This week, a new report from Spotlight on Corruption highlighted the impact of Electoral Commission independence to the UK’s democratic standing. The report lays bare just how far the UK has slipped since ministers were given powers over the Commission in the 2022 Elections Act.
What changed in 2022
The 2022 Elections Act, introduced by the previous government, requires the regulator to ‘have regard to’ a strategy a policy statement set by ministers which reflects the government’s policy priorities and set out the ‘roles and responsibilities’ of the Commission in achieving those priorities. In plain terms: the body that polices fair play in elections must now consider the priorities of the politicians it oversees.
We raised our concerns during the passage of the bill highlighting how vital Commission independence is to electoral integrity and raising concerns about this change being introduced with no wider consultation or scrutiny. The Electoral Commission themselves were highly critical of the change saying the introduction of the policy statement, “is inconsistent with the role that an independent electoral commission plays in a healthy democratic system”.
We also raised concerns that the parliamentary committee charged with oversight of the EC had, at that time, a government majority. We recommended inviting ordinary members of the public to join the Speaker’s Committee, much like the Standards Committee has done, and ensuring that there could not be a governing party majority.
Why independence matters
Oversight of the Electoral Commission should be non-partisan and it is particularly important that the Electoral Commission, charged with ensuring fair play in politics, should be rigorously independent and able to command confidence in its impartiality. If the referee can be leaned on by one team, trust in the game evaporates.
Electoral management body independence is set out under international law and in a range of international guidelines and, unsurprisingly, the change brought in under the 2022 Act was criticised by two different international electoral observer missions during the 2024 General Elections. This new report highlights how since the Act, the UK has dropped down international ratings, finding that the UK fell from 30th to 52nd for electoral body autonomy.
A missed opportunity
The current government’s strategy statement on forthcoming electoral changes does not commit to restoring the Commission’s independence by removing the strategy and policy statement. This is a missed opportunity.
We cannot allow independence to be chipped away. The Commission must be accountable to Parliament as a whole — not the government of the day.
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