Tragically, on May 5th 2023, during the count for the Hilton Ward (South Derbyshire District Council), Cllr Gillian Lemmon passed away; it was a great shock to all those who knew her.

The news came through during the count and the Returning Officer, Ardip Sandhu, took the decision to abandon the count, and void the election.

Less than 2 weeks later, on the 17th May 2023, Heather Wheeler MP for South Derbyshire stood up in the House of Commons during Prime Minister’s Questions and made the following statement:

“Will my right hon. Friend please send his condolences to the family of Hilton ward Councillor Gillian Lemmon, who at the young age of 52 tragically died part way through the election count on Friday? That means that the whole election for all three councillors has had to be voided, even though the returning officer was ready to declare three Conservative councillors for the Hilton ward. Following that dreadful experience, will my right hon. Friend confirm that the best way to thank Councillor Gillian Lemmon for her service is for the good people of Hilton ward in South Derbyshire to vote again three times for the three Conservative candidates on Thursday 15 June? (904971)”

Hansard

There are 2 key phrases:

• “…died part way through the election count”
• “…the returning officer was ready to declare three Conservative councillors”

The count process is prescribed in detail by the Electoral Commission and it is enacted in strict sequence. Wheeler has fought many elections and will know this very well.

1. VERIFICATION – confirm that the number of ballot papers issued in the polling stations equates with those received in the ballot boxes.
2. COUNT – all papers counted. This is more complicated with Hilton Ward as there are 3 seats
3. RECONCILIATION – To confirm that the total number of papers counted reconciles back to the number verified
4. PROVISIONAL RESULT – the result is advised, privately, to the candidates, and the agents, to give them the opportunity to ask for a recount.
5. RESULT DECLARED – public declaration by the Returning Officer.

I contacted the Returning Officer, Ardip Sandhu, for her statement on the events:

“As Returning Officer, I made a verbal statement at the Count on Friday 5 May. I informed those present, due to information that had come to my attention, the Poll for Hilton would be abandoned.

Prior to the above announcement, I had not received notification of a provisional result. The counting of votes was not finalised; I could therefore not be aware of any potential outcome.”

The position is clear.

During the whole count process, the candidates and agents would have been fully aware of the state of progress, precisely. They will be counting bundles trying to predict the outcome. Heather Wheeler was in attendance at the count.

I contacted Wheeler and asked:

“Would it be fair to say that you/ your colleagues formed a personal view of the outcome by visual inspection of the count bundles? Had you told Parliament that, in your opinion, by visual inspection of the bundles,  all 3  Conservatives would have won, then it would not have had the same impact in the House of Commons, including your “rally call” to the people of Hilton Ward.

In support of an article that I am writing in the next few days, can you comment on why you lied to Parliament on this matter?”

She replied, in writing:

Comment

Her response is worthy of Boris Johnson. It is the stuff of obfuscation.

A lie – to say or write something that is not true in order to deceive someone.

The intention of her statement to PMQs is transparent.

In the new Conservative leaflet for the rescheduled elections in June, it makes comment that Cllr Lemmon, passed away:

“…a few hours before the district council election result was due to be declared. Consequently, the counting of ballots was suspended and the election for Hilton ward was declared void”.

Whether Johnson “knowingly lied” to Parliament on Party-Gate was enshrouded in ambiguity and personal interpretation of changing COVID rules. There was room to wriggle.

Wheeler has no room to wriggle; the counting process is unambiguous. Everyone in the room paying close attention to the Hilton Ward count will have known that the count was not completed and therefore that the Returning Officer was NOT ready to declare the result.

Had Heather Wheeler wanted to be sure of the accuracy of her statement to Parliament she could have contacted the Returning Officer, directly, like I did – I got a response in 40 minutes!

Knowingly, or otherwise, she accepts that she did lie to Parliament – she should resign.