Elections Bill ‘power grab’ puts watchdog’s ability under threat
A Bill that is progressing quietly through Parliament could seriously undermine British democracy, argues Political editor-at-large Martin Shipton
BACK in the year 2000, the then Labour government brought in a milestone piece of legislation aimed at improving the way elections were organised and introducing registers for political parties and the donations they received for the first time.
The Political Parties, Elections and Referendums Act (PPERA) was intended to open the door to much more openness in our election system by obliging parties to declare who was funding them and setting a maximum on how much could be spent on national campaigns.
As has been pointed out by the respected campaign group Transparency International, it would be an understatement to suggest that electoral law was due for a refresh.
Until PPERA, there had been no substantive reform since the Corrupt and Illegal Practices (Prevention) Act of 1883.
In the two decades and more since the Act has been in operation, journalists and others have had the ability to reveal important details about donations to political parties and to individual politicians.
There have been countless revelations over the years about the money that has been given to parties by interest groups, companies and individuals with an agenda to pursue.
Links can be made between money donated and actions taken, and even though those involved will never admit a connection, citizens can draw their own conclusions.
PPERA also set up the Electoral Commission to oversee the fresh and transparent arrangements.
As part of the new regime the Commission was able to fine parties and groups that didn’t abide by the rules.
On occasion this has led to protests from the groups concerned that they have been treated unfairly.
Allegations of political bias – without evidence – have been made against the Commission, notably by organisations that were set up to campaign for a Leave vote in the 2016 referendum on EU membership.
Currently, in a move that has been largely overshadowed by continuing sleaze revelations, the UK Government is taking forward a Bill that will emasculate the Electoral Commission, removing its prized independence and giving control over crucial elements of its remit to the Government.
Critics of the Bill say it gives unprecedented and unchecked power to the Government over elections in two ways; first, by empowering ministers to set both the agenda and purview of the commission, and second, by enabling the minister for the Cabinet Office to change which organisations and campaign activities are permitted a year before any election in the UK.
They say ministers will be able at a stroke to ban whole sections of civil society, including unions and charities, from engaging in elections by campaigning or donating.
The Cabinet Office brushes such criticism aside, saying the Bill is a “necessary and a proportionate approach to reforming the Electoral Commission while respecting its independence”.
But Jess Blair, director of the Electoral Reform Society Cymru, said: “The UK Government’s Elections Bill amounts to a power grab. This move threatens the independence of our elections watchdog and raises serious questions about its ability to fulfil its role in protecting our elections from fraud and abuse.
“At a time when people are questioning the integrity of our political system, our democracy needs protecting not undermining. The UK Government seriously needs to pause and rethink this alarming Bill.”
Chris Bryant, the Labour MP for Rhondda who chairs the House of Commons Standards Committee, said: “We have very few checks and balances in the British political system.
“When a government wins a majority in the House of Commons, it’s a game where the winner takes all.
“The Electoral Commission is one of the few bodies with limited teeth, which is why it’s important not to remove all its teeth.”
Mr Bryant said he had no doubt that the UK Government’s game was to “dismantle” anything which said “boo” to it.
As Ms Blair and Mr Bryant suggest, the Elections Bill is taking us in exactly the opposite direction to the one we should be following.
Despite the greater openness that PPERA brought to our election system, there’s the need to go further.
Transparency International argues that the further reforms needed are three-fold:
“Firstly, we need to end the dominance of big money in UK politics. Caps on donations, lower national spend limits, and greater transparency over the source of funds over £500 would go a long way to achieving this.
“Second, we need to prevent foreign entities being able to influence our parliamentarians by more closely controlling and monitoring who pays for their overseas visits.
“And thirdly, we need to shine a light on dark money in our political system. Companies should only be able to contribute to political parties if their donations come from genuine business activity.”
With the continuing sleaze revelations relating to the conduct of a minority of MPs, the awareness that foreign powers have been involved in trying – and in some cases succeeding – to undermine our democracy and the knowledge that dark money has been used to influence public opinion, we need an independent Electoral Commission more than ever as a bulwark against malign forces.
Unfortunately, because of the size of the current UK Government’s majority, it seems most likely that those who want to destroy the Electoral Commission’s independence will win the day.
That will be a sad occasion indeed. But if those opposing such change can’t win the vote in Parliament, they’ll have to be prepared to mobilise support outside before the worst of the negative scenarios made possible by the Electoral Commission’s emasculation comes to pass.