Political Parties and Elections Bill

In moving this amendment, I shall also speak to Amendments 77 and 78. I have a short, non-controversial list of amendments to speak to. The Political Parties, Elections and Referendums Act 2000 imposes a 10-year restriction on previous political activity for all Electoral Commission staff. Clause 7 of the Political Parties and Elections Bill seeks to reduce the restriction period from 10 years to five years for the commission's chief executive, and to one year for all other staff. These government amendments are intended to address the concerns raised by the commission and my noble friend Lady Gould that the five-year restriction should be capable of being extended to other senior posts in the commission, or those dealing with politically sensitive responsibilities. Having heard representations on the subject, we fully acknowledge that there may be a small number of posts in the commission, other than the chief executive, which merit a requirement for a longer restriction on recent political activity than one year. It is right that we strike an appropriate balance between ensuring that the commission is able to employ those who have the necessary skills to enable it to be more effective, without creating any perception of politicising the commission. The amendment provides flexibility so that the chief executive of the commission can determine the appropriate restricted period for its staff. Some senior posts may merit a longer restriction period, while others will not. Likewise, certain posts, which may not necessarily be classed as senior posts, may indeed involve politically sensitive responsibilities. The chief executive of the commission will be best placed to decide which posts merit a longer restricted period, and what that period should be. That said, we are keen to ensure that the power provided for here does not provide the chief executive with unfettered discretion when it comes to choosing what post should be designated or how long a restriction for a particular post should be. In light of this, government Amendments 75 and 77 provide the commission's chief executive with the power to designate certain other commission posts as being subject to a restriction period of up to five years. The chief executive may designate a post if he reasonably believes that it is necessary to do so in order to maintain public confidence in the effectiveness of the commission in carrying out its functions. In deciding the length of the restriction period, the chief executive will be required to take into account the level of seniority of the post, and how likely it is that any holder of the post will be required by the post to deal with politically sensitive matters. These criteria show that we are mindful that the chief executive should use this power responsibly. To that end, we propose a further check on the discretion provided for here, so this amendment also requires the chief executive to consult the Speaker's Committee on the posts that he intends to designate. A duty to consult will mean that any view put forward by the committee in relation to a proposed designation will have to be taken into account, and taken seriously, by the chief executive. We believe that the Speaker’s Committee is an appropriate body to give an independent and objective view on proposed designations, in line with the oversight rule relating to the commission. We considered whether it was appropriate to give the Speaker’s Committee the right of veto over a particular designation. Ultimately, we took the view that the chief executive is best placed to come to a final decision on what is best for the successful internal working of the commission. The chief executive will be required to give notice to the Speaker's Committee of his intention to designate a particular post, and the relevant period of restriction for that post. The notice has effect from the day it is received by the Speaker's Committee and expires after three years, unless the chief executive issues a cancellation notice or a notice that alters the details contained in the original in the interim. Any notice of cancellation or alteration along these lines is also subject to the duty to consult the Speaker’s Committee before the chief executive can issue the notice in question. This mechanism strikes a sensible and proportionate balance; empowering the chief executive, as the individual responsible for staffing decisions, to make decisions, while allowing him to take account of the views of the Speaker’s Committee as he sees fit. Amendment 75 states that, in cases where the chief executive has designated a post as subject to a longer restriction period, this will supersede the one-year restriction. I turn to Amendment 78. Noble Lords will be aware that the Political Parties, Elections and Referendums Act 2000 imposes a 10-year restriction on previous political activity for all Electoral Commission staff. Clause 7 reduces the restriction period from 10 years to five for the chief executive, and to one year for all other staff—I hope as amended by my previous amendment. The Boundary Committee for England is part of the Electoral Commission. However, the Local Democracy, Economic Development and Construction Bill provides for a separate and independent boundary committee in line with the recommendations of the Committee on Standards in Public Life. The Bill retains a 10-year restriction from previous political activity for boundary committee members and staff once the independent body is set up. This mirrors the existing 10-year restriction for all commission staff. Government Amendment 78 seeks to exclude all Electoral Commission staff dealing with electoral boundary work from the reduced restrictions in Clause 7, because it is envisaged that most members of staff will transfer to the independent boundary committee, which we expect will be set up in April 2010. The commission estimates that 20 members of staff will transfer to the independent boundary committee. Commission staff perform certain functions relating to boundary work that have been transferred by secondary legislation from the Local Government Commission for England. These functions include the implementation of recommendations for a change in the law made by the boundary committee. Finally, a small number of staff who currently assist with this work, albeit not on a full-time basis, will not transfer over as part of this process. The changes made by this amendment relate also to these categories of commission staff during the intervening period before the boundary committee is set up. The reduction in the restricted period, as proposed in Clause 7, would be temporary. Removing staff who work on boundary matters from the effect of Clause 7 of the PPE Bill will ensure that the level of political restriction on the appointment of staff remains consistent in the intervening period between the commencement of Clause 7 and the creation of the new boundary committee. The commission requested this amendment, and we agree that taking these steps will help to ensure a smooth transition of staff dealing with electoral boundary work before the boundary committee is set up. I beg to move.