Government Draft Statement proposing greater oversight of Electoral Commission needs to be “fundamentally rewritten”, MPs say

The Levelling Up, Housing and Communities (LUHC) Committee has heard that the Government has failed to make the case that a Strategy and Policy Statement for the Electoral Commission aimed at increasing oversight of the elections regulator is necessary.

The cross-party committee launched an inquiry after the Government published a Draft Strategy and Policy Statement in August of this year stating that there is insufficient scrutiny of the Commission.

The Draft Statement was also meant to address the concern raised in Lord Eric Pickles’ independent review into electoral fraud that the current system of oversight of the Commission is not fit for purpose.

The then Secretary of State, Greg Clark, said the guidance was “a necessary step to increase the accountability of the Electoral Commission to UK Parliament whilst respecting its operational independence”.

However, MPs say arguments they have heard suggest the Government has not provided independent evidence to justify bringing forward the Draft Statement.

In a committee report published last Thursday (1 December), MPs warned that if the Government decides to proceed, the Draft Statement will need to be “fundamentally rewritten”.

The committee stated that if there is to be a statement, it should be amended to set out clearly that the Commission is an independent body and that the Commission does not undertake any functions on behalf of the Government.

The committee report added that the statement should avoid stating what the Commission’s priorities should be, how the Commission should carry out its functions, what factors it should take into account in carrying out its enforcement work, or principles that should be prioritised by the Commission, among other recommendations.  

Clive Betts MP, Chair of the Levelling Up, Housing and Communities Committee, said: “The Government has not provided credible evidence regarding concerns at the Electoral Commission’s performance to justify bringing forward this statement."

Betts added: “The Government in bringing forward this statement, in this form and at this time, risks damaging the independence of the Electoral Commission and undermining public confidence in the democratic process. The Government should think again and consider whether the Draft Strategy and Policy Statement is necessary.”

According to the report, the committee did not receive any evidence to suggest that the Commission’s performance is poor. Instead, the impression is the Commission “was performing either well or at least adequately in a field that is often legally complex and can be politically highly charged”.

The Secretary of State for Levelling Up, Housing and Communities has the power to introduce a Strategy and Policy Statement for the Electoral Commission under provisions in the Elections Act 2022.

As one of the statutory consultees under the Elections Act 2022, the Levelling Up, Housing and Communities Committee decided to carry out an inquiry into the Draft Statement, and the committee’s report will be sent to the Speaker’s Committee of the UK Parliament.

The Commission is accountable to the Speaker’s Committee of the UK Parliament, and as consultees on the statement, the Speaker’s Committee will also give their own view.

Adam Carey