Bribery and Corruption at Number 10? Labour’s former Lord Chancellor demands an investigation

Lord Falconer: pic credit: parliament.uk

When someone as distinguished as Lord Falconer, a former Lord Chancellor, writes to the Director of Public Prosecutions, the Met Police chief, and the Cabinet Secretary, Sir Mark Sedwill, people should take sit up and take notice.

The extraordinary story that senior people in Downing Street and the Conservative Party were prepared to either bribe people with peerages or offer other inducements such as jobs, presumably funded by the taxpayer to stand down in a general election is almost unbelievable.

Not since David Lloyd George, a former Liberal PM, was involved in handing out peerages has this ever happened in British politics. And if anything this is almost Trumpian in its excess – only that the Prime Minister would not get impeached in this country if he allowed it.

I am not surprised that Downing Street and the Conservative Party is desperately trying to deny it happened – as they would know it was a criminal offence.

I am reproducing the letter in full here:

Lord Falconer of Thoroton, House of Lords, London, SW1A 0PW

15 November 2019

Dear Director and Dame Cressida,

I wish to raise with you as a matter of urgency a number of recent reports in which senior figures in the Brexit Party have alleged that some of their candidates had been approached by the Conservative Party in an effort to persuade them to withdraw their candidacies from the upcoming General Election.

On 14 November the Leader of the Brexit Party, Nigel Farage MEP, tweeted that “Boris Johnson’s Chief Strategic Adviser Sir Edward Lister is calling our candidates and offering them jobs if they withdraw”.[i]

The following day Mr Farage said that candidates from his party had come “under intimidation” from the Conservative Party, and added that “officials from Number 10 ringing up candidates and offering them jobs if they stand down.”

Mr Farage also claimed that he, along with eight “senior figures” in his party, were offered peerages.[ii] Meanwhile, it was reported on Thursday that one Brexit Party candidate, Anne Widecombe, was told she would be part of the government’s post-election Brexit negotiating team if she stood down, according to senior Brexit party officials.[ii

Today, Ms Widdecombe has given an interview to the BBC confirming that she had received multiple phone calls from a figure in No. 10 attempting to persuade her to stand down and offering inducements to do so:

“I was rung up twice by somebody at No 10.The first time it was really about how I had a moral obligation to stand down. It was all that kind of stuff. The second time it was to say that if I did stand down, I would be offered ‘a role in the negotiations’.” Anne Widdecombe, BBC News, 15 November 2019

On the 11 November, Mr Farage announced that his party would not stand candidates in 317 seats won by the Conservatives in 2017, but would be standing candidates in all other seats in Great Britain. However, since then at least two Brexit Party candidates have withdrawn from seats which the Conservative Party did not win in 2017.[iv]

I believe these allegations raise serious questions about the integrity of the upcoming General Election, and in particular whether senior individuals at CCHQ or No. 10 have breached two sections of the Representation of the People Act 1983 namely:

s.107: Any person who corruptly induces or procures any other person to withdraw from being a candidate at an election, in consideration of any payment or promise of payment, and any person withdrawing in pursuance of the inducement or procurement, shall be guilty of an illegal payment. http://www.legislation.gov.uk/ukpga/1983/2

And/or s. 113 (2): (2) A person shall be guilty of bribery if he, directly or indirectly, by himself or by any other person on his behalf— (c) makes any such gift or procurement [gives money or procured an office] as mentioned above to or for any person in order to induce that person to procure, or endeavour to procure, the return of any person at an election or the vote of any voter,or if upon or in consequence of any such gift or procurement as mentioned above he procures or engages, promises or endeavours to procure the return of any person at an election or the vote of any voter. http://www.legislation.gov.uk/ukpga/Geo5/15-16/72

Given that ‘payment’ is defined in s.118 of the 1983 Act as meaning “any pecuniary or other reward”, this would indicate that s. 107 is wide enough to cover promises of the kind alleged to have been made in this case. http://www.legislation.gov.uk/ukpga/1983/2/section/118

I also bring to your attention s.1 (2) of the Honours (Prevention of Abuses) Act 1925, which states: If any person gives, or agrees or proposes to give, or offers to any person any gift, money or valuable consideration as an inducement or reward for procuring or assisting or endeavouring to procure the grant of a dignity or title of honour to any person, or otherwise in connection with such a grant, he shall be guilty of a misdemeanour. http://www.legislation.gov.uk/ukpga/Geo5/15-16/72

Furthermore, as breaches of the 1983 Act may have taken place, pursuant to s. 181 of the 1983 Act, I am formally requesting that the Director of Public Prosecutions do institute the necessary investigations and commence such prosecutions as he sees fit. Finally, as a senior civil servant has been named in these allegations, I am also sending a copy of this letter to the Head of the Civil Service, Sir Mark Sedwill.

