PARLIAMENTARY DEBATE
Electoral Commission Investigation: Vote Leave - 17 July 2018 (Commons/Commons Chamber)
Debate Detail
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 place on the record my thanks to all those involved in the electoral community, which works hard at every poll to deliver it within the law such that we can be proud of our democracy.
The Electoral Commission is the independent body that oversees the conduct of elections and referendums and regulates political finance. The commission regularly reports on the running of elections and referendums and conducts thorough investigations into allegations that rules have been breached. Electoral law exists to ensure fair campaigning, and the commission has determined that those rules have been broken. Both Vote Leave and BeLeave have been fined and referred to the police, and it would not be appropriate for the Government to comment on ongoing police investigations.
That electoral rules have been breached is rightly a cause for concern, but that does not mean that the rules themselves were flawed. The Government will continue to work closely with the Electoral Commission, along with many other stakeholders in the electoral system, to protect the integrity, security and effectiveness of referendums and elections. Let me make it clear for the record that we will continue to implement the referendum’s result and to make a success of it.
“Vote Leave has resisted our investigation from the start, including contesting our right as the statutory regulator to open the investigation. It has refused to cooperate, refused our requests to put forward a representative for interview, and forced us to use our legal powers to compel it to provide evidence.”
Who do these people think they are? They think they are above the law.
With new facts arising every week, it is well known that there will be no extra £350 million a week for the NHS, and so on. We know Vote Leave’s claims turned out to be a fantasy, but we now know it cheated, too, and it is official. Given that there was a four percentage point gap between leave and remain, and given that Vote Leave overspent by just under 8%, does the Minister agree that we cannot say with confidence that this foul play did not impact on the result?
Does the Minister believe that Vote Leave acted in contravention of natural justice and of our democracy in acting in such an obstructive way? What urgent legislation will the Government bring forward to address the Electoral Commission’s serious concerns about the enforcement regime for electoral law, which it has raised today?
And who was at the scene of these crimes? Vote Leave was co-led by the current Secretary of State for Environment, Food and Rural Affairs, who co-convened its campaign committee. Where is he? Why is he not here? That committee was charged with overseeing the implementation of a framework that included the way in which fundraising was conducted and donations collected. He, along with the former Foreign Secretary, the right hon. Member for Uxbridge and South Ruislip (Boris Johnson), was part of a core group of the committee who met on a daily basis to ensure the campaign was on track. As such, either the Environment Secretary knew what was going on, which is a very serious matter, or, if he did not, how can we have any confidence that he is capable of overseeing his Department? What did he know? The International Trade Secretary, the Transport Secretary and the Brexit Secretary also sat on that committee. What did they know about what was going on?
In short, members of the Cabinet sat in an organisation that has been found to have flouted our democracy. Does all that not demonstrate that we need a full, urgent public inquiry into the leave campaign, given that it calls into question the legitimacy of the entire Brexit process that is preoccupying this House?
“of an investigation in respect of Vote Leave Limited, Mr Darren Grimes, BeLeave, Veterans for Britain”.
The report is not in respect of a number of others raised by the hon. Gentleman, and I will therefore not enter into those questions. [Interruption.] I simply will not enter into discussion of other named individuals, nor will I enter into discussion of ongoing investigations, whether by the police or by the courts. [Hon. Members: “Why not?”] Do we really need to begin by asking ourselves why the Government should not interfere in independent investigations and police examinations? I cannot believe that the Labour party needs the answer to that question so early in the afternoon.
As I said in my earlier remarks, we are getting on with delivering the result of the referendum. We have very clearly set out why we think that is the right thing to do, and it is fundamentally because we believe in the people’s ability to make a choice. That is why we respect the referendum result. Unfortunately, it is clear that the hon. Gentleman does not believe in the people’s ability to choose, and I think he argues instead that they should be asked again and again. I do not agree with his arguments but, none the less, I am here today to answer questions on this report by an independent regulator—I am happy to do so within my powers.
