Leaving the EU

Tom Brake Excerpts

Monday 9th July 2018 Commons Chamber

[The Prime Minister]

As I said earlier, £1.5 billion has already been allocated, and the Chancellor has made £3 billion available over two years for the various preparations, which include the no deal preparations. The new Brexit Secretary will take on the task of ensuring that we step up those no deal preparations. I know from previous discussions the concern my hon. Friend has about the potential lorry park in Kent in relation to the port of Dover. He champions the rights and needs of his constituents very eloquently in this House.

[Tom Brake (Carshalton and Wallington) (LD)]

With the setback of four ministerial resignations and March 2019 bearing down upon us, will the Prime Minister think again about the extension of article 50? It would enable her to hold a vote on the final deal, which I know she is not in favour of, and give her additional time in the negotiations with the EU to secure a better deal than the one she might be about to secure.

June European Council

Tom Brake Excerpts

Monday 2nd July 2018 Commons Chamber

[The Prime Minister]

As my hon. Friend makes absolutely clear, the future relationship must enable us to strike those trade deals and have an independent trade policy, and also to bring an end to free movement.

[Tom Brake (Carshalton and Wallington) (LD)]

The squabbling, back-stabbing and leadership positioning in the Prime Minister’s Cabinet is marching us towards a no deal Brexit. Will she and the Leader of the Opposition accept that the only way of getting us out of this mess is, as advocated by the British Medical Association and members of the Unite union, to provide the people with a final say on the deal and a chance to exit from Brexit?

[The Prime Minister]

The right hon. Gentleman might not have noticed, but at the last general election, around 80% of people voted for parties that supported our leaving the European Union.

Oral Answers to Questions

Tom Brake Excerpts

Wednesday 13th June 2018 Commons Chamber

[Mr Speaker]

Order. Mr Brake is here. He is always here. He stands every week and he is going to be heard.

[Tom Brake (Carshalton and Wallington) (LD)]

Thank you, Mr Speaker.

The president of the CBI has said today that sections of the UK car industry face “extinction” unless the UK stays in the EU customs union. Is there any level of damage inflicted by Brexit that would cause the Prime Minister to consider supporting the people having a final say on the deal and a chance to exit from a disastrous Brexit? I could also put that to the Leader of the Opposition.

[The Prime Minister]

As I have said many times in this House, we are looking to ensure that our future customs arrangement with the European Union enables us to have as frictionless trade with the European Union as possible and no hard border between Northern Ireland and Ireland, while also enabling us to have an independent trade policy and to negotiate trade deals around the world. I have been clear in a number of my answers that I and this Government will deliver on the vote of the British people to leave the European Union. I seem to remember there was a time when the Liberal Democrats thought that the people should have the choice.

G7

Tom Brake Excerpts

Monday 11th June 2018 Commons Chamber

[The Prime Minister]

I have already raised with European partners whether the European Council in June should look not just to the question of the sanctions in relation to the Crimea and Minsk agreements, but also to whether we should look further. Indeed, there are some issues that have arisen in relation to Crimea where I think that we should be looking at whether some further sanctions are required.

[Tom Brake (Carshalton and Wallington) (LD)]

The Government’s own impact assessments confirm that even the biggest and boldest trade deal with the US would add between only 0.1% and 0.3% of gross value added to our economy. Have these figures been revisited since the G7 and the imposition of tariffs? How far now do the Government believe that a free trade deal with the US would go towards offsetting the between 2% and 8% loss of GVA associated with any of the likely relationships that we might have with the EU in future?

[The Prime Minister]

We are intending to negotiate. We have started talking about and negotiating a trade deal with the European Union that is good for us here in the UK—I think that it will also be good for the European Union—and ensures that we are able to continue to trade well with the European Union. We do not talk about a trade deal with America or any other country around the world replacing an ability to trade on a good basis with the European Union. It is in addition to being able to trade on a good basis with the European Union.

EU Referendum: Electoral Law

Tom Brake Excerpts

Tuesday 27th March 2018 Commons Chamber

[Tom Brake (Carshalton and Wallington) (LD)]

I beg to move,

That this House has considered the EU referendum and alleged breaches of electoral law.

