Elections Bill

Lord Stunell Excerpts

2nd reading
Wednesday 23rd February 2022 Lords Chamber

[Lord Stunell (LD)]

My Lords, it is a great pleasure to follow the noble Lord, Lord Willetts, and I very much endorse his remarks. I extend my congratulations to the noble Lord, Lord Moore, on his very witty and thoughtful speech.

This is a pivotal debate on a Bill where there is much at stake. A number of speakers have talked about ways in which the playing field may be tilted one way or another, but I want to concentrate on what is happening to the referee—the Electoral Commission. Are the Government going to press forward with measures which will throw away the UK’s reputation as a staunch upholder of sound democratic best practice and move another step towards undermining public trust in the integrity of our electoral system, or will they instead take a deep breath and pause to rebuild a consensus for legitimate reform to reinvigorate our democracy? The noble and learned Lord, Lord Judge, made the case for this with tremendous eloquence and power at the start of our debate.

I am a member of the Committee on Standards in Public Life—CSPL—and serve as one of the three political members of that committee, alongside a majority of independent members under the chairmanship of the noble Lord, Lord Evans of Weardale. Much of what I intend to say is drawn from my experience on that Committee. It was the body that in 2000 first recommended the creation of a fully independent election regulator, which lead directly to the formation of the Electoral Commission. The committee has asserted ever since that a fundamental characteristic of the commission was and had to be its independence from political interference, let alone its domination or redirection by one particular political party. The committee expressed that in our report Regulating Election Finance last July, which said that

“it is imperative that there exists a strong, independent electoral regulator. For the electoral system to be fair and to be seen to be fair, and to command the confidence of political parties and the public, it must be overseen by an independent regulator, protected from political pressures and separate from the government. Such a regulator must demonstrate its impartiality and effectiveness at all times”.

Far from trimming down the Electoral Commission’s independence and remit, our report also recommended,

“a focus on increasing the effectiveness of the system for securing compliance with election finance law,”

It included recommendations among others to:

“Give the Electoral Commission additional powers … to impose more proportionate and meaningful sanctions”


and to—

“Transfer responsibility from the courts to the Electoral Commission for granting permission to parties, non-party campaigners and referendum campaigners to pay late invoices or bills from suppliers.”

Those and other measures which I have not quoted are proposed by the committee to enhance the working of the Electoral Commission as a strong independent regulator, as part of a package of robust measures to strengthen our democracy.

In more normal times, the Government of the day, on receipt of such recommendations from the CSPL, would seek to find as quickly as they could a legislative slot to implement them. That is what has always happened before, when the CSPL has made recommendations about the Electoral Commission. Instead, we have this Bill, which undermines the commission’s central function and leaves it beholden to the best interests of the party in power. The noble and learned Lord, Lord Judge, made that point with greater eloquence than me. We might expect to see that kind of thing to be reported from Belarus perhaps, or from Russia certainly, but surely not from Britain. This is not a minority view. The Conservative-led Public Administration and Constitutional Affairs Committee in the other place said bluntly:

“We recommend that Clauses 13 to 15 of the Bill are removed”.


Those, of course, are the key clauses that would strike the fatal blow to the Electoral Commission’s independence.

Of course, the Government will say that they are a benign and well-meaning Administration, and any inference otherwise is an outrageous and partisan slur. However, we were only one general election away from having a radical left-led Government in Britain that the Minister would be all too ready to demonise and attribute the most ill-founded and evil motives to. Is the Minister confident that these powers, if incorporated as set out in the Bill now, would be good ones to have handed over to them? That, surely, is the test. I want to hear from him when he winds up that he clearly does agree that those powers should be in the Bill and that in future a left-led Government should be free to exercise the options that he says he is so self-controlled that he would never abuse.

The Bill is a depth charge placed under the Electoral Commission that threatens not just the commission but public confidence and trust in the whole functioning of the regulatory oversight of our democratic system. It is not simply a bad legislative package; it has actively displaced sensible proposals for reform, which are queuing up for implementation. The Government all the time are protesting that they have not the time to do the job properly. My noble friends and I will wish to return to many of these matters at subsequent stages of the Bill.