Briefing on the Elections Bill and the Independence of the Electoral Commission
The government is expected to publish the Elections Bill soon. It will contain measures Unlock Democracy welcomes such as Votes at 16, automatic voter registration and measures to restrict foreign funding in UK elections. There is however one change that is not expected in the Bill, restoring the independence of the Electoral Commission.
Yet restoring its independence is critical for ensuring the integrity and fairness of the democratic process. The Elections Act 2022 granted the government powers to issue a Strategy and Policy Statement, effectively reducing the Commission's independence by allowing ministers to influence its operations, priorities, and enforcement of electoral laws. This shift has raised significant concerns about impartiality and public trust in elections.
Key Reasons to Restore Independence:
1. Preserving Democratic Integrity
An independent electoral regulator acts as a neutral referee, ensuring that electoral processes are free from political interference. The current arrangement is undermining public confidence in elections by creating the perception that the government can influence electoral oversight[1][3][5].
On the 1st December 2022, commenting on the Levelling Up, Housing and Communities Committee’s report on the introduction of a Strategy and Policy Statement, John Pullinger, Chair of the Electoral Commission [7] said:
"The Commission has always maintained that a strategy and policy statement – by which the government can guide the work of an electoral commission – is inconsistent with our role. The evidence shared with the Committee highlighted the importance of maintaining the independence of the Commission, which is vital to the functioning and legitimacy of a healthy democracy. We support the Committee’s view that such a statement is not necessary and that the UK Government should re-consider its introduction."
2. International Standards
The UK is now out of step with democratic allies, where electoral commissions are typically independent from governmental control. This divergence weakens the UK's reputation as a model democracy[3][4].
3. Accountability and Transparency
The Electoral Commission was originally accountable to Parliament and the Speaker’s Committee, ensuring oversight without direct government influence. The new powers blur these lines, reducing transparency in how electoral laws are enforced[3].
4. Risks of Abuse
While the current government may not exploit these powers, future administrations could use them to undermine democratic norms, affecting the Electoral Commission’s ability to enforce safeguards and halt against potential abuses of power[1][4].
5. Expert Recommendations
Experts have called for stronger investigatory powers for the Commission and increased fines for breaches of electoral law, rather than curbing its independence. These measures would enhance its ability to oversee elections effectively[2][6].
Conclusion:
Restoring independence would reaffirm the UK's commitment to fair elections and protect its democratic institutions from undue influence.
For more information, email team@unlockdemocracy.org.uk
Citations:
[2] Public Administration and Constitutional Affairs Committee The Work of the Electoral Commission
[3] Briefing: Urgent Reforms Needed to Safeguard the UK's Elections From Dirty Money and Undue Influence
[4] The UK Electoral Commission’s independence matters – Toby S. James
[5] Restore fairness — Unlock Democracy
[6] Protecting the UK’s Democracy: Key Electoral Reforms Recommended by Independent Experts