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Electoral Commission statement regarding Momentum

Published: 7 Dec 2017

The Electoral Commission has today (7 December 2017) announced it has opened an investigation to establish whether Momentum, a registered non-party campaigner at the 2017 UK Parliamentary General Election, breached campaign finance rules in relation to spending.

The rules governing spending at UK Parliamentary general elections by permitted participants, including non-party campaigners, are set out in the Political Parties, Elections and Referendums Act 2000 (PPERA).

The investigation will look at:

  • whether or not Momentum spent in excess of the spending limits for an unauthorised non-party campaigner in the UK Parliamentary general election;
  • whether or not Momentum submitted a return that did not include accurate donation information and/or the required declaration stating that the donation return was complete and accurate;
  • whether or not Momentum submitted a return that was not a complete statement of payments made in respect of controlled expenditure;
  • whether or not Momentum submitted a return that did not include all invoices for payments of more than £200.

It is possible that during the course of the investigation, the Commission will identify potential contraventions and/or offences under PPERA other than those set out above.

All the Commission’s investigations are conducted in accordance with our Enforcement Policy.

Bob Posner, the Electoral Commission’s Director of Political Finance and Regulation and Legal Counsel, said:

“Momentum are a high profile active campaigning body. Questions over their compliance with the campaign finance rules at June’s general election risks causing harm to voters’ confidence in elections. There is significant public interest in us investigating Momentum to establish the facts in this matter and whether there have been any offences.

“Once complete, the Commission will decide whether any breaches have occurred and, if so, what further action may be appropriate, in line with its enforcement policy.”

Rules for non-party campaigners

Rules have been in place since 2000 for all campaigners that spend money on regulated campaigning activities. These rules include campaigners and campaigning organisations which are not political parties but whose activities can be reasonably regarded as intending to influence voters in the run-up to an election.

The law enables non-party campaigners which wish to undertake ‘targeted spending’ – intended to influence people to vote for one particular registered political party or any of its candidates – to do so within prescribed spending limits. These are £31,980 in England; £3,540 in Scotland; £2,400 in Wales; and £1,080 in Northern Ireland. These limits apply during the regulated period which is 9 June 2016 to 8 June 2017.

Registered non-party campaigners are only entitled to spend above these limits if they have the authorisation of the political party that they are promoting. If that party provides authorisation, the registered non-party campaigner can spend up to the limit authorised by the political party. It is an offence to spend above the statutory limits without the party’s authorisation. Should the party provide authorisation for a higher spending limit, any spending by that non-party campaigner up to that limit would count towards the party’s national spending limit.

Ends

For more information, contact the Electoral Commission press office on 020 7271 0704 or press@electoralcommission.org.uk

Out of office hours 07789 920 414

Notes to editors

  1. The Electoral Commission’s Enforcement Policy can be found here: https://www.electoralcommission.org.uk/our-work/roles-and-responsibilities/our-role-as-regulator-of-political-party-finances

  2. The Electoral Commission is the independent body which oversees elections and regulates political finance in the UK. We work to promote public confidence in the democratic process and ensure its integrity by:
    • enabling the delivery of free and fair elections and referendums, focusing on the needs of electors and addressing the changing environment to ensure every vote remains secure and accessible
    • regulating political finance – taking proactive steps to increase transparency, ensure compliance and pursue breaches
    • using our expertise to make and advocate for changes to our democracy, aiming to improve fairness, transparency and efficiency

    The Commission was set up in 2000 and reports to the UK and Scottish Parliaments.

  3. The rules regarding ‘targeted spending’ are specified in Section 94 of the Political Parties Elections and Referendums Act 2000. The amounts that non-party campaigners can spend on ‘targeted spending’ are detailed in the Transparency of Lobbying, Non Party Campaigning and Trade Union Administration Act 2014.

Journalist