Parliamentary Parties Panel minutes: 5 December 2023

CM asked for an update on Elections Act measures on online absent voting being introduced in Scotland. BC said the Department was still looking for a legislative route.

GD asked for an update on the security of the Commission’s systems following the cyber-attack and expressed his concern that parties needed to act to protect their data. He noted that his party would welcome support from the National Cyber Security Centre on this LE noted the security in place around the Commission’s systems, and said the Commission was aware of the concerns raised by parties about their own security. The Commission was aware that the NCSC was planning work in this area and would contact the NCSC to reiterate the parties’ desire to engage with them. 

CM asked for clarity about the use of the word ‘equalised‘ at point 5.3 in the previous meeting’s minutes. CW said the Commission would check with the previous note taker on this point and correct the record. 

KB asked about the offer of meetings between parties and NPCC, noting that a meeting had been set up with the Liberal Democrats on 4 February 2024. SM said it had been suggested previously that this would be a group meeting.

KB noted the publication of the Commission’s long campaign guidance just prior to the PPP meeting. SM said that he expected to have an email from the Commission about the publication of this guidance. KB said that she received the email and would be happy to pass on the relevant details.
 

JP opened a discussion for PPP members to put forward strategic concerns or ideas to be considered as part of the Commission’s planning for its next corporate plan (2025-30). He explained the Commission board is meeting regularly to look at various challenges, such as candidate intimidation and AI, but wished to be open to listening directly to PPP members.
 

KB said it would be helpful if the Commission was more proactive. For example, guidance for the upcoming UKPGE is helpful but planning for this event is already underway. Further, as the guidance needed to wait for clarity on spending limits, it was published too late for parties to fully utilise as part of their fundraising for the UKPGE. JP said DLUHC have committed to getting legislation to the Commission as quickly as possible to allow sufficient time to produce guidance.
 

KB said there is a limited awareness of the long campaign and the relevant requirements among party volunteers and staff, so it is crucial that guidance is timely and in plain English. JP said the ideal situation is one set of guidance with one process but, given the complexity of electoral law, this is often difficult to achieve. KB said that complex guidance is putting people off participating in the democratic process. 
 

LE asked if in the future the parties still saw written guidance as the main way to support understanding of the law, or whether over the next five years that will shift to different methods.  KB said that given the demographics of the organisers the party works with it is still likely that guidance will be used. SM expressed frustration at the ‘readability’ of guidance when downloaded as a PDF from the HTML format on the website, specifically that it did not look nice or have page numbers. KB and MT agreed with this point. CW noted that the Commission must comply with accessibility legislation and support guidance that is accessible for all. However, he would ask whether page numbers could be added.
 

CL asked about the guidance on advice for auditors. LE noted work on this was scheduled for after the UKPGE.
 

SM said the Commission Board was often not visible and noted the delay in posting minutes to the Commission’s website. JP and CW said this would be followed up. 
 

On the subject of the timeliness of legislative changes, BC said it is hard to get things out in a timely way due to political and parliamentary constraints, although most of the changes had been introduced in line with the ‘Gould principle’ of being in place 6 months before they needed to be put into operation. She noted that DLUHC had previously written to the parties about the spending limit changes. KB noted that it had impacted on Christmas leave plans in some cases.
 

CM said it is easier for smaller parties and, in the Scottish context, Commission staff are very helpful when issues are raised. JP asked about the Alba Party’s specific experience as a smaller party; CM said that it is not currently difficult to be heard as they have a seat at the table, but it may be more difficult if this were not the case.

TH gave an overview of the Commission’s proposed changes to the voluntary Code of Conduct for campaigners, covering Elections Act changes and the handling of completed postal ballot forms. TH asked the group if they agreed to the Elections Act related changes; there was no dissent from those attending.
 

KB noted that the Liberal Democrats would prefer to continue to collect completed ballots on the doorstep. 
 

TH set out the findings from the recent survey sent to all political parties with 83 out of 87 parties agreeing to the proposals. Two parties suggested a compromise, where activists collect completed forms and return these to the local authority offices. KB said that it would be helpful to look into this compromise and to work with the local authorities to get envelopes. 
 

KB asked about the levels of prosecutions. TH said he did not have the exact figures, but this change had been implemented following complaints made to the Commission through various channels. CW said there were also concerns about the security of personal data when forms are handed in unsealed.
 

AM raised concerns about the increased amount of personal detail now held on postal vote applications and the implication of this for campaigners collecting ballots. AM suggested forms could be sent using the political parties’ freepost and to the relevant Electoral Registration Officer address.
 

KB said the larger political parties have robust enough systems and training of activists to ensure that applications were securely handled. 
 

SM asked if it would be possible for PPP members to have a copy of the revised text. CM said Alba were happy with the proposal but that they were also open to the proposed compromise. 
 

TH said it was clear that among the PPP members there is little appetite for major change, but that a draft text based on the proposed compromise will be circulated among the PPP members before the end of the year.  
 

BC listed the new measures included in the Elections Act that have recently come into force. 
 

PD said the 2023 UK parliamentary elections designation Order for Returning Officers for the new boundaries to apply at the next General Election has been laid, and offered to share these with the PPP. SM asked for a list of the changes in Scotland. The RO Order for Scotland has been made and arrangements are in process of publishing this. 
 

JD gave an overview of the SIs that came into force in November to various spending limits, noting that the changes for the PCC elections will come into force on 12 December 2023. The remaining new thresholds will come into force in January 2024. The SI for security expenses will be laid in January 2024. An update summarising the changes was circulated on 20 November 2023.  

No queries were raised in relation to the update report.

CL asked for the Commission to respond to outstanding requests for advice before Christmas, and asked when guidance on changes to reporting would be published. LE confirmed the guidance due to be published for the general election would include information on regulated donees and for new MPs. LE said that the timeliness of advice has been a focus for the Commission, which had invested time and money into its regulatory support offer.
 

SM asked for the report by the consultants on the new Political Finance Online discovery phase to be shared with the group. LE said the consultants were commissioned by and reporting to the Commission. However, the Commission would ensure members have clarity in advance of the further discussion, subject to commercial confidentiality. SM stressed the need for PPP views to be captured. 
 

The next meeting was agreed for Tuesday 6 February 2024.