(5 years, 4 months ago)
Commons ChamberTransparency around spending on campaigning at elections helps voters to have confidence that campaigners follow the rules and limits on spending. Earlier this week, the Electoral Commission presented to Government statutory codes of practice on candidate and political party spending. If enacted, these codes will provide further clarity and consistency in reporting election spending, including on digital campaigning.
I thank the hon. Lady for that answer. That concurs with reports from the Select Committee on Digital, Culture, Media and Sport and the Electoral Commission, which are clear that the law on digital political advertising badly needs updating. Some people have called for a database of online political ads, giving full information on content, target and reach, and spend. That should guarantee transparency. Is the hon. Lady aware of measures being taken to reform the law, and does she share my concern that so many people from Vote Leave who abused the system are now in the UK Government?
The social media companies’ voluntary ad libraries and reports are useful tools in monitoring who is spending money on elections and other political campaigning. In its response to the online harms consultation, the commission recommended that the new regulator ensure common standards and obligations on what social media companies publish about political adverts and that there be significant sanctions if companies do not publish meaningful information.
Following the exoneration of Darren Grimes in a recent court case, what confidence does the Speaker’s Committee on the Electoral Commission have in the commission?
In the past four years, the commission has carried out approximately 450 investigations into a variety of electoral offences. The results of five of these have been challenged in the courts, and the recent appeal is the only challenge that has been upheld. The commission will review the full written detail of the judgment once it is made public, before deciding on next steps, including any appeal.
(5 years, 7 months ago)
Commons ChamberWhile the commission’s remit does not include increasing participation in elections, it has an important duty to promote awareness of elections. The commission’s campaign for this year’s local elections saw over 570,000 applications, exceeding its target by 36%. Its campaign relating to the European parliamentary elections ended on Tuesday, and it saw a further 539,206 people apply to register. The commission also works to make improvements to the registration system itself. It is supporting the UK Government in their work to reform the canvass, and later this year it will publish the findings of feasibility studies examining how publicly held data could be used to improve the registration system.
I thank my hon. Friend for that answer, but does she agree that we have seen a serious decline in registration activity? The number of young people registering in time for the Euro elections has been pitiful. The fact of the matter is that we can go digital and do all that stuff, but it used to be about knocking on someone’s door and checking that they were on the register, and that is what really worked.
My hon. Friend will know that the commission wants as many people as possible to be registered to vote and able to participate in our democracy, but he is right to point out that young people are far less likely to register to vote than others. I will make sure that the commission is aware of his concerns and takes account of what he said as its research work continues in this area.
Can the hon. Lady outline any discussions that have taken place regarding the ability to vote online and any security advice that has been sought with regard to that proposal?
I am not able to provide any recent updates, but I will ensure that the Electoral Commission contacts the hon. Gentleman to discuss his interest in that area.
The commission carries out regular assessments of the completeness and accuracy of the electoral registers, including how levels of voter registration vary by demographics such as age and ethnicity. The most recent published assessment found that, across Great Britain, 85% of eligible people were correctly registered, and 91% of entries on the register were accurate. The commission’s next study, on the December 2018 registers, is due to be published later this year.
Before every election, the Electoral Commission runs an advertising campaign to get people registered, and it judges the effectiveness by the number of downloads of registration forms. Those advertising campaigns have cost as much as £90 per download. Bite The Ballot, an organisation that recruits young people in schools, can have a 100% success rate in going into sixth forms and getting people on to the electoral register, and it can do that for 25p a time. Will my hon. Friend take that back to the Electoral Commission and ask it to have service level agreements with Bite The Ballot and other organisations that have an effective record on registration?
I am grateful to my hon. Friend, who I know has a keen interest in ensuring that people are registered to vote. The commission does not currently have service level agreements with other organisations. Instead, it collaborates through informal partnerships. The commission has a responsibility in law to raise awareness. There is plurality in the system, and that is its strength. However, I am sure that officials from the commission would be happy to meet my hon. Friend to discuss what more can be done in this area.
Has the commission made any assessment of the registration of EU citizens to vote in the European Union elections that are about to take place, and whether it would be appropriate for them to be able to take to polling stations on 23 May the form that they are required to have handed in by 7 May if they want to vote in those elections in the UK?
Following the 2014 European parliamentary elections, the commission did identify that the law needed to be simplified so that EU citizens from other member states might register to vote in the UK. However, following the EU referendum, the UK Government made it clear that the parliamentary elections to the European Parliament in 2019 would not take place, and therefore the commission did not continue to develop any further recommendations in this area.
