The Electoral Commission informs me that it has no power to impose unilaterally any sanction on regulated donees or donors. Where the Commission establishes that a regulated donee has accepted a donation from an impermissible source, it may apply for a forfeiture order through a magistrates’ court.
Cases of suspected criminal offences committed by donees and donors under the Political Parties, Elections and Referendums Act 2000 (PPERA) are referred by the Commission to the police, or in the case of Scotland, to the Procurator Fiscal, where the Commission believes there is sufficient evidence and it is in the public interest to do so. The appeal procedure in each case is through the judicial system.
The Electoral Commission informs me that it takes a variety of factors into account when deciding whether it is in the public interest to refer such cases to the police. These include the nature and gravity of the offence, the motive, mitigating circumstances, the effect of a prosecution on the accused, the risk of further offences, the availability of a more appropriate civil or other remedy, the powers of the court, and the public concern. Decisions regarding such referrals are taken by the Electoral Commissioners.
The Electoral Commission informs me that evidence of the need for greater transparency in the accounts of registered parties and their accounting units has been set out in a number of reports, including the first report of Session 2006-07 of the then Constitutional Affairs Committee of the House of Commons (HC 163-1). Paragraph 39 of that report recommended that:
“Despite the introduction of a duty to produce accounts under PPERA, a lack of common accounting practices makes it difficult to compile a comprehensive account of the income profiles of the political parties. The Government should ensure that the Electoral Commission produce more digestible, thorough and transparent figures of both the private and public sources of party income.”
The Commission launched its public consultation on the standardisation of statements of accounts in July 2008 and invited the major accountancy bodies to respond to the consultation. The Commission informs me that in April 2008 it engaged an experienced public sector auditor to assist with developing the consultation and an audit strategy, and that a contract for professional accountancy advice and support on producing a guidance manual and delivering a training package for party and accounting unit treasurers is likely to be finalised shortly. The Commission has not undertaken or commissioned other research on this subject.