Intimidation in Public Life

Jim Shannon Excerpts

Tuesday 21st May 2019 Westminster Hall

[Simon Hart]

The hon. Lady is right. That is on my list of actions. I should say that we have probably all witnessed closer engagement and greater recognition of the dangers of such activity from the police and the CPS. My police force has been faultless in its attention to detail as far as I am concerned, and I know that the Met has been doing its best as a central co-ordinator. However, the reality is that, particularly during an intense, short election campaign, some of the issues in 2017 that might have had an impact on the outcome for individual colleagues were not addressed in that four or five-week period. It was too complicated, they were crimes that rarely come up and police officers did not necessarily have an immediate knowledge of them.

I had one case in the 2015 election where electoral offences were being committed. I went to the police and was told that it had to be referred to the serious crime unit in York. I asked how long that would take and was told, “It will take six weeks.” I said, “That’s not a lot of use to me, because there is an election in two,” so they said, “Okay, we will book him for a traffic offence, then. That should sort it out.” I think that is what the police did. The hon. Lady makes a good point, and rapid action is vital.

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Gentleman for his contribution. I am ever mindful that when we in Northern Ireland take on the job of an MP, we take on the transparency of that job in meeting the general public and what comes with that. Many of us in Northern Ireland, including my hon. Friend the Member for East Londonderry (Mr Campbell) and me, have had direct threats on our lives because of the stand we take politically on issues, but—this is always at the back of my mind—public life does not mean signing up your spouses or children to be intimidated or bullied or threatened or murdered, whatever the case may be. Does the hon. Gentleman feel we need to raise the level to zero tolerance? Privacy for our families is important.

[Simon Hart]

The hon. Gentleman has more experience in this field than most, and I agree with him. We are ultimately attempting to avoid a situation where the gene pool from which our political representatives is drawn gets smaller and smaller. Whether that is for local authorities, a devolved Parliament or this Parliament, if we do not address this intimidation soon, for the reasons he points out, we will attract fewer and fewer people, and arguably the standard we expect of our politicians will go down and down, and the frustration of our electorate will go up and up. We therefore must deal with it now. It is not one for the slow burner, because whether we like it or not we could face a very angry electorate within months. I mentioned the Jo Cox Foundation, and I do not need to remind the House why it was created. We do not want to find ourselves in a position that gets anywhere close to the reason why that was set up.

The Government are taking a welcome step in the form of the “Online Harms” White Paper. I do not want to get into the detail of the relevance of that; we are all aware of it, and there is a huge responsibility on social media companies to play their part in ensuring that democratic engagement can continue without people feeling they are driven off social media or off the political stage altogether. The White Paper is a welcome step forward, and we hope it will be converted into legislation sooner rather than later. I heard a rumour—it must have been inaccurate—the other day that part of the reason we have not moved faster is down to insufficient parliamentary time. I do not know whether hon. Members agree, but I think we could possibly squeeze it in somewhere over the next few weeks.

We simply cannot allow this thuggish behaviour to intimidate the democratic rights of our voters, and we cannot allow the culture of fear to deter good people from stepping on to any political stage, whatever it might be. I leave the last words to the chairman of the Committee on Standards in Public Life, Lord Evans, who is the former head of the security services and therefore some expert on the corrosive impact of such behaviour on democracy. He said:

“If the decisions MPs make start to be altered as a result of threats and intimidation, that amounts to subversion of the democratic system and would be a dark day for our country.”

I agree with him implicitly.

One Public Estate Programme

Jim Shannon Excerpts

Tuesday 14th May 2019 Westminster Hall

[Matt Western]

My hon. Friend makes an extremely important point: this is an oligopoly, with just a few players controlling our land. I increasingly see local authorities coming to arrangements with the big players and developers, and that prevents land from being used wisely to deliver the sort of housing that we need.

