EU Referendum: Electoral Law

Neil Gray Excerpts

Tuesday 27th March 2018 Commons Chamber

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

Thank you, Mr Speaker. I shall, with pleasure, leave time for the right hon. Member for Carshalton and Wallington (Tom Brake) to conclude the debate.

There are two things that I ought to begin by saying. The first is that, as a Minister, I shall respect the integrity of independent investigations. I shall therefore not comment here today on allegations that rightly belong with the Information Commissioner’s Office or the Electoral Commission for investigation. I hope that right hon. and hon. Members will join me in respecting that rather important legal principle, which I set out here at the beginning of my remarks to give the House clarity. Secondly, as the Minister responsible for the electoral system, 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 would like to place on record my thanks to all those involved in the electoral community who work hard at every poll to deliver it within the law, such that we can be proud of our democracy.

I turn now to the EU referendum. The Electoral Commission concluded that it was a well-run poll and that it was delivered without any major issues. We also know that it was one of the largest democratic exercises in our history. I recognise that that referendum and its subject matter still elicit high emotions on both sides. Indeed, we have seen that here today. However, with 17.4 million votes to leave the European Union, more people voted for Brexit than have ever voted for anything else in the UK. We therefore have to respect the will of the people in that referendum and we are delivering it. This Government are committed to ensuring the best possible outcome for the British people in the negotiations to leave the EU.

[Neil Gray (Airdrie and Shotts) (SNP)]

The Minister has just repeated a line that the Prime Minister used to dismiss my inquiries regarding this matter yesterday. Given that some of the Prime Minister’s Downing Street staff are the subject of these allegations and used disgraceful “House of Cards”-style tactics to divert attention by outing a whistleblower as being gay, and given that senior Cabinet Ministers led the Leave campaign, do not the Prime Minister and her Government have a number of questions to answer regarding these events, outside of the Electoral Commission investigation?

[Chloe Smith]

I will not be adding anything in this debate to what the Prime Minister said on those issues yesterday.

Turning to the matter at hand under the application, I should like to thank hon. Members for their comments during the debate. Various allegations have come out in the media over the past week, and it is important to be clear about what they involve and about which ones are directly linked to the UK’s electoral law and which ones might not be. First, there was a series of allegations about Cambridge Analytica using Facebook data to profile American voters. That is primarily a data protection issue. It is a serious allegation and the Information Commissioner is undertaking a formal investigation using its powers. The Government are strengthening the remit of the Information Commissioner through our Data Protection Bill, giving it tougher powers to ensure that organisations comply with its investigations, including the ability to impose significant fines. We will consider the Information Commissioner’s proposal for further powers as the Bill passes through Parliament.

Secondly, there have been allegations about whether some of the spending ahead of the EU referendum was properly declared. Some of those matters have already been subject to Electoral Commission investigations, and others might well be so in due course. I return to the point I made earlier that I shall not comment on investigations that are being carried out. In this country, the Electoral Commission is the independent body that oversees the conduct of elections and referendums and regulates political finance. The commission reports regularly on the running of elections and referendums, and conducts thorough investigations into allegations that rules have been breached.

[Neil Gray]

rose—

[Chloe Smith]

Does the hon. Gentleman have a better question than the one he asked last time?

[Neil Gray]

Given that the points I made were about the conduct of Downing Street staff and Government Ministers, this is not about the Electoral Commission. It is about the Prime Minister’s integrity and the judgment involved in appointing those members of staff.

[Chloe Smith]

I regret to say that the hon. Gentleman seems to be under a misunderstanding about the debate that you have granted, Mr Speaker. It is about electoral law, and as the Minister responsible for electoral law, I shall answer on that point.

The Electoral Commission is independent of the Government. It is accountable to Parliament via the Speaker’s Committee on the Electoral Commission. One important point that has come up today is the suggestion that the Electoral Commission is under-resourced. I encourage hon. Members to look at the commission’s operating costs for this year, which show an underspend against its anticipated budget. Indeed, in January this year, it returned funds. Now, I leave it to others to draw conclusions from that about whether the Electoral Commission is resourced correctly, but I say again that the commission is accountable to Parliament and that such questions could rightly be in looked into by Parliament and your committee, Mr Speaker.