The elections watchdog has urged the government not to give ministers a greater say in its work, saying plans to do so would seriously undermine its independence and could affect confidence in the wider electoral system.
In a strongly worded and highly unusual public letter, the Electoral Commission said provisions in the elections bill for ministers to draw up a new “strategy and policy statement” – which the watchdog must take account of – had no precedent in comparable democracies.
“It is our firm and shared view that the introduction of a strategy and policy statement – enabling the government to guide the work of the commission – is inconsistent with the role that an independent electoral commission plays in a healthy democracy,” the letter said.
“This independence is fundamental to maintaining confidence and legitimacy in our electoral system.”
The letter was signed by the full board of the commission, representing all four UK nations, with the exception of Conservative peer Stephen Gilbert, the party’s representative on the board. The House of Lords is now considering the bill.
Ministers have insisted that the provisions will not amount to interference. However, critics and opposition parties have labelled the idea an attempt to neuter the organisation and stop it looking too closely at areas such as party funding.
In the letter, the commissioners said the plan would compel the watchdog “to have regard to the government’s strategic and policy priorities and to help the government to meet those priorities … It would thereby provide a mechanism, driven by the then governing party, enabling that party’s ministers to shape how electoral law is applied to them and their political competitors.
“While the stated position of the current government is that it would not intend to use these powers to impact on the commission’s independent oversight and regulation of the electoral system, no such assurances can be given about how the broad scope of these powers would be used over time.
“The statement has no precedent in the accountability arrangements of electoral commissions in other comparable democracies, such as Canada, Australia or New Zealand.”
The idea of the strategy and policy statement was drawn up by the Cabinet Office under Michael Gove. Responsibility for the elections bill has moved with Gove to the Department for Levelling Up, Housing and Communities.
Writing to Gove and other ministers in the new department, the commissioners urged them “to think again about these measures”, and instead work with the existing Speaker’s Committee on the Electoral Commission, a cross-party group.
“Strong accountability is essential for this, but so too is demonstrable independence,” they wrote. “The commission’s independent role in the electoral system must be clear for voters and campaigners to see, and preserved in electoral law.”
The elections bill contains a number of other controversial elements, not least plans to oblige anyone who votes in person at a general election across the UK, or in local elections in England, to show photo ID first.
While ministers argue that this is necessary to prevent voter impersonation, critics say the plan is an illiberal and expensive overreaction to an almost nonexistent problem and could put off many thousands of people from voting, with some likening it to US Republican-style voter suppression tactics.
The levelling up and communities department said: “We completely disagree with the Electoral Commission’s claims about the elections bill – our reforms will not affect their operational independence.
“The Pickles review on electoral fraud was clear that reforms were needed to improve accountability. Making the Electoral Commission more accountable will strengthen the integrity of the electoral process and help prevent fraud.”
