Draft Transparency of Donations and Loans etc. (Northern Ireland political parties) order 2018

Baroness Beckett Excerpts

Tuesday 19th December 2017 General Committees

[Mr Bradshaw]

The hon. Gentleman is not even a member of the Committee, so I will make progress if he does not mind. Naomi Long, the leader of the Alliance party in Northern Ireland and the politician who secured this change to the law, with the support at the time of all the Northern Ireland parties, has said:

“The successful amendment ensured that all donations dating back to the commencement date of the legislation (January 2014) can be published once the exemption is lifted.

All the parties have been advised by the Electoral Commission that this is the case and guidance was issued to ensure that all donors from that date would be advised that any anonymity would be merely temporary.”

Again, that was the understanding of the parties at the time, so why have the Government changed their mind? Why would the independent and highly respected Electoral Commission set its face so strongly against what the Government are trying to do today? The only conclusion I can reach is that the Commission knows something about that period between 2014 and 2017 that it believes to be strongly in the public interest to disclose but is prevented from doing so.

[Margaret Beckett (Derby South) (Lab)]

My right hon. Friend refers to the amendment moved by Naomi Long. As I understand it, that amendment was subsequently supported by the Government and was adjoined by the then Secretary of State. The hon. Member for North Dorset accused my hon. Friend the Member for Pontypridd of having dared to change his mind and asked him why. I wonder if the Government can explain why they have changed theirs.

[Mr Bradshaw]

My right hon. Friend is absolutely right. I hope the Minister will explain why the Government have changed their mind when she responds to the debate.

If the Government will not change their mind again, to their original position, and backdate transparency to 2014, I invite the Minister to publish the full details of this unprecedented £435,000 donation, regardless of the scope of the measure, so that the public interest and confidence in the referendum result can be protected. Will she also explain the reasons for the fine imposed by the Electoral Commission on the CRC, and exactly which law was broken? I would be amazed if she were not aware of that and did not know. It is her job as a Northern Ireland Minister to find out.

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[Sammy Wilson]

I will come to the source in a moment or two. I think there has been an intervention already highlighting the answer to that. Since then there have been no representations to the Government from political parties that the date should be changed, because of course the date that was set was agreed by all the parties except the Alliance party, on the understanding that people who made donations up until that date knew that the information would not be revealed.

Let us come to the particular issue. I take issue with the Labour party for a number of reasons. First, it seems there is a fixation on the money spent on the successful campaign to get the United Kingdom to leave the EU. Perhaps the reaction from the Labour party today is more a reflection of its animosity towards the decision made by the people of the UK to leave the EU than it is about the source of the donated money.

[Margaret Beckett]

I take the hon. Gentleman’s point, of course, but given that, as I understand it, the people of Northern Ireland voted to remain, does he wish that some of the money had been spent there?

[Sammy Wilson]

We did spend money in Northern Ireland on the campaign and of course it was a UK-wide campaign, not a Northern Ireland one, as the right hon. Lady knows well. We took part in the UK-wide referendum and many of our members spoke on the issue at meetings across the United Kingdom, not just in Northern Ireland. We took our place in the UK-wide campaign.

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[Sammy Wilson]

I made the point in an intervention that there was an expectation that some people who had made donations post-2014 would not be put into the public domain. There is a real issue around it.

[Margaret Beckett]

On the point that the hon. Gentleman is making and the point made by the hon. Member for Brentwood and Ongar, as I understand it the Electoral Commission wrote to every political party, when the Act that was the background to this was getting Royal Assent, informing them of the future intention to publish donations from January 2014, so how can this come as a shock and put people at risk? That is a totally spurious point.

[Sammy Wilson]

It was not a black and white issue because the Electoral Commission did not say that it would publish. It said that had it been given authority by the Secretary of State, it would have published. It was not as black and white as the right hon. Lady suggests.

I have one last point. We are talking about transparency here. There is one glaring omission in the legislation, which originated with the very party that is now complaining about lack of transparency, lack of accountability and the need to clean up political donations, and that is the fact that parties in Northern Ireland—there is only one party affected by this—can receive foreign donations without having to reveal them. Sinn Féin received millions of pounds. Not hundreds of pounds, not thousands of pounds, not hundreds of thousands of pounds, but millions of pounds through foreign donations brought through the Irish Republic—[Interruption.] It was given to them by the Labour Government when special pleading was made by Sinn Féin that they had brought in so much money from foreign sources. I do not know whether it was Libya, America or some other state, but it was brought in by the Irish Republic and made exempt.