Thank you, Mr Speaker, for helping to facilitate this debate, which as you said yesterday, was in order for an emergency debate under Standing Order No. 24. I start by reminding colleagues of what the Prime Minister said yesterday about Brexit:

“They want us to get on with it, and that is what we are going to do.”—[Official Report, 26 March 2018; Vol. 638, c. 525.]

She also dismissed concerns about Vote Leave’s activities, in answer to a question from the hon. Member for Airdrie and Shotts (Neil Gray), who is not in his place but was here yesterday. She is hiding behind an increasingly tatty and threadbare comfort blanket—the will of the people: her sole justification for the disastrous act of self-harm she is imposing on the country. She has not in this place been able to deploy any sound economic, diplomatic, cultural or security reasons why Brexit is good for the country, but she has frequently referred to the will of the people.

[Frank Field (Birkenhead) (Lab)]

Will the right hon. Gentleman give way?

[Tom Brake]

I am happy to take a friendly intervention.

[Frank Field]

I am grateful. Although the debate is about electoral law, might I put it on the record, as somebody who wanted to leave, that the law is the law and nobody is above it, and if the law has been broken, or if there are grounds to suspect that it has been broken, the full weight of that law should be thrown at those organisations?

[Tom Brake]

I was not entirely anticipating a friendly intervention, but indeed it was a very friendly intervention.

The Prime Minister does not appear willing to entertain any prospect that the allegations are true and that therefore the will of the people might have been usurped and the people cheated. It was my concern that the law might have been broken that led me to refer the matter to the Electoral Commission and the police.

[Mr Jim Cunningham (Coventry South) (Lab)]

Does the right hon. Gentleman agree—I do not think he is suggesting this for one minute—that this will have had no effect on the outcome of the referendum?

[Tom Brake]

The hon. Gentleman encourages me to speculate on a matter to which it is difficult to respond. If these allegations, which are unproven, are true and £625,000 was spent illegally in a very focused campaign and, by definition, was targeted on a very small number of people, it is very hard to say what the effect might have been. That is partly what I hope any inquiries might clarify.

[Henry Smith (Crawley) (Con)]

Would the right hon. Gentleman not acknowledge that the remain campaign spent about one third more on the EU referendum and indeed that the Government spent more than £9 million of taxpayers’ money sending a leaflet to every house in the UK promoting our remaining? Could that not be seen as biased in favour of that campaign?

[Tom Brake]

Many Members on the Opposition Benches, and possibly some on the Government Benches, will have seen a comprehensive dossier of ways in which Vote Leave and BeLeave allegedly broke the law. If the hon. Gentleman wants to bring to the House, or present to the Electoral Commission and the police, a similar dossier of allegations against Britain Stronger in Europe, of course he should do that, and Members on both sides of the House would welcome it, but the fact is that all we have is the dossier that the Electoral Commission and the police are now considering in relation to Vote Leave’s and BeLeave’s activities. He should not, then, try to muddy the waters in the way I am afraid he is seeking to do.

[Sir Edward Davey (Kingston and Surbiton) (LD)]

Many of us in the House were around during the Iraq war debates, when we were given a dossier. Many of us were not convinced, having read that dossier in detail, but others were, and the House voted to go to war, even though the facts on which that decision was based proved not to be true. This dossier is far more convincing than the previous dossier. [Laughter.] Does he not therefore agree that it should be investigated and taken seriously by everybody in this House?

[Tom Brake]

Yes, and I am sorry that there was laughter from the Government Benches. Members of Parliament, whether they supported remain or leave, should be interested in finding out whether the law has been broken. It should not be a subject of hilarity in the way that it seems to be for some Members on the Government Benches.

[Mr William Wragg (Hazel Grove) (Con)]

Will the right hon. Gentleman give way?

[Tom Brake]

I hope it will not be an hilarious intervention.

[Mr Wragg]

No, it is deadly serious. Can the right hon. Gentleman tell me the size of the fine the Liberal Democrats received from the Electoral Commission for breach of election law during the referendum campaign?

[Tom Brake]

I am happy to say that it was, I understand, £18,000. The slight difference, though, is that as a party we would love to be able to spend close to the spending limit in relation to election law, but as a party we are never able to. The allegation here is that the combination of Vote Leave and BeLeave spending broke the law, so the hon. Gentleman should wipe the smile off his face, focus on whether the law has been broken and treat the matter more seriously than he appears to be doing.