The commission believes that there is an urgent need for simplified and modernised electoral law. It has submitted evidence to the recently announced inquiry on electoral law by the Select Committee on Public Administration and Constitutional Affairs. The commission is concerned that a piecemeal approach to electoral law reform will increase complexity and inconsistency. As part of these reforms, it wants legislation to improve the transparency of digital campaigns, to bring greater alignment between party and candidate regulatory frameworks, and to strengthen the impact of its sanctions.
Does the hon. Lady share my concern that electoral law was broken in the EU referendum, the close result of which must now be questioned? Given that the Tories in Scotland were fined £400 by the Electoral Commission over a £100,000 dark money donation in the weeks before the 2016 Holyrood election, does she not agree that penalties for breaking electoral law must be urgently reviewed to ensure that they are fit for purpose and genuinely deter those minded to cheat?
The commission continues to urge each of the UK’s Governments to introduce legislation to strengthen its sanctioning powers. Its view is that the penalties need to be more proportionate to the income and expenditure of parties and campaigners.
Electoral law is far too important to play party politics with, in my view. I have the pleasure of serving on the Public Administration and Constitutional Affairs Committee. I also served on the independent commission on referendums and their rules, run by the Constitution Unit. In its report, which was very comprehensive, we made a number of recommendations for changes to the law. May I ask the hon. Lady whether she has read that report, what she thinks of those recommendations and whether she, like me, would encourage the House to look at them urgently and pass them into law?
I am grateful to the right hon. Lady, who raises an important point. Many of those recommendations are in alignment with the views of the Electoral Commission in urging change. She will know that the Government have indicated that they intend to bring forward changes to digital imprints for online campaigning, which will be an important step forward. I am sure that the commission would be grateful for any action she took to urge Ministers to bring forward that legislation as quickly as possible.
(5 years, 8 months ago)
Commons ChamberIt is vital that there is no foreign interference in the UK’s elections, and transparency about who is spending money to influence voters is an essential safeguard. The Electoral Commission monitors party donations and campaign spending to ensure that the laws on foreign influence have not been broken. Where there are specific allegations that the UK’s political finance law has been broken, the commission can investigate, issue civil sanctions and refer cases to the police or the National Crime Agency for criminal investigation.
I thank my hon. Friend for that answer, but from previous questions from my hon. Friend the Member for Aberavon (Stephen Kinnock) she will be aware of Russian influence. We know that that influence is happening and has happened. Many of us worry that we are not well enough organised to identify it. When can we get a coalition with GCHQ and security services that will reassure Members that interference, which we know is going on, can be stopped?
My hon. Friend raises an important issue. The Electoral Commission’s regulatory remit is confined in law to UK-based parties and other campaigners. It liaises with the UK Government and security services, working to ensure that our elections are free from foreign interference and to address the issue of threats to our democracy. Those questions might be well addressed to Government Ministers.
The hon. Lady has a unique relationship with the Electoral Commission; I perversely do as well now, and I have fast-track communication with it. I have lots of complaints about the Electoral Commission, but I raise one small thing. Let us try to repair the organisation one step at a time. Can we insist that it dates all its guidance and documents in the bottom left-hand corner, as we do in any other part of Government? Whether it is Her Majesty’s Revenue and Customs or Department for Environment, Food and Rural Affairs, there is always a date, but that is not always the case with Electoral Commission documents. Let us please just put that right.
I understand the hon. Gentleman’s concerns. I am sure that the issues he has raised this morning will have been heard. I will ensure that the commission responds in full to the issues he has raised.
This is a growing area of concern. In its recent report on digital campaigning, the Electoral Commission recommended greater transparency on the sources of digital campaign materials and those paying for them and that the commission should be given greater powers to compel information from social media companies.
The commission found Vote Leave guilty of multiple breaches under electoral law and imposed fines of £61,000 in July 2018. Vote Leave made representations to the commission in June 2018, when it was notified of the commission’s proposals for penalties. The commission considered these representations carefully, in accordance with its published enforcement policy, before deciding on the penalties to be imposed. Vote Leave took up its right of appeal to the county court, and the appeal is listed for July 2019.
The Leave campaign was found guilty of sending almost 200,000 unsolicited texts to numbers it had harvested from a football competition with odds of 5 million, million, billion to one. Anyone who is good at trillions can tell me at the end. In view of the threatened economic damage from Brexit, does the hon. Lady really think that a fine of £40,000 is enough to put others off?
The Electoral Commission works closely with the Information Commissioner and others in making sure that our rules are followed, but the Electoral Commission, in terms of its responsibilities, continues to urge the Government to introduce legislation to strengthen its sanctioning powers for future referendums and elections. Its view is that the current maximum fine of £20,000 per offence could well be seen as the cost of doing business.