With such a colossal social crisis before us, we should use all suitable public land to build high-quality social rented council housing, without exception—not 50% here or 40% there, but 100% of such land. I fear—with good reason, it seems—that the One Public Estate programme was designed more to incentivise the public sector to sell its precious land as part of a national asset-stripping programme than to use the opportunity so afforded to design in a more efficient delivery of public services or facilitate the building of social rented housing, which would be of most social benefit to most communities.

A relatively small number of homes have been delivered by the OPE so far: just 303, which is a failure in itself. Overall, the land released will enable the building of a further 2,550 homes, with an estimated 10,000 more homes over the next five years. It worries me that I cannot find the data on how many of those homes will be social rented, or even affordable—I suspect most are not—or how much of the land has been released to local authorities to build council housing; I suspect most has not. It would be helpful if the Minister provided the data today.

I do know, however, that the Government’s estate strategy revealed that around £2 billion has already been generated from selling more than 1,000 buildings in the last four years, with £164 million in capital receipts from land and property sales raised as part of the OPE. How much of that land could have been suitable for delivering the social rented council housing we desperately need? In truth, any such need, or means of facility to meet that need, has been fundamentally undermined by the prevailing attitude that public sector assets and land are best released to the private sector. I think it is fair to say that that was the view of what is now seen as a surprisingly neoliberal coalition Government. In the speech that I referred to earlier, Francis Maude went on to say that

“we want to release property back onto the market”,

and that the Government

“identified assets which could be released between now and 2020, generating £5 billion for the taxpayer.”

To be fair, it appears that this Government’s priorities have changed from those of the coalition Government. The Prime Minister has claimed that austerity is over, although the public are yet to see any evidence of that. She has also claimed that she wishes to solve the housing crisis, naming it the Government’s No. 1 domestic priority. Indeed, the borrowing cap has been reformed so that councils can begin building council housing at scale again, but a cap should never have been imposed in the first instance. I therefore urge the Minister to look again at how the One Public Estate programme operates, in terms of releasing public land, and to shift its priorities so that public land that is suitable for the development of social rented council housing is prioritised for that purpose, instead of being flogged off to the highest bidder.

The defence estate optimisation programme provides a very good example of the potential of OPE, but also its failings. The Ministry of Defence currently accounts for 2% of the UK’s land mass. The Government recognise that many of those sites could be better used, particularly for housing, and the Ministry of Defence therefore plans to release around 90 of its most expensive sites before 2040, potentially releasing land for 55,000 homes. That relies on linking up the Ministry with the relevant local authorities and providing them with the up-front cost and expertise needed to make the most of the release of those sites. The OPE is well placed to fulfil that role; indeed, it is already involved in discussions relating to 12 of the sites.

However, if we dig slightly deeper, we see that the opportunity for mass social rented housing programmes on that land is being totally missed. For example, St George’s barracks in Rutland is due to close in 2021, and the master plan that has been developed provides for 2,200 homes as part of a new garden village. The OPE programme was awarded £175,000 in December 2017 for project management, consultation, surveys and master planning of the barracks site—so far, so good. However, when we delve into the master plan, we see that only 30% of the homes will be affordable. Worse still, of those, 50% will be affordable rent, which we all know is not that affordable; 35% will be starter homes or other affordable home ownership products; and 15% will be rent to buy. It appears that none will be social-rented housing—a prime example of a fantastic opportunity missed for OPE and genuinely affordable housing.

[Jim Shannon (Strangford) (DUP)]

I spoke to the Minister this morning before the debate. Does the hon. Gentleman believe it is important that there is a purpose behind the sale of any land, such as saving money when Departments come together? Equally important, as he outlined, is the need to ensure that, whatever land becomes available, there is a social housing requirement to give those who do not have the same assets the opportunity to buy or rent houses. In Northern Ireland, we had a suggestion—not a rule—that developers should set aside 10% of land for social housing. Does he feel that the Government should look at something more objective for the mainland, with land set aside in law for social housing? Does he think that might be a way of retaining land for social housing? People cannot get housing if we do not give them the opportunity to do so.

