Peers defeat government over ‘repugnant’ threat to election watchdog’s independence

Lords votes against plan to give ministers powers to set Electoral Commission’s priorities

Boris Johnson and wife Carrie at 2021 local elections (PA)

Boris Johnson’s government has been handed another damaging defeat in the Lords, where peers have voted against a plan which undermines the independence of the election watchdog, according to critics.

The Lords backed by 265 votes to 199 – a majority of 66 – a move to strip out controversial parts of the Elections Bill relating to the autonomy of the Electoral Commission.

It follows concerns over measures contained in the Elections Bill that would hand the government new powers to set the regulator’s strategic priorities.

The Electoral Commission has itself warned against the move – arguing that it would enable ministers to shape how electoral law applies to their own party and political opponents.

The influential crossbench peer Lord Judge described it as a “repugnant” attempt to interfere in the electoral process, while Tory peer Lord Young said it was “disrespectful of the ground rules of our constitution”.

Labour frontbencher Baroness Hayman said the move “would allow political interference in the regulation of our elections … this simply cannot be allowed to happen”.

Naomi Smith, chief executive of the campaign group Best for Britain, warned that any attempt to oversee the elections watchdog was “like putting a fox in charge of the henhouse”.

She added: “The Lords have given MPs another chance to decide whether they support free and fair elections – or whether they’re willing to give a greater sense of impunity to a government already guilty of breaking their own laws.”

Peers have already voted against an equally controversial plan to introduce photo ID for voters in elections.

A coalition of organisations including Fair Vote UK and Liberty have urged the government not to reinstate that clause – arguing that it could turn millions of people away from polling booths.

The latest government defeat sets the stage for a series of legislative tussles between the Lords and Commons – where the government still has a large majority – as the clock ticks down towards the end of the parliamentary session.

On Monday evening MPs voted 300 to 220 – a majority of 80 – to reinstate moves to crack down on noisy protests to the controversial Police, Crime, Sentencing and Courts Bill.

Peers have repeatedly dug their heels in and pressed for the controversial curbs to be stripped from the legislation – but the Commons restored the words to home sceretary Priti Patel’s bill for a third time.

The measures would give police in England and Wales more powers to impose conditions on non-violent protests judged to be too noisy, and thereby causing “intimidation” or “distress” to the public.

But peers are now expected to attempt a last-ditch attempt to remove the noisy protest ban from the policing bill on Tuesday ahead of the Thursday’s deadline for the bills to be signed into law.

The government was challenged to provide evidence of the need to prevent noisy protests. Labour’s shadow Home Office minister Sarah Jones asked: “Where is the evidence that residents have asked for this change in legislation?”

Home Office minister Kit Malthouse could be heard shouting “see my inbox” during the debate on the policing bill on Monday.

Mr Malthouse said the Lords had “no democratic mandate” to continue to try to block reform of protest law, adding: “There is a more fundamental issue at stake – namely upholding the primacy of this elected House in our constitutional arrangements.”

Sam Grant, head of policy and campaigns at Liberty, said MPs had again voted to “strike at the heart of what makes protest effective”.

He added: “Peers have voted three times to ditch the plans to shut down noisy protests, and this week must once again make it clear that this assault on our rights will not be tolerated.”