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

Lord Horam Excerpts

Tuesday 22nd October 2013 Lords Chamber

[Lord Horam (Con)]

My Lords, I rise to make my maiden speech in this House. First, I thank the staff of all departments of the House of Lords for their unfailing helpfulness and kindness over the past few days. Secondly, I thank all those Members who have welcomed me here in the Chamber and outside, including the noble Baroness, Lady Hayter of Kentish Town, and the noble and right reverend Lord, Lord Harries of Pentregarth. I was delighted to find from the remarks of the noble Baroness that I was mentioned positively 12 times in her book. I can think of no other book where I am mentioned 12 times positively. I must pop out to buy a copy and thumb quickly through the index—perhaps that was her intention all along. I also thank the noble and right reverend Lord, Lord Harries, for his kind remarks. It is good of him to think that after 31 years in the other place I am still capable of independent thought. That is a wonderful idea and I shall hold it to my breast.

The reason I have elected to make my maiden speech today is that Part 2 of the Bill places many additional tasks on the Electoral Commission, and for 18 months or so I have been one of the 10 electoral commissioners—although I should say immediately that today I am speaking for myself and not for the commission. The commission has sent out a very comprehensive and succinct brief to everybody, which I think noble Lords will possess.

The other commissioner in the Lords is my good friend, the noble Lord, Lord Kennedy of Southwark. There are four commissioners nominated by the political parties, as he and I are, and six without any background in politics. Obviously we are there for our splendid independence of judgment, as has just been mentioned by the noble and right reverend Lord, Lord Harries, but also because we probably know a few of the dodgy things that go on in politics. Of course, he and I are both saints in that respect, but no doubt we are aware of some things that are done by other parties in general elections and are there for that reason as well.

As I have discovered in my 18 months on the Electoral Commission, it is a well run organisation, with a dedicated staff, and I know that the Government will pay attention to what it is saying during the course of this Bill and the discussions around it. The Electoral Commission regulates all elections and referenda held in the UK. That covers the whole business of monitoring what parties do with funds: how they raise them and how they spend them within the compass of electoral law. It does not have anything to do with parliamentary boundaries or local authority boundaries, which many people think it does. It does not have anything to do with those issues and I think that it is rather glad about that. However, the UK is fortunate to have two such organisations as the Electoral Commission and the group of Boundary Commissions to monitor and regulate matters in this area.

If one looks across the Atlantic to where they have no such organisations, one sees absolute gerrymandering of seats, which produces the sort of extreme politicians who have led to such difficulties in Washington over the past few weeks, and the super-PACs, which distort politics in the USA. It is this final point which is addressed in Part 2 of the Bill. I agree with the noble and right reverend Lord, Lord Harries, that the UK is nothing like the United States. Obviously, that is so; the political climate is wholly different. But the fact is that spending in elections by third parties, whether they are single-issue campaigners, trade unions or voluntary organisations, has become an issue. Therefore, just as political parties are limited in what they can spend and how they can spend it, so should these other organisations be. This is the principle behind this Bill.

Nevertheless, as has been said on many occasions in this debate already, there is a balance to be struck. It is important not to damage civil society or freedom of speech. In my view, the original Bill cast its net too wide as regards Part 2. My noble friend Lord Lang of Monkton said it cast its net too narrowly in relation to Part 1, and the noble and right reverend Lord, Lord Harries, put forward an effective analogy about the trawler, which was rather interesting. Clearly we are swimming in rather deep waters here, and the Government are as well. None the less, the net was cast too wide in relation to Part 2. Sensibly, therefore, the Government have already recognised this and made some amendments in the other place. The definition of controlled expenditure, which was a matter of contention, is now back to what it was in the Political Parties, Elections and Referendums Act 2000, which has worked well in two general elections, as the noble Baroness, Lady Hayter, mentioned.

I remain concerned about Clause 27 and the lowering of the threshold for registration. This seems unnecessary. The big spenders—the Bill is about them—already register and are caught by the reduced cap and the wider scope of what is to be controlled, but why go so far down the route to seek to register groups that are spending £5,000 in England and £2,000 in Scotland, Wales and Northern Ireland? You do not get a lot of campaigning for £2,000 these days. These are the “little platoons” that Edmund Burke talked so evocatively about, and they must be treasured. It is in everybody’s interest that my noble friend the Minister looks at this again. If the Government went back some way, at least, towards the Act of 2000 in this respect, as they have with the definition, they would attract a great deal more support than they have at the moment. It would be a wise move. It would not detract from the central purpose of the Bill and would reassure many people who currently are unnecessarily worried.

I hope that the Bill becomes law, because it will improve our electoral arrangements—and they need improving. Only in the past 18 months, we have legislated for the first time in this country to have individual electoral registration, as opposed to household registration. We will remain way behind most other western countries in that respect until that comes into place—hopefully, if the work can be completed in time, for the next general election.

The noble Lord, Lord Tyler, has put out some interesting proposals in an all-party draft Bill on party funding—which, I remind the House, is an unresolved and difficult issue. Again, if I may skirt around an area of controversy without actually entering it, I hope that before too long I will see the day when every vote cast in a general election is of equal value.

That is what I wanted to say on this occasion. I look forward to contributing to other debates on these matters.