(5 years, 10 months ago)
Commons ChamberThe Electoral Commission has ongoing dialogue with the Northern Ireland Office as the lead Department on the transparency of donations received by political parties in Northern Ireland. Copies of the relevant correspondence will shortly be placed in the House of Commons Library. The commission continues to urge the UK Government to bring forward additional secondary legislation to allow the publication of donations from January 2014 onwards, as envisaged by the original primary legislation.
The Select Committee on Digital, Culture, Media and Sport’s interim report into “Disinformation and ‘fake news’” rightly criticised the shadowy and secretive Constitutional Research Council for having
“deliberately and knowingly, exploited a loophole in the electoral law to funnel”
£435,000 to the Democratic Unionist party during the EU referendum. The source of that money remains a secret and is beyond the scrutiny of both this Parliament and the public. Will the hon. Lady add her voice to those on the Select Committee and the Electoral Commission in calling for the publication of the source of that money?
I fully understand the hon. Gentleman’s frustration. However, the law requires the Electoral Commission to keep confidential all information about political donations and loans in Northern Ireland before 1 July 2017. The commission therefore regrets that it is unable to disclose information and its own work in fulfilling its statutory duties to give confidence to the public, parliamentarians and others.
The Electoral Commission has stated:
“We continue to urge the UK Government to bring forward additional legislation to allow the publication of donations from 2014 onwards.”
It is astounding that this Government refuse to allow those donations to be published, so will the hon. Lady call on the Government to remove the shield from those responsible for dark money?
The hon. Lady is right to add her voice to that of the hon. Member for Argyll and Bute (Brendan O’Hara) in expressing frustration. I can only reiterate the Electoral Commission’s position, which is that it is unable fully to disclose information in this regard. However, it is for the UK Government to bring forward further legislation, should they so wish, to make such information available,
(5 years, 11 months ago)
Commons ChamberThe Electoral Commission has ongoing dialogue with the Minister for the Constitution, and it has raised the need for a significant increase to its current maximum fine of £20,000. That will ensure that sanctions are proportionate and provide a genuine deterrent.
We have heard about dark money being involved in elections and the Brexit vote, including the controversial £435,000 donation channelled via the Scottish Tory candidate, Richard Cook, and the Constitutional Research Council to the Democratic Unionist party. The source of that donation is still unclear. My hon. Friend the Member for Argyll and Bute (Brendan O'Hara) has written to the Electoral Commission to ask for due diligence on that case to be published. Can the hon. Lady advise when that will happen?
In its recent report on digital campaigning, the Electoral Commission recommended greater transparency around the source of such donations, and proposals have been set out. I am sure that officials from the commission will be happy to discuss the matter further with the hon. Gentleman or his hon. Friend.
With respect to the hon. Lady, the Labour party was fined a record amount for failing to declare donations during the 2017 general election. The current shambolic state of affairs in this place means that even if an election is not probable, it is at least possible. I heard the hon. Lady’s answer about increasing fines, but may we have a debate about increasing such fines much higher than £20,000? In that way, political parties would be generally dissuaded from taking such action as it would exceed the cost of doing business.
The Electoral Commission has repeatedly warned that the ability to fine campaigners a maximum of only £20,000 could increasingly be seen as the cost of doing business, and it continues to urge the Government to introduce legislation to strengthen its sanctioning powers for future electoral events.
Transparency in printed literature is partly ensured by the necessity of having an imprint. In my recent report for the Centre for Policy Studies, I argue that digital literature should also have an imprint. Does the Electoral Commission agree?
The Electoral Commission has called for imprints to follow for digital material as they would for printed material. I am sure that officials from the commission will be happy to discuss the matter further with the hon. Gentleman, and we welcome any steps that he can take to urge the Government to take further action in that area.
Our electoral integrity is so important: when people vote we must ensure that they are exactly who they say they are. Since 2003 Northern Ireland has had photographic identification. What does the Electoral Commission feel about strengthening the situation as regards voter integrity?
The commission completed independent evaluation of the May 2018 voter ID pilot trials, and it published details on that analysis and the background data in July 2018. It found that the trials worked well, but it highlighted the need for more evidence in that area. As 3.5 million electors may not have the type of identification required, the commission continues to recommend that electors should be able to apply for a voter card free of charge, as is the case in Northern Ireland.
The commission has the expertise, experience and a proven track record of delivering well-run elections and referendums at short notice. It maintains contingency plans to ensure it has made all appropriate preparations to deliver a referendum, should there be one.
