Will the police be called in?
- 15 Jan 08, 11:18 AM
Last week I reported that the worst Peter Hain had to fear was "severe embarrassment" but last night I reported that the might call in the police to investigate. Why the difference? Well, that's down to the Commission.
I called them last week to ask what penalties were available to them for MPs who make late declarations. I reported what I was told - namely that "the Electoral Commission has no powers to penalise individuals or parties for failing to fully declare donations.鈥
The Act (PPERA 2000) which established the law on political funding sets out an escalating series of fines for the late submission of accounts but it does not make any provision for late declarations of donations themselves. Indeed, the Commission are lobbying to be given new powers and what they call "a more proportionate and flexible sanctions regime" in any new party funding legislation.
That, it turns out, was only half the story. The Commission do have another alternative to the slap on the wrist. They can call in the police to investigate a possible breach of the law which could lead to a case in the magistrate鈥檚 court and a possible 拢5,000 fine (see below for the detail).
I am now told that both options are open and under consideration. They may be discussed at a meeting which takes place later this week of the Electoral Commissioners - the great and the good who take any significant decision that cannot merely be left to the Commission's staff.
The Commissioners face an unappealing choice:
- administer a slap on the wrist and face accusations of letting a senior politician hold their rules in contempt by declaring he was "too busy" to meet his obligations
- or call in the police and, as a result, risk ending a minister's frontline career before he has chance to defend himself in court
I suspect they may be tempted to try to invent a middle way - reminding politicians that they have called for the power to punish late declarers with fines and saying that this is precisely the sort of case in which, if they had them, they'd use them. They may hope that would be seen as a slap in the face, not merely on the wrist. But would it?
This is the text of an Electoral Commission document sent to all MPs called Donations And Loans: Guidance For Members Of Parliament - November 2006.
7.9 Relevant donations must be reported to the Commission within 30 days of the date on which the donation was accepted or returned (Schedule 7, Paragraphs 10(1) and 11(1)). Reporting forms can be found in Appendix D, 'Reporting forms'.
7.10 Important: it is an offence not to submit a donation report within this time limit, or to submit an incomplete or false report of donations. Appendix C, 'Penalties' lists the offences that can be committed in relation to the donation requirements in PPERA.
