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Conservative election spending questioned

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electoral commission, channel 4 news, police forces, Conservative Party, election spendingConservative Party taken to court amid claims that it breached spending rules.

The Conservative Party has had to be taken to court by the election watchdog amid claims that it breached spending rules at recent by-elections and the General Election in 2015.

The watchdog – the Electoral Commission – had to apply to the high court for a document and information disclosure order after party chiefs failed to provide the details requested, the Guardian reported recently.

And to date nine police forces have also launched fraud investigations into claims that the Conservatives recorded the costs of activists being bussed into marginal seats as part of the national campaign rather than under individual candidates’ limits.

On 28 April the Electoral Commission, in its role as the regulator of political funding and spending, announced that as part of the investigation launched on 18 February 2016 into Conservative Party campaign spending returns, it had requested that the Crown Prosecution Service (CPS) and the police consider applying for an extension to the time limit available to pursue criminal prosecutions.

The final decision to apply for an extension rested with the police and the CPS.

Bob Posner, director of party and election finance and legal counsel at the Electoral Commission said: “The police and the CPS both have the power to apply to the Courts to extend the time limit on bringing criminal prosecutions for electoral offences to allow for full investigations to take place.

“We have requested that they consider doing this.”

The rules around candidate spending and potential criminal offences are matters for the police to investigate under the Representation of the People Act (RPA) 1983.

The Commission’s request does not mean that it has any view on whether criminal charges should be brought, but that the CPS and the police should consider whether it would be appropriate to leave open to themselves the option of pursuing cases if they consider this is necessary at any stage.

Transparency and accountability in relation to campaign spending by local candidates and political parties is essential in order to ensure public confidence in the electoral process.

Parliament has determined that anyone found guilty of an offence under the RPA relating to candidate spending or the making of a false declaration in relation to candidate spending, could face imprisonment of up to one year, and or an unlimited fine.

The effect of a conviction is also that for 3 years a person convicted of an illegal practice is unable to be elected to the House of Commons or to hold elective office.

Given the significant penalties that parliament has made available for such offences, the Commission’s view is that in the absence of any current investigation by the police, it would be sensible for the criminal justice agencies to retain the ability to take action should appropriate evidence come to light as part of the Commission’s own investigation.

The Electoral Commission is currently investigating whether the Conservative Party met their reporting obligations under the Political Parties Elections and Referendums Act (PPERA) 2000, at the General Election in May 2015 and in the by-elections held in Newark, Clacton and Rochester and Strood, which all took place during the regulated period for the General Election.

The Commission does not currently anticipate that its own investigation will have concluded before the time limit for RPA offences to be considered by the police will have expired.

The Commission monitors and takes all reasonable steps to secure compliance with the rules on campaign spending by local party candidates, but has no powers to investigate or sanction candidate spending offences under the RPA. It has recently called again for its powers in this area to be strengthened.

The Commission does have powers in relation to national campaign spending although its sanctioning powers are limited to a civil penalty of up to £20,000, which it has previously recommended should be reviewed and increased.

The government has not yet responded to this recommendation.

On 12 May the Electoral Commission announced that as part of its investigation launched on 18 February 2016 into Conservative Party campaign spending returns, it has made an application to the High Court for a document and information disclosure order.

The application, which names the Conservative and Unionist Party as the Respondent, is made under paragraphs 4 and 5 of Schedule 19B to the Political Parties Elections and Referendums Act (PPERA) 2000.

Using its powers under PPERA, and in line with its Enforcement Policy, the Electoral Commission may issue a statutory notice requiring any person, including a registered party, to provide it with specific documents and/or information as part of an investigation.

This places the recipient under a legal obligation to provide the required material.

However, if the recipient does not comply with this statutory notice, the Commission may apply to the High Court for a disclosure order which if granted would be the court compelling the Respondent to release the required documents and information to the Commission.

The Commission issued the Conservative and Unionist Party with two statutory notices requiring the provision of material relevant to its investigation.

However, the Party has only provided limited disclosure of material in response to the first notice (issued on 18 February 2016) and no material in response to the second notice (issued on 23 March 2016). That follows the Commission granting extensions of time to comply.

 “If parties under investigation do not comply with our requirements for the disclosure of relevant material in reasonable time and after sufficient opportunity to do so, the Commission can seek recourse through the courts,” Bob Posner said.

“We are today asking the court to require the Party to fully disclose the documents and information we regard as necessary to effectively progress our investigation into the Party’s campaign spending returns.”

The Commission will now make no further comment on the investigation, in line with its Enforcement Policy.

  1. Channel 4: Conservative’s election expenses exposed http://www.channel4.com/news/election-expenses-exposed

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