[Ian Paisley (in the Chair)]

Order. If Members wish to make speeches, will they please make an application to do so? The Chair of the debate will happily accommodate them.

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[Luke Pollard]

I agree with the hon. Gentleman. The important points are what Government land is disposed of, how it is disposed of and where the benefits of that disposal flow. We have seen in Plymouth, a city with a very large military pedigree and current military role, that many of our former armed forces bases have been sold off, but the benefits of the sale have been taken to the Exchequer in London and not delivered to the communities that previously gained employment and investment and a sense of identity from those military bases. I think that there is an opportunity to use much of the surplus land, which is owned by a cohort of public authorities—ranging from the Ministry of Defence and all the weird and wonderful MOD agencies, through to Plymouth City Council and different parts of the Government estate—and to bring services together. If the Government are to realise their ambition of moving from 800 to 200 Government offices by 2023, the idea of creating a Government hub in the far south-west, in Plymouth, where we have already shown, through the Land Registry and previously the Child Support Agency, that civil service and public service jobs can thrive, is a good opportunity.

We lost out on the Marine Management Organisation towards the end of 2010, and many of us in the far south-west still talk about how we lost out on the wealth tax agency in 1979. We were scuppered by the election of a Tory Government who perhaps were not too keen on creating a wealth tax agency—who would have known?—but there is now a real opportunity, and if you will forgive me, Mr Paisley, I will talk for a few moments about Plymouth’s One Public Estate journey.

The unlocking of South Yard in Devonport has been an incredible success. That surplus land owned by the Ministry of Defence was not being used for Royal Navy purposes. It has been repurposed as Oceansgate and, through the One Public Estate programme, is creating new marine jobs. Plymouth has a huge opportunity in marine science and marine engineering, and Oceansgate is helping to unlock that. It is taking far too long to overcome the logistical barriers between the detail of what the MOD might want and what businesses might want, but that challenge can be overcome.

OPE 3, 4 and 5—the funding streams—have helped us to develop our integrated health and wellbeing hubs. There is huge potential here. We have spoken about some of the big, aggregated services, but GP surgeries, mental health support, sexual health testing and social care can all come together at a much smaller, micro level. Indeed, I would encourage the Minister to have a word with his new colleague the Under-Secretary of State for Health and Social Care, the hon. Member for South Ribble (Seema Kennedy), about the super-hub project. Plymouth has applied for funding from the Department of Health and Social Care for that project, which would bring sexual health testing, an eight-to-12-chair dental surgery—enabling dental students from Plymouth’s superb dental school to learn and help to treat people in some of the poorest communities in the city, right next to the city centre—directly employed GP surgeries, mental health support and health and wellbeing services all into one building, at Colin Campbell Court, which the Minister may know well. There is a huge opportunity there. Part of the One Public Estate strategy has to be to mobilise and motivate other Departments to make decisions that might be slightly off their usual funding streams if there is an opportunity from doing so.

The other aspect that I would like to mention relates to the better defence estate. My hon. Friend the Member for Warwick and Leamington spoke passionately about some of its successes and some of its failures, and we have had a similar journey in Plymouth. There is the success of relocating the Royal Marines from Royal Marines Turnchapel. Releasing that land and creating what is now a world-class centre for autonomous marine engineering has been a huge success. The new base at Royal Marines Tamar, at the very north of Devonport, has been an incredible success for the Royal Marines. It gives quick and easy access to the Tamar and, through that, to Plymouth Sound and to the training facilities at HMS Raleigh and a superb new state-of-the-art facility for our Royal Marines there.

However, there have also been failures from One Public Estate, and that has largely also been about the Royal Marines, in relation to the closure of Stonehouse barracks. There has been an attempt to rationalise that defence estate by closing the spiritual home of the Royal Marines—the only purpose-built barracks for the Royal Marines that are still in use. Those barracks are not fit for purpose. There is no hot running water in many of the accommodation blocks; the showers and the heating do not work. We should not accept that for our Royal Marines when they are at home. Many of them would accept that when on deployment, but not at home.

