EU Referendum: Electoral Law

Ed Davey Excerpts

Tuesday 27th March 2018 Commons Chamber

[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.

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[Geraint Davies (Swansea West) (Lab/Co-op)]

rose—

[Sir Edward Davey]

rose—

[Mr Speaker]

Order. I should say to the right hon. Member for Kingston and Surbiton (Sir Edward Davey) that I am not in receipt of an application from him to speak in the debate, whereas others have applied. I know that he is a figure of considerable celebrity in his constituency and, although it is a divisible proposition, arguably within the House. I am sure that I will be happy to hear him, but he has a habit of looking at me astonished that he has not been called immediately, so in case he wonders why I am not calling him immediately, I say very gently to him that other people, also busy with many commitments and very full diaries, actually got around to applying to speak, so he had better wait. We can look forward to his eloquence and erudition.

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

I am most grateful to you, Mr Speaker, for allowing me to catch your eye without a written application to the Chair. If I may say so, in humbly apologising to you, I had thought that Conservative Members would make speeches in the period of up to two hours that you had allocated to this debate, but we have not had a single speech from the Conservative Benches. I had not written to you, Sir, because I did not think an extra speech would be needed. However, I think it is important that Conservative Members hear the allegations that are made, because they are very deep allegations.

[Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)]

I would have liked to speak in this debate had I not had other matters to participate in. Is it not astounding that the only contributions we have heard from Conservative Members thus far have been what-aboutery and trying to draw equivalence with other matters? On the critical issue that we are addressing today, we have heard nothing. Not one Conservative Member has found it in themselves to address this issue, which is at the heart of our democracy.

[Sir Edward Davey]

The hon. Lady is absolutely right. It is astounding, because this debate is about more than Brexit and the issues being raised in this debate are bigger than Brexit. They are about how our democracy works, parliamentary sovereignty and the rule of law. I thought that Conservative Members, particularly the Brexit Conservatives, had wanted to pull us out of the EU in order to defend parliamentary sovereignty and the rule of law as they describe it. But they are not here to defend that rule of law today, which is what is so shocking about their failure to make speeches in this debate.

[Mrs Moon]

Does the right hon. Gentleman agree that if we ignore this issue—if we do not take it apart and examine it in full—we are allowing a criminalisation of our democracy? We must acknowledge that that is what is at risk here. No matter how inconvenient a truth it is, we must absolutely get to the bottom of it.

[Sir Edward Davey]

Of course, the hon. Lady is absolutely right. If the law has been broken in the serious way that is alleged, it will be a criminal offence. If that is the case, that criminal offence would have been committed in relation to a massive vote that will result in huge constitutional changes. As this is such a serious matter, I would have thought that right hon. and hon. Members from both sides of the House would surely want not just to listen, but to participate.

[Simon Hoare (North Dorset) (Con)]

During the referendum campaign the Government were in favour of us remaining in the European Union—a position that I shared—and the Conservative party took a corporate stance to be neutral in that campaign. As the leave campaign and the remain campaign have ceased to exist as legal entities, does the right hon. Gentleman accept that any allegations made against either campaigning organisation in the referendum is best dealt with by the Electoral Commission, not by Parliament? This is not for the Government to answer, because this is not about a Government policy.

[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.

[Mr Bradshaw]

I should not be doing the Conservative Members’ job for them but, in the interests of fairness, the hon. Member who has probably done more than most on this—certainly more than me—and who knows more than most about this subject is the Chair of the Select Committee on Digital, Culture, Media and Sport, the hon. Member for Folkestone and Hythe (Damian Collins). He could not take part in the debate because he was hearing this vital evidence from Chris Wylie. I am sure that he will also be doing his job very adequately in front of the Prime Minister later this afternoon. We need to approach this issue as consensually as we can because it is about not party politics, but the integrity and security of our electoral system.

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[Sir Edward Davey]

I agree with the right hon. Gentleman about the efforts and expertise that the Chair of the Select Committee is bringing to that inquiry, which is important to the whole debate. I also agree with the right hon. Gentleman on the need for us to try to cross party divisions, and the divisions that we saw both during and after the referendum campaign.

I have been contacted by leave voters who are disturbed by these allegations. Many leave voters are very patriotic people who believe that one of the key traditions and values of this country is that we respect the rule of law and do not allow cheats to prosper. This issue can bring Parliament and both sides of the debate together. Whoever cheated during the referendum—if anyone cheated—needs to be held to account.

