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

Baroness Hayter of Kentish Town Excerpts

Tuesday 5th November 2013 Lords Chamber

[Baroness Hayter of Kentish Town (Lab)]

My Lords, I thank the noble Lords for what has been said so far. Obviously, we support the Motion but we consider that this is a decision for the House to take about how it scrutinises the Bill.

We welcome the acknowledgement, albeit somewhat late, of the mishandling—if I may call it that—of the Bill this far. When it was in the other place, the same comments were made and were brushed aside. They were made at Second Reading but it has taken until this morning, I think, to have at least an acknowledgement that further consideration with those people affected by the Bill is necessary.

I will not rehearse everything that has been said about the Bill to date, but “raising significant concern”, “rushed”, “unacceptable”, “unnecessary speed”, “abuse of parliamentary scrutiny”, “lack of due process” and “truncated timetable” are all phrases that have come across all our desks. There was no warning of this part of the Bill. There was no pre-legislative scrutiny. It is no wonder that the Constitution Committee was very critical of the way it was dealt with.

The Joint Committee on Human Rights raised a slightly different issue from the hurriedness. The lack of effective scrutiny, it thought, had left serious questions about challenges to freedom of association and speech, which needed greater consideration by lawyers as much as discussion with the third sector.

Of course, the recommendation of the Commons Political and Constitutional Reform Select Committee was for a six-month pause so that serious work can be done, not simply in hearing the concerns but in responding to them. It would be worth keeping the words and for the Government to have a listening exercise if nothing changes at the end of it. What we need is much more of a commitment, not just to listen and engage, important though that is, but to act on what is heard.

There has been no indication that something other than the raising of the threshold is on offer. Not everyone has followed the detail of this Bill. Let us just say that it is one of the many asks that the third sector has but it is not the answer to the problems of the Bill. There is a democratic fear about Part 2—it is not the whole of the Bill—about the threat to freedom of assembly and free speech, which needs more than just consultation to be put at rest. It may be that there is not a problem but we need to be sure of that.

Nowhere is this issue more important than in Northern Ireland, a nation emerging from conflict, where civil society has had a prominent role. Indeed, NGOs’ participation in democratic processes is one of the key components of the peace process. The Assembly and civil society must be consulted—not merely, as the Government said yesterday in their response to the your Lordships’ Constitution Committee, that the Minister,

“wrote to the devolved administrations on the introduction of the Bill … to ensure they were aware of the proposals”.

That is not what we are looking for. That is not due consideration of their special circumstances, nor is the Government’s undertaking simply to provide,

“further clarification of the potential impacts”.

The third sector is not looking just for reassurance; it is looking for change. Amnesty International is concerned about the potential to undermine its vital campaigning on human rights. These are not the small charities that might now be exempted; they are the ones that are basic to our democratic engagement and discussion in this country. The Women’s Institute fears that its legitimate comment on policy could leave it,

“exposed to scrutiny for seemingly promoting a political party”.

We need to engage with the WI to see whether its concerns could be met by more fundamental change than is being suggested today.

Able though my colleagues on this side of the House are, I do not believe that they will be able to come up with amendments by 16 December that would answer those questions. I also point out that the week beginning 16 December is a short parliamentary week, and there may be people in this House who have made other plans for that week. Trying to engage with civil society in the period running up to Christmas and then to get the amendments written in time for Committee still seems a tall order under the offer that has been made.

We need to hear whether the fears of the third sector are founded or not. If they are, we need to respond. The third sector has organisational problems. It may seem simple to people with lots of accountants to change the way they account for staffing costs, travel costs, and all that. For any charity with a small back office, that is a big challenge and they need to be heard on that issue.

It may not have been the Government’s intent to wrap up charities and small organisations in the red tape that, elsewhere, they are taking off businesses. It may not have been their intent to frighten the third sector into thinking that their campaigning would be undermined, but that is the position at the moment. I fear that if we over-hurry this pause—if we make it just a breather, rather than a serious pause—it will not achieve what the Government want.

The NCVO has already heard of the offer being made, and said this afternoon that,

“one small change does not fix this bill, and it is important that any changes are considered as a package”.

In particular, in addition to a rise in thresholds, it is looking for the removal of constituency limits, the end-use of nil reports, the removal of staff costs, the removal of events and public rallies, change to the way coalitions are dealt with—not the one over there, the coalition of voluntary organisations—and a reduction of the regulated period to six months.

The Government may not accept that as a final package, but it is important that there is time to consider that and to ensure that a change in one part of the Bill does not leave effects elsewhere. Time spent now, before the Bill is set in stone, will help the Government to achieve their aims. We would like a pause as suggested—a longer one for the discussions. Having done that, we on this side of the House will do all we can through the offices of the usual channels to ensure that the Bill reaches the statute book in the timescale that the Government want. We can work to do that, but without a sensible pause and a proper committee to look at it and report back, and to allow the Government time to change the Bill, we will not achieve what all of us seek.

[Lord Harries of Pentregarth (CB)]

My Lords, first, perhaps I may say how glad I am that the noble Lord, Lord Ramsbotham, tabled this Motion today. I pay tribute to him because he was willing to take the lead on this important issue and for all the hard work that he has done behind the scenes, keeping me and the commission in touch with what is going on. I also pay tribute to the Minister and the Leader of the House, who I know are genuinely anxious to get a real consensus on this issue.

The Minister has basically offered a five-week period of consultation. I remind your Lordships that the Commons Political and Constitutional Reform Committee recommended a pause of six months. The commission believes that six months is unnecessary, but five weeks is a very short period indeed. I can say that the commission will do all it can to help the Government during the consultation period, but if it turns out that five weeks is not long enough to get the kind of agreement that we all want on this crucial issue, I remind the leadership of some new advice which has just come from the Electoral Commission, which states:

“Should Parliament decide that a period of consultation is desirable before the Bill makes further progress, we would recommend that the start of the regulated period for the 2015 general election be delayed by an appropriate period”.

It goes on to say that that would give it good time to draw up its advice and educate the charities. Therefore, if the Minister finds that this five-week period is not long enough, there is an alternative that would still enable the Bill to get through in time for the 2015 election: namely, to heed the advice of the Electoral Commission. Meanwhile, I repeat that the commission will do all it can to support the Minister in this consultation period.