With permission, Mr Speaker, I shall make a statement about foreign interference in UK politics.
Genuinely free and fair elections are the bedrock of our sovereignty. They are how our people in this country choose their Government and hold power to account. But we have seen our democracy under attack, whether it is foreign actors trying to find ways to divide us from each other and rip communities apart, funding divisive political actors here in the UK or through misinformation and disinformation online, or public figures refusing to play by the rules and eroding trust by being either unwilling or incapable of being honest and transparent about the support they receive.
No Labour Government will allow our democratic process to be distorted by foreign interference, hostile states or malign actors here in the UK seeking to distort our politics. That is why, to complement the stringent steps that we are already taking to protect our democracy in the Representation of the People Bill, the Secretary of State commissioned Philip Rycroft to conduct an independent review of risks posed by foreign financial influence in UK politics. In March, we welcomed Mr Rycroft’s comprehensive assessment. Today, I am pleased to be publishing the Government’s full response, accepting all of Mr Rycroft’s recommendations.
The UK already has a strong framework to detect, deter and disrupt foreign interference, but hostile actors adapt and so must we. We will now take forward a programme of reform to strengthen our defences and restore public confidence. In response to Mr Rycroft’s recommendations, we will strengthen our political finance rules through amendments to the Representation of the People Bill. As the House was told previously, we will introduce an annual £100,000 cap on donations and regulated transactions from overseas electors. A cap recognises legitimate participation while ending the risk of unlimited overseas money entering our politics.
Recognising that risk continues when British citizens return to the UK, I am announcing that we will also introduce a minimum residency period. An overseas elector returning to the UK must be here for a full calendar year before that cap is lifted. To ensure that there is no opportunity for individuals to circumvent the new regime, once the measures come into force, the minimum residency period will apply retrospectively from the date of our original announcement on 25 March.
We recognise that similar risks exist with other electors who have recently lived abroad but were not registered as overseas electors. We will apply the same cap and minimum residency period to anyone who moves to the UK after today and was not previously an overseas elector. To ensure that these individuals cannot circumvent the rules before a commencement, a modified cap will apply retrospectively. An annual cap of £100,000 per recipient will apply to donations that they make between today and the date of commencement of the measures, including any regulated transactions that they enter into from today. On commencement, the cap and the minimum residency period will apply in the same way as for those who were formerly overseas electors.
I thank the Minister for advance sight of her statement, and Philip Rycroft for his review. On Second Reading of the Representation of the People Bill, we Conservatives reaffirmed our support for measures to tackle foreign interference, in the light of growing threats from China and other hostile actors. However, we have expressed our concerns about the lack of proper consultation on the detail of the proposed measures, and the lack of engagement with political parties on changes to the law affecting political parties. The Bill should have been introduced after the Government’s response to the Rycroft report, rather than being hastily amended halfway through.
The integrity of our democratic system is fundamental to public trust in politics. Every political party represented in this place has a shared interest in ensuring that foreign interference, illicit finance and attempts to undermine our democratic processes are prevented—well, almost every political party. [Laughter.] I thought Labour Members would like that. However, while we support the objective of protecting British democracy from foreign interference, we have significant concerns about both the process that the Government have adopted and several of the proposals emerging from the review.
First, the Government immediately accepted—with retrospective effect—a moratorium on cryptocurrency donations and a £100,000 annual cap on donations from overseas electors, yet those decisions were announced without any meaningful consultation or engagement with political parties. That is particularly disappointing because questions of party funding have traditionally been approached through dialogue and cross-party discussion. Such conventions exist for good reason: rules governing political competition should command broad confidence, and should not be changed unilaterally by whatever party happens to be in government. The breakdown of these long-standing conventions should concern all parties, regardless of their political perspective. If Governments begin introducing retrospective and highly partisan changes to the rules of political finance without consultation, we risk creating a precedent that future Administrations may follow.
I thank the shadow Minister for his offer to work constructively with the Government on these issues. He and I have worked constructively to date, and we have met on a number of occasions to discuss these issues. The political parties committee at the Electoral Commission is also sighted on the changes. As we go forward, I will meet other parties’ representatives, too. I would have met them today, had we not tabled this statement, but I hope to do so as soon as possible. I underline that the existing standards arrangements are unaffected by these proposals. I look forward to meeting and working with the shadow Minister in the future.