[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.

[Mr Ben Bradshaw (Exeter) (Lab)]

I am sure that were he not at the Liaison Committee, the Chair of the Digital, Culture, Media and Sport Committee, who has done such a fantastic job on this and has just spent four hours listening to the testimony of Christopher Wylie, would be here making exactly the same points as the right hon. Gentleman.

[Tom Brake]

I thank the right hon. Gentleman for that equally helpful intervention. I hope that during this debate Members who heard that evidence will be able to contribute and update the House on what was said there, although I suspect that a lot of that information will have been contained in the papers this weekend, which I am sure many Members have spent hours assessing over the weekend and since.

I want to focus briefly on the Electoral Commission. This is how its website describes its role in relation to referendums:

“Our focus is on voters and on putting their interests first. Our objectives for referendums are that:…they should be well-run and produce results that are accepted…there should be integrity and transparency of campaign funding and expenditure”.

It is safe to say that neither of those objectives was met with respect to the EU referendum campaign—I am not blaming the Electoral Commission but others involved in the campaign.

What action has the Electoral Commission taken to date? The allegations we read about this weekend were new allegations, but there were existing allegations working their way through the system. I thank WhatDoTheyKnow, openDemocracy and FairVote for their work on this issue. They obtained internal emails from the Electoral Commission that described Darren Grimes’ spending as “unusual”. I think we can all agree it was remarkable that someone whose organisation in the first 10 weeks of its existence apparently managed to raise £107 was given £625,000 to spend in a completely uncontrolled manner. It is remarkable that such confidence was placed in that organisation and the one or two people behind it.

[Layla Moran (Oxford West and Abingdon) (LD)]

I spoke to some people in the industry about this, and they told me that unless there was collusion it would have been impossible to mine such big data in the timeframe the money was given to BeLeave. Does my right hon. Friend agree that this is suspicious indeed?

[Tom Brake]

I do not want to comment directly on that, but clearly it is a very serious allegation that I am sure will be a subject of the Electoral Commission and police inquiries. The commission has confirmed that there is a live investigation under way and that therefore it cannot confirm what progress has been made, but it is under way, and I welcome that.

In the internal emails, the Electoral Commission described Grimes’ spending as “unusual” and found that he broke some of its rules, but it decided to take the matter no further as there were “no reasonable grounds” to believe that Vote Leave and Grimes had been working together.

I must say that the Electoral Commission will have to have very clear reasons if it does not believe this to be the case now, following those new allegations from three whistleblowers at the heart of the Vote Leave-BeLeave machine. It is worth underlining that they are new allegations. What we have heard from the supporters of Vote Leave is “All this has been investigated. There is nothing new here”, but these allegations from three whistleblowers at the centre of the organisation are completely new. These are matters that have not been investigated. Anyone who supported Vote Leave and is now saying, “Don’t bother, it has been done” is wrong.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

Does the right hon. Gentleman agree that when the former chief executive officer of Cambridge Analytica, whose subsidiary, or associated, company AIQ is linked with many Leave campaigns, is openly bragging that it can alter election outcomes for a fee, that is a shaming indictment of the nature of British politics today, and shows that money tends to be seen as more important than our democracy and the force of argument?

[Tom Brake]

I will come on to some reforms that might be needed in terms of the law. Some of what has gone on, if it is indeed within the law, should concern us very much, and we may need to look very carefully at the law itself.

The new nature of the allegations is critical, because the Brexit cheerleaders, such as the Foreign Secretary and the Secretary of State for Environment, Food and Rural Affairs, have been quick to say “Nothing to see here. Move on. The result must be respected. Vote Leave won fair and square.” They will pretend that all this has been investigated before. It has not, and only when it has will we know whether the trail of deceit which so publicly started with the incredible slogan slapped on the side of that infamous red bus—the Foreign Secretary’s comprehensively demolished claim that there would be £350 million a week for the NHS, which he keeps repeating to this day—leads directly to today’s Cabinet table.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

The right hon. Gentleman talks about journeys of deceit. He will have noted that no members of the Scottish Conservative and Unionist party have joined us today. Their former vice-chair, Richard Cook, leads a group called the Constitutional Research Council, which gave £425,000 to the Democratic Unionist party during the last general election. Will the right hon. Gentleman join me in asking Mr Cook to assure us, first, that none of that money came from Russia, and secondly, that none of it was used to co-ordinate other election campaigns such as those on the European Union referendum?

