The panel decided on a longlist of nine candidates for interview by the recruitment consultants.
8. The Panel met again on 14 December 2016 to consider the outcome of the preliminary interviews with the recruitment consultants and to agree which of the applicants should be shortlisted for final interview. The Panel agreed to shortlist four candidates.
9. The interviews took place, in Cardiff, on 13 January 2017. All candidates were questioned on the same areas relevant to the role. They were assessed on how they met the essential criteria for the role.
10. The Committee is entirely satisfied that the selection process was rigorous and that the panel discharged its duties conscientiously and with all due regard to the requirements of thoroughness, fairness and propriety. The Committee is grateful to Mark Addison and his fellow panel members.
The Candidate
11. The unanimous view of the panel was that Professor Elan Closs Stephens should be appointed as an Electoral Commissioner with special responsibility for Wales. Professor Stephens is currently a member of the BBC Trust, serving as the National Trustee for Wales, and Chair of the BBC’s Audience Council, Wales. She is also currently the Senior Independent Director of the Strategic Delivery and Performance Board (Civil Service Board) of the Welsh Government. Her career in academia culminated with appointment as the Professor of Communications and Creative Industries at Aberystwyth University where she is still an Emeritus Professor. A summary CV can be found at Appendix B. The panel’s recommendation was endorsed by the Committee on 25 January.
Statutory Consultation
12. Section 3(2)(b) of the Political Parties, Elections and Referendums Act 2000, as amended, requires that the proposal to appoint (or re-appoint) a member of the Electoral Commission be the subject of consultation with the registered leader of each registered party to which two or more Members of the House of Commons then belong. The Speaker Appointment of an Electoral Commissioner 5
accordingly wrote to the leaders of the qualifying parties on 25 January. Those leaders who responded were content with the proposed appointment. The responses received can be found at Appendix C.
13. Appointments to the Electoral Commission are made by Her Majesty on an Address from the House of Commons. The Committee invites the House to approve the appointment of Professor Elan Closs Stephens as an Electoral Commissioner for the period from 13 March 2017 to 12 March 2021. 6 Appointment of an Electoral Commissioner
Appendix A: Role and person specification
Job Description
Principal responsibilities:
• Setting the overall strategic direction of the Commission and ensuring delivery of its strategic goals within the statutory framework and with the resources determined by Parliament to ensure public confidence in democracy.
• Setting the Commission’s regulatory priorities and monitoring its regulatory activity in the areas of both party and election finance and electoral administration. This includes oversight of the publication of statutory election reports.
• From time to time, taking regulatory or other statutory decisions on key issues within the Commission’s remit. This may include deciding the appropriate response to significant breaches of the regulatory framework for political parties and candidates, as well as decisions relating to the conduct of referendums.
• Ensuring efficient and effective use of public funds and that the Commission operates within the limits of its statutory authority to high standards of governance.
• Serving as a member on the Audit or Remuneration and Human Resources Committees if required and participating in informal reference groups from time to time.
• Performing any other roles or functions which the Commission asks them to discharge personally.
• You will be an important ambassador for the Commission in Wales, building relationships with senior political and local government stakeholders, appearing before Committees of both the UK Parliament and the National Assembly, and from time to time as required representing the views of the Commission to the media. You will work closely with the Head of the Wales Office to develop our strategy, acting as a sounding board for the team. You will also be the Chair of the Electoral Commission’s Wales Advisory Group (which was established after the May 2016 elections), and the Wales Assembly Parties Panel.
Person Specification
All candidates are expected to meet the criteria listed below.
• They must also not be disqualified by law from being appointed as Electoral Commissioner, Wales because they have in the last five years been an elected politician (other than a parish or community councillor), an officer or employee of a political party, or a reported donor or lender to a political party. In addition, the Electoral Commissioner, Wales once appointed may not be a member of a Appointment of an Electoral Commissioner 7
registered political party. The relevant legislation can be found in section 3(4) of the Political Parties, Elections and Referendums Act 2000 and section 74 and Schedule 1 of the Electoral Administration Act 2006.
• With a personal profile at national level, the successful candidate should be able to demonstrate substantial knowledge, skills and experience and significant achievement to meet the following essential and desirable criteria:
Essential Criteria
• Proven experience contributing to the leadership and strategic direction of a complex organisation operating in a political environment, including experience in a non-executive role, reviewing financial and other resource plans, and the ability to scrutinise and challenge from a non-executive perspective.
• Evidence of excellent interpersonal and communication skills and first-hand experience representing an organisation with a high profile in Wales to the media or to political stakeholders, and the ability to build and/or maintain strong networks across Wales on behalf of the Electoral Commission.
• Demonstrable and highly-developed understanding of the regulatory and political landscape—from either a regulator or regulated perspective—based on excellent analytical ability and a capacity to think clearly about regulatory decisions from a principles-based perspective.
• Track record operating in an environment subject to significant scrutiny from a range of quarters, including from the regulated community, from politicians, and from the media.
• Demonstrable understanding of the relevance of equality and diversity to the work of the Electoral Commission.
• Clear evidence of complete integrity and commitment to transparency in decision making, and of independence and objectivity. This includes the need for the Commission to be perceived as completely unbiased when fulfilling its responsibilities. Candidates should pay particular attention to the information on political activity contained in Appendix B.
Desirable Criteria
• The ability to speak Welsh, or a willingness to learn. 8 Appointment of an Electoral Commissioner
Appendix B: CV Professor Elan Closs Stephens BBC National Trustee for Wales.
Emeritus Professor at Aberystwyth University.
Non Executive Director and Chair of Audit and Risk, Welsh Government Board.
Current Public Appointments
2010–April 2017 BBC National Trustee for Wales and Chair of the BBC’s Audience Council Wales. (Reappointed 2014). The Trust ends on April 2nd 2017.
