EU Referendum: Electoral Law

Debate between Tom Brake and Tim Loughton

Tuesday 27th March 2018 Commons Chamber

[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.

Oral Answers to Questions

Debate between Tom Brake and Tim Loughton

Monday 7th June 2010 Commons Chamber

[The Parliamentary Under-Secretary of State for Education (Tim Loughton)]

I congratulate the hon. Lady on her election. Very soon she will hear further details of the demise of ContactPoint, which was not championed by a great many professionals at the front end, who knew that the bureaucracy added to safeguarding over recent years has contributed to some of the dangers to our children, so we would like to replace it with a much better system. She will hear more details shortly.

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

T2. Does the Secretary of State agree that whether or not Building Schools for the Future continues in its present form, schools such as Carshalton Girls, Carshalton Boys and Wandle Valley will still need substantial investment—about £70 million—to help them improve buildings and deal with demographic pressures?