The Elections Bill: some good ideas, but more thought needed

The Elections Bill has been subject to both criticism and praise, as discussed by our Deputy Director Alan Renwick on this blog, and numerous contributors to a parliamentary inquiry. Justin Fisher, a panellist at the Unit’s recent seminar on the bill, argues that it has several good proposals, but that more thought about certain aspects is required.

Of all the provisions in the Elections Bill, most attention has been paid to plans to introduce voter identification and greater political control of the Electoral Commission. Those provisions are obviously important, but the bill also includes significant proposals relating to notional expenditure and ‘third parties’ – organisations that campaign in elections but do not themselves field candidates. Some of these proposals, while ostensibly positive and well intentioned, have the potential to significantly affect the conduct of elections if they emerge from the scrutiny process unchanged. Others represent a disproportionate response, which are likely to lead to difficulties.

Notional Expenditure

Notional expenditure refers to campaign spending in and around constituencies which does not promote any particular candidate. Such spending is typically ascribed to the party at national level rather than the candidate at constituency-level. It is a by-product of the fact that there are different expenditure limits for candidates and for parties, and that under our electoral system, all parties target their campaign activity as far as possible on seats that they are seeking to gain or hold. Critics argue that candidate spending limits are rendered meaningless by parties’ targeting efforts, and matters came to a head at the 2015 election when in one seat, the candidate, his agent and a Conservative Party official were charged following allegations that campaign spending had not been properly declared. The candidate and agent were acquitted, but the party official was found guilty. The bill adopts a conservative approach to the issue but a sensible and most importantly, a workable one.

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Intimidation of candidates and others during political campaigns: the report and recommendations of the Committee on Standards in Public Life

Photo.001Following December’s publication of the Committee on Standards in Public Life report on Intimidation in Public Life, the Constitution Unit hosted a panel on 21 March to discuss the Committee’s findings and recommendations. The seminar was chaired by Dr Jennifer Hudson, Associate Professor in Political Behaviour at UCL and leader of Parliamentary Candidates UK (PCUK). The list of panellists included Lord Bew, who serves as Chair of the Committee. Overall, the seminar aimed to reflect on the Committee’s report and its wider implications for the nature of British public life. In this post, Lotte Hargrave summarises what was said.

Following the 2017 general election, the Prime Minister asked the Committee on Standards in Public Life to conduct an independent, non-partisan inquiry into the issue of intimidation and harassment during elections. The report undertakes a review of the intimidation of parliamentary candidates, a third of whom experienced harassment and intimidation during the campaign. The forms of abuse were, in the words of the report, ‘persistent, vile and shocking’; threatening violence – sexual or otherwise – and property damage. Intimidation and abuse were often found to be clearly targeted at certain groups, including women and ethnic minorities.

Lord Bew, Chair of the Committee on Standards in Public Life

The Committee’s Chair, Lord Bew, spoke broadly about the intentions behind the report and the purposes of the inquiry itself. He began by explaining that the inquiry took an independent, non-partisan look at all aspects of intimidation and set about explaining how the Committee understood ‘intimidation’, emphasising this to be behaviour which would make it less likely for individuals to participate in public life. Lord Bew stressed the Committee recognised that vibrant and robust debate is an intrinsic part of British political life, and that they recognised this to be one of its great qualities. However, they stressed something new was happening to ‘debase our public life’. Without intervention, the Committee were concerned that individuals – particularly those in marginalised groups such as women or ethnic minorities – would be discouraged from participating in politics. Overall, it was stressed that the Committee did not necessarily understand there had been a growth in this type of abuse but that the velocity at which it was being delivered had increased. Lord Bew stated that the Committee believed that the 2014 Scottish independence referendum was a turning point, and that the problem has been exacerbated and abuse has proliferated due to the rise of social media.

Lord Bew reflected on the Committee’s meetings with social media companies (Twitter, Facebook, and Google) during the inquiry, and the companies’ ‘half-hearted’ attitude towards tackling online abuse. This was mentioned with particular reference to the slow speed at which they removed abusive online content, despite their extensive resources, profits and data collection activities. Throughout the inquiry, the Committee felt that social media companies were not doing enough, and did not display sufficient seriousness in their discussions with an inquiry that had been called for by the Prime Minister herself. Continue reading