A SHADOWY Unionist group which campaigned against the SNP in the run up to the 2022 local elections has avoided punishment from an elections watchdog thanks to a legal loophole.
The Electoral Commission investigated the “Unionist Clubs Scotland” group amid reports it had failed to provide a valid “imprint” on its campaign material – information which tells voters who is promoting it and who they’re promoting it for.
Under Scottish law, both physical and digital campaign material must include key information about who has created it. For physical leaflets, this includes the name and address of the person or group promoting the material.
However, the Electoral Commission found that Unionist Clubs Scotland had failed to include an imprint on their material. There is no address listed on the group’s website, which also does not include any names of members or founders.
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However, the watchdog’s investigation eventually concluded that no offence had occurred because the meaning of address is not definitive in imprints law, The National understands.
This meant that, although they should have provided a physical address, the Electoral Commission was forced to conclude that the web address which was provided was sufficient. The watchdog said it had spoken to Unionist Clubs Scotland about good practice for imprints moving forward.
The shadowy group is not registered with Companies House or with the Scottish Charity Regulator.
It collects donations through its website, but provides little information about where the money will be going. There is also an online shop selling “UCS” branded merchandise such as engraved glasses, t-shirts, and umbrellas.
The central website states that “Unionist Clubs Scotland exists to empower Scottish Unionists whose voices have been marginalised by toxic Nationalism”.
It further says it aims to “expose the divisive effect of Nationalism [and] challenge its manipulation of the media”, “oppose more powers being devolved to wasteful local assemblies”, and “offer campaign assistance to groups who have the best interests of Scotland and the Union at heart”.
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The website lists a number of local “Unionist Clubs” across Scotland, linking to Twitter accounts which all seem to have been created in the period from February to April 2021. Some of these accounts are no longer active, and some (such as Perth or Larkhall) do not seem to exist at all.
In February, The National reported that the group had been seen campaigning outside of Ibrox stadium, sharing flyers which claimed “Scottish nationalists despise your football team [Rangers]”.
The flyer – which also had no imprint but made clear it had been distributed by “Unionist Clubs Scotland”, giving the web address unionistclubs.org.uk – took aim at specific politicians, including the First Minister, Health Secretary Humza Yousaf (above), and Greens co-leader Patrick Harvie.
The Electoral Commission said in a press release issued on Tuesday that it had also concluded investigations into the Labour Party and the Conservative Party. Both were found to have broken the rules relating to the timely reporting of donations.
Labour were handed – and have paid – two fines of £200, while the Tories have paid three fines of an equal amount.
Louise Edwards, the Electoral Commission’s director of regulation, said: "For transparency, parties are required to report donations on a quarterly basis so it’s important that the information they give is accurate. The requirements for political parties are clear so it’s disappointing when they are not fully complied with.
“Where we find that offences have been committed, we carefully consider the circumstances in deciding whether to impose a penalty, and if so, the level of that penalty, taking into account proportionality and a range of factors as set out in our enforcement policy.”
Unionist Clubs Scotland has been approached for comment, and asked if it can relay any information about its founders, where it is registered, if it has a physical address, and what safeguards are in place in regards to the donations it accepts.
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