Spotlight on Corruption asked electoral experts what they want to see in the upcoming Elections Bill. Here Professor Alistair Clark outlines measures to protect the independence of the Electoral Commission.
These are concerning times for independent regulators in the UK. Previous governments have sought to impose ‘strategy and priority documents’ on various regulators. The current government announced a new approach towards regulatory agencies aimed at saving money, promoting growth and ultimately restoring ministerial control.
Worryingly, these approaches seeped into political regulation under the last government. The provision in the Elections Act 2022 for a Strategy and Policy document to set priorities for the Electoral Commission is a case in point.
The independence of the Electoral Commission is crucial. It regulates electoral competition and party funding in the UK, in its efforts to deliver well-run and transparent elections. It must be seen to be impartial and independent in its judgement. An independent commission needs to be able to act effectively and have appropriate powers to deal with attempts to manipulate electoral processes unfairly. So important is the Electoral Commission’s role in protecting the electoral system against interference, it is now seen as part of the UK’s critical national infrastructure.
The power to make a Strategy and Policy Statement puts this independence at risk. Any Strategy and Policy statement setting priorities for the Electoral Commission reflects party priorities. Despite widespread criticism, the previous government pressed ahead with its inclusion in the Elections Act 2022. The Statement continues to set priorities for the Electoral Commission.
There are three relatively simple steps through which the Electoral Commission might be protected.
- Repealing the power to make a Statement
- Legislate to require any change in the Electoral Commission’s independence to require a super majority of two-thirds to become law.
- Adding lay members to the Speaker’s Committee
Click on the image below to read Alistair’s short paper in full.
