Lisa Smart Portrait Lisa Smart (Hazel Grove) (LD)
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I know some of the witnesses through non-parliamentary activity. When they sit down, I will explain to the Committee my connection to them.

David Simmonds Portrait David Simmonds (Ruislip, Northwood and Pinner) (Con)
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I declare that I am an unpaid parliamentary vice-president of the Local Government Association, which has supplied one of the witnesses for this panel.

--- Later in debate ---
Lisa Smart Portrait Lisa Smart
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Q My second question is picking up on Ms Yule’s point about harassment. It is a very good thing to bring electoral staff into the consideration of that; I think everybody sensible would agree.

From my experience of being involved in elections, there is sometimes a lack of clarity on who to go to with problems—is it the RO or the police? Is there a uniformity in how the law is enforced? Different police forces have different experiences or resourcing levels when it comes to pursuing somebody breaking election law. Can you talk about how you see the Bill addressing any of those issues or about areas where you think it could have gone further or been clearer?

Emily Yule: Some of that is already being addressed in practical terms. There has been a lot of joint working between the Ministry of Housing, Communities and Local Government, the police and local returning officers to make sure that those contacts within police forces are very visible, and that you know how to get in touch and report issues.

Our members still experience a disparity in the level of engagement in different force areas, but we see a commitment coming forward to try to balance that out. There is a critical part around communication with candidates, agents and others involved in the electoral process, so that they really understand. There is a guidance element about when it is a returning officer issue, when it is a police issue and when it is an Electoral Commission issue. The Bill has an opportunity to consolidate that good practice, but it is emerging and we have started to see it coming through in recent elections. As the specific, dedicated officers within police forces build up knowledge of electoral process, offences and issues, that will only increase.

Councillor Bentley: I pointed out the issue of harassment in my first answer, by which I meant harassment of both candidates and officers. Clarity of the law is very important, as is people understanding what is an offence. It is important for the police to have that clarity as well. You do not have police officers here, at least not in this session, but they have a difficult job in working out what is just a disagreement and what is harassment. That happens in elections.

We must not forget that a lot of this will take place and has taken place on social media. We need to make sure that the law is very clear. I am in favour of the harassment bit being in the Bill—it needs to be highlighted. However, we need greater clarity about what is an offence and what is not.

David Simmonds Portrait David Simmonds
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Q There are two areas I would like to explore briefly. We heard a lot from the local government family about the chaos created by elections being cancelled, then uncancelled, and so on. Part 3 of the Bill includes a number of provisions to change the arrangements for elections. We heard about police needing to be put on the rota, then cancelled, then put back on again and schools needing to close, then reopen, then close again because polling was going ahead and then not. What are your reflections on the timeline, the consequences of those changes and the considerations that go with that?

Secondly, new clause 37 is about the provision and use of election materials in non-UK languages. We heard a great deal about that in the recent Gorton and Denton by-election, when cross-party concern was expressed. What should the Bill say? Should that new clause be part of it? Do you have an alternative body of evidence suggesting that a different approach is required?

Councillor Bentley: I would put in a plea for village halls, because they are vastly used and other organisations cannot use them for that entire day. If you are going to make changes to the electoral system, there needs to be clarity around that in advance. We do not want knee-jerk reactions so that suddenly all plans are off, then on, then off, then on again. We cannot have that. We need to be clear if elections are going to change.

We are going through a great period of local government reorganisation, which may happen on other occasions. We need early indications so that we can prepare properly—not only the people organising the elections and the candidates, but people who may think that they can use their village hall or school and suddenly cannot. We need to have clarity in advance. It cannot be left to the last minute.

On languages, from an LGA point of view all I would say is that it is important that everyone entitled to vote has the ability to understand what is actually happening. I think that is a fair way of putting it.

Peter Stanyon: I echo the comments on timing. The word I often use around elections is “certainty”. For scheduled polls, you usually plan six months in advance. In reality, I think a lot of the authorities carried on during the on-off period when the local government polls were rescheduled recently. Parliamentary elections have six or eight weeks’ notice; you are doing six months’ work in eight weeks. It puts on pressure. Going back to the earlier point on the timing of postal votes, for example, anything that gives two or three days in a timetable is a huge benefit—not just for administrators, but for the suppliers who deliver those things.

Going back to the earlier point on harassment, intimidation, translation into different languages and things like that, there needs to be a wider understanding of what elections are all about. We are living in a modern age, but elections are very much based on paper and pencil. They are trusted, in the main, but at the end of the day it is about making clear what the electoral process actually is. Some of the feedback we received about recent by-elections was simply about a misunderstanding of what the process is. There is an obligation on returning officers, the Electoral Commission and local authorities to do what they can to explain it, but there is also an obligation on candidates and parties to understand the changes coming in.

We almost need a reset, to say, “What is the best way of engaging with voters to give them what they need?” I am sure Emily will echo this point, but the one thing that an RO will not want to get dragged into is any debate about whether something is crossing a line that they do not have control over. There are very, very strict boundaries at the moment. I will not say it is a safe place for returning officers to be, but it means we have the certainty to say, “That is a police matter,” or “That is a commission matter,” or “That may be a planning control matter,” for example. It is about taking a step back and learning about how we deliver elections, and that goes right from young people all the way through the system. It is also about having a reset, to say, “Where are we now?” because there is lots of misinformation flying around from various sources.

Emily Yule: I echo Mr Stanyon’s points about the different sources of information. The Electoral Commission and the returning officer must be the trusted source of information for the democratic process for electors. We would, of course, welcome any provisions that improve accessibility and engagement, but it has to be within those boundaries of trusted and credible information.

In terms of changes in electoral law, we always seek a six-month implementation window. Any change to this system will bring an element of risk, but our very skilled administrators and leaders across elections know how to deal with change and address it, and they will deliver safe elections. But having a six-month lead-in provides that security. I will repeat a comment that Solace often makes on behalf of its members: we would ask for indemnity for returning officers when any changes are brought in very close to an election, which may result in issues that are not any fault of the returning officer.

None Portrait The Chair
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Ms Chowns, we only have three minutes left, so I may not be able to come to others. Please be brief.