Government gives a tepid invitation to Electoral Commission to draw up new expenses rules

I wrote before about how under the 1983 Representation of the People Act, Schedule 4A, Part 3 the Electoral Commission has the power to present rules to the government on how to interpret key parts of the law related to election expenses. Such new rules could play a major rule in sorting out the problems with election expense rules (which are deeply flawed even if everyone follows the law to the letter).

To become law, these would then need to be tabled before Parliament by the government as a statutory instrument – a fairly straightforward and quick process if the government does indeed table the Electoral Commission’s recommendations.

But would the government welcome such a move from the Electoral Commission or would it resist it? That question was raised by Lib Dem MP Tom Brake in Parliament:

Tom Brake: I apologise for labouring this point with the Deputy Leader of the House, but following the difficulties that some MPs seem to have landed themselves in over election expenses, will the Government invite the Electoral Commission to produce updated regulations covering local and national election expenses? That would help to clear up some of the uncertainties about accounting for election expenses, so will she make Government time available to debate that issue?

Therese Coffey: The Electoral Commission is, rightly, independent of the Government. The right hon. Gentleman raises an interesting point. I am sure the Electoral Commission will not be shy in coming forward with potential for discussion, but it is important that the Government do not interfere in any investigation.

That isn’t an enthusiastic ‘we really want the Electoral Commission to do this’ answer but nor is it a simple rejection of the idea. A lukewarm invitation, rather.

Let’s hope the Electoral Commission follows up on this, especially as there are elections due in May 2017 (not to mention all the by-elections in the interim). That makes simply waiting until all police investigations are over before reviewing the rules a process that is likely to be much too slow moving.

Better instead to start clarifying and tightening up the rules in time for May 2017.