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[Tom Brake]

The hon. Gentleman has made a valid point. Those too are serious allegations that need to be investigated, and I will touch on them briefly in a moment. One thing that concerns me about the donation to the DUP is that it was apparently spent on an advertising campaign that was wholly based in England. That seems a rather strange use of money allocated to the DUP which one might have expected to be spent in Northern Ireland.

[Darren Jones (Bristol North West) (Lab)]

Does the right hon. Gentleman agree that the Secretary of State for Culture, Media and Sport should table urgent amendments to the Data Protection Bill on Report to give the Information Commissioner the initial powers that she needs, but also to enhance co-operation between the Information Commissioner’s Office, the Electoral Commission and the Financial Conduct Authority so that they can follow the money as well as the data?

[Tom Brake]

Absolutely—and I would add that they should be able to follow the money abroad, because I think that there is substantial concern about the possible involvement of foreign actors in our elections here, about the possible sources of funds, and, indeed, about the possible sources of advertising on Facebook and other media.

[Jonathan Edwards (Carmarthen East and Dinefwr) (PC)]

The right hon. Gentleman has mentioned a number of investigations involving the Electoral Commission that are currently under way. Does he believe that the commission should undertake the task, or should there be a public inquiry, as suggested by the journalist who broke the story?

[Tom Brake]

I am open-minded about whether that might be a way forward. My only concern about it is that the commission has not proceeded as swiftly as we would have liked in the investigations that are already under way. A public inquiry is, by definition, likely to take a considerable period of time, and if there is much more water under this particular bridge I think it will lose its focus. I think it is important for us to focus on this now in a way that will deliver an outcome swiftly, so that people can have certainty about the fairness of our elections.

Open Democracy states:

“The referendum saw a number of different groups register as campaigns on each side. These campaigns were given spending caps, designed to limit how much the rich can sway our democracy. But if one campaign can simply get round its limit by donating to another on the same side, then the cap verges on meaningless. And so Electoral Commission rules are meant to restrict campaigns from getting round spend limits in this way.”

The question, therefore, is whether the commission interpreted the law correctly originally, and how it will interpret it now, given what I believe is substantial new evidence.

[Tim Loughton (East Worthing and Shoreham) (Con)]

Is the right hon. Gentleman aware—in terms of new allegations—that a month before the referendum itself, the remain campaign set up no fewer than five new campaigns, at DDB UK Ltd, Best for our Future Ltd, The In Crowd, Virgin Management Ltd and Wake Up. Vote? Is he aware that remain channelled £1 million to those five organisations? Does he think that they should be investigated as well, and, if so, why has he not mentioned them so far?

[Tom Brake]

I thank the hon. Gentleman for making that point. I hope he will produce the evidence that he says he has to hand, and allow the matter to be investigated thoroughly. Otherwise he will be at risk of simply trying to muddy the water, and I am sure that he is not trying to do that.

If the Electoral Commission did indeed interpret the law correctly, we should note that Open Democracy also states:

“As a registered Leave campaigner, Grimes was allowed to spend”

£625,000

“during the referendum. Earlier this year a Vote Leave source told a parliamentary committee that it had enlisted Mr Grimes’s BeLeave campaign because it was close to breaching its £7 million spending limit and wanted to ensure all the money it had been given would be used. Under UK electoral law, this is fine. The Electoral Commission has ruled that such donations are allowed—so long as there was no ‘plan or other arrangement’ between Darren Grimes and Vote Leave about how the money was spent.”

In other words, one organisation, Vote Leave, can pass a huge amount of money to another, just before it would break the legal limit if it carried on spending. Although that second organisation is very familiar with the activities of the Vote Leave organisation—indeed, co-located with it, using the same supplier for the delivery of targeted messages and, presumably, the same or a remarkably similar specification for the work that Vote Leave pays for—the law says that the two are not acting in concert. If that is a correct interpretation, or indeed if that is how the Electoral Commission will interpret the law once it has considered the new evidence, I must say that I think the law is an ass and will need to be changed, because what it means, in effect, is that there is no limit to the amount that third parties can spend on supporting the main designated campaign organisation in any future referendums.

