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

Debate between Baroness Mallalieu and Lord Hodgson of Astley Abbotts

Monday 16th December 2013 Lords Chamber

[Baroness Mallalieu]

My Lords, I support what has been said, not only by the noble and right reverend Lord, Lord Harries, but by the noble Lord, Lord Tyler. I am aware of a number of campaigning organisations that have been to see Ministers, expressed their concerns, and been told repeatedly, “You have absolutely nothing to worry about; you would not be caught by any of this”. It is a reflection of the way in which the Bill has been drafted that if those Ministers have got it wrong, they should not have been in that position in the first place because it should have been clear to them. It is still not clear whether, for example, a rally, a demonstration, a march, a rural manifesto, a score card or even a round-robin hustings with all candidates present would fall foul. All that needs to be made absolutely clear. I echo what has been said by the noble and right reverend Lord: it is no good getting a quango to do the drafting; we want Parliament to do it so that people can see what is allowed and what is not.

Perhaps I may add to what has been said about the amendment in this group that I am particularly concerned about, and on which I hope the Minister will be able to reassure us straightaway today—Amendment 159B in the name of the noble and right reverend Lord, which removes from the provision expenditure relating to campaigning on,

“legislation before Parliament during the regulated period”.

Such campaigning would relate to the success or failure of legislation that was currently before Parliament in that year, and must necessarily come to an end, one way or another, at Prorogation. It would not therefore, on the face of it, directly affect the election.

I again mention an interest here: I am a supporter of Stop HS2. What would be the position if the campaign to stop HS2 could not campaign during the next year from the time this Bill is due to become law, while the hybrid Bill is passing through this House? It is expected here in the early part of next year. What of a Bill like this one? If this Bill were to reach the statute book after Christmas and another Bill in the future were to come forward before Parliament—one which directly affects the way in which campaigns can be conducted during an election period, and perhaps with some draconian restrictions—it could not be right that campaigning against that legislation should be restricted in this way and that expenditure should be controlled if we were in a year before an election.

I will repeat the point I made earlier: an unscrupulous Government could effectively muzzle opposition for an unpopular measure and would have a positive incentive to bring forward their most unpopular measures in that last year of a fixed-term Parliament. I cannot believe that the Government would wish that to be the position and I hope the Minister will be able to make it clear that he will accept this amendment or something very much like it.

[Lord Hodgson of Astley Abbotts (Con)]

I too am grateful to the noble and learned Lord, Lord Hardie, for giving us a chance to discuss this very important matter this afternoon. I have not participated in the Committee stage of this Bill so far, so I need to declare an interest as a trustee of various charities, which are in the register of interests, and as the official reviewer of the Charities Act, appointed by the Government 18 months ago.

I would like to ask my noble and learned friend for some reassurance on the implications of Clause 26(2); in particular, I am following through the remarks of my noble friend Lord Tyler about unintended consequences. The noble Baroness, Lady Mallalieu, referred to round-robin meetings at general election campaigns, and I want to use that as a practical example. If a charity were to invite all parliamentary candidates in a particular constituency to one of the round-robin meetings, I presume that it would not then be caught, because it is not promoting or procuring the electoral success of one or more particular registered parties. However, suppose it was decided by the charity specifically not to invite one party: does that then mean that it is caught because—by leaving one party out—it is promoting or advocating the policies of the rest?

The particular concern that has risen in my correspondence was from black, minority and ethnic charities, which may not wish to invite—for obvious reasons—the British National Party to one of their round-robin meetings. They are concerned that, by so doing, for perfectly obvious reasons, they may inadvertently fall into the trap of, or the category caught by, the provisions of Clause 26(2). This is a narrow but important point for these quite vocal minority charities, and I hope that in due course, perhaps by writing to us, my noble and learned friend will put on record whether these people’s fears are groundless.