Electoral Commission submit to the CSPL

05/08/2020 News, Uncategorized

This week the Electoral Commission published their submission to the Committee on Standards in Public Life’s (CSPL) review of electoral regulation. You can read a summary and the full submission here.

The CSPL’s inquiry is looking specifically at the regulation of electoral finance and the role – strengths and weaknesses – of the Electoral Commission. It was a similar review by the CSPL that led to the creation of the Electoral Commission and our current regulatory framework in 2000. 

This is a very important and hopeful moment!

Fair Vote UK are delighted to announce that the Electoral Commission’s submission has independently echoed many of the recommendations that we’ve been campaigning for over the last few years.

The Electoral Commission rightly identified transparency, proportionality and enforceability as the principles that should govern the UK’s regulatory regime.

Current weaknesses were identified as: 

  • A lack of transparency (especially in the digital sphere); 
  • A legal/prosecutorial framework that is disjointed, confusing and in need of rationalisation;
  • Weak deterrence capabilities.

 

These all echo points made in our report: Defending our Democracy in the Digital Age, published by Fair Vote UK in January.

Their submission rightly reminded us that though the Electoral Commission is a respected and world renowned election regulator, it needs an updated mandate and the necessary resources to be able to do their job in an election landscape that has changed dramatically in the past 20 years. 

In short, it needs more teeth. With a few tweaks this is very achievable!

Their submission expressed a desire to be able to work faster, audit non-political organisations (such as tech companies), work more closely with the Information Commissioner’s Office & police and have their deterrence capabilities boosted (with the upper limit of fines lifted from £20,000 to £500,000). Fair Vote UK made similar recommendations in January and we re-indorse them again now. Reforms along these lines would bring the Electoral Commission’s powers in sync with similarly sized UK regulators. 

We also welcome the announcement that the Electoral Commission plans to build “in house” prosecutorial functions. This reform would simplify the currently incoherent system, ease the burden on police/public prosecutors and allow the Electoral Commission to utilise their expertise and specific focus.

Fair Vote UK will be submitting our own evidence to the inquiry soon, as well as a joint submission with Open Rights Group specifically focussed on the important but overlooked question of valuing datasets. We will again be reiterating many of the points raised by the Electoral Commission.

These are promising times!