(6 years, 2 months ago)
Commons ChamberThe Electoral Commission has ongoing dialogue with the Minister for the Constitution and has raised the issue of the cap on its ability to levy proportionate fines. The commission would like its maximum fine to be increased to a level that provides a genuine deterrent to campaigners who may be tempted to break the UK’s political finance laws.
I thank the hon. Lady for that answer and welcome that response. The Scottish National party is the only major party never to have been fined. As the hon. Lady pointed out, the Electoral Commission has complained that the fines issued to other parties did not match their crimes. Yesterday, my hon. Friend the Member for Perth and North Perthshire (Pete Wishart) asked the Prime Minister about the clear breaches of electoral law in the EU referendum. When does the Committee expect tougher legislation to be introduced to prevent the Vote Leave-type of misconduct from happening again?
The hon. Gentleman is right to highlight the fact that the commission has repeatedly warned that the ability to fine campaigners a maximum of only £20,000 per offence could increasingly become seen as the cost of doing business for well-resourced political parties and campaigners. The Minister for the Constitution wrote to the commission in response to its recent report on digital campaigning and said that the Government would carefully consider the recommendation. The commission continues to urge the Government to introduce legislation to strengthen its sanctioning powers for future elections and referendums.
Last year, figures from the Electoral Commission showed that there were very few cases, or indeed allegations, of electoral fraud. Does that not demonstrate that the perception of electoral fraud is far, far greater than the actuality of electoral fraud?
My hon. Friend makes an important point. No one wants to see barriers put in place to participating in elections and referendums. The commission has been involved in looking at the pilots that were undertaken around voter ID in recent elections and it will continue to make recommendations to Government to make sure that all people are able to take part in elections.
My constituents have asked me who the Electoral Commission is accountable to, because it seems to have completely ignored my constituents in the recent consultation on boundary changes.
Through the Speaker’s Committee on the Electoral Commission, the Electoral Commission reports to this House. I am sure that the commission will be happy to meet the right hon. Gentleman to discuss any concerns that he or his constituents may have on any issues of electoral law, but issues around boundaries are not within the remit of the Electoral Commission.
The instances of alleged frauds around Vote Leave are very high profile, but what more can be done to target local government elections, where often it feels on the ground that the spending limits are being breached and nobody is challenging this to ensure the integrity of local elections?
I am grateful to the hon. Lady for her question. There will be occasions where such matters are a matter for the relevant police force. I am sure that the commission would encourage anyone with evidence of misconduct or breaches of electoral law to make that report to the relevant authority. I am also sure that the commission would be happy to discuss any concern that she might have directly with her.
(6 years, 5 months ago)
Commons ChamberAfter the June 2016 referendum, the Electoral Commission recommended improvements to modernise electoral law. Recommendations covered the consolidation of referendum legislation, the regulated period, rules for campaigning and sanctions. The Commission also recently recommended changes to improve the transparency of digital campaigning at future referendums and elections. Further details can be found on its website.
I thank the hon. Lady for that answer. She is obviously aware that questions surrounding changes to the rules on elections and referendums are at the heart of some of the political reform debates that are currently occurring here and around the world. Is she aware that this week, the University College London Constitution Unit, under the leadership of Professor Meg Russell and Dr Alan Renwick, has published the results of the Independent Commission on Referendums, which has been sitting for the last nine months? Will the hon. Lady look at the recommendations in the report and see whether she can add those to the list of reforms that this House must consider before another referendum is held?
I am very grateful to the right hon. Lady for raising this issue. The Electoral Commission welcomes the report that she refers to and shares the view that the Government must take steps to modernise electoral law, especially on transparency and digital campaigning. It chimes with the Electoral Commission’s report on digital campaigning concerning areas such as misinformation, the misuse of personal data and overseas influence. I am sure that she will continue to impress on Ministers the need for action.
If the ultimate findings of the Electoral Commission investigation into law-breaking by the leave campaign are as serious as the version that was leaked disgracefully by the leave campaign, will my hon. Friend make it absolutely clear to the Electoral Commission that this House and the public will expect full criminal investigations by the police and the National Crime Agency into this alleged wrongdoing, so that the public can have confidence in the integrity of our referendum and electoral system?
The Commission has repeatedly called for an increase to the maximum penalty that it can impose on political parties and other campaigners for a breach of the rules. On the investigation that my right hon. Friend refers to, the Vote Leave organisation took an unusual step in sharing its views on the Electoral Commission’s initial findings. The Commission will give due consideration to any further representations made and will, at the earliest opportunity, publish a thorough and detailed closing report to provide a full and balanced account both to the public and to Parliament.