Now that we have seen the Government U-turn on their commitment to build a superbase in Plymouth, which would have brought the Royal Marines to our city, I would be grateful if the Minister encouraged his colleagues in the Ministry of Defence to look at how the programme for relocating the 3 Commando Brigade from Stonehouse barracks to a new purpose-built facility can be accelerated. The new date of 2028 means that our Royal Marines will be waiting a long time to have hot water in their accommodation. I think we would all agree that that is unacceptable.

There is an opportunity to create a new Government hub in Plymouth, bringing together civil service and public service jobs from the centre of London to create a new, superb facility in Plymouth. As the Minister will know, Plymouth is a centre that can create jobs not only within Plymouth and the PL postcode boundary, but for the wider Plymouth travel-to-work area—or perhaps the greater Torbay area, depending on one’s perspective—to help us create wider economic benefits for our region. There are many failings of the One Public Estate strategy.

[Jim Shannon]

In Northern Ireland a very different approach has been taken. The Government policy is to turn former Army barracks into intergenerational places, where the community and the economy can come together, where businesses can build and where councils can be involved. That is all happening on Army bases. In other words, the benefactors are the communities of all sides. That was an opportunity we have used in Northern Ireland. Perhaps they could do something similar where the hon. Gentleman lives?

[Ian Paisley (in the Chair)]

Order. I feel that the hon. Gentleman has a speech waiting to get out of him today. I am tempted to put him on the notice paper, whether he wants to or not.

Oral Answers to Questions

Jim Shannon Excerpts

Wednesday 24th April 2019 Commons Chamber

[Oliver Dowden]

Yes. My hon. Friend raises an important point. The Government already use project bank accounts on all construction projects, unless there are compelling reasons not to do so. That is just one way of ensuring our underlying objective of prompt and fair payment. It sits alongside initiatives such as paying our suppliers on time, excluding late payers and appointing prompt payment non-executive directors in all Departments.

[Jim Shannon (Strangford) (DUP)]

Bearing in mind that small businesses are the backbone of our economy, will the Minister outline when we can expect to see the follow-through of the proposed policy whereby suppliers will be unable to win Government contracts unless they are seen to be making prompt payments?

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[Kevin Foster]

It is vital that those who stand for office are representative of our society. As a Government, we are taking action to achieve that through a £250,000 fund for disabled candidates in the forthcoming English local election in May. That will help to create a level playing field for disabled and non-disabled candidates.

[Jim Shannon (Strangford) (DUP)]

T7. Will the Minister further outline what discussions have taken place with social media outlets, such as Facebook, Snapchat, Twitter and others, to strike the delicate balance between freedom of thought and opinion, and security and freedom from cyber-bullying?

[Kevin Foster]

The hon. Gentleman alludes to the fact that there is a delicate balance to strike between ensuring that people can freely express opinions and ensuring that the Government do not get involved in regulating opinions. It is about making sure that facts are accurate. That is why we are working with colleagues in the Department for Digital, Culture, Media and Sport on the online harms White Paper to ensure that we can tackle those challenges and strike the right balance on freedom of speech.

Oral Answers to Questions

Jim Shannon Excerpts

Wednesday 3rd April 2019 Commons Chamber

[The Prime Minister]

First, I thank my hon. Friend for the support she has shown for the Government’s deal and for the encouragement she is giving to others to support that deal. I want to see that we are able to deliver for her constituents and for others across the country and that we, as I say, deliver Brexit, and do it as soon as possible. In delivering Brexit, we need to ensure that we are delivering on the result of the referendum. That is what I said yesterday, and that is what we will be looking to do.

[Jim Shannon (Strangford) (DUP)]

Q10. The Prime Minister stated last night that she will meet the Leader of the Opposition. Can she indicate for the benefit of my party, the Democratic Unionist party, but also for all Members of this House, which of the Leader of the Opposition’s Brexit policies she thinks she could accept?

