Representation of the People (Variation of Election Expenses and Exclusions) Regulations 2024

Lord Khan of Burnley Excerpts

Tuesday 19th March 2024 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, I add to what my noble friend Lord Rennard said just a few brief comments. First, on the timing, I note that when the committee considered this, the Minister in the Commons said:

“I will be perfectly frank … we could have delayed this until after the elections in May”.—[Official Report, Commons, Third Delegated Legislation Committee, 5/3/24; col. 6]


The Government should at least have asked themselves: how does this looks to a cynical public? Why rush it in just after it has been announced that they have received some huge donations? It looks like last-minute changing of the rules in favour of the Government.

I declare an interest as a Liberal Democrat. I recall the Electoral Commission commenting some years ago that we had a much larger number of donors to our party than the Conservative Party but, of course, a much smaller total of what had been given, because our donations tend to come, at best, in £5,000 or £10,000 chunks, rather than in chunks of £1 million or £2 million or more. It looks bad.

Secondly, as my noble friend has said, the Committee on Standards in Public Life report has been on the table for some time now. It is clear that the political parties ought to be coming to a consensus on what to do about that and what to set as a limit. I am sorry that the Government have not moved in that direction. I very much hope that, immediately after the next election, whatever Government come in will move on that.

Thirdly, we have a severe problem with public confidence in our democratic politics and it is a shame that the Government are not addressing this. The sense that money counts in political campaigns is part of the worry. The whiff of corruption that comes with donors being seen to be close to the Prime Minister, with big donations coming from companies that have made their money out of public contracts given by the Government—all of those things add to disillusionment with our politics, which is fundamentally corrosive of our democratic system.

I add that we now have a right-wing television station that made a loss last year of £31 million but, in spite of making a loss, is paying over £1 million to Conservative and right-wing politicians. The £340,000 increase that my noble friend mentioned is almost exactly the sum that Jacob Rees-Mogg is receiving for the few hours a week that he puts in as a television presenter. That is all corrosive of public confidence in public life, and the Committee on Standards in Public Life is correct to say so.

This SI, coming now, adds to the sense that money is what counts in British politics. We look across the Atlantic and see what has happened in American politics as big money has taken over. We do not want that to happen here, and I deeply regret that this Government are moving in that direction.

[Lord Khan of Burnley (Lab)]

My Lords, I thank the Minister for her introduction to this statutory instrument. I offer my appreciation to the noble Lord, Lord Rennard, for his eloquent speech and detailed analysis before the House today.

The Minister will be glad to know that these Benches support the implementation of Regulation 4 of the instrument. It would be wrong for expenses incurred to protect candidates, their families and supporters to be seen as part of the cost of campaigning, and it would set a dangerous precedent if candidates requiring extra security had to forgo elements of their campaign simply to feel safe. I say that as a Member of your Lordships’ House who has unfortunately faced death threats to me and my family in recent months. I totally understand the need for parliamentarians to exercise all security measures in order to do their job and serve.

This instrument stops an obvious injustice in our electoral expense law, but our response to candidates feeling unsafe cannot simply be to tell them to open their pockets and hire security. The Government must make sure that adequate resources are in place to ensure that candidates feel secure without needing to spend their own money.

I turn to another significant part of the instrument relating to the increase to election expenses in Greater London Authority elections and local authority mayoral elections. The noble Lord, Lord Rennard, dissected the issue using percentages and statistics to a profound effect. The point that election expenses have remained the same since the introduction of mayoral elections in the year 2000 has rightly been made loud and clear by noble Lords. Sadly, that figure has failed to be updated in line with inflation. It was used during the last mayoral election, 21 years after it was introduced. I understand that a significant increase is expected, given that the limit has been untouched for 24 years.

I hope that the Minister recognises why we need to ask questions about why we are raising the limit by over 80% less than two months out from the elections. The real reason why we are seeing this rise in the proposed figures is the compound failure by successive Tory Chancellors to get inflation under control. The reality is that we have seen a huge rise in inflation under this Government.

We do not intend to oppose this instrument outright, but I hope the Minister agrees that this rise does not reflect the reality that people are seeing in their day-to-day expenses. I hope she also agrees with me that future Governments should not wait until six weeks before an election to carry out an increase that is 24 years late.

The noble Lord, Lord Wallace of Saltaire, made an interesting point about election spending across the Atlantic. In 2018, after the midterm elections, I visited Capitol Hill and spoke to a Congressman. As I was congratulating him on winning his election, he said, “Well, I can’t take too many congratulations because I have to start fundraising for my next election”. This increase in the region of £19 million to £36 million is bringing money into our politics like never before. That means a lot of people are spending time fundraising when they should be serving their communities.

I hope the Minister reflects on those points and tells us when the periodic review will be for the next uplift in expenses. Will we have to wait another 24 years for a decision, or will we get told six weeks before the next set of mayoral elections? I look forward to the Minister’s response.

[Baroness Scott of Bybrook (Con)]

My Lords, I thank noble Lords for their contributions. They have made a number of points and I will try to respond to all of them. First, I say to the noble Lord, Lord Rennard, that I remember Andrew Pennington; I remember the case and I am really sorry. To the noble Lord, Lord Khan, I say that nothing changes, does it? The noble Lord and his family are still getting death threats, which is totally unacceptable in a country as democratic as ours.