(6 years, 7 months ago)
Commons ChamberOn 12 March 2018, the Electoral Commission published the first information about political donations and loans in Northern Ireland following the necessary legislation coming into force. This gives details about donations and loans received from 1 July 2017. The Electoral Commission welcomes this transparency, but continues to urge the Government to bring forward additional legislation to enable transparency from 1 January 2014, as envisaged by the Northern Ireland (Miscellaneous Provisions) Act 2014.
I am grateful for that answer, because it confirms the clear view of the Electoral Commission that full transparency requires donations from 2014 to be fully declared, including the £425,000 donation that was effectively laundered through the good offices of the Democratic Unionist party, which was almost certainly raised in mainland Great Britain and almost entirely spent in mainland Great Britain. Will the hon. Lady tell us whose interests can possibly be protected by keeping that particular donation secret?
The law requires the Electoral Commission to keep confidential all information about donations and loans in Northern Ireland before 1 July 2017, and it is unable to make any comments about donations to the DUP prior to that point. However, it remains of the view that donations and loans from 1 January 2014 should be published and continues to urge the Government to bring forward the necessary legislation.
(6 years, 9 months ago)
Commons ChamberThe Electoral Commission has a statutory duty to monitor the political finance rules and take all reasonable steps to secure compliance with them. The amount of money spent on compliance measures fluctuates and tends to intensify around electoral events. The full range of this activity includes creating comprehensive guidance for parties, campaigners and candidates; engaging with parties directly; monitoring campaign activity; checking and publishing financial returns from parties; and the enforcement of the rules. In the 2017-18 financial year, the commission’s budget for its political finance and regulation directorate is £2.66 million.
I am grateful to the hon. Lady for that answer. Will she make the point to the Electoral Commission on our behalf that it is all very well to put these substantial extra compliance costs on to the political parties, but the commission is fully funded by the taxpayer, while political parties have to raise their own finances?
I am sure that officials from the Electoral Commission will have heard the right hon. Gentleman’s comments. The commission provides year-round advice and regularly engages with political parties, as he doubtless knows from his many meetings with the commission in his previous role as Chairman of his party. I am sure that it would welcome the opportunity to discuss any such suggestions with him again.
Following the disgraceful decision by the Government yesterday to keep secret the source of the £425,000 donation to the leave campaign via the Democratic Unionist party, meaning that the public have no idea where that money came from, what more can my hon. Friend and the Electoral Commission do to ensure that we have full transparency in our electoral and democratic system?
The commission welcomes the existing order, which will for the first time provide information about donations and loans received by parties in Northern Ireland. However, the commission also wants to see transparency in donations going back to 2014, as Parliament envisaged, and it would support the Government in laying a further order to provide for full transparency going back to 2014.
Charities and academics are warning the Government that the trials for compulsory voter ID this May could risk disenfranchising large numbers of vulnerable people. How will the Electoral Commission monitor these pilots, which are a disproportionate response to the scale of electoral fraud?
My hon. Friend makes an important point on the pilots that the UK Government are carrying out in the forthcoming elections. No one wants to see voters turned away from polling stations, but the extent to which voters in pilot areas are unable to vote on 3 May, and why that is the case, will be key elements of the commission’s statutory evaluation of the pilot schemes. I am sure that the commission will want to hear directly from anyone who finds themselves affected as a result.
(6 years, 10 months ago)
Commons ChamberThe Electoral Commission reported on political finance regulation at the June 2017 general election in November 2017. It highlighted important areas for the Government and Parliament to improve election law and transparency in political finance. The commission’s recommendations include increasing the maximum penalty that it can impose for a breach of the rules, extending the imprint requirement for campaign materials to include online campaigning, and changing the law to allow for transparency of political donations in Northern Ireland.
After the 2015 general election, the Tory party, the Labour party and the Liberal Democrats were all fined for misreporting election expenses, and the Liberal Democrats continue to play fast and loose with how they allocate expenses between local and national campaigns. Does the hon. Lady agree with the Electoral Commission that the fines are no longer suitable, and that urgent action must be taken to ensure that the penalty matches the crime?
The hon. Gentleman is right to draw attention to the commission’s recommendation to increase the maximum penalty that it can impose on political parties and other campaigners for a breach of the political finance rules. There is a risk that a maximum fine of £20,000 per offence could be seen as the cost of doing business, and the commission’s view is that monetary policy should be more proportionate to the income and expenditure of larger and well-funded campaigners.