I thank the Minister for this statement, and I join her in paying tribute to Philip Rycroft for his tireless efforts in producing this review. I agree with the shadow Minister that we need to make sure that all political parties sign up to the changes. It is important, because if the public do not expect to fund political parties, we have to be honest about how political parties are funded. I would agree with him more if the last Government had not tried to interfere in the work of the Electoral Commission. This Labour Government then cancelled what was happening. The public rightly expect us to ensure that foreign money does not interfere with or taint our democratic system in any way, and it is good to hear that the Minister is accepting all the recommendations in this review. It is important that we look at where cryptocurrency is coming from.
I just want clarity from the Minister on some things. First, there is the requirement for candidates to prove the source of campaign funding prior to their becoming an official candidate. Can she explain the scope of that requirement? For example, would it be possible for someone to use illegitimate funds to buy or rent a house in a constituency for a prospective candidate, with the aim of helping them to get elected? On the final recommendation—for a stand-alone permanent secretary with responsibility for leading on the security of our democracy—can the Minister confirm that discussions have been ongoing with different Departments? We have to get this right. This is cross-cutting, cross-departmental work, and it will be effective only if there is one person in Cabinet leading on it.
The Chair of the Select Committee has raised some important points. I will not be drawn into discussing the specifics of individual hypothetical cases—we legislate in principle, and I will continue to do so—but I will give her further details of the arrangements in writing. She is correct in saying that we work across Government on this issue. I am joined on the Front Bench by the chair of the defending democracy taskforce—the Minister of State, Cabinet Office, my hon. Friend the Member for Wallasey (Dame Angela Eagle)—which deals with partners across the Government, including the Department for Science, Innovation and Technology, the Home Office, the Cabinet Office and the Foreign Office, as well as the Electoral Commission. We work closely with our partners across the Government, and will continue to do so.
I am grateful to the Minister for advance sight of her statement.
Just over five months ago, I stood here and asked the Secretary of State to strengthen the Representation of the People Bill by ensuring that post-tax profits, not overall revenue, were used when assessing the eligibility of company donations. He rejected that plea, as did the Minister in Committee, but I am delighted that this Minister has now agreed to accept that. It was a recommendation from Philip Rycroft and from those working in the democracy sector, and it is a welcome change.
We Liberal Democrats champion a fair and free society, so we also welcome the announcement that candidates will have to declare gifts of over £2,320 in the year prior to their election. That, hopefully, will provide further useful clarity for those who may thus far have been confused about what they do and do not have to declare. We welcome steps towards cracking down on any foreign interference in our democracy, but we still have some way to go, and we urge the Minister to consider banning anyone who has served in a foreign Administration from donating to UK political parties, think-tanks or campaign groups, as well as banning donations from those convicted of political violence; that would include those funding the likes of Stephen Yaxley-Lennon. People who hold British values in contempt and act as a mouthpiece for those who want to undermine our democratic institutions should have no place in our democracy.
The hon. Lady is asking me to consider my job description, but given the sensitivity at the moment, I do not think I will go there.
I hear what the hon. Lady has said about caps. I think that there is a role for political donations in our system: it leads to a thriving and healthy democracy that is funded properly and fairly. The Government’s aim was to legislate through the Representation of the People Bill, but in order to be absolutely sure that we had not left any loopholes, the Secretary of State took the decision to commission Philip Rycroft’s review. He did identify loopholes, we have accepted their existence, and we will be working to close them next week. This is an ongoing issue, and we do indeed work across the Government. I have explained about the defending democracy taskforce, and it is a busy and hectic arena, but I try to keep abreast of my entire portfolio.
I commend my hon. Friend for the work that she has done, and for accepting the recommendations of the Rycroft review. Can she clarify whether consideration was given to an outright ban on crypto donations, as opposed to a moratorium? Given the reports in the press, can she also tell us what additional steps will be taken to strengthen legal duties in the Representation of the People Bill, and impose restrictions on major online social platforms that are spreading hate and disinformation and interfering during our election periods?
The Government’s view is that the anonymity inherent in cryptocurrency transactions creates a route for foreign or illegal actors to channel money through our politics, so we are introducing a moratorium on the use of cryptocurrencies to safeguard the integrity of our political finance system. We intend for to moratorium to end once the regulatory environment around cryptocurrencies is robust enough to protect that integrity. Further legislation would be required at that point, and until we get there, the moratorium will stand. I am quite happy to write to my hon. Friend on her other points.
