Resisting threats to muzzle the elections watchdog
Sarah Clarke, Unlock Democracy
The Conservative Party is proposing that the UK’s elections watchdog should be abolished unless makes it makes changes which could undermine its independence. These proposals are part of the Party’s response to a review of electoral regulation by the Committee on Standards in Public Life. Here’s what you need to know.
What does the Electoral Commission do?
The Electoral Commission is the UK’s independent elections watchdog. It was set up in 2001 and plays the following role in making sure elections in the UK are free and fair:
Regulating party and election finance. This includes making sure that donations to political parties are registered and published, and monitoring donations and campaign expenditure to make sure that rules around donations and spending aren’t breached.
Making sure that elections are run well. This includes putting out information to inform people about how to register to vote and when the deadline is, and making sure that people have vital information about how to vote and where their polling station is.
Free and fair elections are a cornerstone of democracy. So too is creating a level playing field for political parties and campaigners by making sure that the rules around donations and expenditure are followed - otherwise, elections and political influence can be bought by those with the deepest pockets.
This is the role that the Electoral Commission plays. But this could all change.
What is the Conservative Party asking for?
‘Either the Electoral Commission reforms or we will abolish it’. This was proposition made to the independent elections watchdog by the Co-Chairman of the Conservative Party, Amanda Milling MP, writing for the Telegraph over the August Bank Holiday.
Milling set out a series of reforms that the Party is advocating for. This includes:
Amending legislation “so that the Government would publish a regulatory policy statement, setting out the Electoral Commission’s remit and goals”.
Giving party-nominated commissioners a greater role “especially in the development of guidance and broader operational policy”.
Milling concluded her piece by saying that if the Commission did not make the changes the Party wanted, then “necessary action” would be taken. Here, Milling linked to a June 2020 statement by the Telegraph newspaper - the former employer of the Prime Minister - which states, in plain terms: “the Electoral Commission should be abolished”.
The changes we need
Free and fair elections are the building blocks of a healthy democracy. Giving the independent elections watchdog more power, not less, could go some way to strengthening the integrity of elections, and cracking down on dark money donations.
The Electoral Commission is in need of reform, so what changes could be made which make sure that the government isn’t put in charge of marking its own homework?
Enhancing the Commission’s investigation powers. This would include giving the Commission the power to obtain and share information outside a formal investigation, and to investigate breaches, as recommended by the Electoral Reform Society.
Making the Commission’s sanctioning powers proportionate to rule-breaking, by raising the cap on fines that can be given out when an offence has been committed. At the moment there is a limit of £20k per offence that the Commission can hand out. Some political parties and third parties raise millions to run their campaigns, and the low limit on fines currently means that breaking the rules has become a cost of doing business, rather than a real deterrent against undermining elections.
There is much that could be done to make elections fairer, and level the political playing field so that campaigning is accessible beyond those who get the support of donors with deep pockets. This includes:
Introducing proportional representation in general elections to make seats match votes
Capping donations to political parties at £5,000, so that influence over the political agenda can’t be bought by those with deep pockets
Regulating political advertising on social media. At a minimum there should be digital imprints on campaign materials so that voters know who is behind these adverts, and this is something the government is considering at the moment.
Take action
We need to resist democratic backsliding, which is always a risk in times of upheavel. But there’s also plenty we can do to transform democracy in the UK so that our politics is fairer and more inclusive.