[The Prime Minister]

I am going to be in discussion with the Leader of the Opposition, but as I indicated earlier, I think the Leader of the Opposition and I both want to deliver leaving the EU and to deliver that with a deal. I think we both agree that the withdrawal agreement is a part of any deal. I think we both agree that we want to protect jobs and ensure high standards of workers’ rights. I think there are a number of areas on which we agree; the question is, can we come to an agreement that we can both support that would command the support of this House? That is what the talks will be about.

Oral Answers to Questions

Jim Shannon Excerpts

Wednesday 27th March 2019 Commons Chamber

[The Prime Minister]

My hon. Friend references leaving on WTO terms. Of course, what I want—what I think is right and what the Government consider right for the United Kingdom—is for us to be able to negotiate trade agreements with countries around the world that give us a better operation with those countries, rather than just the WTO basis. But I also want us to be able to negotiate a good trade deal with the European Union. We want a good trade deal with our nearest trading neighbours, and opportunities for good free trade agreements around the rest of the world.

[Jim Shannon (Strangford) (DUP)]

Q15. I have a very important question for the Prime Minister. There are 1,152 people living with dementia in my constituency alone. With the cost of dementia to society across the whole United Kingdom of Great Britain and Northern Ireland predicted to be £30 billion by 2021, what commitment can she make to increase dementia research into new avenues of discovery that could lead to a cure or treatment? Will she commit the Government to allocating just 1% of the societal cost of dementia towards research annually?

[The Prime Minister]

The hon. Gentleman raises a very important issue. He mentioned the number of his constituents who are living with dementia. Across all our constituencies, there are increasing numbers of people living with the condition. That is why we have committed to delivering our dementia 2020 challenge in full. The challenge supports research into dementia, which he specifically mentioned. The UK research community is playing a significant role in the global effort to find a cure or a major disease-modifying treatment by 2025. We have committed to double spending on dementia research by 2020—the equivalent of around £60 million per annum—and we are on track to meet that commitment. As he referenced, much of this investment is for research to better understand the nature of dementia, to inform the development of future treatments and to find ways to prevent the onset of the condition. Preventing the condition is of course the best route to take. Meanwhile, we look to provide better treatment for those with the condition.

European Council

Jim Shannon Excerpts

Monday 25th March 2019 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

In a previous question to the Prime Minister, I stated clearly that Northern Ireland would never be the sacrifice for the withdrawal agreement. I felt the sacrifice then, as I feel it now, and I refuse to play that role. Does she understand our determination to be treated as an integral part of the United Kingdom of Great Britain and Northern Ireland? The failure to deliver the legally binding assurances and the time-limited backstop continues to be the stumbling block and obstacle and we must not—and we will not, Prime Minister—be treated differently from the rest of the United Kingdom.

[The Prime Minister]

We have, of course, been working with the hon. Gentleman and his colleagues to look at the ways in which we can ensure that there is that commitment to the people of Northern Ireland that there will not be that different treatment. We were very clear with the European Union on the need to have a UK-wide customs territory in the backstop, not Northern Ireland-only customs territory. We continue to maintain our commitment to ensure that Northern Ireland is treated as an integral part of the United Kingdom.

Interserve

Jim Shannon Excerpts

Monday 18th March 2019 Commons Chamber

[Oliver Dowden]

As I have said repeatedly from this Dispatch Box, the Government undertake appropriate contingency planning in respect of all our strategic suppliers. We have not had to invoke that contingency with Interserve because the companies delivering those services remain wholly unchanged; no jobs are lost, no pensions are affected and no services are disrupted.

