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The integrity of the UK’s next election is at serious risk from rogue actors overseas, according to a corruption watchdog.
Spotlight on Corruption has written to the National Crime Agency (NCA) to urge it to take a leading role in coordinating enforcement of the UK’s electoral finance laws – arguing that Britain is currently “exposed to dirty money and foreign influence”.
This letter comes in the week that the Commons has waved through new regulations under the Elections Act 2022 that allow a huge expansion in overseas votes with few checks. The regulations will go to the Lords next week, where the Labour front bench has laid down a motion of regret that the regulations will “allow foreign money to enter our democracy.”
Up to 3.4 million UK citizens abroad will soon become eligible to vote and, as a result, donate – and spend potentially significant amounts on UK elections as non-party campaigners. The new voters will be able to use Brits living here to vouch for their identity and electoral administrators have few powers to enforce penalties abroad against fraudulent applications.
The Spotlight on Corruption letter also comes at a time when trust in the UK’s electoral system is at “an all-time low” the group argues. The Electoral Commission reports that 52% of people think foreign influence on UK election results is a problem, and only 30% think the authorities would take appropriate action.
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As the letter highlights, there is currently no single law enforcement body with overall responsibility for criminal enforcement of the UK’s electoral finance laws, or of the new rules in the National Security Act to prevent foreign interference.
The Electoral Commission lost its powers under the Elections Act 2022 to bring criminal proceedings and has itself highlighted gaps in criminal enforcement.
There is now a “grave risk” that there is no effective criminal deterrence against rogue actors who may seek to undermine the UK’s electoral processes, SoC says.
The only police force with a specialist unit to tackle electoral law breaches is the Metropolitan Police. But its remit is limited to electoral fraud and malpractice within London, and – as a Freedom of Information request by SoC revealed – it has not carried out a single investigation into two key offences under the Political Parties, Elections and Referendum Act 2000 in the past 13 years.
The offences include facilitating the making of an unlawful donation, and failing to provide information to a party about a principal donor. The force has even recently asked to completely withdraw from enforcing election finance offences.
The NCA – with its broad national-level powers, specialist legal tools for tackling national security risks and money laundering, and its close working relationship with MI5 – has the ability to coordinate and lead criminal enforcement of the UK’s electoral laws.
However, “time and again it appears to have taken a back seat on enforcement of electoral law breaches, or ruled out further action when cases have been referred to it” Spotlight on Corruption warns.
In their letter, the group raises a serious questions about how the NCA is interpreting its mandate to protect the UK from national security and money laundering risks in election finance, what assessment it has made of the weaknesses in electoral finance laws that impede its ability to act, and what action it has taken on four specific recent cases which raised serious questions about alleged foreign interference or dirty money entering the UK’s electoral system.
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Dr Susan Hawley, Executive Director of Spotlight on Corruption said: “The government has talked tough on tackling the issue of foreign interference but, by expanding the overseas vote with so few checks, they are leaving the integrity of our next general election at serious risk.
“The government must urgently address the many glaring loopholes in our electoral rules and step up criminal enforcement of those rules, which is currently almost non-existent. Only the NCA has the national-level powers to coordinate an effective enforcement response to these risks. Ministers must give them the remit and resources to ensure that our democratic process is protected from hostile powers and dirty money.”
Spotlight on Corruption is a charity set up to “shine a light on the UK’s role in corruption at home and abroad” by scrutinising the UK’s anti-corruption laws and international anti-corruption commitments and how they are enforced.
Letter to the NCA in Full
Dear Mr Biggar [Graeme Biggar, Director General of the National Crime Agency],
Addressing the UK’s enforcement gap in relation to election finance
We are writing to establish how the National Crime Agency (‘NCA’) is exercising its functions and making use of its powers and resources in light of the significant threats posed by foreign interference and dirty money to UK elections and the real risks that our democratic processes could be compromised as a result.
As the UK approaches a general election, it is imperative for the public to understand if, and to what extent, the current weaknesses in criminal enforcement of electoral finance laws result from decisions about the application and prioritisation of existing enforcement powers, or, and to what extent, they result from gaps in the law…
Government policy and increased risks of election finance crime
The current Government has made it a priority to protect the integrity of the UK’s democracy – including by preventing foreign interference in our elections – following on from commitments made in the Conservative party’s 2019 Election Manifesto.
To meet these commitments, the Government introduced the Elections Act 2022, and has implemented the Electoral Integrity Programme to strengthen the integrity of the UK’s democracy. It has also introduced a series of measures that focus on tackling hostile state interference in the UK’s democracy, including the National Security Act 2023, the Defending Democracy Taskforce and the Integrated Review Refresh.
The Elections Act 2022 removed the 15-year limit on British citizens living overseas being allowed to vote in UK elections, extending the franchise to all British citizens who have lived in the UK. Newly eligible voters will be able to register from January 2024 once regulations have passed through Parliament.
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The Government estimates that, as a result of the change, between 3.2-3.4 million British nationals living overseas could become eligible to vote, (and therefore donate to candidates and political parties) and form unincorporated associations if they are composed of two or more overseas electors in order to spend potentially significant amounts of money on UK election campaigns.
Concerns have previously been raised by the Electoral Commission that these sorts of measures may increase levels of fraud. This is particularly due to the fact that overseas voters will be able to provide an attestation of their identity by another overseas voter, and it will be difficult for electoral authorities to enforce penalties against those who provide false identity information or false attestations.
The Elections Act 2022 also removed the Electoral Commission’s power to institute criminal proceedings although it retains responsibility for civil enforcement.15 The Government has recognised that it may be difficult for the Electoral Commission to enforce restrictions on foreign spending internationally “as it is outside of their jurisdiction.”
At a time of increased risk of electoral fraud overseas, and of donations originating from overseas, it is currently not clear which enforcement body in the UK now has overall responsibility for leading the UK’s strategic, national enforcement response to serious criminal offences under Political Parties, Elections and Referendums Act 2000 (PPERA)and the foreign interference regime in the National Security Act 2023.
This means that there is a grave risk that there is no effective criminal deterrence against rogue actors who may seek to undermine the UK’s electoral processes.
The NCA’s role in relation to election finance offences
It is clear to us, from a review of the NCA’s statutory duties, powers and strategic and operational priorities that there is an overwhelming case that the NCA can and should be leading and coordinating the national response to th