Amanda Milling:

The Electoral Commission is in place to help ensure there is a fair and regulated political system, but for too long it has been failing in its duties.

It’s time the Electoral Commission got its house in order, which is why the Conservative Party has submitted a response to the committee on standards in public life’s review into electoral regulation setting out several flaws with the commission’s current set-up and why it’s time to change.

It is right that there are systems in place to ensure political parties of all persuasions maintain standards within the law – but at present the commission is simply not fit for purpose. This review is the perfect opportunity for the Electoral Commission to right its wrongs and become more focused, more targeted, and more accountable.

Under its current arrangements the Electoral Commission is unaccountable with little outside challenge or scrutiny over its decisions. There are party-nominated commissioners on the board of the Electoral Commission, who are often not consulted.

To add to this the commission often provides out of date guidance, unclear and conflicting advice to political campaigners. Despite having an unclear rulebook the commission is only too willing to push for the prosecution of political and party activists. And as we have seen in recent years this has led to lengthy and often unnecessary investigations.

Despite this the commission still wants powers to prosecute. After its botched handling of recent cases it cannot be allowed to mark its own homework. This must remain a matter for the police and the independent Crown Prosecution Service, overseen by the courts.

This attempt to give itself more powers, without recourse to the Government or Parliament, is exactly why there are serious concerns about the Electoral Commission’s lack of accountability, its strategy and its leadership. The commission should be focusing on improving its core functions, not trying to expand its empire. It has neither the capacity nor the competence to act as a prosecutor.

There is a fundamental conflict of interest if the body which provides operational advice and drafts guidance on the law, then has a role as an arbiter and prosecutor of that law. This is just the tip of the iceberg when it comes to the commission’s problems but forms the basis of why the Conservative Party is calling for the governance of the Electoral Commission to be reformed.

We propose that legislation is amended so that the Government would publish a regulatory policy statement, setting out the Electoral Commission’s remit and goals – as is seen with the energy and water regulators, Ofgem and Ofwat.

The commission should also take more guidance from the party-nominated election commissioners, especially in the development of guidance and broader operational policy. These nominated commissioners are experts in their field and their experience and expertise can and should be utilised.

This framework would allow for clear ministerial and parliamentary oversight, whilst providing a check and balance against election gerrymandering or conflicts of interest. If the Electoral Commission fails to make these changes and do the job it was set up to do then the only option would be to abolish it.

This wouldn’t leave political parties unchecked. The commission’s statutory donation/spending registration and reporting functions could be transferred to Companies House, who would retain civil sanction powers. Investigations of “national/ party” electoral fraud would be a matter for the police with scope to establish a specialist police arm, such as within a body like the National Crime Agency or within a lead police force – which would receive additional government funding for such functions. The commission’s broader policy, guidance and evaluation functions would be transferred to the Cabinet Office.

Reforming or abolishing would make certain there is a clearer strategic direction on the substance of electoral policy, whilst ensuring operational decisions are taken at arm’s length from the elected representatives who may be personally affected by them.

It is right that there are systems in place that ensure all political parties follow appropriate guidelines, but it is clear that the Electoral Commission is failing. We need an electoral regulator that is impartial and fair in order to ensure democracy is delivered within the law. Now is the time for the Electoral Commission to make changes to right its wrongs and become more accountable. If it doesn’t we will take the necessary action to put a fair and regulated system in place.