[Jim Shannon (Strangford) (DUP)]

When Carillion went down, lots of jobs were lost and projects were put on hold, and confidence was badly dented. At that time, we were informed that steps were being taken to ensure that the situation would not happen again. Only a matter of months later, Interserve has experienced difficulties, and yet again the general public are losing confidence. It seems that outsourcing has become a gamble. Could the Minister outline steps to restore confidence? Is he satisfied that Interserve’s financial position has been secured, and what discussions have taken place with other companies to check and monitor that no other big companies are facing major financial problems?

Exiting the European Union

Jim Shannon Excerpts

Monday 11th March 2019 Commons Chamber

[Mr Lidington]

I do not think that any Minister is shy about coming before the House. The Attorney General is doing his job, which is to look at the texts that have been negotiated during the course of this evening and form a view on them.

[Jim Shannon (Strangford) (DUP)]

The Chancellor of the Duchy of Lancaster will know the story of the emperor’s new clothes. We hope that tomorrow morning the emperor’s clothes will not reveal something embarrassing for the right hon. Gentleman and the Prime Minister. The Irish Cabinet met tonight and will meet again after the EU Brussels summit. Have the Republic of Ireland and the EU agreed to a legally binding, time-limited backstop? We need to ask for a definition of “legally binding”. Who has the Prime Minister met who has that power, without ratification?

[Mr Lidington]

It is clearly for the Irish Government to make any statement about their view on what has been agreed. However, my understanding is that the documents have been agreed by the Prime Minister and President Juncker, acting as the head of the Commission, the appointed negotiator for the 27 member states.

Leaving the EU

Jim Shannon Excerpts

Tuesday 12th February 2019 Commons Chamber

[The Prime Minister]

Nobody wants to use the backstop. The reason the backstop is there is that it is the guarantee that there will be no hard border between Northern Ireland and Ireland in the circumstances in which the future relationship has not come into place at the end of the implementation period. There is an alternative available within the withdrawal agreement, which is a further extension of the implementation period. There are pros and cons in both of those positions. Of course we want to see change to the backstop, but there are issues around the fact that in the implementation period there would almost certainly be a request for money, which does not occur in relation to the backstop. It is there as a guarantee. It is like an insurance policy: you take it out, but you never want to have to use it.

[Jim Shannon (Strangford) (DUP)]

A recent national opinion poll in Northern Ireland showed that 60% of those polled were clearly against the backstop—a majority of opinion. Is the EU policy on the backstop like that great Eagles song, “Hotel California”: you can check out anytime you like, but you cannot leave? Will the Prime Minister give an assurance to Unionists in Northern Ireland that there can be no progress unless the backstop is removed or is time-limited?

Election Law Reform

Jim Shannon Excerpts

Monday 11th February 2019 Commons Chamber

[Craig Mackinlay (South Thanet) (Con)]

I am pleased to be afforded the Floor of the House for this Adjournment debate on the reform of election law. Many might ask, “What does it matter?” Naysayers might say that this is a debate in defence of ourselves. Well, perhaps, but this is serious. Our election law is a mess, leaving candidates and agents exposed as never before to the real risk of criminal prosecution, so this cannot wait—it needs solving now.

Election law is important, as it defines the type of democratic institutions that we have. The playing field must be fair and equal, and seen to be so, and the results of elections need to be respected as just and fair. That must be encapsulated in our election law.

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Gentleman for giving way before he gets into the thrust of his contribution. I asked his permission to intervene beforehand.

In Northern Ireland we have made many, many changes to electoral law, particularly for stricter controls on registration and identification. That is not the subject of this debate, but does the hon. Gentleman agree on the need for voter ID in the mainland? We have done it in Northern Ireland, and it has done away with a lot of discrepancies in voting. That may be a separate issue but, none the less, does he agree it is important?

[Craig Mackinlay]

I thank the hon. Gentleman. He raises a wider debate about voter registration, and I would not object to its application on the mainland. I see nothing wrong with every single voter having a unique identifying code so that people cannot vote in two places, for instance. I would welcome moves towards that.

