Representation of the People Bill

Debate between Jim Allister and Florence Eshalomi

Report stage & 3rd reading
Wednesday 2nd September 2026 Commons Chamber

[Florence Eshalomi]

I thank my hon. Friend and constituency neighbour for raising that important example of where loopholes might exist in this technical area. We will continue to work with the Electoral Commission on that issue as we continue to develop the Bill.

[Jim Allister (North Antrim) (TUV)]

Will the Minister give way?

[Florence Eshalomi]

I want to make some progress.

Government new clause 78 strengthens information-sharing provisions already in the Bill by establishing a reciprocal statutory gateway between the Electoral Commission and relevant public authorities. We have carefully considered recommendation 9 of the review, and we agree that if we are to expect the commission to regulate political finance effectively and respond to the emerging risk, it must be able to receive relevant information from the bodies it works alongside. The new clause enables the commission and relevant public authorities to share information with one another, where doing so assists the performance of their respective functions. The Government also recognise that information sharing must be accompanied by robust safeguards. That is why the gateway is tightly defined. It does not override express statutory prohibitions on disclosure and includes additional protections for sensitive personal information received from revenue authorities, backed by potential criminal sanctions for an unauthorised onward disclosure.

Government amendments 125 to 131 respond to recommendation 10 of the Rycroft review. They give the Electoral Commission greater powers to require the disclosure of documents, information, and the giving of an explanation outside an investigation. They also make minor amendments to ensure that former accredited recall campaigners can be investigated when they cease participation in the recall petition process. Currently, outside an investigation the Electoral Commission can only issue a notice to specific regulated entities requiring disclosure. To issue a notice requiring disclosure from anyone else, there must have been reasonable grounds to suspect that an offence had been committed. That places the commission in an impossible situation: the only way it can get such information is to take the serious step of opening a formal investigation. However, without such information it is unable to establish the reasonable grounds for suspicion that it needs to open an investigation in the first place. The amendments extend the commission’s powers outside a formal investigation, so that it is able to require the disclosure of information relating to the income or expenditure of regulated entities from any person or organisation.