I agree with the Minister that there is a great deal to welcome in Philip Rycroft’s conclusions. She talked about corporate donations. May I ask her to confirm that she is conscious of the vulnerability around unincorporated associations, which the Electoral Commission has identified for some time, and that she is focused on ensuring that that vulnerability is addressed?
The right hon. and learned Gentleman is absolutely correct. Through the Representation of the People Bill, we will take forward measures to address that.
I welcome much of the Minister’s statement, but I am disappointed that there is not an outright ban on cryptocurrency donations. I cannot foresee us ever arriving at a place where the regulation is robust enough that it would be safe for cryptocurrency donations to proceed, so I would like to understand why the Minister is not proceeding with an outright ban. The point about having safeguards on the algorithmic amplification of hate during election campaigns is crucial. That affords certain candidates and certain parties millions of pounds in free publicity, and it affords them an income stream from social media platforms. Why are we not banning that now?
I think the bar will be set very high before the moratorium ends—I can give my right hon. Friend that reassurance. We would need to be sure that no foreign or malign actor could use cryptocurrency to influence our political system before we would even consider lifting that moratorium. I can give my right hon. Friend an assurance that the bar will be very high before that happens—if it happens. We have more work to do on algorithms. We will be working hard with partners across Government to address this, and I hear what my right hon. Friend says. It is a serious issue that we will address.
The Government are right to pursue this. Foreign interference in UK politics is a blight that needs to be dealt with, and the Government are right to commission Philip Rycroft to do the work. However, does the Minister not understand that the optics of failing to consult political parties across the House are not good? Whatever emerges has to command the respect of everyone, and although I am no apologist for the Reform party, this looks very much like something of a stitch-up, which does none of us any good.
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As previously announced, we will introduce a moratorium on all political donations of any amount made via cryptocurrency. Until the regulatory environment is robust enough, donations in cryptocurrency should not be a route for money to be channelled into British politics.
Mr Rycroft outlined clearly the ways in which he believes the corporate donations provisions in the Representation of the People Bill can be tightened. Having carefully considered his reasoning, we will amend the corporate donation test so that it is based on post-tax profits, rather than revenue measured over five years. No corporate donor should be able to put more into UK politics than it has made in post-tax profits. That makes it clear that corporate political donations must be rooted in genuine UK-based economic activity, closing a potential loophole that our adversaries might exploit.
To ensure that our reforms to the political finance framework are robust and enforceable, we will introduce a new donor declaration to be made by anyone donating above a specified threshold. We will engage with the Electoral Commission and political parties as we develop the declaration, including an appropriate threshold.
Mr Rycroft sets out the positive impact that the new “know your donor” rules will have in helping to ensure that parties act in the public interest. He also sets out his concerns about the rigour of those rules. We will strengthen the “know your donor” requirements in the Bill, adding location as a risk factor in parties’ due diligence around donations.
We will also strengthen rules and transparency on donations to candidates. Mr Rycroft highlights significant risks in the current rules around these donations, as well as a lack of
“transparency around what is spent, or around the donations being used to fund this spending”.
We will therefore require candidates to declare that donations used to fund campaigning prior to formally becoming a candidate are from permissible sources. Donations made during that period above £2,230 will need to be declared.
We will give the Electoral Commission stronger tools to do its job. Mr Rycroft reports that
“basic transparency requirements are essential to sustaining public trust”,
and that there is currently
“unnecessary inhibition on the enforcement powers of the Commission.”
We agree. We will therefore provide a clear statutory basis for standardised political finance reporting that will make the data easier to compare, scrutinise and enforce. We will create a broad, reciprocal information-sharing gateway, allowing the commission to work more effectively with relevant public authorities. We will extend the commission’s powers to require information outside a formal investigation, which means earlier scrutiny, faster action and stronger enforcement where risks emerge. These reforms will give the regulator the powers needed to protect the integrity of political finance.
We will strengthen enforcement. The most serious breaches of electoral law, especially involving foreign interference, must be met with the right expertise and capacity. Mr Rycroft concludes that the “robustness” of the current enforcement arrangements require
“the police apparatus…to hold the requisite expertise and to be adequately resourced…to deal with the complex instances of criminal breach of electoral law”.