Through no design of mine, and for obvious reasons, I have come over the past two years to know, rather too closely, the intricacies of election law. I do not intend my contribution to descend into a personal rant against the Electoral Commission, the Crown Prosecution Service and Kent police, which led me to a three-month trial and subsequent acquittal, but I hope some good can come from my experiences by being a catalyst for the reform of election law, which was recently described by a retired professor of election law, Bob Watt, as a “compost heap”.

We have two key statutes: the Political Parties, Elections and Referendums Act 2000, often referred to as the PPERA; and the Representation of the People Act 1983, often called the RPA. The PPERA was enacted to reflect the reality of modern politics, and it created the Electoral Commission, a statutory body with powers over election processes and guidance setting for candidates, agents, political parties and, importantly, local authority electoral staff.

The Electoral Commission has a budget of £17 million and employs 134 staff. It oversees and controls national party spending, donations and reporting and the regulation of third-party campaigners, among other things. Members may not be aware that it is from the PPERA that ballot papers have thereafter had the candidate’s name and the logo of the national political party for whom they are standing. That was a recognition of the reality that the electorate vote for political parties. Few of us in this House would be so bold as to claim that the electorate vote for us solely as individuals—if only that were true; they vote in larger part for the party messages, for the perceptions they have of party leaders and for the national party manifestos. This legislation set spending limits of close to £20 million for registered political parties to spend across the UK in the regulated period of a year prior to a planned and forecast election as envisaged by the Fixed-term Parliaments Act 2011.

We then have the law that is more relevant to us. It is relevant to candidates and agents across elections, no matter what their type, be they parliamentary, Assembly Member, council, mayoral or police and crime commissioner elections. I refer to the Representation of the People Act 1983, which is the legislation I would like to focus upon this evening. I wish to focus on two small sections—sections 90C and 90ZA. It was on the construction and interpretation of these two sections that the entire case against me was founded, and it is from these things that we need to learn and change. In broad terms, the 1983 Act governs candidates’ returns, spending limits, timings, agents’ and candidates’ responsibilities, and, importantly, various offences, notably against those not authorised to spend money on a campaign. There is a clear prohibition in section 75 of the Act, with punitive criminal sanctions against those who spend without the authority of the election agent.

Those small sections are detailed and they are often not understood, so I will advance to the House what they mean. Section 90ZA explains the common meaning of “election expenses”. Subsection (4) outlines the concept of “incurred and authorisation”, and this accords to the long-held view that election expenses can be so only if incurred or authorised by a candidate or agent. This interpretation, relied on by all political parties, has roots going back to 1868 legislation in another form. If not authorised, an offence can be committed by the person incurring expenses under section 75 of the Act. This seemingly clear interpretation was to prevent those who might want to interfere with an election from doing so—or else face criminal proceedings. It also provided candidates and agents with the power to control what is spent on the campaign they are legally responsible for.

Section 90C explains what to do if goods, services or facilities are provided free or at a discount, for instance, where a friendly printer provides printed material, perhaps as a party supporter. It is clear and people fully understood what it was there for; the concept was simple. The section dictates that the item, service or facility given free or at an undervalue should form part of the election expense return at a proper market value rate, subject to some simple de minimis rules.

My case passed through a long trail of court interpretations before criminal trial. At an early application to dismiss, which was rejected, we argued that the normal interpretation of section 90C—the discount or free provision—could apply towards a candidate’s election expenses only if such a good, service or facility had been properly authorised in the first place by the candidate or agent under the normal authorising provisions of section 90ZA. It has long been the understanding of colleagues in this House and experienced election law Queen’s counsel, some of whom write the textbook on election law, that the rules always intended that agents were responsible for the finances of election campaigns. Candidates will be focused on meeting electors and winning votes during the campaign period—we will all be familiar with that. The law intended agents to be involved in all the spending decisions in a campaign, either by spending themselves or permitting someone else to spend on their behalf. They, or the candidate, are meant to authorise any spending on the campaign, so that all expenditure goes through them. As a result, the agent is then liable to produce a full, “true” return of all this spending and be responsible for keeping within the legal spending limits.

