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

Baroness Hollins Excerpts

Tuesday 22nd October 2013 Lords Chamber

[Baroness Hollins (CB)]

My Lords, despite government attempts to allay fears about this Bill, as we have been hearing today and as our mailboxes confirm, there are still grave worries from charities, voluntary organisations and other third-party organisations—worries that their everyday activities will be seriously affected by the excessive bureaucracy required by the legislation. I believe that all non-party political organisations should be allowed to continue their usual work in raising and campaigning on issues relevant to their aims and objectives—even in an election year.

We have been told that the Government do not intend the Bill to prevent non-party political organisations supporting, engaging or influencing public policy, and that the new amendments were intended to address misunderstandings about its intentions with respect to third-party campaigning. But despite these amendments, anxieties about what third-party campaigners can and cannot do are unabated. I will give a couple of examples in a moment.

There is considerable uncertainty and ambiguity in the wording of the Bill. It is still unclear whether third-party campaign groups will fall foul of the rules if they support specific policies that might also be advocated by one or another political party. For example, in healthcare, would organisations concerned about alcohol, tobacco or mental health issues be able to debate, comment and campaign on these matters without being so restricted by this regulation that they are prevented from carrying out these core activities? These are the questions that people are asking.

There are other questions too. It is currently not clear which expenditure limits amount to “controlled expenditure” and thus fall within the applicable limit. For example, the Government amended the Bill to exempt the costs of annual conferences, but the costs of public rallies, meetings or other events are still included. I therefore have a question for the Minister. Which category would apply for a membership organisation that organises a conference for its members, but which also has a public element with non-member observers and with an invited media presence?

The summary of all this uncertainty is that many organisations share massive apprehension that the Bill could severely limit their day-to-day activities by introducing what some see as an over-the-top regulation. It is not just charities and voluntary organisations that have concerns about the changes; politically non-affiliated trade unions, such as the BMA and the RCN, are concerned that the new amendments do not go far enough. An excellent briefing from the Royal College of Nursing explains that during the general election campaign of 2010, it campaigned on behalf of its members on healthcare issues, such as maintaining investment in services, improving care for older people and a focus on public health. Candidates from all parties were asked to support these priorities and their responses were shared online. Campaigns such as these, aimed at raising standards of care in the NHS, would not be possible if this Bill becomes law. In the eyes of the RCN, the reduction of spending limits and the bureaucratic burden imposed would render this type of activity impossible.

In the other place, the Government offered assurances to charities and voluntary organisations, but I would welcome assurances that they have fully considered the impact of the legislation on other types of third-party groups, such as politically non-affiliated trade unions like the BMA and the RCN. These are trade unions which play key roles in campaigning on issues in the public interest. I declare an interest as the chair of the BMA Board of Science, which raises awareness of public health matters.

The legislation feels rushed. The lack of adequate pre-legislative scrutiny and consultation with those affected is likely to result in a disproportionate and unworkable regulatory regime with damaging consequences.

I add my voice to those calling for Part 2 to be removed from the Bill, or at the very least for a pause for the Government to reconsider. I am sure it is not the Government's aim to limit debate and freedom of expression in this way. I hope the Minister will fully address the concerns that have been raised during this debate.