If the Labour Members really were concerned about transparency, accountability and cleaning up political donations in Northern Ireland, at least some reference, even a line of reference, might have been made by the shadow spokesman. I suspect that the real reason is that they are still happy for Sinn Féin, which has a special association with the Labour party leader, to have that lack of transparency: that cloak behind which they can bring millions of pounds into Northern Ireland and avoid having accountability.

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[Simon Hoare]

Self-praise is no recommendation, but I was going to say that she has impeccable credentials. Unfortunately—and I suggest that in a moment of private honesty the hon. Lady might concur with this—this country is faced with two Labour parties. As she will be aware, we face a democratically accountable, legally abiding Labour party, and a rather mysteriously funded, trade union, Momentum-inspired—

[Margaret Beckett]

rose—

[The Chair]

Order. We are going rather wide. I am allowing Members to use examples to make their case, but I think we are going a little too wide, Mr Hoare.

[Margaret Beckett]

rose—

[Simon Hoare]

I take your guidance, Mr Hosie, and I hope that the right hon. Lady, the former deputy leader of the Labour party—[Hon. Members: “Former leader.”] She must forgive me. I give way to the former leader of the Labour party.

[Margaret Beckett]

I was wondering, in the context of why there may be differences within political parties, whether the hon. Gentleman can explain why the present Secretary of State takes a different point of view on this matter from his predecessor, the right hon. Member for Chipping Barnet (Theresa Villiers).

[Simon Hoare]

That, I suggest to the right hon. Lady, is for the Secretary of State to answer for himself, but I think my hon. Friend the Minister has set out very clearly a point on which we can all coalesce, which is that this was “the best decision”. Those are not my words, but the words of the right hon. Lady’s friend the shadow Secretary of State. He referred to it not as an okay decision or a reasonably good decision, or as one that in the round and on balance had something to merit consideration, but as “the best decision”. That assessment was made by the shadow Secretary of State and by the Secretary of State. I presume that they came to their views under separate imperatives, but they arrived at the same destination, as reported in The Irish News in the middle of July.

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[Simon Hoare]

My hon. Friend hits the nail on the head. The first duty of the Government, and I think the first duty of all of us within that sensitive arena of Northern Ireland, is that we cannot just default—as handy as it might be for us to do so—to the established views of political parties. We need to have a duty of care to those individuals who thought they were operating under a certain set of circumstances at a particular time, and I think it would be entirely unjust and deleterious to having confidence in our democratic processes to arbitrarily change the position from that which they believed they were working under. My hon. Friend makes that point entirely.

[Margaret Beckett]

I do not want to detain the Committee and I promise that this will be my last observation. Is not the hon. Gentleman suggesting that he has a rather low opinion of the parties in Northern Ireland if he thinks that they would happily take money from somebody, which would be publishable, and not point out to them that that might come into the public domain? It suggests a lack of care on their part, if that were the case, which I find it hard to believe.

[Simon Hoare]

If the right hon. Lady is 100% confident that that would take place in every circumstance, of course she has a point. However, I have to say to her that I think that we all have to admit—sometimes we find it quite hard to do so—that we are frail human beings, and I just do not believe that in every circumstance somebody would be provided with that guidance or with that little bit of, “Well, this may change in due course”.

I go back to the point that it would be absolutely splendid, would it not, if political discourse in Northern Ireland could be held as robustly as it is on the mainland—I think we can all agree on that—but we are not at that position yet? And the jiggery-pokery being promoted by Opposition parties moves us a little further from achieving that position.

I will conclude by addressing the right hon. Member for Exeter. He is a distinguished Member of this House, but he did no help at all to advancing his position or this debate by the “nudge nudge, wink wink, reds under the bed” approach to doing politics that he has deployed this afternoon. I say to the Committee, in all seriousness, that we should listen with enormous care to what the Minister has said from the Dispatch Box. We are all alert.