The Electoral Commission’s explanation for letting off McSweeney is as follows:
“Under schedule 19B, paragraph 13(3) PPERA, a person who knowingly or recklessly provides false information in purported compliance with a requirement imposed under or by virtue of this Schedule, commits an offence.
We encourage all regulated entities to engage with us in an open and transparent manner, including during our investigation processes. This offence only applies where we have used our investigatory powers under Schedule 19B PPERA. Our investigation was conducted on a voluntary basis. This means we did not make use of these powers to compel compliance with any requirement imposed under or by virtue of Schedule 19B PPERA, including the use of any type of disclosure or investigation notice to compel information and explanation.”
So because the Electoral Commission was performing an ad hoc review there was no possibility of an offence for providing false information knowingly. Wonder who decided to go that way…
UPDATE: Kevin Hollinrake MP, Conservative Party Chairman, said:
“The Electoral Commission’s decision not to investigate McSweeney is wrong. The Commission must now publish all of their Morgan McSweeney Files to ensure the public has full transparency. It is clear that Morgan McSweeney deceived the Electoral Commission, but has dodged a criminal offence on a technicality. This loophole won’t wash. This is not over, we will continue to reveal more evidence, and continue to push for a full investigation by the Parliamentary Standards Commissioner into Keir Starmer.”
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