EU Referendum: Electoral Law

Caroline Lucas Excerpts

Tuesday 27th March 2018 Commons Chamber

[Caroline Lucas (Brighton, Pavilion) (Green)]

Would the right hon. Gentleman agree that the tone of the debate so far is incredibly disappointing? We are discussing something that goes to the very heart of our democratic processes. If the allegations in the report are correct, it shows that there is something rotten at the heart of our democracy, and it would behove the other side to take that rather more seriously, because it affects all of us and the credibility of our democracy.

[Tom Brake]

I could not agree more. I am sure that others will contribute to this debate—they may principally or exclusively be from the Opposition Benches—express their concerns about these allegation and ask that the matter be fully investigated in the way it deserves.

--- Later in debate ---

[Caroline Lucas (Brighton, Pavilion) (Green)]

I have to start by saying that it is truly shocking that Government Members do not seem to think that this debate is worth taking part in. The staggering hypocrisy of MPs—

[Sir Peter Bottomley (Worthing West) (Con)]

On a point of order, Mr Speaker. Will you confirm that listening is taking part in a debate? We do not have to speak to learn.

--- Later in debate ---

[Mr Speaker]

Perhaps we can now proceed with the speech of Caroline Lucas.

[Caroline Lucas]

I recognise that the Chair of the Digital, Culture, Media and Sport Committee has been doing some incredibly important work this morning. Notwithstanding that, I still make the case that there is staggering hypocrisy among a large number of MPs who promised to enhance democracy by leaving the EU, but who cannot even be bothered to turn up to talk about the potential radical undermining of our democratic processes. I find that genuinely quite breathtaking.

I start by paying tribute to the dedicated, fearless journalism of Carol Cadwalladr over the past year. She has led us to the extraordinary revelations that we are debating this afternoon.

Much of the discussion so far has been about the validity of the referendum vote itself, but I want to argue that this goes much deeper and wider than that single vote, vastly important though it is. The revelations by The Guardian, Channel 4 and others over the past few days go right to the heart of the kind of country we think we are living in. I argue that they demonstrate that current electoral law is woefully inadequate. I think they show that the regulation governing our democratic processes urgently needs to be updated and reformed. They show, I believe, that something is rotten in the state of our democracy.

The combination of big money and big data is overwhelming the chronically weak structures that are supposed to protect us against cheating and fraud. As others have said, we are trying to apply laws from the analogue era to the very different reality of the digital age, and it simply is not working. It took the Information Commissioner almost a week to get authorisation to get through the front door of Cambridge Analytica, during which time presumably the delete button had been pressed a great many times. The Electoral Commission, meanwhile, has been investigating claims of the misuse of electoral funds for almost a year. Why on earth do we not have rules that require donations to be reported in real time, and the same for spending? Why do we not have a body with more resources and real teeth? Things urgently need to change.

Electoral law is based on two fundamental principles. The first principle is that parties and candidates compete on what should be a level playing field in terms of resources, which is presumably why we have national and local spending limits in elections. The second principle is that elections are open and transparent, so parties and candidates have to be transparent in their communications with the voters and it is unlawful to make false claims in those communications. The allegations about the true nature of the relationship between Vote Leave and BeLeave suggest that there may well have been cheating when it comes to the first principle, and the investigations into Facebook and Cambridge Analytica, and the spending of huge sums of money on micro-targeted political advertising based on data harvested from voters’ social media profiles, suggest that the second of these two principles is also under great strain in the digital age.

Frankly, Facebook’s desperate adverts on the back pages of Sunday’s newspapers, just a couple of days ago, suggest to me that it knows that its bubble is bursting. We now need to update the law to ensure that people are protected from this social media mega-monopoly. Just because the chief executives of Facebook and Google wear T-shirts to work and turn up on skateboards does not mean that they are not aggressive capitalists, and we need to get a bit wiser to that fact.

The law regulating campaign activity and finance—the Political Parties, Elections and Referendums Act 2000—was drawn up almost 20 years ago, long before Facebook or Twitter even existed, let alone had any role in political campaigns. It is considerably more difficult to ensure the compliance of adverts on social media than the compliance of adverts in newspapers or on billboards. Voters simply do not know what is being done with their data by a company that, ultimately, wants to make as much money as possible from the information it has on each of us. Not surprisingly, the regulators struggle to regulate.

This undoubtedly presents a complex challenge to all politicians, as social media platforms overtake the national and local press and media through which we have traditionally communicated with our electorate, but without the same level of transparency and scrutiny. However, it is a challenge that we must meet. The need for a reprogramming of the way parties and campaigns are funded could not be greater. Whether it is donations from Russian oligarchs on one side of the House or from former Formula 1 bosses on the other side, people are sick and tired of a politics that is awash with big money without proper oversight. I argue that the case for state funding for political parties could scarcely be stronger.

[Layla Moran]

Does the hon. Lady share my concern that the House voted for the Democratic Unionist party’s donation not to be scrutinised before 2017, so that massive donation now cannot be scrutinised in the proper way? We do not know the origin of that cash.

[Caroline Lucas]

I absolutely share the hon. Lady’s concern; she is right that that should have been looked into at the time, rather than pushed into the long grass. It is yet another reason why I am calling for urgent cross-party talks on updating our online campaign regulations and reforming the Political Parties, Elections and Referendums Act, including consultation with the Electoral Commission and the Information Commissioner on what new powers and resources they need in order to fulfil their role in safeguarding our democracy.

The revelations by Shahmir Sanni about Vote Leave and BeLeave raise related but somewhat different questions, some of which need to be addressed to, and answered by, certain Members on the Government side of the House, for they strongly suggest that some of those who worked for the official Brexit campaign during the 2016 referendum, some of whom now work for the Prime Minister in Downing Street, committed criminal breaches of electoral law on overspending and collusion. Vote Leave, whose leading members included the current Foreign Secretary and Environment Secretary, formally declared it had spent £6.77 million during the 2016 campaign—this was within the £7 million limit. But that sum does not include a £625,000 donation that Vote Leave gave to BeLeave, the Brexit campaign aimed at students and young people, which BeLeave spent on the very same digital marketing company, Aggregate IQ, used by Vote Leave. As the right hon. Member for Carshalton and Wallington (Tom Brake) set out powerfully, there is substantial evidence of constant communication between Vote Leave and BeLeave, which were based in the same office, shared the same computer drive and seem to have had advice going between them as to the setting up of their constitution, their bank account and so on. It is insulting to suggest that these two organisations were not co-ordinating very, very closely.

So it is simply not good enough for the Prime Minister to have airily dismissed the questions that were raised by these revelations as she did in the House yesterday. I might add that her attempts to brush off complaints about the disgraceful outing of Shahmir Sanni were beneath her and bring shame on her office. If the laws were broken, those involved need to be brought to justice, because if they are not, and if we do not fix the shortcomings of our electoral law and its regulation, this Government will go down in history as the one who sat and watched while the very lifeblood of our democracy drained away, and voters will have taken back control for nothing. That is why I also think we need an independent public inquiry to establish, as a matter of urgency, whether electoral law was broken by any of those working for Vote Leave and BeLeave, and, crucially, what current Ministers knew at the time.