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Did the Labour Party exceed expenditure limits for the 2005 General Election?

Alan Stinchcombe | 29.03.2006 21:21 | Analysis

On 28th March, I reported possible criminal offences by the Labour Party in respect of election campaign expenditure during the 2005 General Election to New Scotland Yard.
The Met has acknowledged receipt of my report, but has not yet made any public statement indicating that it is being investigated.

Text of report to Metropolitan Police Service:

Report of apparent offences under The Political Parties Elections and Referendums Act 2000

I wish to report that the Registered Treasurer(s) of the Labour Party appears to have committed a criminal offence under section 82(4)(b) of The Political Parties Elections and Referendums Act 2000 by delivering a return relating to the 2005 General Election that does not comply with the requirements of section 80(3)(a).

I also wish to report that the Labour Party and its Registered Treasurer(s) appear to have committed criminal offences under section 79(2) of the same Act by very substantially exceeding the campaign expenditure limit for the 2005 General Election.

For your information, the Financial Statements for year ending 2004 submitted to the Electoral Commission by the Labour Party were signed by Registered Treasurer, Matt Carter (Party General Secretary, with numerous deputies) and by Party Treasurer, Jack Dromey.

I refer to the following statements reported in the article  http://www.thesun.co.uk/article/0,,2-2006120842,00.html:
1. Labour Party Treasurer Jack Dromey said that he was “kept in the dark” over the
£13.95 million received as loans.
2. Labour Party Chairman Ian McCartney said: “All funds raised [as loans] were spent on re-electing Labour MPs.”

On the assumption that as Party Treasurer, Jack Dromey was, or should reasonably have been, fully aware of the £17.94 million declared as election campaign expenditure in Great Britain by the Labour Party
(Source:  http://www.electoralcommission.org.uk/regulatory-issues/gbcampaignex.cfm?ec=%7Bts%20%272006%2D03%2D28%2000%3A09%3A26%27%7D), the £13.95 million received as loans, of which he says he was not aware, could not have formed any part of the declared campaign expenditure.

However, the Chairman says that all of the loans were spent on Westminster election campaign expenses, presumably within the regulated period for the 2005 General Election.

This indicates that:
a) The Labour Party failed to declare £13.95 million as election campaign expenditure.
b) The Labour Party’s actual election campaign expenditure was £17.94 million plus £13.95 million, making a total of £32.89 million, exceeding the combined statutory maximum expenditure limits for Great Britain and Northern Ireland of £19.38 million
(Source:  http://www.electoralcommission.org.uk/regulatory-issues/legcamexppolparty.cfm)
by £13.51 million (70% of the combined limits of £19.38 million).

Alan Stinchcombe
- e-mail: astinchcombe@hotmail.com

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