[Adam Holloway (Gravesham) (Con)]

I would love to hear what the “new evidence” is. It is coming from some very junior people who are currently making contradictory claims on different television programmes. Let us hear what it is, and let us leave it to the Electoral Commission. It has already cleared this twice.

[Tom Brake]

Perhaps the hon. Gentleman was not concentrating on what I said earlier, and I forgive him if that is the case. I said very clearly that the new evidence had been provided by three people who were at the heart of BeLeave and Vote Leave, and who were probably the only people who were working for BeLeave. Let us face it: this was not a large organisation. It was an organisation that had a handful of people working for it. I suspect that they know more about BeLeave’s activities than anyone in this place, which is why I have referred the matter to the Electoral Commission and the police so that they can carry out appropriate investigations.

[Christine Jardine (Edinburgh West) (LD)]

We are hearing about a potential abuse of electoral law, which is threatening to pull perhaps the most important decision of a generation down into complete farce. The Court of Session in Edinburgh has said that it will allow a petition about article 50 to go ahead. There seem to be weekly concerns about Brexit, the vote and the potential economic impact. Does my right hon. Friend agree that the wheels are coming off the great big red Brexit bus that he mentioned earlier? Perhaps it is time for the Government to stop before it crashes completely.

[Tom Brake]

My hon. Friend has carefully enumerated all the different ways in which some of the promises made during the EU referendum campaign have been broken, and why people might now be thinking that a vote on the deal and an exit from Brexit is the only way out for them. Certainly, I must say that sometimes I wonder if the Prime Minister feels the same way, because when she seeks to answer questions about the economic benefits for the UK of us doing this, she is sorely short of any sensible answers.

I want to focus briefly on the issue of the Electoral Commission’s resources. It has confirmed in answer to my letter that it does have the resources it needs. I welcome that and take its word for it; however, when I was a Minister and had some responsibility for this area I was aware from contact with charities, political groups and others that the Electoral Commission often struggled to respond to queries in a timely manner, and there was always an appetite for more guidance and more detailed guidance. Perhaps the resourcing has changed, as it seems to be confident that it has what it needs to investigate this, but, as I said earlier, my hon. Friends and I have concerns about the progress made on some of the existing inquiries.

As long ago as 10 March last year Lord Tyler drew the attention of the Minister in the Lords to the fact that the leave campaign stood accused not only of lying in the substance of its campaign, but of cheating in the process of delivering it. He instanced the claim, which others have just referred to, by Arron Banks that Cambridge Analytica had played a crucial role in the campaign and “won it for Leave”. He also described the use of a very substantial anonymous donation to the Democratic Unionist party, as has also been mentioned, to fund a campaign wholly targeted at the British mainland. I am a little perplexed as to why those on the Conservative Benches do not get aggravated about the fact that in the UK it is fine for a very large anonymous donation to be made to a political party such as the DUP and for it then to be spent not in Northern Ireland. That smells rather bad to me, and I am surprised that Conservative Members do not share my concern.

[Peter Grant (Glenrothes) (SNP)]

I am sure that, like me, the right hon. Gentleman is at least cheered by the fact that some Conservative MPs seem very keen to participate in today’s debate despite the fact that 24 hours ago none of them thought there was anything worth debating. Does the right hon. Gentleman agree that on matters as important as the long-term constitution and international status of these islands, it is not enough for somebody to assert, full of bluster, that there is nothing wrong? All of us individually and collectively must be seen to be above suspicion, and when suspicions are raised with the volume and intensity of the last few days, there must be a full investigation, hopefully to prove nothing is amiss, but if there is anything amiss, those responsible must be held to account or the public will completely lose any faith in our democracy?

[Tom Brake]

I thank the hon. Gentleman for his intervention, and his point is well made. I am sure he will agree with me and the other Members who have already expressed strong views on the fact that when anyone has broken electoral law—if indeed it has been broken—that requires investigation and appropriate action needs to be taken.

[Wera Hobhouse (Bath) (LD)]

Does my right hon. Friend agree that Conservative Members are so desperate to get Brexit that they are happy to get Brexit at any price, even at the price of democracy?

