POLITICAL PARTIES, ELECTIONS AND REFERENDUMS ACT 2000 THE SPEAKER’S COMMITTEE ON THE ELECTORAL COMMISSION SECOND REPORT 2016 Re-appointment of an Electoral Commissioner HC 21 POLITICAL PARTIES, ELECTIONS AND REFERENDUMS ACT 2000 THE SPEAKER’S COMMITTEE ON THE ELECTORAL COMMISSION SECOND REPORT 2016 Re-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 18 May 2016 HC 21 Published on 18 May 2016 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. Current membership Rt Hon John Bercow MP, Speaker of the House of Commons (Chair) Rt Hon Mark Francois MP, Minister of State for Communities and Resilience, Minister at the Department for Communities and Local Government Mr Bernard Jenkin MP, Chair of the Public Administration and Constitutional Affairs Committee Rt Hon Oliver Letwin MP, Chancellor of the Duchy of Lancaster Rt Hon Sir Gerald Kaufman MP Jessica Morden MP Bridget Phillipson 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 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 Re-appointment of an Electoral Commissioner 1 Contents Report Page Introduction 3 Change in the identity of the third party 3 Alasdair Morgan 4 Statutory consultation 4 Appendix: Response to statutory consultation with the party leaders 5 Re-appointment of an Electoral Commissioner 3 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 Political Parties, Elections and Referendums Act 2000, as amended by the Political Parties, Elections and Referendums 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 The current term of office of Alasdair Morgan, a ‘nominated’ Commissioner, expires on 30 September 2016. 2. The Speaker’s Committee on the Electoral Commission is required by s3 of the Political Parties, Elections and Referendums Act 2000, as amended by the Political Parties and Elections Act 2009, to oversee the procedure for selecting candidates for appointment to the Electoral Commission. Under s3(5A) of the Act, this duty encompasses the recommendation of candidates for re-appointment to the Electoral Commission. There is no presumption in the statute either for or against re-appointment. Change in the identity of the third party 3. Under the Political Parties, Elections and Referendum Act 2009, names for three of the four nominated Commissioners shall be put forward by the leaders of the three largest parties in the House of Commons. The fourth Commissioner is nominated by the leaders of the other parties at Westminster. Mr Morgan was previously nominated to the Commission by the leader of the SNP, supported by some of the other smaller nominating parties at Westminster. In view of the changes to the balance of the political parties at the 2015 General Election, Mr Morgan’s name is now being put forward by the leader of the SNP as the Commissioner nominated by the third largest party in the House of Commons. 4. In consequence, David Howarth, who is currently serving as a Commissioner having been nominated by the leader of the Liberal Democrats, will continue to serve, but as the nominee of the smaller parties at Westminster on the Commission. When his term expires the minor parties, including the Liberal Democrats, will have an opportunity to nominate a new Electoral Commissioner. 1 S1(3) of the 2000 Act as amended by s6 of the 2009 Act 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 4 Re-appointment of an Electoral Commissioner Alasdair Morgan 5. Alasdair Morgan has served as an Electoral Commissioner since 12 May 2014 as a nominated Commissioner. At its meeting in October 2015, this Committee noted a letter from the Chair of the Electoral Commission requesting that the Committee start the process of renominating, or appointing a replacement for, Alasdair Morgan. 6. In that letter the Chair of the Electoral Commission, Jenny Watson, indicated that on the basis of Mr Morgan’s performance as a Commissioner she would be content to see him reappointed. Ms Watson noted that he had made a significant contribution to the Commission’s response to the Law Commission’s review of electoral law and as a member of the Commission’s Audit Committee. She also said his political knowledge and significant experience of the practicalities of campaigning was useful to the Commission. 7. Following the October meeting Mr Speaker wrote to the leader of the Scottish National Party, Nicola Sturgeon, to ask whether she wished to reappoint Mr Morgan, or whether she wanted to start the process of selecting a new nominated Commissioner. Ms Sturgeon replied stating that she wished to put forward Mr Morgan for reappointment as a nominated Commissioner. 8. The Speaker’s Committee considered this issue again, by correspondence, on 16 February 2016. On the basis of the information provided by the Scottish National Party and the Electoral Commission, it agreed to put forward Mr Morgan’s name for statutory consultation with the leaders of the qualifying political parties. Statutory consultation 9. Section 3(2)(b) of the Political Parties, Elections and Referendums Act 2000, as amended, also 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 belong. The Speaker accordingly wrote to the leaders of the qualifying parties on 22 March 2016. Those leaders who responded were content with the proposal. The responses received are reproduced in the appendix. 10. Appointments to the Electoral Commission are made by Her Majesty on an Address from the House of Commons. The Committee commends to the House the re-appointment of Alasdair Morgan for a four year term. Re-appointment of an Electoral Commissioner 5 Appendix: Response to statutory consultation with the party leaders a) From Mike Nesbitt MLA, Leader, Ulster Unionist Party Thank you for your letter of 22nd March, consulting me on the proposed appointment of Alasdair Morgan. The Ulster Unionist Party has no objections and is content he be appointed. 31 March 2016 b) From Rt Hon Nicola Sturgeon MSP, Leader, Scottish National Party I write to acknowledge with thanks receipt of your letter of 22nd March 2016 concerning the proposed appointment of Alasdair Morgan as an Electoral Commissioner, the contents of which I read with interest and have noted. I am indeed content that a motion be made in the House to the effect that an Address be presented to Her Majesty seeking Alasdair’s appointment. I trust this confirmation is helpful. 1 April 2016 c) From Rt Hon Jeremy Corbyn MP, Leader, Labour Party Thank you for your letter of 22nd March, consulting me on the proposed appointment of Alasdair Morgan as an Electoral Commissioner. In light of Mr Morgan’s time as a Member of Parliament, and his previous service as an Electoral Commissioner, I raise no objection to his appointment to serve a new four year term. 8 April 2016 d) From Rt Hon David Cameron MP, Leader, Conservative Party Thank you for your letter of 22 March, regarding the renewal of the appointment of Alasdair Morgan as an Electoral Commissioner. I note that Mr Morgan will now be nominated to represent the SNP on the Board of the Electoral Commission. 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 Alasdair Morgan as a nominated Commissioner for a further four year term, ending on 30 September 2020. 12 April 2016.