No action against election overspend by Conservative MP David Mundell

As the voters of Oldham East & Saddleworth prepare for a Parliamentary by-election after the courts found Labour MP Phil Woolas guilty lying about the Lib Dem candidate, the voters of Dumfriesshire, Clydesdale and Tweeddale can heave a huge sigh of relief.

The Conservatives only MP in Scotland, David Mundell has been told that no further action will be taken after the investigation into his election expenses.

David Mundell overspent during the election and had split the costs of a newspaper advert between the long and short campaigns.

From day one he admitted human error.

The action open to the courts is limited from a slap on the wrist, to a £5,000 fine or a full re-run of the election and being barred from standing for public office.

In addition there is the public humiliation that goes with it.

I always thought the maximum David Mundell faced was the fine.

This was never going to turn into the Scottish version of Oldham East & Saddleworth.

Today's judgement is embarrassing enough for David Mundell MP and the Scottish Conservatives.

Maybe next time his Agent will use a calculator and David will check everything before he signs the forms.

David Mundell MP quizzed by police over election expenses

Following the announcement of David Mundell's election expenses mistake - Police probe David Mundell election expenses complaint - and then the news - David Mundell MP set to appear in court over election expenses probe - well, it appears now that the Police have in fact finally got around to this case.

David Mundell MP was apparently questioned by the Police two days ago on Monday.

I still don't think this will come to anything more than a fine, although the fine can be as much as £5,000.

Scotland's only Conservative MP entered a newspaper bill on the long campaign expenses that was really meant to have been entered into the short campaign section, but that would have meant a complete overspend on the legal limit.

Let us wait and see what the Police recommend.

David Mundell MP set to appear in court over election expenses probe

The Sunday Herald once again carries the story about David Mundell MP heading to the courts regarding the mistake in his election expenses.

The Scotland Office Minister, who is in charge of election conduct north of the Border, is preparing to petition the Court of Session after filing a misleading account of how much he spent on the campaign trail earlier this year.

David Mundell, is expected to ask the courts permission to make retrospective changes to his official spending returns, which he previously signed off as “complete and accurate”.

However, even if successful, he still faces a possible legal sanction for breaking the spending limit in the short campaign expenses.
David Mundell MP has already referred himself to the UK election watchdog over the error.

It is understood that Conservative Party lawyers in London recommended the court action and a date has been set for later this month, although Mundell is not expected to appear in person.

Under the 1983 Representation of the People Act, courts can allow candidates to amend errors in their returns caused “by inadvertence or any reasonable excuse of a like nature”, provided they were made in good faith, not calculated.

In 2005, Gordon Brown’s local Labour party petitioned the Court to include a rates bill for £200 in the then-Chancellor’s election expenses after the filing deadline had passed.

However, unlike Gordon Brown, David Mundell could still be in trouble after a petition is granted, as his mistake broke the legal spending limit.

Breaching the spending limit is a criminal offence punishable by a fine of up to £5000.

Lib Dem Voice also carries the story.