[Tom Brake]

I do not know if that is the case for all Conservative Members; we will see whether their enthusiasm for the debate leads any of them to make a contribution setting out concerns about whether democracy might have been jeopardised if these allegations are true. But they seem to be treating the debate more as a matter of hilarity, so I am not entirely confident that their contributions will reinforce the points made from the Opposition Benches.

I am now going to ask the Minister some questions which I hope she will be able to answer. In some respects I feel sorry for her in this, as I know her to be a very fair Minister. I would much rather have had the Foreign Secretary here to answer questions, because he has a lot of questions to answer in this respect, including on the role he played in the Vote Leave campaign.

I hope the Minister will be able to explain why the investigations of the existing allegations have taken so long. Is that a question of the Electoral Commission or the police lacking appropriate powers or resources? We have heard that the Electoral Commission has said it is not a resource problem. Is there a discrepancy between the different statutory regimes for elections on the one hand and for referendums on the other, which cause difficulty in the examination of infringements? Do these differences cause particular problems when seeking to establish illegal collusion or ineligible donors?

Can the Minister also set out what action the UK Government intend to take to address any failings in electoral law they or the Electoral Commission have already identified, and set out what mechanisms are in place to right past electoral wrongs? Given the narrow margin of the result—for every 17 people who voted to leave, 16 voted to remain—does the Minister recognise that continuing doubts about the referendum’s integrity fuel challenges to the legitimacy of the entire Brexit process? Is the Minister confident that no one who works for the Conservative party, or indeed Ministers or the Prime Minister, is going to be charged as part of this investigation?

I will conclude by saying that whether people voted leave or remain, they are entitled to know that the EU referendum campaign was fairly and squarely delivered, or that people were in fact cheated and the law was broken. As Members from all opposition parties, at least, have said, this will require a thorough investigation. It requires Ministers to refrain from the Trumpian tweeting preferred by the Foreign Secretary, who has already said that there is no case to answer before the case has actually been heard.

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[Geraint Davies]

That is an excellent point very well made. Obviously, it brings into question what further powers those commissioners or others should have to secure the information that they need to bring their legitimate concerns to a conclusion.

[Tom Brake]

On this issue of data, is the hon. Gentleman aware that one of the other allegations that is made is that, after the Electoral Commission’s first inquiry in which it found no case to answer, some of the people who are now at No. 10 allegedly went onto databases to unlink certain documents so that it appeared as though those documents were not available to everybody on the Vote Leave and the BeLeave campaigns. Is he concerned about that?

[Geraint Davies]

Well, I am profoundly concerned about that. Again, facts are emerging day by day, and they need to be forensically examined and it is very important that the resources are there to do that. That sort of information coming forward gives us greater reason to be enormously concerned about this. That is why I am so saddened to see that the Government Benches are empty, when the essence of our democracy, as we are about to step on the biggest journey—

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[Sir Edward Davey]

I find the hon. Gentleman’s intervention rather odd. First, it is in the tradition that we are seeing from the Conservative Benches in this debate—a “what-aboutery” statement. I would have thought that the hon. Gentleman would want the House to hear and debate these allegations, which are in the public domain. They are in the press and the public are talking about them, and it is vital that the elected Members of this House get a chance to debate them. I am so grateful to my right hon. Friend the Member for Carshalton and Wallington (Tom Brake) for securing this debate, and I am proud of the Liberal Democrats for calling for it.

[Tom Brake]

Following the intervention from the hon. Member for North Dorset (Simon Hoare), is it not the case that the Government do need to answer, because some very prominent Cabinet Ministers were at the centre of these allegations?

[Sir Edward Davey]

My right hon. Friend anticipates a line of argument that I wish to come to in due course. He is absolutely right, though, that the Foreign Secretary and the Secretary of State for Environment, Food and Rural Affairs were closely involved in the Vote Leave campaign, and we need to know whether these allegations go to the very top table.

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[Tommy Sheppard (Edinburgh East) (SNP)]

I congratulate the right hon. Member for Carshalton and Wallington (Tom Brake) on securing this debate. I find myself in agreement with him and with most of the speakers from the Opposition Benches.

I have a direct, personal interest in this matter: it is not one I need to declare under the code of conduct, but I have direct experience of operating in a campaign under the very regulations we are talking about today. In the summer of 2014, I was an activist and campaigner in the Scottish independence referendum. Because of my history and background in the entertainment industry, I was part of a group that was trying to co-ordinate that campaign among the arts and culture industry in Scotland. We wanted to organise a major, high-profile concert in the run-up to the event to demonstrate support and to provide a fillip for the campaign in the final days.

