Board minutes: 26 September 2023
Summary
Date: Tuesday 26 September 2023
Location: Bunhill Row, London, and by Video conference
Date of next scheduled board meeting: Tuesday 17 October
Who was at the meeting
John Pullinger Chair
Rob Vincent
Alex Attwood
Sarah Chambers
Roseanna Cunningham
Chris Ruane
Katy Radford, [items 1 – 5 and item 8 [until 11am]]
Sue Bruce
Stephen Gilbert
Elan Closs Stephens
In attendance:
Shaun McNally, Chief Executive
Craig Westwood, Director, Communications, Policy and Research
Louise Edwards, Director, Regulation and Digital Transformation
David Moran, Interim Director, Finance
Binnie Goh, General Counsel and Board Secretary
Zena Khan, Senior Adviser, Governance
Sal Naseem, Independent Adviser to the Commission Board on Equality, Diversity and Inclusion (EDI)
Charlene Hannon, Head of Guidance
Susan Crown, Head of Campaigns and Corporate Identity [item 2]
Ben Hancock , Campaigns Manager [item 2]
Laura Kennedy, Campaigns Manager [item 2]
Ijeoma Osuchukwu, Voter Information Manager [item 2]
Abigail Cartledge, Senior Communications Officer (Internal Communications) [item 2]
Abigail Luke, Senior Communications Officer [item 2]
Sarah Dickinson, Senior Communications Officer [item 2]
Elaine Spooner, Senior Communications Officer [item 2]
Hannah Kavanagh, Senior Communications Officer [item 2]
Tess Martineau, Senior Communications Officer [item 2]
Nikita Johal, Communications Officer [item 2]
Phil Thompson, Head of Research [item 6]
Richard Scammell, Customer Service Manager [item 11]
Tom Hawthorn, Head of Policy [item 14]
Michela Palese, Policy Manager [item 14]
Chris Chie, Policy Adviser [item 14]
Closed session of the Board
(Commissioners only, 9.00 – 9.30am)
Welcomes and apologies, followed by an introduction to the Campaigns and Corporate Identity Team
Apologies were received from Ailsa Irvine, Director, Electoral Administration and Guidance.
The Board Chair advised that the Independent Adviser to the Commission Board on EDI, Sal Naseem, would be leaving us shortly as he completes his 12-month appointment with the Commission. The Board thanked Sal for his contribution to its work.
The Board welcomed the Campaigns and Corporate Identity Team members, who provided an overview of their work on delivering integrated public awareness campaigns, as well as working across the Commission providing internal comms expertise and strategy and ensuring that our corporate identity is fit for purpose and useable by all staff. Commissioners were keen to be engaged on the next steps with campaigns.
It was agreed that Sarah Chambers and Chris Ruane would be invited to discuss the plans.
The Board thanked the team for their work and the update.
Declarations of Interests
It was noted that further declarations of interests would be received from Commissioners Sue Bruce, Stephen Gilbert and Sarah Chambers and, EDI Adviser to the Board, Sal Naseem, to the Governance Team.
Resolved: That the Board noted the updates since the July 2023 Board meeting.
Resolved: That the Board noted the registers of interests would be updated for publication.
Minutes (EC 221/23)
Resolved: That the Board agreed the minutes of the meeting held on 18 July 2023.
Matters arising
The Board discussed how best to use the data collected from previous public awareness campaigns to support future engagement with hard-to-reach communities.
The EDI Adviser to the Board commented that his new employer has important experience on data gathering and using that to inform how it engages with the public. The EDI advisor offered to invite interested Board members to observe how data is used in his place of work.
The Board discussed how best to engage the skills of Commissioners and the Executive within the work of the Commission, noting where the individual expertise of Commissioners can add value to areas otherwise delegated to the Executive. The Board emphasised the importance of collaborative working and fostering a sense of shared purpose.
It was agreed to hold an external facilitated session with Commissioners and the Executive Team along with the incoming Commissioners.
Commission Board action tracker (EC 222/23)
It was agreed that arrangements would be made with the opportunity offered to Commissioners and staff colleagues to visit the UK Parliament.
The Board noted that due to resourcing within the Governance team, the Board effectiveness review would be deferred until next year.
Resolved: That the Board noted progress against actions requested by the Board.
Chief Executive’s update (EC 223/23)
The Chief Executive provided an update on operations and matters arising.
The Board noted updates on the Elections Act, ongoing work in relation to the Commission falling victim to a cyber-attack, completion of the work on the Annual Report and Accounts 2022/23, publication of our post poll reports and our new research on the accuracy and completeness of electoral registers.
The Board noted areas of concern from the Chief Executive, on significant financial challenges faced this year, in four main areas requiring additional funding: cyber security, pay award, Northern Ireland assembly elections and by elections. Other concerns were noted on capacity of staff teams and resourcing and preparedness for the forthcoming polls and UKPGE. The Board noted improvements in levels of staff sickness in recent months and recognised the supportive work done by the HR team. The Board asked for thanks to be passed to the HR team for their work.
It was noted that the new assessment of the accuracy and completeness of the electoral registers across the UK, which provides data on headline levels of accuracy and completeness in England, Scotland, Wales and Northern Ireland as well as highlighting patterns of under-registration across key geographical and socio-demographic factors, will be presented to the next meeting of the Board.
Resolved: That the Board noted the update on operations and matters arising
Forward Plan of Board business 2023/24 (EC 224/23)
Resolved: That the Board noted the Forward Plan of Board business 2023/24.
