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Points of Order

On a point of order, Mr Speaker. If it is convenient to the House, I withdraw my previous motion to you.

The point I want to raise now involves your role, Mr Speaker, in connection with the Electoral Commission, and it follows the point of order I raised yesterday in column 799 of the Official Report. We know that matters of election spending, and reporting that spending, can be complicated, as illustrated in the Thanet case when the Court of Appeal unanimously said it was not legal to report an expense both nationally and locally. The Supreme Court shortly afterwards decided unanimously that the Court of Appeal was wrong. If distinguished Court of Appeal judges can be wrong, so can others.

The reason I raise this point is that the Labour party has done two things, one to which I do not object, which is filling the pages of the Worthing Herald to encourage people to vote Labour. That is my local newspaper, and we are very grateful for that. I am not sure how much good it will do the Labour party to show that it has more money than sense.

The point that does matter is the issue I raised yesterday, whereby a letter from the leader of the Labour party to a named elector at a specified address asked them to vote Labour on 5 May. I have had informal discussions with the Electoral Commission. I do not want to go into the details of those discussions, because they were informal. One view is that this is national spending. In court, I think that would be challenged because there are no national elections on 5 May, only local elections.

The second view is that the only candidate for whom an elector could vote in that ward would be the Labour candidate. The question then arises of how that expense will be accounted for in the return. It might be a national return, except that there are not national returns for local elections, or the local agent for the candidate could include it, even as a nominal sum, in their own return. Were that to be challenged, if the return was thought to be inaccurate or incomplete, a complaint would then need to be made to the police. A complaint is not made to the Electoral Commission; it is made to the police.

The House will now rise until after the local elections. The police would not be involved in a formal complaint until after the electoral expenses return had been made,

30 or 35 days after election day. How would the police be put on notice to check nationally—which is where the spending is supposed to be—and locally, where I believe it should be recorded, at least as a nominal expense, so that they could preserve the evidence if there was a challenge at the end of the process? I know that this would need to be determined by a court, but the issue of where the evidence would come from and the necessity of the police to be alert has to be dealt with now.