Labour hands Falkirk report to the police: what laws could Unite have broken?

If the allegation that the union signed up members to Labour without their knowledge or consent is proven, it could be charged with fraud.

The war between Labour and Unite has reached a new level with the announcement that the party has handed its report on the alleged irregularities in Falkirk to the police.   

So what laws could the union have broken? If the allegation that it signed up members to Labour without their knowledge or consent is proven, Unite could find itself in breach of the Data Protection Act, which requires individuals to give permission for their personal details to be passed to other organisations, and guilty of fraud by false representation. 

As the Tories have been quick to point out, Conservative MP Henry Smith wrote to Scottish police yesterday asking them to investigate whether or not the union was guilty of the latter charge. He noted: "Under Scots law, the common law offence of fraud involves a false pretence made dishonestly in order to bring about some definite practical result.

"In this instance, it may be that Unite has made a false instrument in the form of the application forms and a false declaration, with the aim of signing up members without their knowledge in order to influence the Labour Party selection process.

"In addition to this, as these applications were signed on behalf of members without their knowledge, a crime of 'uttering' may have taken place through tendering forged documents with an intention to defraud."

Labour's decision to follow suit shows that it is now determined to be seen to take all necessary action against Unite. 

Unite general secretary Len McCluskey. Photograph: Getty Images.

George Eaton is political editor of the New Statesman.

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Grandpa was ill and wasn’t keen on climbing the volcano – but we forced him up all the same

I squinted. Apart from a gleam of turquoise, the view was of one big cloud. Slowly the words started to form in my head. Just. Like. Scotland.

At first, Grandpa was sceptical about the volcano. “I used to be into that kind of thing,” he said, “but not now.” He did not mention that he was 88.

The guidebook to Indonesia – which he disdained – described how, once you got to the crater, the mist would rise to reveal a shimmering lake. His fellow travellers, my sister and I, often joked about our family’s tendency to declare everything to be “just like Scotland”. This was a living, breathing volcano. It would be nothing like Scotland.

But as Grandpa reminisced about his childhood in the Dutch East Indies, he began to warm to the idea. We set off at 7am and drove past villages with muddled terracotta roofs and rice paddies spread across the valleys like glimmering tables. We talked excitedly about our adventure. Then it began to rain. “Perhaps it will blow over,” I said to my sister, as the view from the windows turned into smears.

Our driver stopped at a car park. With remarkable efficiency, he opened the doors for us and drove away. The rain was like gunfire.

To get to the crater, we had to climb into an open-sided minibus where we sat shivering in our wet summer clothes. Grandpa coughed. It was a nasty cough, which seemed to be getting worse; we had been trying to persuade him to go to a pharmacy for days. Instead, we had persuaded him up a cold and wet mountain.

Five minutes passed, and the minibus didn’t budge. Then another bedraggled family squeezed in. I thought of all the would-be volcano tourists curled up in their hotels.

“Look,” I said to the attendant. “My grandfather is not well. Can we please start?”

He shook his head. “Not till all seats are full.” We exchanged a glance with the other family and paid for the empty seats. The driver set off immediately.

The minibus charged up a road through the jungle, bouncing from puddle to puddle. Grandpa pulled out his iPhone and took a selfie.

The summit was even colder, wetter, rainier and more unpleasant. We paid a small fortune to borrow an umbrella and splashed towards the lake. My sister stopped by a fence.

“Where is it?” I said.

“I think . . . this is it,” she replied.

I squinted. Apart from a gleam of turquoise, the view was of one big cloud. Slowly the words started to form in my head. Just. Like. Scotland.

I thought remorsefully of the guidebook, how I’d put my sightseeing greed before my grandfather’s health. Then I noticed the sign: “Danger! Do not approach the sulphur if you have breathing problems.”

Grandpa, still coughing, was holding the umbrella. He beckoned me to join him. I didn’t know it then, but when we made it back to the car, he would be the first to warm up and spend the journey back telling us stories of surviving the war.

But at that moment, in the dreich rain, he gave me some advice I won’t forget.

“If anyone tells you to go and see a volcano,” he said, “you can tell them to fuck off.” 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines. 

This article first appeared in the 23 March 2017 issue of the New Statesman, Trump's permanent revolution