Labour's Reform Donation Crackdown Faces Human Rights Law Challenge

Labour's plan to block significant donations to the Reform party from individuals based abroad could contravene its own human rights legislation, according to former attorney general Sir Michael Ellis.

Downing Street has indicated that new rules capping donations from British citizens living overseas will be applied retrospectively to March 25. This move has been criticized as a breach of 'natural justice'. The exact parameters of the legislation are not fully detailed, but it could necessitate Reform repaying two donations totaling £36 million from crypto-billionaires Ben Delo and Christopher Harborne, announced last weekend.

Sir Michael stated that the retrospective application of these rules is 'offensive to English law and the rules of natural justice' and is also prohibited by the European Convention on Human Rights (ECHR). He noted that while there have been past exceptions concerning civil law, such retrospective measures are not permissible for matters with criminal penalties, which often includes election law.

"The retrospective nature of this is offensive to English law and the rules of natural justice. But it is also banned by the ECHR," Sir Michael told the Daily Mail. "There have been some exceptions in the past when it comes to the civil law, but not in relation to matters that carry criminal penalties, which most election law does."

He expressed doubt about the legislation's compliance with the Human Rights Act, suggesting, "Labour could come a cropper on their own legislation".

Ministers intend to introduce a law capping annual donations from British citizens abroad at £100,000. This rule will be backdated to March 25, requiring donors after that date to demonstrate at least 12 months of registration to vote in the UK. Additionally, a strengthened residency test, requiring proof of an 'ongoing presence in the UK,' such as paying taxes, is being considered.

Nigel Farage, leader of Reform, has asserted that the two donations are "100 per cent compliant with the law today." The party has already begun utilizing the funds for recruitment and planning a new television channel.

Zia Yusuf, Reform's home affairs spokesman, accused Labour of "creating retroactive laws to try and bankrupt a political opponent." He argued that sacrificing legal certainty for partisan gain undermines political competition, turning it into a power struggle where laws are changed to eliminate opponents.

Records indicate that Ben Delo, who previously resided in Hong Kong, has been registered to vote at an Oxfordshire property since 2022. Christopher Harborne, who spent years in Thailand, has been registered to vote in Hampshire intermittently since 2020. However, it is noted that he was not registered in the UK in either 2021 or 2024.