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Why haven't we heard more about the allegations of Tory election fraud?

Police and prosecutors have joined a probe into election fraud allegations that could erase the Tory majority.

The facts

The Conservative Party is facing accusations of breaking election spending rules during its 2015 campaign. Following a Channel 4 investigation, it has admitted to failing to declare more than £38,000 of expenses, money it says was spent on accommodation for Tory activists.

It’s up to the Electoral Commission, which met this week with prosecutors and police forces, to decide whether or not to launch criminal investigations into this spending.

Allegations that the money benefited campaigns in individual seats have put the Tories in hot water – they may have illegally exceeded the constituency-specific spending limit. Making a false spending declaration in an election carries a punishment of up to a year in prison and/or an unlimited fine, and anyone found guilty is also barred from running in a general election or holding any elected office for three years.

But the party claims that, as the money was spent on “BattleBus” activists who were driving around the country, it counts as national spending from HQ, rather than being part of individual candidates’ spending.

The Electoral Commission, Crown Prosecution Service and representatives of 15 police forces met this week to discuss the claims. This has resulted in extra time being allowed (an extension on the 12 months allowed under the Representation of the People Act) for relevant police forces to decide what action to take.

Up to 29 Conservative candidates are thought to have benefitted from “BattleBus” campaigning, many of whom were fighting marginal seats.

As Channel 4’s Michael Crick reported yesterday:

“It will be interesting to see if they actually start naming constituencies where they think offences may have occurred. That would then put elected MPs, Conservative MPs, in the frame.

“And indeed, if they were to look at all the constituencies that we’ve been making allegations about over the last few months, it could actually endanger the government’s majority in the House of Commons.”

The conspiracy claims

So why haven’t we heard about this? It undermines the credibility of the entire Tory general election campaign. The claims could even constitute a scandal that would trigger by-elections across the country and potentially erase the Tory majority. The Tories have a working majority of 18, so if they lost in enough by-elections (were at least nine MPs to be found guilty), then they would lose their majority.

Some, particularly online leftwing voices, have accused the media of conspiring not to cover this story. Our rightwing press and the cowardly BBC, they argue, are ignoring a story that could potentially call the Conservative general election victory into question.

Anger about this story being low on the political agenda is understandable. It hasn’t been prominent, considering it could result in prosecutions (indeed, the Devon and Cornwall police force is reportedly already investigating, following its meeting with the Electoral Commission). And if, say, The Sun were a left-leaning paper, it probably would have framed it in a dramatic way that would have grabbed readers’ attention.

But there isn’t a media conspiracy of silence. BBC News has been covering developments since the beginning of the year, including similar claims about 2014 by-elections, and Grant Shapps MP (Conservative chairman during the election) was hauled onto the BBC Daily Politics sofa to respond to the allegations. And the BBC’s Today programme put the allegations to Communities & Local Government Secretary Greg Clark this morning. Channel 4 News has been investigating the story, and breaking developments, from the start. The Mirror has done a big investigation into each of the MPs’ campaigns that have been accused. And all of the main papers have published news reports on the story.

The reason it may seem like silence, or lack of due prominence, is because this is an ongoing investigation. So far there have been no arrests, and the allegations remain just that: allegations. Care is required by media organisations not to falsely accuse anyone of criminal activity. And, pushed by journalists, the Conservatives have given their side of the story, so we’re not going to get a great deal more from them. Now it’s up to police forces to decide to take action.

So far, the only things to report on have been what would and would not count as a breach of electoral law (rather a dry subject), and whether or not the Electoral Commission would achieve an extension on the time allowed by law for investigating (also somewhat technical). And, however dull, these things have been reported. They may not have been shared a huge amount online, or bounced to the top of “most-read” boxes – but this is because readers aren’t usually that interested in the ins and outs of the Representation of the People Act, no matter how much those who want this government toppled wish they were.

Anoosh Chakelian is senior writer at the New Statesman.

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The UK press’s timid reaction to Brexit is in marked contrast to the satire unleashed on Trump

For the BBC, it seems, to question leaving the EU is to be unpatriotic.

Faced with arguably their biggest political-cum-constitutional ­crisis in half a century, the press on either side of the pond has reacted very differently. Confronting a president who, unlike many predecessors, does not merely covertly dislike the press but rages against its supposed mendacity as a purveyor of “fake news”, the fourth estate in the US has had a pretty successful first 150-odd days of the Trump era. The Washington Post has recovered its Watergate mojo – the bloodhound tenacity that brought down Richard Nixon. The Post’s investigations into links between the Kremlin and Donald Trump’s associates and appointees have yielded the scalp of the former security adviser Michael Flynn and led to Attorney General Jeff Sessions recusing himself from all inquiries into Trump-Russia contacts. Few imagine the story will end there.