We went to the Yes Scotland campaign, the designated organisation, with the proposal. It said that it did not want to include it in its campaign plan and spend money on it. The advice was to go away and do it ourselves, so that is what we did. I registered my own events company with the Electoral Commission as a permitted participant in the organisation. We hired the Usher Hall, the grandest concert hall in Edinburgh, and we booked the bands. We arranged the production and the publicity, and we had a very successful event. Afterwards, we provided the Electoral Commission with a report and a detailed budget of what we had spent and the money we had received. At no stage did we either report to, or seek the involvement of, the official designated organisation.

[Tom Brake]

I am sure when the hon. Gentleman was considering what actions to take he would never have considered, for example, co-locating with the designated organisation, sharing a server with the designated organisation, or sharing the same supplier on the same basis as the designated organisation.

[Tommy Sheppard]

The right hon. Gentleman is ahead of me. I was going to say that I have had cause over recent weeks to wonder: what if we had done it differently? What if the designated campaign organisation had come to me and said, “We would like you to do this activity, and the best way to do it, because we do not want it in our budget, is if we set up a separate organisation. Just to make it easier for you, our lawyers have done the paperwork to set up the organisation. Just to make it easier for you, you can have our staff and you can work out of our office. Just to make it even easier for you, you don’t need to bother about writing the cheques, because we will book and pay for the hall and the production”? What would have happened if we had done that, I wonder? I am in no doubt about what would have happened: the Electoral Commission would have investigated. It would have found me and Yes Scotland in breach of the regulations. We would have been fined and we would have been reported to the procurator fiscal for prosecution on criminal charges.

I say that because that lived experience frames my opinion of the events we are talking about today, and my opinion is that this stinks to high heaven. In preparation for this debate, I looked at the original investigation and judgments of the Electoral Commission with regard to these complaints, and—I recommend hon. Members do this—at the High Court judgment on the application for judicial review of that decision. What it comes down to—what is absolutely central to this debate—is not whether different campaign organisations were arguing for Vote Leave, but whether they colluded to breach the expenditure limits that were set down. That is central.

Looking at the High Court judgment and other documents, it is clear that the most important thing is whether or not a common plan was in existence between Vote Leave and BeLeave, as defined under the 2000 Act. I have to say, in a situation where Vote Leave sets up a subsidiary organisation called BeLeave, uses its own personnel to establish it, manages to send it its lawyers and all sorts of support, and provides offices, computers and drives on the server for the same people, it is very difficult indeed to escape the conclusion that there was collusion and organisation between the two.

We are being asked to believe that Darren Grimes took a £600,000 contract and went to a data analytics firm in Canada, completely independently of people in Vote Leave, who had already spent £2.7 million with the very same company. It is literally unbelievable and we need to support the Electoral Commission and others in investigating this to the bottom.

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[Tom Brake]

May I start by once again thanking you, Mr Speaker, for facilitating this debate?

The Minister said that she would not be drawn on the allegations that have been referred to the Electoral Commission and the police, although she did go on to say that we have a clear and robust electoral system. I must gently chide her, because she might want to wait for the outcome of the investigations to see whether our electoral system is in fact clear and robust.

The Minister also would not comment on the actions of the Prime Minister’s political officer. As a number of Members have said, that is not a matter that is sub judice. I think that it is a matter of morals, as the actions that were taken have exposed someone to risk. The Minister did not want to respond to that, so perhaps her view is that it is something the Prime Minister should look into very carefully, and consider carefully the position of that member of staff.

We have heard many challenging contributions from the Opposition Benches and silence from the Government Benches, apart from the Minister’s speech and a few interventions. I asked her a few specific questions at the end, which she did not answer, so I hope that she will be able to do so in writing, specifically on whether any legal reforms are needed.

In conclusion, I do not think that anyone on the Opposition Benches today will leave reassured that the law was not broken and that the people were not cheated, but we will have to wait for the outcome of the inquiry to see whether these allegations are true or false.

Question put and agreed to.

Resolved,

That this House has considered the EU referendum and alleged breaches of electoral law.

