Labour's Reform Donation Ban Faces Human Rights Law Challenge
Former attorney general warns retrospective ban on large donations could violate ECHR and Human Rights Act.
Labour's plan to retroactively block large donations to the Reform party from overseas donors could conflict with human rights laws, a former attorney general has stated. The proposed legislation aims to cap donations from British citizens based abroad at £100,000 annually and will be backdated to March 25, requiring donors to have been registered to vote in the UK for at least 12 months.
Sir Michael Ellis, a former attorney general, warned that the retrospective nature of the ban could breach both the European Convention on Human Rights (ECHR) and Labour's own Human Rights Act. "The retrospective nature of this is offensive to English law and the rules of natural justice," Sir Michael told the Daily Mail. "But it is also banned by the ECHR."
Downing Street confirmed the new measures, which follow two significant donations totaling £36 million to Reform from crypto-billionaires Ben Delo and Christopher Harborne. The party has stated these donations were fully compliant with current laws.
Reform's home affairs spokesman, Zia Yusuf, criticized the move, accusing Labour of "creating retroactive laws to try and bankrupt a political opponent." He argued that sacrificing legal certainty for partisan advantage undermines the principles of political competition.
Details of the strengthened residency test for donors are not yet clear, but officials indicated it could require proof of ongoing presence in the UK, such as paying taxes. Reform has already begun spending the substantial donations on initiatives like a recruitment drive and plans for a new television channel.
Records suggest Delo has been registered to vote in Oxfordshire since 2022, potentially allowing him to comply with the new rules. Harborne's registration history in Hampshire is more intermittent, with records indicating he was not registered in the UK in 2021 or 2024, though he has been registered on and off since 2020.