Electoral Commission Investigation: Vote Leave

Debate between Chuka Umunna and Chloe Smith

Tuesday 17th July 2018 Commons Chamber

[Chuka Umunna (Streatham) (Lab)]

(Urgent Question): To ask the Minister for the Cabinet Office if he will make a statement on the findings of the Electoral Commission’s investigation into the conduct of the Vote Leave campaign.

[The Parliamentary Secretary, Cabinet Office (Chloe Smith)]

I am proud to say—[Interruption.] Is there something happening as I begin my words, Mr Speaker?

[Chloe Smith]

Let us take that and work with it.

I am proud to say that the UK has a clear and robust electoral system, and we should all be proud of the democracy in which we live and work. I place on the record my thanks to all those involved in the electoral community, which works hard at every poll to deliver it within the law such that we can be proud of our democracy.

The Electoral Commission is the independent body that oversees the conduct of elections and referendums and regulates political finance. The commission regularly reports on the running of elections and referendums and conducts thorough investigations into allegations that rules have been breached. Electoral law exists to ensure fair campaigning, and the commission has determined that those rules have been broken. Both Vote Leave and BeLeave have been fined and referred to the police, and it would not be appropriate for the Government to comment on ongoing police investigations.

That electoral rules have been breached is rightly a cause for concern, but that does not mean that the rules themselves were flawed. The Government will continue to work closely with the Electoral Commission, along with many other stakeholders in the electoral system, to protect the integrity, security and effectiveness of referendums and elections. Let me make it clear for the record that we will continue to implement the referendum’s result and to make a success of it.

[Chuka Umunna]

The findings of the Electoral Commission are shocking, and Vote Leave’s actions are an affront to our democracy and to the fundamental British value of fair play. The commission’s legal counsel described Vote Leave’s behaviour as follows:

“Vote Leave has resisted our investigation from the start, including contesting our right as the statutory regulator to open the investigation. It has refused to cooperate, refused our requests to put forward a representative for interview, and forced us to use our legal powers to compel it to provide evidence.”

Who do these people think they are? They think they are above the law.

With new facts arising every week, it is well known that there will be no extra £350 million a week for the NHS, and so on. We know Vote Leave’s claims turned out to be a fantasy, but we now know it cheated, too, and it is official. Given that there was a four percentage point gap between leave and remain, and given that Vote Leave overspent by just under 8%, does the Minister agree that we cannot say with confidence that this foul play did not impact on the result?

Does the Minister believe that Vote Leave acted in contravention of natural justice and of our democracy in acting in such an obstructive way? What urgent legislation will the Government bring forward to address the Electoral Commission’s serious concerns about the enforcement regime for electoral law, which it has raised today?

And who was at the scene of these crimes? Vote Leave was co-led by the current Secretary of State for Environment, Food and Rural Affairs, who co-convened its campaign committee. Where is he? Why is he not here? That committee was charged with overseeing the implementation of a framework that included the way in which fundraising was conducted and donations collected. He, along with the former Foreign Secretary, the right hon. Member for Uxbridge and South Ruislip (Boris Johnson), was part of a core group of the committee who met on a daily basis to ensure the campaign was on track. As such, either the Environment Secretary knew what was going on, which is a very serious matter, or, if he did not, how can we have any confidence that he is capable of overseeing his Department? What did he know? The International Trade Secretary, the Transport Secretary and the Brexit Secretary also sat on that committee. What did they know about what was going on?

In short, members of the Cabinet sat in an organisation that has been found to have flouted our democracy. Does all that not demonstrate that we need a full, urgent public inquiry into the leave campaign, given that it calls into question the legitimacy of the entire Brexit process that is preoccupying this House?

[Chloe Smith]

What this report demonstrates is that we have an electoral regulator that operates to rules that Parliament has set and that has found people in contravention of those rules. The hon. Gentleman asks a number of questions that go severely away from the report and, just to be clear, the report—I am reading from the report’s front page—is

“of an investigation in respect of Vote Leave Limited, Mr Darren Grimes, BeLeave, Veterans for Britain”.

The report is not in respect of a number of others raised by the hon. Gentleman, and I will therefore not enter into those questions. [Interruption.] I simply will not enter into discussion of other named individuals, nor will I enter into discussion of ongoing investigations, whether by the police or by the courts. [Hon. Members: “Why not?”] Do we really need to begin by asking ourselves why the Government should not interfere in independent investigations and police examinations? I cannot believe that the Labour party needs the answer to that question so early in the afternoon.

As I said in my earlier remarks, we are getting on with delivering the result of the referendum. We have very clearly set out why we think that is the right thing to do, and it is fundamentally because we believe in the people’s ability to make a choice. That is why we respect the referendum result. Unfortunately, it is clear that the hon. Gentleman does not believe in the people’s ability to choose, and I think he argues instead that they should be asked again and again. I do not agree with his arguments but, none the less, I am here today to answer questions on this report by an independent regulator—I am happy to do so within my powers.

Leaving the EU: Negotiations

Debate between Chuka Umunna and Chloe Smith

Tuesday 10th July 2018 Commons Chamber

[Chloe Smith]

My hon. Friend speaks with experience from Cornwall, in the west country, for which I am delighted to say there is now Conservative representation in Parliament. I hope that he and his colleagues will continue to serve the people of that part of our beautiful country for many years to come.

[Chuka Umunna (Streatham) (Lab)]

I am grateful to the Minister for giving way, but it does stink a bit of pot and kettle for her to claim that every party but hers is all over the place on this issue. If we are honest, there are divisions in all parties, just as there are in the country. Frankly, I do not agree with her argument that democracy is static. It is a dynamic thing, and there is no reason why people should not change their views as facts change.

May I ask the Minister about one particular fact? I am surprised that no one has taken her up on it. Can she please tell us what the resolution is to the Irish border issue? She wrongly stated that it had been resolved at the December Council. It was not. What is the solution to avoiding a hard border on the island of Ireland? The Under-Secretary of State for Exiting the European Union, the hon. Member for Worcester (Mr Walker), who is sitting next to her, shakes his head. Maybe he can get up and tell us what the resolution is to this issue.

[Chloe Smith]

My hon. Friend and I were shaking our heads because I did not say what the hon. Gentleman says I did. The Prime Minister’s statement yesterday made it very clear that the deal she proposes to put forward to the EU does address the Irish border question. That is where he will find the answer to his question. Today’s debate, however, is about having a second referendum, and that is what I am responding to.