Salisbury Incident

Tom Brake Excerpts

Monday 12th March 2018 Commons Chamber

[The Prime Minister]

My hon. Friend is absolutely right that the character of the threats we face is changing. They are diversifying and we need to ensure that we are able to deal with them across the range of actions that need to be taken. Indeed, some will not always fall into what might conventionally be considered to be defence.

[Tom Brake (Carshalton and Wallington) (LD)]

Will the Prime Minister confirm that we bear the Russian people nothing but good will? It is President Putin who we have in our sights and we will not allow him to use this in the presidential elections to burnish his image as a strong man.

[The Prime Minister]

The right hon. Gentleman is absolutely right. It is the Russian state we are challenging in relation to this particular act that has taken place on UK soil, not the Russian people.

UK/EU Future Economic Partnership

Tom Brake Excerpts

Monday 5th March 2018 Commons Chamber

[Tom Brake (Carshalton and Wallington) (LD)]

The Prime Minister has one chance to pull back from the abyss described in her own impact assessment. Is she willing to stand up for the majority in this country who do not want the disastrous hard Brexit and give Parliament and the public a meaningful vote that includes the option of staying in the EU, and to vote for an exit from Brexit, or will she let herself be dragged down by the inconsequential and deluded men who sit on her Front Bench and become the third Conservative Prime Minister in history to be brought down by Europe?

[The Prime Minister]

There was a time when the Liberal Democrats actively wanted a referendum on EU membership. We gave the people a referendum, they voted, and there will be no second referendum, no exit from Brexit; we are leaving the EU and delivering on the vote of the people.

Northern Ireland and the Republic of Ireland: Border Arrangements

Tom Brake Excerpts

Wednesday 28th February 2018 Commons Chamber

[Mr Lidington]

We are certainly seeking no hard border and, helpfully, the Government of Ireland are also committed to that objective. Having served six years as Minister for Europe, I am used to trying to resist provocation, wherever it comes from.

[Tom Brake (Carshalton and Wallington) (LD)]

The Foreign Secretary’s absence tells us all that we need to know about how accountable he feels he should be to this House. I must therefore ask the Minister instead why the Foreign Secretary was speculating about the Northern Ireland-Ireland border becoming “significantly harder”. What measures was he considering that might be necessary on the border?

[Mr Lidington]

The right hon. Gentleman served in the coalition Government, so he knows that Government business involves Ministers writing and conversing with each other all the time. The Government’s policy is the policy that has been collectively agreed by the Cabinet, and that is what the Prime Minister and I have set out this afternoon.

Oral Answers to Questions

Tom Brake Excerpts

Wednesday 10th January 2018 Commons Chamber

[Chloe Smith]

One of the very first things for me to do in my new role is to meet the Electoral Commission, and I look forward to discussing that with it.

[Tom Brake (Carshalton and Wallington) (LD)]

I welcome the new Minister. Does she agree that one of the ways of reducing foreign influence in our democratic processes would be for Members of this House not to go on Russia Today and Sputnik, and indeed be paid money for doing so?

[Chloe Smith]

Hearing from the right hon. Gentleman reminds me of the heady days during the coalition Government when we served in and around the Cabinet Office together. His question reminds us that there are hon. Members who seem to feel the need to do as he says. I think it would be more helpful if we recalled the words of the Prime Minister in her Mansion House speech, which were that we should be well aware of what Russia seeks to do and should seek to protect to the UK from it.

European Council

Tom Brake Excerpts

Monday 18th December 2017 Commons Chamber

[The Prime Minister]

I absolutely agree, and I fully recognise not only the importance of the role that services play in our economy, but the fact that the balance of relationship with the European Union in services is different from that in goods. Services are a great part of our economy. I want to ensure that we continue to have good trading relationships in services and that we look at how we can enhance our trading relationships in services around the rest of the world.

[Tom Brake (Carshalton and Wallington) (LD)]

In the press this morning, there were reports that in advance of the meetings today and tomorrow, Ministers have received assessments of impact of the different models of Brexit—or, indeed, impact assessments. Can the Prime Minister confirm whether that is correct, and, if so, would she be willing to put them into the public domain?

[The Prime Minister]

We have been very clear that, as the right hon. Gentleman knows, what he refers to as impact assessments do not exist. The answer to his question is simply no.