POLITICAL PARTIES, ELECTIONS AND REFERENDUMS ACT 2000
THE SPEAKER’S COMMITTEE
THIRD REPORT 2014
Re-appointment of Electoral Commissioners
HC 446 POLITICAL PARTIES, ELECTIONS AND REFERENDUMS ACT 2000
THE SPEAKER’S COMMITTEE
THIRD REPORT 2014
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 26 June 2014
HC 446 Published on 1 July 2014 by authority of the House of Commons London: The Stationery Office Limited £4.00 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.
Current membership Rt Hon John Bercow MP, Speaker of the House of Commons (Chair) Rt Hon Nick Clegg MP, Lord President of the Council Mr Graham Allen MP, Chair of the Political and Constitutional Reform Committee Brandon Lewis MP, as Parliamentary Under-Secretary of State at the Department for Communities and Local Government Rt Hon Sir Gerald Kaufman MP Tracey Crouch MP Naomi Long MP Bridget Phillipson MP Mr Gary Streeter MP
Previous Reports First Report 2010 was published in July 2010 as HC 320 of Session 2010–11 Second Report 2010 was published in January 2011 as HC 724 of Session 2010–11 First Report 2011 was published in March 2011 as HC 916 of Session 2010–11 Second Report 2011 was published in September 2011 as HC 1478 of Session 2010–12 Third Report 2011 was published in October 2011 as HC 1509 of Session 2010–12 Fourth Report 2011 was published in December 2011 as HC 1728 of Session 2010–12 First Report 2012 was published in March 2012 as HC 1897 of Session 2010–12 Second Report 2012 was published in March 2012 as HC 1898 of Session 2010–12 Third Report 2012 was published in June 2012 as HC 201 of Session 2012–13 First Report 2013 was published in January 2013 as HC 937 of Session 2012–13 Second Report 2013 was published in March 2013 as HC 1068 of Session 2012–13 Third Report 2013 was published in March 2013 as HC 1069 of Session 2012–13 Fourth Report 2013 was published in June 2013 as HC 343 of Session 2013–14 First Report 2014 was published in March 2014 as HC 1172 of Session 2013-14 Second Report 2014 was published in May 2014 as HC 1173 of Session 2013-14
Contacts The Secretary of the Speaker’s Committee is Eve Samson. 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
Speaker’s Committee Third Report 2014 1
Contents
Report Page Introduction 2 John Horam 2 David Howarth 2 Statutory consultation 3
Appendix: Responses to statutory consultation with the party leaders 4
2 Speaker’s Committee Third Report 2014
Speaker’s Committee Third Report 2014
Introduction
1. The Political Parties, Elections and Referendums Act 2000 (PPERA), as amended by the Political Parties and Elections Act 2009, provides for the Electoral Commission to have nine or ten Commissioners.1 The Commission comprises:
• up to six ‘ordinary’ Commissioners who are subject to restrictions on political activity and who are recruited by competition, under a procedure put in place and overseen by the Speaker’s Committee; and
• four ‘nominated’ commissioners, who are persons put forward by the registered leader of a qualifying party for consideration for appointment. 2
2. John Horam (later created Baron Horam of Grimsargh in the County of Lancashire) was appointed as the Electoral Commissioner nominated by the Leader of the Conservative Party, on 1 March 2012 for the period ending on 30 September 2014.
3. David Howarth was appointed as the Electoral Commissioner nominated by the Leader of the Liberal Democrats, on 1 October 2010 for a period ending on 30 September 2014.
4. The Speaker’s Committee on the Electoral Commission is required under section 3 of PPERA to oversee the procedure for selecting candidates for appointment to the Electoral Commission. This duty encompasses the recommendation of candidates for re- appointment to the Electoral Commission.3 There is, however, no presumption in the statute either for or against re-appointment. Before considering whether to make a recommendation to re-appoint a nominated Electoral Commissioner the Committee asks the Chair of the Commission to provide a report on the candidate’s performance. Jenny Watson, Chair of the Commission, provided the Committee with reports on the performance of Lord Horam and David Howarth.
John Horam
5. Jenny Watson wrote to the Committee confirming that Lord Horam was an effective, assiduous Commissioner and that the Board’s deliberations benefitted from his astute sense of public and political reaction. In addition, she noted his contribution to the Board during the passage of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill and his interest in the Commission’s broader corporate matters.
David Howarth
6. Jenny Watson wrote to the Committee that Mr Howarth was a great asset to the Board. She noted that his experience in local and national politics and extensive knowledge of
1 s1(3) of the 2000 Act as amended by s6 of the Political Parties and Elections Act 2009 2 A qualifying party is a party with two or more Members of the House of Commons at the time of the person’s appointment 3 s3 of the 2000 Act, as amended by the Political Parties and Elections Act 2009 Speaker’s Committee Third Report 2014 3
constitutional law and parliamentary process were beneficial to the Board. Ms Watson emphasised that Mr Howarth’s attention to detail and underlying principle added to policy discussions and noted his close involvement in the Commission’s contribution to the Law Commissions’ Review of Electoral Law.
Statutory consultation
7. Section 3(2)(b) of PPERA requires that a proposal to re-appoint a member of the Electoral Commission be 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 accordingly wrote to the leaders of the qualifying parties on 5 June, providing an opportunity for comment by 26 June. Those leaders who responded were content with the proposal. The responses received are reproduced in the appendix. The Committee therefore commends the re-appointment of Lord Horam and David Howarth as nominated Electoral Commissioners from 1 October 2014 for a period ending on 30 September 2018. The Speaker will make arrangements for the appropriate motion requesting that Her Majesty make the re-appointments to be considered by the House of Commons.4
4 s3(1) of the Political Parties, Elections and Referendums Act 2000
4 Speaker’s Committee Third Report 2014
Appendix: Responses to statutory consultation with the party leaders a) From Peter Murrell, Chief Executive, Scottish National Party Alex Salmond has asked me to acknowledge with thanks receipt of your letter of 5th June 2014 concerning the recommendations of re-appointment to the Electoral Commission, and to indicate that he is content that a motion be made. 12 June 2014
b) From Rt. Hon. David Cameron MP, The Prime Minister and leader of the Conservative Party Thank you for your letter of 5 June, regarding the reappointment of David Howarth as a party-nominated Electoral Commissioner to the Board of the Electoral Commission, representing the Liberal Democrats. I am content for a motion to be made in the House of Commons to the effect that an Address be presented to Her Majesty The Queen seeking the reappointment of David Howarth as a nominated commissioner for a further term ending on 30 September 2018. Of course, I am also content that Lord Horam’s nomination proceeds, as our own party- nominated Electoral Commissioner to the Board of the Electoral Commission. 13 June 2014
c) From Rt. Hon. Nick Clegg MP, Deputy Prime Minister and leader of the Liberal Democrats Thank you very much for your letter of 5th June which I have considered. I am content to agree to a motion being made in the House for the re-appointment of both Lord Horam and David Howarth for further 4 year terms. In both cases, I note the assessment and endorsement from Jenny Watson at the Electoral Commission. Thank you again for taking the time to write to me on this matter. 20 June 2014
d) From Rt. Hon. Edward Miliband MP, leader of the Labour Party Thank you for your letter regarding the consultation of the appointment of nominated Commissioners to the Electoral Commission. My apologies for the delay in replying. I have no objections to the procedure set out in your letter. 22 June 2014