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Political Parties and Elections Bill

Of course, the hon. Gentleman is right; it goes without saying that we are not legislating for the current commission but for all commissions for the foreseeable future. As he knows, we have already tackled many of his concerns. I will address each amendment in turn, and I hope that when he considers how I have done so, he will realise that we are conscious of the need to legislate for the future—and we believe that we are doing exactly that. I hope that I have reassured my hon. Friend the Member for Leeds, North-East sufficiently for him to feel able to ask leave to withdraw the clause. I understand the reason for my hon. Friend's tabling new clause 4, and I share the sentiments that lie behind it. Of course, the commission must use its powers proportionately, after carefully considering the facts of each case. He asked whether I believed that the Electoral Commission was above Parliament. Of course it is not, but we must constantly remind ourselves—the hon. Member for Cambridge (David Howarth) keeps reverting to the point—that the Electoral Commission must be entirely independent of Parliament. It is not for Ministers to influence or try to influence how the Electoral Commission exercises its functions, still less the way in which it makes its decisions. That is why I said that the Electoral Commission would decide on the facts of the case whether to refer anything to the police. I am not convinced that setting up an independent panel in statute to provide guidance and a code of practice to the commission is an appropriate way forward. The Electoral Commission was established to be statutorily independent. As with other regulators of its kind, there is an arrangement whereby the electoral commissioners lead the commission's strategy and set its priorities, and the commission will consider what guidance is necessary to explain its role and the regulatory framework in which it operates. For precisely that reason—its operational independence—the commission reports directly to Parliament, including through the Speaker's Committee. If we provided another body on top of the commission, would that result in more or less clarity of responsibility? I believe that it would result in less clarity. Who would be responsible for individual decisions—the panel or the commission? If the commission disagreed with the panel's advice, would it be bound to adhere to the advice or could it disregard it? New clause 4 would unnecessarily complicate the picture, make regulation more difficult and possibly produce perverse consequences that no hon. Member would welcome. It is not practical for the commission to be required to seek advice from the panel routinely before making decisions that relate to its investigatory powers or sanctions. That might lead to all sorts of complexities and unnecessary delays. Decisions should be for the electoral commissioners and the commission staff, who are recruited because they have experience and expertise in the field. As hon. Members know, we have taken direct steps to assist the commission to become more aware of the political environment in which it operates. Everyone who has spoken during the various stages of the Bill's passage through Parliament has drawn attention to the need for the Electoral Commission to become more sensitised, if I may put it that way, to the democratic political environment. That is why we are introducing provisions in the Bill enabling the appointment of a minority of commissioners who have recent experience from across the political spectrum. That will be in addition to the parliamentary parties panel, which already exists for consultation with party administrators and practitioners. The Bill already includes the requirement for the commission to publish guidance on how it intends to use its powers and sanctions, and to consult such persons as it considers appropriate before publishing or reviewing such guidance. In its evidence to the Public Bill Committee, the commission indicated that it intended to consult political parties and interested people in Parliament regarding the guidance on the use of those powers. It is open to the commission to establish and seek advice from an informal advisory group of individuals whom it believes can provide experience and guidance on any aspect of its functions. The commissioners previously established a small reference group in that way and there is no reason why they should not do so again. However, the establishment by statute of a formal panel to issue guidance or advice to which the commission would be required to have regard is something very different.