I blogged this a couple of times yesterday, but I thought it might be a good idea to summarise the position as regards what offences might potentially have been committed under the Political Parties, Elections and Referendums Act 2000 as a result of David Abrahams’s secret donations, which were wrongly reported as having come from his intermediaries.

Since Peter Watt was registered with the Electoral Commission for PPERA purposes as party treasurer, responsible for reporting on donations, that means the relevant offence as far as he’s concerned is under section 65(4), since he clearly failed to comply with the reporting requirements, having wrongly identified a donor. He could potentially rely on the defence that he took all reasonable steps to ensure the requirements were complied with. But did he? Section 54(6) makes it clear that Abrahams was the donor – and Watt knew the money came from him. And on Watt’s own account he failed at the time to get legal advice, which he finally did at the weekend.

And Labour could be subject to a http://www.lependart.com civil penalty under section 147 in relation to the misreported donations.

As far as the donation to Harriet Harman’s deputy leadership campaign is concerned, there are a number of possible offences, depending on who told whom what.

If Janet Kidd failed to tell Harriet Harman’s team the money was really from Abrahams, then she may have committed an offence under paragraph 6(5) of Schedule 7 to PPERA.

If she did declare that Abrahams was the true donor, but a team member failed to tell Harman, then that team member may have committed an offence under section 61(2), which applies because of para. 9 of Schedule 7 (with Harriet in effect as “regulated donee” being her own Cheap Oakley treasurer, and in the same position, legally, as Peter Watt in relation to the wider donations).

And if Harriet Harman knew (which she denies of course) then she could have committed an offence under para. 12(2) of Schedule 7.

2017-03-20T04:47:33+00:00Tags: , |