[Sir Edward Leigh]

With respect, the right hon. Gentleman has not answered the point made by my hon. Friend the Member for North Dorset (Simon Hoare). Of course he is entitled to give his speech, and Parliament is entitled to debate this, but the question we want him to answer is: who should decide whether to take action? Is it the Government, who were parti pris and took one side of the debate in the referendum, or should it be an independent body, namely the Electoral Commission? Who should make the final decision?

[Sir Edward Davey]

A number of bodies could ultimately look at the different accusations. We have a live investigation by the Electoral Commission, and we await the result of that. My right hon. Friend the Member for Carshalton and Wallington spoke very much about the Electoral Commission in his speech. We also have the investigations by the Information Commissioner’s Office into the related allegations with respect to Cambridge Analytica and Aggregate IQ. Many of us feel that the evidence so far suggests that the police should be investigating these organisations, because there could be a criminal act. Let me absolutely clear: I certainly am not suggesting that Ministers are responsible for any investigation. That would not meet my requirements for an inquiry.

[Wera Hobhouse]

Does my right hon. Friend agree that while an independent body should investigate, we perhaps need to update the law and do something here in Parliament in order to adequately respond to these things in the future?

[Sir Edward Davey]

Indeed. I have written to the Chair of the Home Affairs Committee, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), to ask whether her Committee could hold a parliamentary inquiry into the different aspects that are not covered by the inquiry of the Digital, Culture, Media and Sport Committee. I seriously think that the House needs to augment and support the investigations by those independent bodies. We have powers in the House to bring people to the bar to discuss and to give evidence, and that is the right and proper thing to do.

[Susan Elan Jones (Clwyd South) (Lab)]

Does the right hon. Gentleman think it is an irony that the same Government who were so keen on the lobbying Act—to such a degree that small charities around the country were frightened of intervening near elections—and who are introducing voter identification and all sorts of ID, simply so that they catch the 29 people or however many it was who committed electoral fraud last time, seem remarkably lacking in concern over this?

[Sir Edward Davey]

The hon. Lady makes a good point. The fundamental issue here is: did people in the leave campaign cheat? Did they break the law? That is what we need to focus on. The hon. Member for Swansea West (Geraint Davies) made an analogy with athletes and sport. If athletes dope, we expect that to be investigated and then punished, whether or not that cheating affected the result of a race or any competition. It is the cheating and the breach of the law that needs to be followed through, whether or not it relates to the outcome of the referendum.

[Geraint Davies]

Does the right hon. Gentleman agree that if Ministers—I am thinking specifically of the Foreign Secretary and the Environment Secretary—are implicated in any illegal activities and are the dopers in the analogy he is using, they should not be above the law, and that when the police are doing the investigation, they should not be intimidated or deterred from putting forward a legal case against Ministers, irrespective of their position in this place?

[Sir Edward Davey]

In responding to the hon. Gentleman, I want to be clear that these are all allegations. We need proper authorities to investigate, but of course, if those investigations go to the door of any Member of this House, be they Minister or not, the full weight of the law should go against that individual. No Member of this House should be above the law in those investigations.

I want to be a little clearer than the debate has been so far about how the Electoral Commission, which is key to this, thinks about whether there has been cheating. The Electoral Commission’s guidelines about whether a campaign has colluded are quite clear. It sets out three criteria for whether campaigns are highly likely to be working together.

The first is whether the campaigns spend money on joint advertising campaigns, leaflets or events. The evidence brought forward by Fair Vote, which can be seen by anyone at www.fairvote.uk, suggests that Vote Leave and BeLeave co-ordinated with the same digital strategy vendor, Aggregate IQ, so there does seem to have been co-ordination between their advertising campaigns.

The second test the Electoral Commission has set out is whether campaigns have co-ordinated their spending with another campaigner. The evidence produced by FairVote is very clear: it shows that BeLeave appears to have been assigned specific responsibility for the youth audience by Vote Leave. That is co-ordination and collusion.

The third test on cheating set out by the Electoral Commission is whether a campaign can approve or has significant influence over the spending of another campaigner. Again, the dossier shows that BeLeave was based at Vote Leave HQ, as we have heard, and appears to have reported to Vote Leave directors and shared all its information with their staff.

In other words, the three tests put forward by the Electoral Commission on whether illegal collusion has occurred appear to have been met, according to the evidence in this dossier. I urge all right hon. and hon. Members to read and think about it before they tweet in the way that was done by the Foreign Secretary, who at the weekend dismissed these allegations as ludicrous.

