A new Constitution Unit report by Meg Russell, Hannah White and Lisa James, published jointly with the Institute for Government, provides a menu of constitutional reform options ahead of political parties’ manifesto preparation. Its chapters have been published on this blog throughout August, with this final excerpt identifying potential changes relating to elections and public participation.

Democracy rests ultimately on popular sovereignty. But the bond of trust between the public and their representatives – which is essential for healthy democratic governance – has become increasingly frayed. Public engagement with the political process has long been a cause for concern, and there is a desire to boost public trust and participation. In recent years, particular concerns have been voiced about the government’s attitudes towards the Electoral Commission, its policies on public protest and on voter ID, and a change in the electoral system for local mayors that appeared to be motivated by partisan gain. At a more mundane but nonetheless important level, there are also long-running challenges to the fair and effective administration of elections.

A range of reforms to elections, the conduct of campaigns, and the wider role of the public in processes of policymaking have been proposed to tackle these concerns. Some improvements could be made immediately. A number of others would require legislation, but would be largely uncontroversial, or could be implemented fairly straightforwardly through other means. Proposals for more fundamental change – most obviously to the Westminster voting system, and party funding – would be much more contested.

Quick win

The Elections Act 2022 empowered ministers to prepare a ‘strategy and policy statement’ for the Electoral Commission. Experts widely view the existence of such a statement as a threat to the Commission’s independence. Three Commons committees sharply criticised the government’s first draft, leading to revisions. Ministers should not proceed further with designating a strategy and policy statement for the Electoral Commission. Rather, they should simply affirm their commitment to the Commission’s independence and welcome its work. Should a statement be designated, a future government should withdraw it.

Last week an expert panel published recommendations for reform of elections to the National Assembly for Wales. Among its recommendations was that the minimum voting age should be reduced from 18 to 16. Panel member Alan Renwick makes the case for this, citing evidence that suggests that voters are more likely to turn out when they first get the vote if that happens when they are 16 or 17 than if they are 18 or 19.

The Expert Panel on Welsh Assembly Electoral Reform reported last week. Besides the size of the Assembly and its electoral system, the Panel was asked also to examine the franchise for Assembly elections. Our clear recommendation is that the minimum voting age should be reduced to 16 with effect from the 2021 election.

As a member of the Panel, I found it fascinating to examine the debates over the best voting age. The evidence for reducing the minimum age to 16 is very strong. But the arguments of both proponents and opponents of this change often fail to hit the mark. I hope our report may help to reset the terms of debate in Wales and across the UK.

The commonest argument offered by advocates of votes at 16 is that a later voting age is inconsistent with the rights and responsibilities that young people gain earlier in their lives. They point out that we can marry, join the army, or change our names at 16. The principle of ‘no taxation without representation’ is often invoked: 16 and 17-year-olds are liable to pay tax, so should not be denied the vote.

When we delved into the evidence, however, we found such arguments to be inconclusive. Young people acquire different rights and responsibilities at all sorts of ages. They are liable for some taxes – such as VAT and inheritance tax – from birth. At 16, they can marry or join the army only with parental consent. Only from 18 can they enter a legally binding contract, buy tobacco, or get a tattoo. There is no one age when we are recognised in law as adults.

Arguments about the compatibility of different rights and responsibilities therefore cannot ground a decision on the voting age. Rather, what matters is how the voting age affects the level and quality of participation in electoral politics. Everyone wants to boost democratic engagement. If lowering the voting age would help with that, it is worth doing.

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