Sincerely, Lord Falconer

Footnotes: Nigel Farage, Twitter, 14 November 2019, https://twitter.com/Nigel_Farage/status/1195010065947869186?ref_src=twsrc%5Etfw%7Ctwcamp%5Et weetembed%7Ctwterm%5E1195010065947869186&ref_url=https%3A%2F%2Fwww.theguardian.com% 2Fpolitics%2F2019%2Fnov%2F14%2Fnigel-farage-says-he-is-unlikely-to-vote-for-any-party-in-election

Sky News, 15 November 2019, https://news.sky.com/story/general-election-farage-claims-no-10- offered-brexit-party-candidates-jobs-to-stand-down-11861383

Guardian, 14 November 2019, https://www.theguardian.com/politics/2019/nov/14/nigel-farage-sayshe-is-unlikely-to-vote-for-any-party-in-election

Express, 15 November 2019, https://www.express.co.uk/news/politics/1204603/nigel-farage-newsbrexit-party-general-election-2019-news-Rupert-Lowe

One really has to ask what lengths will these people go to ” fix ” the election result.

How Ashcroft got a peerage and no tax bills

lord ashcroft- a non dom peer for a decade-picture courtesy the Guardian

Lord Ashcroft must have been laughing all the way to the tax office for the last decade if the revelations produced by the release of Whitehall memos telling the story of the scrutiny of his peerage are anything to go by.

 They show that the ultra canny lord successfully managed to pull the wool over the eyes of the scrutiny committee, enlist the loyal support of leading Tories to keep his non dom status and befuddle and exasperate some of the country’s leading mandarins. No wonder he is a billionaire, pity any business partner negotiating over the small print with him.

 By concentrating on the semantic difference between being a “long term resident” rather than a “permanent resident” Lord Ashcroft managed to both escape paying tax and still get a peerage with all the status and influence that implies in both Parliament and the business world.

 It is totally clear from the reaction of Baroness Dean that the scrutiny committee believed that he had agreed to the terms and conditions to pay tax in order to get his peerage. But in fact under a deal negotiated by the then chief whip, James Arbuthnot, and Sir Hayden Phillips, the Whitehall mandarin in charge of the negotiations, it was nothing of the sort.

What yesterday’s hearing by the Commons Public Administration committee reveals is a question mark over Sir Hayden’s role – whether he knew that the deal he was negotiating had let Ashcroft off the hook. Certainly Sir Hayden was probably fed up to the back teeth with the issue and probably wanted it sorted out. But it is rather surprising that he insists he did not know of the tax implications.

 What I have been told by a very senior Whitehall source is that Sir Hayden happily took on the job because another figure Lord Wilson, then Cabinet Secretary, didn’t want his hands dirty over such a hot political potato. It is therefore possible that the jovial Sir Hayden got out of his depth in dealing with such a slippery customer as Lord A.

This leaves the issue of how much senior Tories knew about it all. It is crystal clear that Arbuthnot knew exactly what was going on. He seems to have been up to his eyes in securing Ashcroft the peerage. I find it hard to believe that William Hague was also  in ignorance. Ashcroft  is very close to Hague, funds his Parliamentary office and jets around the world with him as shadow foreign secretary. Even at that time his office could have had a look at Ashcroft’s chequebook- and see where the donations came from. So it is possible that Hague could have known at the time, not just in the last few months, that Ashcroft was not paying tax.

Two figures come out well in this sorry saga. Tony Wright, the Labour chairman of the committee, who stuck to his guns and held the inquiry, despite a childish boycott by Tories on the committee. The other is Gus O’Donnell, the present Cabinet secretary. By releasing the documents rather than keeping them secret, he has shed a lot of light on a very murky tale about the award of peerages. Both have done voters a great service in the run up to the election.

This blog is also on the Guardian’s Comment is Free website.