Wendy Alexander was today cleared of wrong-doing by the Electoral Commission over accepting an illegal donation.
The Labour leader at Holyrood had admitted accepting £950 for her leadership campaign from Jersey-based businessman Paul Green. Politicians are barred by law from accepting donations from overseas residents not on the UK Electoral roll.
After The Herald revealed Mr Green's identity, the Electoral Commission was called in to investigate and decide whether it should be referred to the police.
Today the Electoral Commission said it was "not in the public interest" to refer the case to the Crown Office.
In a statement issued this afternoon, the commission also ruled "there is not sufficient evidence" to prosecute anyone else in her campaign team over the matter.
The commission ruled Ms Alexander had failed to take "all reasonable steps" to make sure all donations to her campaign were legal. However, it said she did take "significant steps".
Ms Alexander had admitted breaking the law by accepting a £950 cheque from Jersey-based business Mr Green, despite the fact that non-UK residents are barred from making political donations.
The money was solicited by Charlie Gordon, the MSP for Glasgow Cathcart, who quit as Labour's transport spokesman at Holyrood over the matter.
The commission launched its investigation two months ago.
Its statement said: "The Electoral Commission has concluded its investigation into the acceptance by Wendy Alexander MSP of a donation of £950 from Paul Green, an individual not registered to vote in the UK, and the recording of that donation as having been received from a UK registered company.
"The Electoral Commission has decided not to make a report to the Crown Office and Procurator Fiscal Service."
The full statement by the Electoral Commission: Impermissible donation - leadership campaign of Wendy Alexander MSP The Electoral Commission has concluded its investigation into the acceptance by Wendy Alexander MSP of a donation of £950 from Paul Green, an individual not registered to vote in the UK, and the recording of that donation as having been received from a UK registered company.
The Electoral Commission has decided not to make a report to the Crown Office and Procurator Fiscal Service.
The Political Parties, Elections and Referendums Act 2000 gives the Electoral Commission power to apply to a court to seek forfeiture of an amount equivalent to any impermissible donation that has been accepted. Wendy Alexander has acknowledged that the donation in question was impermissible, and has voluntarily forfeited this sum. There is therefore no need for the Commission to apply to the courts for a forfeiture order.
The Electoral Commission has also considered the possibility that criminal offences may have been committed in this case.
Specifically: Under section 56 of the Political Parties, Elections and Referendums Act 2000, the offence of accepting and retaining a donation from anyone who is not registered on an electoral register in the UK at the time of the donation. It is also relevant to consider whether all reasonable steps were taken to avoid this; and Under section 61 of the Act, any offences of knowingly facilitating, concealing or disguising an impermissible donation and/or knowingly giving false information or withholding information in relation to an impermissible donation. Consideration of these offences also extends in this matter to Wendy Alexander's campaign team.
The Commission has interviewed Wendy Alexander and members of her campaign team and staff, and has obtained and analysed documents.
The Commission has also consulted with the Procurator Fiscal about the scope of its investigation in order to ensure its decision was taken on the basis of all relevant evidence.
In respect of a possible offence under section 56, the Commission has concluded that, while Wendy Alexander did not take all reasonable steps in seeking to comply with the relevant legislation, she did take significant steps. Having considered all the circumstances, the Commission has decided that it is not appropriate or in the public interest to report this matter to the Procurator Fiscal.
In respect of possible offences under section 61, the Commission has concluded that there is not sufficient evidence to establish that an offence has been committed. The Commission has therefore decided that it is not appropriate to report this matter to the Procurator Fiscal The conclusions reached by the Commission are the result of its independent judgment, following a thorough investigation. Extraneous considerations such as political or public opinion have played no part in this process, nor have they played any part in the Commission's decision making.
Those standing for party office or, as a members of a campaign team, soliciting or handling donations, have a responsibility to ensure that they understand the requirements of the 2000 Act and the Commission's published guidance. The Commission will continue to monitor compliance with these rules.
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