The Electoral Commission has today (12 May) announced that as part of its investigation launched on 18 February 2016 into Conservative Party campaign spending returns, it has made an application to the High Court for a document and information disclosure order. The application, which names the Conservative and Unionist Party as the Respondent, is made under paragraphs 4 and 5 of Schedule 19B to the Political Parties Elections and Referendums Act (PPERA) 2000.

Why the Commission is taking this action

Using its powers under PPERA, and in line with its Enforcement Policy, the Electoral Commission may issue a statutory notice requiring any person, including a registered party, to provide us with specific documents and/or information as part of an investigation. This places the recipient under a legal obligation to provide the required material. However, if the recipient does not comply with this statutory notice, the Commission may apply to the High Court for a disclosure order which if granted would be the court compelling the Respondent to release the required documents and information to the Commission.

The Commission issued the Conservative and Unionist Party with two statutory notices requiring the provision of material relevant to its investigation. However, the Party has only provided limited disclosure of material in response to the first notice (issued on 18 February 2016) and no material in response to the second notice (issued on 23 March 2016). That follows the Commission granting extensions of time to comply.

Bob Posner, Director of Party and Election Finance & Legal Counsel at the Electoral Commission said:

“If parties under investigation do not comply with our requirements for the disclosure of relevant material in reasonable time and after sufficient opportunity to do so, the Commission can seek recourse through the courts. We are today asking the court to require the Party to fully disclose the documents and information we regard as necessary to effectively progress our investigation into the Party’s campaign spending returns.”

The Commission will make no further comment on the investigation, in line with our Enforcement Policy.”