We only got to hear about these activities because of the bravery of whistleblowers. What was the response of those involved? They outed one of the whistleblowers as gay, without his permission, and therefore put him and his family at risk. One of the people responsible for this outing was working as a senior adviser in Downing Street. The Prime Minister refused to sack him, so presumably she supports, or at least excuses, these monstrous actions. Will she now, on the back of this report, dismiss him as an adviser?
Of course, as my hon. Friend has mentioned, senior members of the Government were involved in the Vote Leave campaign. Those include the Secretary of State for Environment, Food and Rural Affairs and the recently departed Foreign Secretary, who is uncharacteristically silent today. Will they now come to the House and explain their role in both the initial scandal and the cover-up? If the leaders of the Vote Leave campaign cannot be trusted to abide by the rules of the referendum, how can we trust them to abide by the rules of any future election? Indeed, how can we trust them to conduct their ministerial duties with honour, integrity and honesty? So can the Minister tell us whether those leaders of Vote Leave who are now Ministers or who are former Ministers will be referred to the Cabinet Secretary for investigation as to whether they have broken the ministerial code?
Yet again, we have been confronted this week by the chaos this Government have got themselves and the country into, dumping their own Euro civil war on the rest of us and sowing division throughout. We have Brexit extremists at war with their own Prime Minister, and a Government who at every stage have put party before country. Members in this House and the public are entitled to ask how on earth we got here, yet British politics and the British people deserve better than this. We cannot allow cheating and dishonesty to become accepted norms in our political system, so let me ask the Minister: what is her proposal to bring decent honest politics back to the fore? If this Government have not got any, perhaps it is time they moved aside for a Government who have.
We have in front of us a report of an investigation in respect of named individuals. I have already said that I am not going to comment on ongoing investigations, and that covers several of the points that the hon. Gentleman just raised. I will say again that the Electoral Commission is an independent organisation and can undertake any investigation that it feels is necessary. Indeed, as you know, Mr Speaker, it can report back to this House through your Committee on the Electoral Commission. That is its governance. The point is that we need to be able to say to the public who are watching this debate that we are getting on with delivering the result of the referendum in which they voted. [Interruption.] I can hear some Opposition Members shouting; perhaps it is that faction of the Labour party that believes in having a second referendum, or perhaps it is that faction of the Labour party that believes in not having one, or perhaps it is that faction of the Labour party that does not know what it believes in. What we believe in is that our independent—[Interruption.]
“We couldn’t have done it without them.”
That is Dominic Cummings, who will not appear before Select Committees, having claimed during the campaign that he wanted to restore the sovereignty of Parliament. He runs away from accountably himself. Consequences must follow. We cannot have confidence that the referendum was secure, and it should be rerun.
“It is open to the Vote Leave family to create separate legal entities, each of which could spend £700,000: Vote Leave will be able to spend as much money as is necessary to win the referendum.”
The Electoral Commission’s rules are specifically designed to stop this kind of thing. It says that we should
“stop people getting around the spending limits by coordinating several campaigns at the same time.”
We have now established that spending limits were broken by the leave campaign precisely through separate legal entities following a common plan to get around the rules. Why is it that when such intent was reported four months before the referendum, it has taken two-and-a-half years to get to this conclusion? What does it say about the integrity of this result? Is it not ironic that the so-called people’s revolt against the elite was conspiring from the get-go to get around the rules with limitless money from goodness knows what source? Does the Minister not agree that this needs to be fully investigated to cleanse the cloud that has been cast over our democracy by these findings?
“to justify this by saying that I failed a box ticking exercise”.
Can the Minister confirm that what has happened here is much, much more serious than that? The Electoral Commission has found that Vote Leave broke the law, that it cheated during this referendum, and that it had undermined our democracy. What are the Government now going to do about that?
Contains Parliamentary information licensed under the Open Parliament Licence v3.0.