Overseas Electors Bill (Third sitting)

Debate between Ben Bradshaw and Layla Moran

Wednesday 31st October 2018 Public Bill Committees

[Layla Moran]

I beg to move, That the clause be read a Second time.

It is a pleasure to serve under your chairmanship, Ms McDonagh. Now I have the right clause in my head. The other one was about overseas constituencies, and I am partly sad that that did not pass, but this is the clause that I feel passionately about. New clause 2 tackles, or tries to start to tackle, some of the issues around donations that will arise as a result of this Bill. I prepared the clause with the Electoral Commission and we have had many conversations about its concerns regarding donations to do with this Bill. I strongly urge hon. Members from across the House to bear some of these things in mind.

The issue arises because by removing the 15-year time limit we will by definition have many people who were not at some point in the past on the electoral register. The way that political parties are currently allowed to accept donations is that it is quite easy to look up whether someone has previously been on the electoral register at some point in the past 15 years. Let us face it, we probably have the data from the lists that we have kept over the years. Even if someone came to us and said, “Right, I’ve been living in Belgium”—or Cambodia, or whatever—“and I would like to make a donation. I was on the electoral register at this address at this time,” it would be very easy for us to check.

The problem with this Bill arises because there will now be a large number of people who are absolutely—as is right—British citizens and allowed to vote, who will now be allowed to make political donations but will not have been on the register at any point in the last 15 years. What the Electoral Commission would like, which is not what I have proposed, is clarification in law that someone has to be on the register now in order to make a political donation, so that that grey area is completely removed.

We could say, “Well, you could just make sure they are registered,” and a political party could just ensure they are on the register. The problem arises because there is a Supreme Court judgment from 2010 that said that political parties, and anyone accepting a donation, must bear in mind the permissibility of being on the electoral register. They do not have to be on the electoral register; they just have to be allowed to be on the register by the current law.

This Bill thus opens up a large number of people who could possibly donate into the UK and puts a huge onus on political parties to decide whether to accept the donation. In this new clause we are simply asking for a report. I know that reports are all the rage in all these new clauses, but the report would come after the Bill was enacted and would not stop anything, but would ask the Government to look carefully at the specific matter of donations to do with this Bill.

I know that the Minister has said in other arguments that the Government want this to be a very closely defined Bill, and I understand that. However, the problem I am raising arises only because of the Bill, so it is right to make a provision to assuage the Electoral Commission’s concerns about the issues that it will bring up. We are asking for a simple report on, first, whether political parties have faced situations where they could not tell whether donations coming in were from permissible donors. Incidentally, the flip side of that is that British citizens who are now within their rights to vote and want to be able to donate to political parties will have trouble doing so. We need to ensure that that is as easy as possible. Secondly—this is critical—the Electoral Commission is worried about its ability to enforce whether donors are permissible.

[Mr Bradshaw]

The hon. Lady may or may not be aware that the biggest donation to the Democratic Unionist party in political history was made during the referendum campaign and we still do not know whether the donor was permissible. The Government’s refusal to backdate the change in the rules to make donations in Northern Ireland transparent means that we do not know, and possibly never will know, the source of that money. She will be aware that that is of great concern to many parliamentarians and the Electoral Commission, as well as to investigative journalists and the people of Northern Ireland. They have been trying to get to the truth of whether that money, which bought hundreds of thousands of pounds of advertising in the rest of the UK—it was not spent in Northern Ireland, and some of it was spent on Cambridge Analytica—in effect helped to buy the referendum.

[Layla Moran]

I thank the right hon. Gentleman for his helpful intervention. In fact, I asked the question in Northern Ireland questions today. We can leave aside what is going on with the referendum, the investigation into Vote Leave and all the rest of it, but also we cannot. The public are keenly aware, now more than ever, that there is a potential problem with political donations and interference from abroad. This new clause would allow a mechanism to say to the public, “We understand your concerns and we promise to take them into account.”

I credit the Minister. I think she does a fantastic job, and I have said that to her. She said that during the course of her normal working life she will talk to the Electoral Commission as issues arise and all the rest of it, and I absolutely agree, but I think we need to send a strong signal to the public that we are taking the issue seriously. The new clause is an opportunity to do that, as a direct consequence of how electors will be allowed to enter registers in this country. I urge everyone to support the new clause, partly because it is the right thing to do, partly because the Electoral Commission has specifically asked for it and partly because it would send a strong signal to the public that we take foreign donations seriously and that this Government will ensure that if there are any shenanigans, they will be caught comprehensively—not as we go—and dealt with.