Minister for Local Government (): For the purposes of Police
and Crime Commissioner and UK Parliamentary elections and recall
petitions, Returning Officers and Petition Officers are
statutorily independent officers and are separate from both
central and local government. As a result, they are personally
liable for the conduct of the elections. It is therefore
necessary for the Department of Levelling Up, Housing and
Communities (DLUHC) to indemnify Police Area Returning Officers
and Local Returning Officers in England and Wales against
uninsured claims that arise out of the conduct of their duties in
Police and Crime Commissioner (PCC) elections. It is also
necessary to indemnify Returning Officers or Acting Returning
Officers in England, Scotland and Wales against uninsured claims
that arise out of the conduct of their duties during UK
parliamentary elections and Petition Officers in respect of
Recall Petitions.
Local authority officers acting in the role of Returning Officer
and similar statutorily independent offices when running polls
have traditionally had arrangements which insure them against any
risks they face in taking forward their statutory duties at local
elections and which may also cover UK Parliamentary elections.
The cover obtained usually forms part of the local authority’s
own insurance arrangements. While this insurance may also cover
some risks to which the Returning Officers and Petition Officers
may be exposed at PCC and UK Parliamentary elections and recall
petitions, they could be liable for claims of a type not covered
by those insurance policies. They could also be liable for claims
that exceed the insurance limits in their existing cover. Hence
the government has provided an indemnity to ensure they have
effective cover and which can be called on where insurance is not
available or inadequate.
The existing indemnities for PCC and UK Parliamentary elections
run out on 1st May 2024. The existing indemnity for recall
petitions runs out on 6th May 2024. Considering this, DLUHC
proposes to continue to provide Police Area Returning Officers
and Local Returning Officers with a specific indemnity for the
forthcoming PCC elections on 2 May 2024. Separate indemnities
will also continue to be provided for Returning Officers and
Acting Returning Officers at UK Parliamentary elections and
Petition Officers in relation to recall petitions. The
indemnities for PCC, UK Parliamentary elections and recall
petitions will indemnify against claims that arise out of the
conduct of the relevant officer’s duties where existing insurance
cover does not apply. The renewed indemnities will cover costs
arising in relation to PCC elections where the date of the poll
is on or before 2 May 2028, and for UK Parliamentary elections
and Recall Petitions where the date of the poll is on or before 2
May 2029.
Where a relevant Returning Officer already holds insurance which
covers liabilities incurred at a PCC, UK Parliamentary election,
and recall petition they will be required to claim under that
insurance (or to seek to claim under it) before making a claim
against the relevant indemnity. Insurance for specific elections
has historically provided extremely poor value for money, with
claims made under such cover being smaller than the cost of the
insurance premium. An indemnity therefore provides better value
for money and this approach has been taken for elections since
2009. The indemnities will be limited to the extent set out in
the departmental Minute. The indemnities are subject to
exceptions identified in the Minute but are unlimited in terms of
the maximum amount covered per claim. If the liability is called,
provision for any payment is to be met from the Consolidated
Fund.
On this basis, I have today laid a Minute setting out DLUHC’s
intention to extend the current arrangements which indemnify the
relevant returning officers and petition officers against claims
that arise out of the conduct of their duties in relation to a
PCC, UK Parliamentary elections, and recall petitions.
Regarding the process of renewing indemnities, since 2009, the
Minister concerned has presented a departmental Minute to
Parliament giving particulars of the liability created and
explaining the circumstances; and has refrained from incurring
the liability until 14 Parliamentary sitting days after the issue
of the Minute, except in cases of special urgency. HM Treasury
has approved the renewal of these indemnities. However, following
further discussion with HM Treasury, it has been agreed that, in
line with the Contingent Liability Approval Framework, the
renewal of indemnities now qualifies as part of government’s
‘Normal Course of Business’. This means that any future renewal
of indemnities will not require HM Treasury’s consent or future
notification of Parliament.
