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

Debate between Lord Gardiner of Kimble and Lord Hodgson of Astley Abbotts

Wednesday 15th January 2014 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, government Amendment 118 requires that within 12 months of the Bill receiving Royal Assent, the Minister must appoint a person to review the operation of Part 6 of PPERA as it is amended by Part 2 of the Bill. Noble Lords will recall that in Committee there was some debate about the need for a post-legislative review of the provisions of Part 2.

I am most grateful to the noble and right reverend Lord, Lord Harries, and my noble friend Lord Hodgson of Astley Abbotts, who tabled amendments in Committee to ensure that this important matter was discussed. As was explained during Committee, it is right that an assessment should be made of the entire system of rules governing third-party campaign expenditure. That assessment should of course extend to the changes made by the Bill. The entire range of existing and newly introduced rules should be carefully reviewed after their first operation, which is expected to be at the 2015 UK parliamentary general election. A commitment was given by my noble and learned friend that an amendment would therefore be brought forward at Report to require a review of the operation of Part 6 of PPERA as it is amended by Part 2 of this Bill. That is indeed what the Government have now done. The next scheduled general election presents the first opportunity at which all the third-party campaigning rules will be in operation, and it is a timely opportunity to review the effectiveness of those rules.

The Minister must appoint a person within 12 months of Royal Assent to allow the reviewer to start work during the general election campaign. The Government believe that it is particularly important that a reviewer should be appointed sufficiently ahead of the general election to allow him or her to fully assess the operation of the rules. The amendment requires that on completion, the person carrying out the review must produce a written report. That report must then be laid before Parliament by the Minister. I am sure that noble Lords will agree that it is only right that Parliament should have the opportunity to consider how to respond to the findings in the report. Noble Lords will also have noted that in its most recent parliamentary briefing, the Electoral Commission gave its support to the amendment.

Government Amendment 135 is a related but minor amendment, which clarifies that government Amendment 118 extends to the United Kingdom only. I beg to move.

[Lord Hodgson of Astley Abbotts]

I congratulate the Government on having brought this forward. It is really important, because so much of what we have been discussing is supposition. We are peering into the fog of the future concerning how things will work out. This will be a chance to see what the reality is. I have just one question. The amendment talks about the person—the lucky person—who will presumably be imposed for about a year, if they start in March 2015. There will be the aftermath of the general election, and the returns required after that will be six to nine months later, so they will have to be in post for a year.

The amendment refers to remuneration and expenses. One issue when people undertake such reviews is access to skilled manpower and a team who can help them. No matter what he or she is paid, if they are trying to do it on their own, they will undoubtedly be in a much weakened position. I assume, but I want to have it confirmed, that the amendment implies that adequate manpower resources will be available to the reviewer to ensure that he or she can carry out their work and appropriate investigations. I think it is an excellent proposal.

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

Debate between Lord Gardiner of Kimble and Lord Hodgson of Astley Abbotts

Wednesday 18th December 2013 Lords Chamber

[Lord Gardiner of Kimble]

I tried to explain what would be the case with unincorporated associations but, given what the noble and right reverend Lord has said, I will certainly look into that.

[Lord Hodgson of Astley Abbotts]

It is the fate of those of us who scrutinise legislation to spend most of our time pushing against a door that remains firmly shut. When the door suddenly opens, one is inclined to stagger into the room slightly off balance. I am extremely grateful to my noble friend on the Front Bench for that very constructive reply. I invite him to confirm that charitable incorporated organisations will be on the list that is being considered. If he cannot tell us that now, perhaps he can write and let us know. For the charity sector, that is going to be an increasingly important corporate form because of the limited liability that it affords to trustees, who otherwise have unlimited liability. As the noble Lord, Lord Forsyth, would say, it will apply to Scottish CIOs as well. Can he give us any further reassurance?

[Lord Gardiner of Kimble]

I have a note that includes the CIOs. We will be looking into this issue, including the Scottish incorporated organisations, so I can give my noble friend as positive a reply as I am able.

[Lord Hodgson of Astley Abbotts]

It is therefore with great pleasure that I beg leave to withdraw the amendment.

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

Debate between Lord Gardiner of Kimble and Lord Hodgson of Astley Abbotts

Tuesday 5th November 2013 Lords Chamber

[Lord Hodgson of Astley Abbotts]

My Lords, I support this issue. If you are regulated by the Financial Services Authority you have to mention it. There is a very substantial series of penalties and enforcement procedures if you fail to comply with the authority’s regulations. We need to be clear in our own mind whether this is going to be seen as the kitemark, whether it is going to be permitted as the kitemark and, if it is, how we make sure the kitemark standards are achieved.

[Lord Gardiner of Kimble (Con)]

My Lords, first I thank the noble Lord for initiating what has been an interesting debate. I entirely agree with the noble Lord that parliamentary images should not be used inappropriately. At present the use of the Crowned Portcullis is governed by the following statement:

“The principal emblem of the House is the Crowned Portcullis. It is a royal badge and its use by the House has been formally authorised by licence granted by Her Majesty the Queen. The designs and symbols of the House should not be used for purposes to which such authentication is inappropriate, or where there is a risk that their use might wrongly be regarded, or represented, as having the authority of the House. The House symbol is primarily used to authenticate communications from Members”.

It is clear that the use of parliamentary images is the prerogative of the House authorities, and for that reason the Government do not wish to intrude on the existing arrangements, although I understand entirely the point that the noble Lord is making.