Wouldn't it be fraud (at least under the new Fraud Act) if the lobbyist
denied having made the payment?
"2 Fraud by false representation
(1) A person is in breach of this section if he-
(a) dishonestly makes a false representation, and
(b) intends, by making the representation-
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.
(2) A representation is false if-
(a) it is untrue or misleading, and
(b) the person making it knows that it is, or might be, untrue or
misleading. "
The intention of 2(1)(b)(ii), i.e. to expose another to a risk of loss,
would exist, and the denial of responsibility seems to be a false
representation under 2(2).
According to 5(2) the loss has to be of money or other property, but I'd
have thought the risk of losing a politician's salary might be enough to
satisfy that
Andrew
--
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> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Lawrence Serewicz
> Sent: 08 January 2008 11:11
> To: [log in to unmask]
> Subject: Re: Jeremy Clarkson comments
>
>
> I am still interested to know if anyone has any views on the
> scenario that I sketched.
>
> What would a politician do if someone were making
> unauthorised deposits into his or her account? From what I
> understand of the discussion, it is not illegal to deposit
> money into someone's account ( no issue of preventing a crime
> or detecting a crime) and the data protection would not allow
> the politician to know who put the money into their account
> (as the article claimed and other people have affirmed on
> this list).
>
> Such a scenario appears to be completely legal and viable
> according to data protection principles.
>
> Politicians would love this because they could claim did not
> know who put the money in their account and Data Protection
> does not allow them to find out, yet the money is there. The
> lobbyist benefits because they could deny that they put the
> money in the account or they could claim credit for someone
> else's largesse.
>
> If someone were less well intentioned they may put the money
> in the account and then claim that any subsequent decision
> was influenced by the decision. How would the politician be
> able to deny the connection? The money was in their account
> before the vote, whether they knew it or not, and the vote
> took place.
>
> Me thinks there is a serious possibility for shenanigans all
> of which would be completely acceptable from a DPA point of
> view but not from, I hope, the legislation surrounding
> political donations. However, who is to say that an
> anonymous direct debit into someone's account is a political
> donation?
>
> Curious.
>
> Lawrence
>
>
>
>
>
>
>
> Lawrence W. Serewicz
> Policy and Partnership Manager
> Corporate Development Unit
> Wear Valley District Council
> 01388-761-985
> Ext. 311
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