Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Debate between Baroness Chapman of Darlington and Lord Cryer

Tuesday 10th September 2013 Commons Chamber

[John Cryer]

I will start by welcoming back my hon. Friend the Member for Hayes and Harlington (John McDonnell)—this is the first time I have been able to take part in a debate with him since his return. He is one of the most dogged, tenacious and conscientious MPs I have ever met. I am sure that Comrades Cameron and Clegg will have cracked open the bubbly in Downing street when they realised he had returned.

It is worth reminding the Committee that constitutional Bills have previously always been taken without any kind of timetabling or guillotining. The Bill is clearly constitutional, yet it has been very tightly timetabled. Indeed, some might say that it is being rammed through extremely quickly. There are certain specific questions that I would like the Deputy Leader of the House to respond to when he gets to his feet, to do with how the Bill will affect charities and campaigning organisations.

Hope not Hate, for example—I assume that most of us are familiar with it—campaigns with politicians of all democratic parties across England, Scotland and Wales. What if 12 months before a general election it issued a leaflet or organised a campaign that happened to mention that a certain candidate was or had been a member of the British National party? Would that be caught by the legislation, or will the Deputy Leader of the House tell us that that will be open to interpretation by the courts and judges? Would that count when it comes to the measures in the Bill that control expenditure of a political nature?

What if Hope not Hate had a campaign against the English Defence League? It could be argued that the EDL is not a properly constituted political party, but it has a political wing, the Freedom party, which could take Hope not Hate to court. It could say that such a campaign counted towards election expenditure because it could affect a parliamentary election result achieved by the Freedom party as the political wing of the EDL.

What about local hospital campaigns? The recent Save Lewisham Hospital campaign has caught the public imagination and at least three hon. Friends have been involved. What if the campaign took place within 12 months of a general election? It could easily be argued that that could materially influence an election outcome, perhaps in the borough where the hospital is situated or further afield in south or east London. The campaign to save King George hospital ran through a number of Parliaments, so it ran through a number of 12-month periods before general elections. It could be argued that it influenced the electoral outcome in certain parliamentary constituencies.

The Defend Council Housing group campaigns in various areas, and against both major parties. When the Labour party was in government, the group engaged in a number of campaigns that were very critical of the Government, and since the general election the same thing has happened with the coalition. Again, it could be argued that that might be caught by the legislation.

[Jenny Chapman (Darlington) (Lab)]

Did my hon. Friend not hear the Leader of the House say on Second Reading that he had met senior charity chief officers—the National Council for Voluntary Organisations, I think—and that they were assured and content with the Bill? Does he not take the Leader of the House at his word?

[John Cryer]

No, I do not, funnily enough. I am not sure whether my hon. Friend was in her place, but earlier I referred to legal advice given to the NCVO by Helen Mountfield QC that made it clear that the problem is not that the definition of political campaigning has been redefined, but that it will be left wide open to interpretation. That will then lead, as sure as eggs is eggs, to court cases that could rumble on for years and lead to people being imprisoned.