We will therefore work across Government and with policing partners to strengthen and formalise national capability in this area. We also accept that criminal thresholds and sentencing must provide a credible deterrent. We will work at pace with law enforcement, the Electoral Commission, prosecuting authorities, devolved Governments and political parties to develop proposals.
We will also strengthen our response to the wider influencing environment, including hostile state activity online. Mr Rycroft makes important points concerning the dramatic change in recent years to the context in which our democratic process functions, and how this has
“created new opportunities for malign foreign influence”,
regardless of whether money is changing hands in the UK. We will never stop working to counter interference in our democracy. As information threats continue to evolve, we are taking robust action to tackle misinformation and disinformation, improving transparency in online political campaigning, building resilience to information manipulation, and supporting those at the very heart of our democratic system to identify and respond to emerging threats. We will also consider further reforms relating to online political advertising, digital imprints, lobbying transparency, and other routes through which foreign money may seek to influence our politics. That will include looking at the adequacy of the current regulated period, and taking forward work on artificial intelligence and algorithms.
Finally, we accept the need for clear leadership and stronger co-ordination across Whitehall. Following Mr Rycroft’s recommendation, the Cabinet Secretary has given the permanent secretary of the Home Office lead responsibility for sustaining our democracy.
This is a serious and substantial package of reforms that will bring more transparency to political finance, tighten donation rules and strengthen enforcement. This response shows the Government acting now where action is needed. This is a Government who are prepared to do the long-term work to keep our system secure. I thank Philip Rycroft for his important work. The Government will now move swiftly to implement his recommendations. The people of the UK must know that their elections are free, fair, and protected from foreign interference. I commend this statement to the House.
Parliamentary questions have shown that there has been no engagement with the House of Commons—with the Committee on Standards, the registrar, or the Parliamentary Commissioner for Standards—despite changes directly relating to the registration of donations by Members, and despite this House’s code of conduct. Yet again, the Government are making announcements, such as changing the policy on a cap on donations and changing the rules on candidate donations, with zero consultation. Without stepping into matters that are the remit of the Parliamentary Commissioner for Standards, I note that it is already the case that newly elected MPs are supposed to declare gifts and donations that they received in the past 12 months.
There also appears to be uncertainty about the scope of the new requirements relating to candidate donations. It is not yet clear which categories of elected officials the provisions will cover, and I would be grateful if the Minister could clarify that. What assessment has been made of the impact of the new profit test on the ability of all political parties to undertake sponsorship and advertising at their party conferences? Have the Government properly considered with the Electoral Commission the interaction of the new requirements with the proposed draft guidance on sponsorship? Does the Minister think that a company sponsoring a lounge or a lanyard is foreign interference? Had the Government engaged fully with political parties, electoral administrators, compliance professionals and other stakeholders before announcing their response, many of these practical difficulties and unintended consequences could have been identified and addressed at an earlier stage.
To be clear, we support measures that genuinely strengthen the resilience of our democratic system. We recognise the risks associated with cryptocurrency donations and agree that safeguards are necessary. We also support tighter rules governing donations in the period immediately before elections. However, good policy requires more than good intentions; it requires engagement and a willingness to listen to those responsible for implementing the rules. The protection of our democracy is too important to be pursued through retrospective legislation and measures whose practical consequences have not been fully thought through.
Unfortunately, this is a Government who talk about defending democracy while trying to cancel local elections for two years in a row; who amended the electoral system for mayors for partisan advantage; and who changed the laws on election pilots in complete secrecy. They are now gerrymandering local government boundaries. The official Opposition will work constructively with the Government to defend the national interest from foreign interference, but Ministers would be wise to step back from US-style, hyper-partisan legislation, and actually learn to consult.
We need a much more transparent system to ensure that the British people have faith in politicians. What the Minister has announced today will close loopholes, but too many will remain. Will she consider exploring the benefits of a cap on donations from UK donors, and year-round spending caps by political parties and candidates? That is the way in which loopholes are truly closed.
Finally, can the Minister gives us some insights into how this important work will be handled across the multiple ministerial Departments and agencies? It involves the Foreign, Commonwealth and Development Office, the Home Office, the Department for Science, Innovation and Technology, the Ministry of Housing, Communities and Local Government, and the Cabinet Office. The Minister is very able, but she is the Minister for Building Safety, Fire and Democracy. Does she agree that a more streamlined portfolio is what our democracy deserves?