The Act also takes steps to try to ensure that others are dissuaded from spending on an election campaign without this authorisation from the agent or candidate. Section 73(6) and section 75 provide for offences for people who make payments for the campaign or who spend on campaigning without the agent’s express permission. Anyone spending or making such payments without authorisation—written authorisation should be the norm—risks committing an offence. If others are willing to take the risk of committing an offence by spending or paying expenses without authorisation from the agent, that would be a criminal matter for them. This does not mean there is a free pass for people to flout spending limits by simply refusing to give authorisation for spending which others decide to incur anyway. So it is clear that the baton of the risk of illegal activity passes from the agent or candidate to the individual deciding to incur the unauthorised expense. We all have some strong and great supporters in our constituencies who are keen to help, but I expect that none would flout the wishes of the candidate and agent and decide to place themselves in jeopardy. Then there is a deterrent to third parties incurring expenses without authorisation.

The judge in an early part of my ordeal did not agree with this long-held interpretation and interpreted that the legislation should mean that anything used to the benefit of a candidate or to denigrate their opponent, used either by the candidate or, more worryingly, simply “on their behalf”, should be included in a candidate spending return, regardless of whether it was authorised or not. This was appealed to the Court of Appeal, in front of the Lord Chief Justice. That appeal was successful and the normal ground was seemingly restored.

The Crown Prosecution Service, with the Electoral Commission attaching itself as an interested party, appealed the Appeal Court decision to the Supreme Court. That appeal was heard on 23 May 2018, with judgment given on 25 July last year. In summary, that decision overturned the Appeal Court decision and has to stand as the ultimate authority on the interpretation of sections 90C and 90ZA of the 1983 Act.

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[Chloe Smith]

I would like to be able to do so, but I am not in a position to do so. My hon. Friends in the Whips Office will have heard that request, and they may in turn be able to advise me about what may be manageable in the forthcoming parliamentary business. However, I intend to continue considering the matter carefully, as I hope that I have outlined, because we need a better understanding of a few related complexities. For example, were we to make the change, how would we avoid the possibility of further abuses being committed between categories? Proper consideration needs to be given to such a change and to which power could be used to do that, as I said earlier. I give the House a commitment that I will continue to consider those important aspects with Cabinet Office officials.

[Jim Shannon]

On that point, I think that the thrust of what hon. Members have put forward tonight is the need for clarification. They also referred to the upcoming council elections in May. Many of us are seeking that clarification before May, so can the Minister give some indication of what will happen?

[Chloe Smith]

I thank the hon. Gentleman for that intervention and, indeed, for his earlier expression of support for improving the integrity of all elections through the use of voter ID at polling stations. I have set out tonight a number of the tools being used to try to give that clarity: the guidance from the Electoral Commission, the work on the codes and the question of legislative reform. As he will have just heard, I am unable to commit to a clear date for legislative reform tonight, because our considerations need to continue, but I hope that some elements of the existing guidance may still be helpful to all candidates and agents, not just those of us in this Chamber, in the upcoming local elections.

Let me come to a conclusion. It is also important that we have cross-party consensus on any legislative options, because these matters, which apply to our entire democratic framework, ought to be above mere party politics. We would require that consensus before we could proceed with a legislative option. I thank my hon. Friend the Member for South Thanet again for raising this important matter. As he and I have set out, these rules exist for a good reason: they create a level playing field by ensuring that all associated candidate and party costs are accounted for within electoral spending limits, and they prevent the misuse of electoral spending. The Government will continue to work with the regulator to ensure that there is clear guidance on electoral spending, including through the codes of practice to which I referred. We will continue to consider the implications of the Supreme Court judgment, with a view to protecting those important principles that underpin our democratic framework, which include fairness to candidates and agents and of course the concept of a level playing field, which has been well articulated tonight.

Question put and agreed to.