Meanwhile, the New York Times has cast off its image as “the grey lady” and come out in sharper colours. Commenting on the James Comey memo in an editorial, the Times raised the possibility that Trump was trying to “obstruct justice”, and called on Washington lawmakers to “uphold the constitution”. Trump’s denunciations of the Times as “failing” have acted as commercial “rocket fuel” for the paper, according to its CEO, Mark Thompson: it gained an “astonishing” 308,000 net digital news subscriptions in the first quarter of 2017.

US-based broadcast organisations such as CNN and ABC, once considered slick or bland, have reacted to Trump’s bullying in forthright style. Political satire is thriving, led by Saturday Night Live, with its devastating impersonations of the president by Alec Baldwin and of his press secretary Sean Spicer by the brilliant Melissa McCarthy.

British press reaction to Brexit – an epic constitutional, political and economic mess-up that probably includes a mind-bogglingly destructive self-ejection from a single market and customs union that took decades to construct, a move pushed through by a far-right faction of the Tory party – has been much more muted. The situation is complicated by the cheerleading for Brexit by most of the British tabloids and the Daily Telegraph. There are stirrings of resistance, but even after an election in which Theresa May spectacularly failed to secure a mandate for her hard Brexit, there is a sense, though the criticism of her has been intense, of the media pussy-footing around a government in disarray – not properly interrogating those who still seem to promise that, in relation to Europe, we can have our cake and eat it.

This is especially the case with the BBC, a state broadcaster that proudly proclaims its independence from the government of the day, protected by the famous “arm’s-length” principle. In the case of Brexit, the BBC invoked its concept of “balance” to give equal airtime and weight to Leavers and Remainers. Fair enough, you might say, but according to the economist Simon Wren-Lewis, it ignored a “near-unanimous view among economists that Brexit would hurt the UK economy in the longer term”.

A similar view of “balance” in the past led the BBC to equate views of ­non-scientific climate contrarians, often linked to the fossil-fuel lobby, with those of leading climate scientists. Many BBC Remainer insiders still feel incensed by what they regard as BBC betrayal over Brexit. Although the referendum of 23 June 2016 said nothing about leaving the single market or the customs union, the Today presenter Justin Webb, in a recent interview with Stuart Rose, put it like this: “Staying in the single market, staying in the customs union – [Leave voters would say] you might as well not be leaving. That fundamental position is a matter of democracy.” For the BBC, it seems, to question Brexit is somehow to be unpatriotic.

You might think that an independent, pro-democratic press would question the attempted use of the arcane and archaic “royal prerogative” to enable the ­bypassing of parliament when it came to triggering Article 50, signalling the UK’s departure from the EU. But when the campaigner Gina Miller’s challenge to the government was upheld by the high court, the three ruling judges were attacked on the front page of the Daily Mail as “enemies of the people”. Thomas Jefferson wrote that he would rather have “newspapers without a government” than “a government without newspapers”. It’s a fair guess he wasn’t thinking of newspapers that would brand the judiciary as “enemies of the people”.

It does seem significant that the United States has a written constitution, encapsulating the separation and balance of powers, and explicitly designed by the Founding Fathers to protect the young republic against tyranny. When James Madison drafted the First Amendment he was clear that freedom of the press should be guaranteed to a much higher degree in the republic than it had been in the colonising power, where for centuries, after all, British monarchs and prime ministers have had no qualms about censoring an unruly media.

By contrast, the United Kingdom remains a hybrid of monarchy and democracy, with no explicit protection of press freedom other than the one provided by the common law. The national impulse to bend the knee before the sovereign, to obey and not question authority, remains strangely powerful in Britain, the land of Henry VIII as well as of George Orwell. That the United Kingdom has slipped 11 places in the World Press Freedom Index in the past four years, down to 40th, has rightly occasioned outrage. Yet, even more awkwardly, the United States is three places lower still, at 43rd. Freedom of the press may not be doing quite as well as we imagine in either country.

Harry Eyres is the author of Horace and Me: Life Lessons from an Ancient Poet (2013)

This article first appeared in the 20 July 2017 issue of the New Statesman, The new world disorder