The Foreign Secretary may well have tried to dismiss these allegations, because if they prove to be true, the investigations and inquiries that we all want to follow this debate and public discussion may well want to ask him questions. Ultimately, he was in charge of and a key player in the Vote Leave campaign, and people will want to know whether he knew about this collusion. Did he know that moneys were going from Vote Leave to BeLeave? Did he know that the staff of both campaigns were colluding and working together? Did he know that Aggregate IQ was being used by both campaigns in a very similar way? These are very serious allegations, and we need to have independent inquiries. The same questions could of course be applied to the Secretary of State for Environment, Food and Rural Affairs.

I would like to ask the Prime Minister whether she has asked her Foreign Secretary and her Environment Secretary about what they knew. If she is in charge of her Government, she ought to be asking her Ministers what they knew, given the severity and gravity of the allegations now in the public domain. If she is not getting good enough answers from the Foreign Secretary and the Environment Secretary, she should be taking action. There is another issue with regard to the Prime Minister’s responsibilities, which is that she has key members of staff in No. 10 who were staffers in these campaigns and appear to be part of the alleged collusion. At the very least, she should be asking them questions and getting assurances from them, and if those assurances are not good enough, she should take the appropriate action.

I want to ask the Minister whether the Foreign Secretary was speaking for the Government when he pushed aside these allegations as nonsense. Is that what she will say at the Dispatch Box in a few minutes’ time? Does she, speaking on behalf of her Majesty’s Government, agree with the Foreign Secretary that these allegations are all complete nonsense—before they have been investigated? That would be a quite extraordinary position for Her Majesty’s Government to take, and particularly for the Foreign Secretary to take, given that he is supposed to speak for this country about the rule of law in other countries—and one wonders, doesn’t one?

[Mr Bradshaw]

Does not the right hon. Gentleman also think it is telling that the Foreign Secretary put out his statement as soon as the news broke on Friday evening? He cannot possibly have read the three huge files of documentation that have been presented to the Electoral Commission and the ICO, can he?

[Sir Edward Davey]

One does wonder about the people connected to the Vote Leave campaign who have tried to get in their rebuttals and answers rather rapidly. The head of the staff side of the Vote Leave campaign, Mr Dominic Cummings, put out a pre-rebuttal before the allegations were in the public domain. It sounds as though he knew quite a lot about what the allegations would be, but perhaps he knew the truth. I am afraid that his pre-rebuttal did not convince anybody. Now that we have the allegations, with detailed evidence of emails and photo grabs of things that have since been deleted, we know why Mr Cummings was desperate to get in his rebuttal. I cannot know whether the Foreign Secretary was in the same position, but one has to have one’s suspicions raised.

It is because the allegations are so grave, affecting the most momentous decision this country has taken since the second world war, that the Liberal Democrats, supported by all colleagues on the Opposition Benches, are absolutely right to ask these questions of the Government. Just because there is no Division after this debate does not make these questions and this debate something the Government can push aside. I say to the Minister that we will be coming back and back again to this until we have answers. When the Electoral Commission reports, the Information Commissioner reports and, hopefully, the police report, those reports need to be published and debated here in this House. We will not let this lie. Why? Because we want to defend British democracy. We want to defend parliamentary sovereignty. We want to defend the rule of law. I hope the Minister will say from the Dispatch Box that that is what she is going to do, too.

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[Mr Speaker]

The short answer is no. The hon. Lady highlights an extremely important and sensitive matter, and I appreciate that she does so not least in her capacity as a constituency Member of Parliament. It will be a matter of considerable concern, not just to Members in affected constituencies, but right across the House. I have received no such notification but, knowing the perspicacity and ingenuity of the hon. Lady, I feel sure that she will find a way of highlighting the matter in the Chamber sooner rather than later.

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

On a point of order, Mr Speaker. The Minister mentioned the role of the Speaker’s Committee on the Electoral Commission in these types of discussions and inquiries. My understanding is that your Committee’s statutory duties are focused on matters such as the estimate and the resources available to the Electoral Commission. That has been raised as a matter of debate, so I wonder whether you could enlighten the House on what role your Committee might take in this regard.

[Mr Speaker]

The short answer is that the right hon. Gentleman is right; the Speaker’s Committee on the Electoral Commission preoccupies itself with the estimate, and scrutiny thereof. That is a narrow albeit important remit. We are concerned with resources. There have been occasions when a particular issue appertaining to the Electoral Commission has arisen that has caused the Committee to meet to hear from its officers. However, so far as investigations are concerned—to be fair, the Minister did not suggest otherwise—those are not matters in which my Committee would in any way become involved. There is a model for this in relation to the Independent Parliamentary Standards Authority—the model of a Committee scrutinising an estimate—and Members should have that in the forefront of their minds. We do not get involved in investigations. In so far as the right hon. Gentleman’s point of order and my response to it has made that even clearer, I welcome that.