Governance matters
Audit and Risk Assurance Committee (ARAC) Chair extension of office (EC 225/23)
The General Counsel introduced the report advising that Commissioner Sue Bruce term of office is due to come to an end.
The Board noted that Parliament had extended Sue’s term to 31 December 2026 and as such, can continue as Committee Chair of ARAC once agreed by the Commission Board.
Resolved: That the Board agreed to extend Sue Bruce’s term as Chair of the ARAC to 31 December 2026.
Incorporation of an Equality, Diversity and Inclusion (EDI) subcommittee (EC 226/23)
The General Counsel introduced the report advising of the recommendations from the Independent Adviser on EDI, to form a new subcommittee of the Board focusing on EDI.
The Board requested that the newly appointed EDI lead be in attendance at each EDI Committee meeting and that the arrangements of the Committee be reviewed in six months.
Resolved: That the Board agreed to incorporate an EDI Committee as a new subcommittee to the Board
Resolved: That the Board agreed to amend the terms of reference to include edits as laid out in 8.4 of these minutes, and to the following:
- at paragraph 3, delete “The Chair of the Electoral Commission may not be appointed as a member of the EDI Committee.”
- after paragraph 3, include: “An Independent Adviser on EDI may be appointed by the Board and attend the EDI Committee. They will not be a member of the EDI Committee but will be invited to attend Committee meetings. The Independent Adviser may be invited to attend one or more meetings of the Commission Board a year.”
Resolved: That the Board agreed to appoint the following Commissioners as members of the EDI Committee; John Pullinger, Committee Chair, Katy Radford and Sarah Chambers, with Alex Attwood attending as an observer.
Resolved: That the Board agreed to amend the Corporate Governance Framework to incorporate the EDI Committee.
Commission bids for funding for Scotland and Wales 2024/25 (EC 228/23)
The Interim Director, Finance introduced the report, updating the Board on the proposed budget bids for 2024/25, specifically from the Senedd and the Scottish Parliament.
The Board noted the collaborative effort and all the work done to get to this point.
Resolved: That the Board agreed the Commission bids for funding for Scotland and Wales 2024/25.
Dates of proposed Commission Board and Committee meetings 2024/25 (EC 229/23)
Resolved: That the Board agreed the proposed Commission Board and Committee meetings 2024/25.
Annual review of complaints (EC 230/23)
The Director, Communications, Policy and Research introduced the report, advising of complaints received during the period 1 July 2022 to 30 June 2023.
The report provides the Board with an overview of complaints, enables any trends to be identified and highlighted, and gives assurance that complaints are dealt with. The Board noted the valuable opportunity that complaints gave the organisation to learn and improve performance. The Board also considered how best to ensure that those staff dealing with complaints were well-supported.
Resolved: That the Board noted the report.
Update from the Remuneration and Human Resources Committee (RemCo) Chair (Oral)
The RemCo Chair, Rob Vincent, provided an oral update on the work of the Committee at its meeting on 21 September.
The Board noted that the newly appointed Equality, Diversity and Inclusion lead, Julie Howell, attended her first RemCo meeting and was introduced to members and attendees.
The Board received updates on staff pay negotiations, routine work through the people strategy with a deep dive on recruitment, and an annual review of the Committee’s effectiveness with a proposed all staff engagement for mid-October. The Board considered issues related to staff departures and succession planning.
The Board was advised that due to the RemCo Chair’s term of office coming to an end at the end of this year, expressions of interests for role of Chair of RemCo should be sent to the Commission Board Chair, John Pullinger, or the Board Secretary, Binnie Goh.
Update from the Audit and Risk Assurance Committee (ARAC) Chair (Oral)
The ARAC Chair, Sue Bruce, provided an oral update on the work of the Committee at its meeting on 25 September.
The Board received an update on the external auditors final audit completion report on the 2022/23 financial statements. The ARAC Chair requested for this to be circulated to the Board.
The Board noted updates on the internal audit reports on performance monitoring and audit progress report, internal audit tender, operational and strategic risk registers, requesting more drilled down detail in areas of the operational risk registers, counter-fraud actions, annual business continuity planning, annual declarations of interests, schedule of audit recommendations and registers of interests, gifts, donations and hospitality.
The Board considered how best to respond to learning from the cyber-attack on the Commission, the management of recent contracts, the external auditors’ management letter and financial capability constraints within the organisation.
The Board noted that ARAC requested an additional meeting to review further two business items. This would be scheduled in early November.
Commission strategic direction discussion: making fair and effective electoral law (EC 231/23)
The General Counsel introduced the report, on the third in a series of discussions on our strategic objectives to develop our next corporate plan.
It was noted that the purpose of the discussion was to how we might develop our work within the frame of our strategic objective ‘making sure electoral law is fair and effective’ over the next corporate plan period. The Board noted the distinct legislative reform landscape in each part of the UK.
The Board noted that the paper focused on consolidating and simplifying electoral law and not legislative proposals that are measures to achieve other corporate plan objectives such as the concerns about the Digital Registration Number (DRN) in Northern Ireland, electoral registration completeness and foreign interference.
The Board welcomed the work of the Law Commissions in England and Wales and Scotland and considered that it is essential to make progress on preparatory work ahead of the UKPGE so that action could follow in the next session of the UK Parliament.
The Board agreed that Commissioners should be involved in mechanisms to achieve this which might include convening an advisory panel or organising a conference.
Resolved: That the Board supports the work on strategic focus for the next corporate plan, while testing assumptions, creating consensus for reform, resourcing, and prioritisation.