EU Referendum: Electoral Law

Debate between Tom Brake and Adam Holloway

Tuesday 27th March 2018 Commons Chamber

[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.