The BBC Trust is the sovereign body of the BBC responsible for the quality of services and the proper expenditure of licence fee income.
Lead Trustee on Service Review R4, R4Extra, R5Live, 5Live Sports Extra.
Lead Trustee on Nations Radio Services in Wales.
Member of Services Committee monitoring services and fair trading issues.
Member Editorial Services Committee: adjudicated on complaints, commissioned impartiality and monitoring reviews.
Currently, at the request of the new Chair, member of the Appointment Panel of the new BBC Unitary Board that replaces the Trust.
2012–2017 Member of the S4C Authority on behalf of the BBC Trust.
Member of S4C Audit and Risk Committee and Personnel Committee.
2009–July 2017 Non Executive Director of the Strategic Delivery and Performance Board (Civil Service Board) of Welsh Government chaired by the Permanent Secretary.
2009–2013 (Re-appointed 2013); Extended 2015–2017.
2010–2017 (Re-appointed) Chair of the Board’s Audit and Risk Committee.
The Board ARC is the lead Committee on all areas of Governance within Welsh Government including Health, Transport, Education and Business. I also work closely with the Wales Audit Office.
2007 Non-Executive Director of the Imax, Waterloo, (on behalf of the bfi).
2014 Member of the BFI Steering Committee on Unlocking Film Heritage (HLF Award). Appointment of an Electoral Commissioner 9
Academic Career
2001–2010 Professor of Communications and Creative Industries, Aberystwyth University.
Member of the Departmental Policy and Resources Board (55 staff, approx. 900 students).
2007–2011 Director of Enterprise and Knowledge Transfer, Aberystwyth University, creating external partnerships and externally funded UK and international research.
1975–2011 Aberystwyth University: Lecturer/Senior Lecturer/Head of Department, (The Department became the second lead University in the UK for research strength and student numbers.)
Senate Member/Dean of Welsh Medium Studies
Member of the University of Wales Board of Welsh Medium Studies
External Examiner for other Institutions appointed by the University of Wales.
Director of the MA Programme in Theatre Film and Television
1995–98 Director of the Thomson Foundation Research Unit on Compliance run from Aberystwyth University directing a team of researchers monitoring the compliance of S4C with the ITC Broadcasting Compliance Guidelines. Outsourced from S4C and reporting to the Authority on diligence on undue prominence, commercial advantage, privacy, impartiality and adherence to guidelines on coverage of elections.
Board Experience as Chair
2010 National Trustee for Wales and Chair of the BBC Audience Council for Wales.
2009 Chair of Audit and Risk and NED of the Welsh Government Board.
1998–2006 Chair of the Welsh Fourth Channel Authority (Re-appointed by the DCMS Secretary of State in 2002). £100m budget.
2001–2007 Governor of the British Film Institute. Chair of Audit and Governance during the refurbishment of the Southbank.
2001–2006 Chair of Chwarae Teg, awarded grants for the economic development of women.
2004–2011 Trustee of the British Council (2006–08) and Chair Wales Advisory Committee.
2009–2011 Chair of the Recovery Board of Isle of Anglesey County Council. 10 Appointment of an Electoral Commissioner
2006 Chair of the Report on the Funding the Arts for the Welsh Assembly Government: A Dual Key Approach to the Strategic Development of the Arts in Wales (Stephens Report).
Board Experience
2001–2004 Member of Wales Advisory Committee of the Commission for Racial Equality.
2001–2006 Governor of the University of Glamorgan
1996–2006 Council Member of the National Library of Wales.
1993–1998 Member and Vice Chair Welsh Language Board. Set up by Legislation in 1993.
1998–1993 Secretary of State Advisory Welsh Language Board prior to Legislation.
1990–95 Member of the Welsh Fourth Channel Authority
1984–89 Member of the BBC Broadcasting Council for Wales
1980–84 Member of the Board of Welsh National Theatre (Cwmni Theatr Cymru)
Community relationships: Governor Ysgol Penweddig Secondary School, Ysgol Gymraeg Aberystwyth Primary School; West Wales Arts Association; Aberystwyth Arts Centre Advisory Board. Currently Member of Strata Florida Trust.
Education
1969 B.A. English Language and Literature, Oxford University.
Open Scholar, Somerville College, Oxford.
Educated at Ysgol Dyffryn Nantlle Comprehensive, Penygroes, Caernarfon, Gwynedd.
Honours and Fellowships
2001 CBE in the Queen’s Birthday Honours for services to broadcasting and the Welsh language.
Fellow of the Royal Society of Arts.
Fellow of the Institute of Welsh Affairs.
Honorary Fellow, Trinity St David’s University of Wales.
Honorary Fellow, Coleg Cymraeg Cenedlaethol
Honorary Doctorate, University of South Wales
Honorary Doctorate, University of Wales Appointment of an Electoral Commissioner 11
2012–2013 High Sheriff of Dyfed. Member of Rescue Fund for Flood Relief in Ceredigion.
Recipient of Cyfrwng Lifetime Achievment Award for fostering the joint working of Academia and the Creative Industries in Wales. 12 Appointment of an Electoral Commissioner
Appendix C: Responses to statutory consultation with the party leaders a) Head of Appointments, on behalf of Rt Hon Theresa May MP, Leader of the Conservative Party, 15 February 2017
The Prime Minister has asked me to write to you on her behalf to inform you that, further to your letter on 25 January, she is content with the appointment of Professor Elan Closs Stephens as Electoral Commissioner with special responsibility for Wales. b) Mike Nesbitt, Leader of the Ulster Unionist Party, 16 February 2017
Thank you for your letter of 25 January, consulting me on the proposed appointment of Professor Elan Closs Stephens.
The Ulster Unionist Party has no objection and is content she be appointed.