25 Apr 2008
A donation made to Mr Alan Johnson MP from an impermissible donor has been forfeited voluntarily.
The donation of £1,675 from Mr Mirza Beg was made to Mr Johnson in August 2007. Under the requirements of the Political Parties Elections and Referendums Act (PPERA), regulated donees have 30 days to check that a donor is permissible and then to either accept the donation, or return it to an impermissible donor. They must also report it to the Electoral Commission.
Mr Beg was not on the electoral register at the time the donation was made and therefore the donation is impermissible. However, the donation was not returned until December 2007. Neither was the donation reported to the Electoral Commission on time.
The Commission has accepted that this was an oversight and that there was no intention to break the rules.
Mr Johnson has agreed to forfeit the sum of £1,675 and therefore legal action by the Commission is not necessary. The forfeited sum will go to the Consolidated Fund.
/ends
For further information please contact
020 7271 0704
email: press@electoralcommission.org.uk
outside office hours 07789 920414
Notes to editors
1. The Electoral Commission is an independent body established by the Political Parties, Elections and Referendums Act 2000. Its aim is integrity and public confidence in the UK’s democratic process.
2. Section 54(2) of PPERA defines permissible donors to registered political parties as:
- an individual registered on a UK electoral register
- a UK registered political party
- a UK registered company
- a UK registered trade union
- a UK registered building society
- a UK registered limited liability partnership
- a UK registered friendly/building society
- a UK based unincorporated association
These requirements must be satisfied at the time the donation is made and the onus is on the party to check whether this is the case and return the money if necessary.
3. Under section 58 of PPERA, the Electoral Commission has the power to apply to the courts for an order to forfeit a sum equal to any impermissible donation a party has accepted and not returned within the statutory 30 days.
4. The sum of the donation is forfeited because the law requires donations from impermissible donors to be returned within 30 days of them being made. In this case, the impermissible donation was retained until December, so it is deemed to have been accepted.
