The elections watchdog has made a last-gasp plea to the government to drop a planned power-grab, warning it has “no precedent” in western democracies.
The shake-up – enabling ministers to set the Electoral Commission’s “strategy” – would see ministers able to “influence the operational functions and decision-making”, it has protested.
The plan, in the Elections Bill, has “no precedent in the accountability arrangements of electoral commissions in other comparable democracies”, a letter states.
The legislation – which goes to the Lords this week – will give ministers the power to set the remit of the commission and decide which organisations and activities are permitted in election campaigns.
It comes after the watchdog angered No 10 by investigating the funding of the lavish refurbishment of Boris Johnson’s Downing Street flat, by a Tory donor.
The commission has been threatened with curbs ever since it embarrassed senior Tory figures by fining Vote Leave for busting spending limits for the Brexit referendum.
The organisation has also raised the alarm over the way it will be stripped of prosecution powers, warning of the risk that lawbreakers will escape punishment.
In its letter, sent to the levelling up secretary Michael Gove, the commission warns the Elections Bill flouts the good practice code of the Venice Commission, of which the UK is a member.
It states: “Only transparency, impartiality and independence from political motivated manipulation will ensure proper administration of the election process.”
The letter reads: “The commission’s accountability is direct to the UK’s parliaments and should remain so, rather than being subject to government influence.”
And it adds: “The commission’s independent role in the electoral system must be clear for voters and campaigners to see, and preserved in electoral law.”
The Cabinet Office insists the changes are a “necessary and a proportionate approach to reforming the Electoral Commission while respecting its independence”.
But critics have warned ministers will, at a stroke, be able to ban trade unions and certain charities from taking part in elections by campaigning or donating.
The Bill sailed through the Commons – with its huge Conservative majority – but faces a buffeting in the Lords, where independent peers share the commission’s fears.
In its letter, ministers are warned the bill is “ inconsistent with the role that an independent electoral commission plays in a healthy democracy”.
“This independence is fundamental to maintaining confidence and legitimacy in our electoral system,” it states.
In December, John Pullinger, the commission’s head, criticised the refusal to beef up the level of fines it can impose for wrongdoing from just £20,000 to a recommended £500,000.
And, on the plan to remove the power of criminal investigation and prosecution, the commission chair asked: “The key to me is, well, who is going to have it?”
But a Department for Levelling Up, Housing and Communities spokesman said: “We completely disagree with the Electoral Commission’s claims about the Elections Bill - our reforms will not affect their operational independence.”
