The aim of the Elections Bill is to ensure that our electoral system remains secure, fair and transparent. In order to ensure that legitimate categories of third party that may emerge in the future are not unduly restricted in their ability to campaign, Clause 23 proposes that the Government be able to amend the list of legal entities eligible to register as campaigners under the Political Parties, Elections and Referendums Act 2000. Any such change would be subject to Parliament scrutiny in the usual way and there would be no unilateral change by the Government.
In any election, there needs to be spending limits on candidates, on political parties and on third-party campaigners to ensure a level playing field. That is why additional provisions will be introduced on campaign expenditure which would require third party campaigns to give notice to the Electoral Commission at a lower level of expenditure than is currently required. Such third-party spending limits prevent undue influence by American-style ‘Super-PAC’ pressure groups.
Third parties would also be required to have a legitimate UK interest to campaign in UK elections. Campaign spending, which is part of a joint plan between a registered party and a third party or parties, would be counted as part of the spending limits of all parties involved. I believe campaign expenditure and joint campaigning should be transparently and fairly regulated.
With regard to proposals concerning the Electoral Commission, I believe it is the role of the police and the prosecution services to determine whether there has been a breach of criminal law, and whether such a breach should be prosecuted in a court of law. The Bill intends to clarify this status quo. This is not about interfering with the investigative, operational or enforcement decisions of the Electoral Commission. A strategy and policy statement will be introduced that will set out guidance and principles which the Commission will have to have regard to in the discharge of its functions. It is common for the Government to set a policy framework which independent regulators work toward, and the policy statement will be ratified by Parliament. The reforms would not affect the ability of the Commission to undertake enforcement action but it would ensure greater accountability to Parliament.
DS.