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The Lords have issued a rebuke to the Government over its plans to impose a new strategy for the previously-independent elections watchdog.
Peers accused Ministers of politicising the UK’s independent elections watchdog, after Conservative MPs pushed through a Government-written strategy for the Electoral Commission for the first time in its history last Wednesday.
Last night, Lords passed a “motion to regret” the decision, a non-binding snub from the second chamber that comes amid fears that the election regulator had been commandeered by the politicians it oversees.
For example, the new Government-written strategy for the Commission mentions “fraud” eleven times, but “donations” (e.g. to political parties) just twice. It also contains no mentions of AI or misinformation, issues which are likely to pose a serious threat to this year’s elections’ integrity.
The Electoral Commission had itself briefed peers and MPs that the changes would be detrimental to the watchdog’s independence and public trust in elections.
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An EC briefing ahead of the vote made clear that “the introduction of a mechanism such as a strategy and policy statement – by which a government can guide an electoral commission’s work – is inconsistent with the independent role of an electoral commission”.
The elections body has the power to issue fines over election spending and donations failings by the Governing party that now sets its remit. The briefing stated that the new Government-written strategy statement “will enable actual or perceived guidance of the Commission’s decision-making by future UK Governments.”
“The Commission’s research suggests that public confidence has already been damaged. It shows a significant decline in public perceptions of the Commission’s independence since the introduction of proposals for a Statement.”
And in an apparent plea to a potential Labour Government, the group added: “The repeal of the power for [the] Government to designate a Statement would improve confidence and trust in our electoral system. It would uphold the principle that an electoral commission remains independent from governments.”
Labour’s Cat Smith MP told the Commons last week the changes were “straight out of a Republican party playbook, politicising the Electoral Commission.”
Government Accused of “Destroying” Independence of UK’s Election Watchdog as New “Priorities” Imposed on Electoral Commission
The Government is now able to steer the strategy and focus of the UK’s elections body.
Concerned Consensus
Both the Commons Levelling Up Committee and Speaker’s Committee on the Electoral Commission have previously pointed out that a Government policy statement for the EC was unnecessary.
The Levelling Up Committee said “no evidence has been provided justifying it”, while both Committees also expressed concerns about the impact the Statement would have on the Commission’s independence and effectiveness, the EC noted in its briefing.
Damningly, the Levelling Up Committee found that the Government’s new EC strategy assumes that “Government priorities must automatically also be Commission priorities” and “for the most part reads as though the Commission were an arm of Government”.
Ministers had defended themselves by noting that the Government sets the strategy for a number of regulators, from Ofwat to Ofgem and Ofsted.
But Lib Dem peer Chris Rennard, who has been leading much of the charge against the charges, told the chamber last night the EC was fundamentally different.
“The Electoral Commission is not like other regulators such as those for the utility industries. Its role includes advising on the framing of election laws; and it helps to police them. It is not appropriate, therefore, for the party in power to set the Commission’s policy and strategy.
“Putting the governing party in charge of this is like letting GB News set the strategy and policy for Ofcom, Southern Water to set it for Ofwat, or Eton to set it for Ofsted,” he said.
Lord Rennard told Byline Times: “The Electoral Commission was set up with all party agreement in 2000 to act as an independent watchdog regulating issues such as party finance and advising on issues such as potential changes to election laws.
