Government consults on guidance aimed at making Electoral Commission more accountable to Parliament

The Department for Levelling Up, Housing and Communities (DLUHC) has launched a consultation on the Draft Electoral Commission Strategy and Policy Statement containing guidance and principles for the Electoral Commission to have regard to in the discharge of its functions.

The guidance – to be issued under the Elections Act 2022 – is intended to improve the watchdog’s accountability to Parliament.

It is alsom meant to address the concern raised in Lord Eric Pickles’ independent review into electoral fraud, that the current system of oversight of the Electoral Commission is not fit for purpose.

The Pickles report pointed to cases such as Tower Hamlets – in which the 2014 Mayoral election was declared void by corrupt and illegal practices – as evidence of vulnerabilities in the electoral system which must be addressed.

The draft guidance in the Statement states that the Electoral Commission should support Returning Officers in ensuring the secrecy of the ballot inside polling stations.

“This addresses cross-party concerns about the practice of so-called ‘family voting’ or ‘community voting’ in some areas of the country, where it is alleged that some voters are being pressured by their spouses or partners over who to vote for inside polling booths,” DLUHC said.

Levelling Up Secretary, Greg Clark, said: “The public rightly expects efficient and independent regulation of the electoral system. The Pickles Report was clear that the Electoral Commission needed to change.

“This is why we are improving the accountability of the Electoral Commission by giving Parliament greater visibility and scrutiny of the Commission’s work.”

Clark said the guidance was “a necessary step to increase the accountability of the Electoral Commission to UK Parliament whilst respecting its operational independence.

“It is completely unacceptable for anyone’s vote to be influenced or pressured inside a polling station. Protecting the secrecy of the ballot is of the utmost importance to the health of our democracy.”

The Department said the new draft guidance requires the Commission to have regard to matters such as tackling voter fraud, supporting Returning Officers in ensuring the secrecy of the ballot inside polling stations, and supporting participation by informing the public about the franchise and electoral registration, when carrying out its relevant regulatory functions.

“The draft guidance also reflects the Pickles Report’s finding that the Commission needed to refocus on its core functions.”

The consultation closes on 5 December 2022.

Under the Elections Act, the statutory consultees are the Commission itself, the Speaker’s Committee on the Electoral Commission and the Levelling Up, Housing and Communities Committee.

Parliamentarians will be given an opportunity to share their views on the draft before deciding whether to approve or reject the draft guidance in full.

The DLUHC said the government would also engage the Parliamentary Parties Panel and other relevant stakeholders on the draft guidance.

The Levelling Up, Housing and Communities Committee has announced that it will commence scrutiny of the Draft Electoral Commission Strategy and Policy Statement in September. Oral evidence sessions will begin when Parliament returns from recess in September.

Following a short inquiry into the Draft Statement, the committee said it expects to publish recommendations for the Government in the Autumn.

In April this year the then Secretary of State for Levelling Up, Housing and Communities, Michael Gove, insisted that the Electoral Commission would remain operationally independent and governed by their Commissioners, rejecting concerns raised by MPs about the impact of reforms in the Elections Bill on the watchdog.

The Public Administration and Constitutional Affairs Committee (PACAC) had earlier that month urged the Government to scrap its proposals for new powers to set the strategic direction for the work of the Commission.