Helen Michael Police investigation - Head of Barnet legal claims Brunswick Park leaflet legal

Dear Mr. Tichborne,

There were reasonable grounds for the Returning Officer to conclude that the poster which was referred to the Police was in breach of election law. There were no grounds for concluding that the “Brunswick Park Ward” leaflet was in breach of election law or any law.

I have already referred to the responsibilities of the Returning Officer in circumstances where he believes that election law regarding the publication of election material has been contravened. The Council has no locus in this matter and would not pursue “a case” in any circumstances. The investigation is properly and exclusively in the hands of the Police.

The action taken by the Returning Officer was entirely consistent with the responsibilities I have referred to. If I had been Returning Officer, I would have taken the same action. The other matters you refer to are irrelevant. The Police will investigate and the investigation, including whatever ensues as consequence of that investigation, will be entirely without influence from the Returning Officer.

Yours sincerely,

Jeff Lustig
Director of Corporate Governance

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Today I received this response from Jeff Lustig, Head of Barnet Council corporate governance, in response to a question I asked concerning the Brunswick Park Conservatives leaflet.

I reviewed the response from Nick Walkley regarding the Brunswick Park breach on the Barnet Bugle website. It seems that careful reading is required.

http://www.barnetbugle.com/journal/2012/5/25/the-returning-officer-for-the-brunswick-park-by-election-req.html

The Returning Officer’s concerns with the leaflet related to the following statement.
“Following a successful campaign by your local Conservatives, parking will remain free at the Ward’s two car parks”No such decision had been published by the Council on this matter and, as that is the only decision which can be relevant for these purposes, the statement was incorrect. In that regard, he requested that no further leaflets were distributed, or otherwise published, incorporating this particular statement or any other which might convey or imply that the Council has confirmed a decision in relation to free parking at the car parks in the ward.
The concern was that a wrong perception may arise that the Council has assisted others with regard to publicity and, as such, acted contrary to the law regarding local authority publicity during the “purdah” period.

It appears from careful reading of the response that it is perfectly legal to publish a highly misleading leaflet, which is stuffed full of porkies. The only reason the council asked for the leaflet to be withdrawn was not because it contained porkies, but because those porkies put Barnet Council in a dodgy position.

So to summarise, you can tell whatever porkies you like in an election leaflet, so long as they don't drop the council in it. If however you forget to put your name and address on or make any other minor breach of the law, they will immediately notify the police, no matter how ridiculous this may be.

At least we know what Mr Lustig sees the role of corporate governance to be. Thanks to Mr Lustig for clarifying the situation