The Electoral Commission is no ordinary regulator. In order to safeguard UK democracy and the trust of the British public in elections, it is critical that it is robustly independent, and that its activities and operations are completely free from any political influence.
But recent changes to electoral law under the Elections Act 2022 have undermined this, giving the government of the day the power to set out what the Electoral Commission should do to support its own electoral agenda.
The new power was introduced despite the fact that:
- There was widespread consensus among parliamentary oversight bodies and constitutional experts that the power is not consistent with the Commission’s role as an independent regulator.
- It breaches at least five international standards on electoral body management.
- No comparable democratic jurisdiction allows the government to set the strategy of their electoral body in this way.
- It risks breaching international human rights law that sets standards for free and fair elections.
In opposition, Labour opposed these changes on principle and voted against their introduction. In its manifesto, Labour also committed to strengthen democracy and uphold the integrity of elections.
The Elections Act changes must be fully repealed to ensure that a future government cannot skew electoral outcomes in its favour by exerting significant control over the Electoral Commission. Additionally, further steps to bolster the Commission’s independence should be taken.
The lesson from countries that have experienced democratic back-sliding shows that leaving open a door for a future government to assert political control over the UK’s electoral body is playing with fire.
Recommendations
- The government must repeal the provisions in the Elections Act 2022 which give the Secretary of State the power to set out a Strategy and Policy Statement for the Electoral Commission.
- The government should urgently consult on bolstering the independence of the Commission further, including through introducing lay members to the Speaker’s Committee such as constitutional experts or former judges.
Read our parliamentary briefing for further details and background.
