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

Debate between Lord Lansley and Mike Thornton

Tuesday 3rd September 2013 Commons Chamber

[Mr Lansley]

I will give way again later.

The Bill does change the activities in respect of which spending may count towards the third parties’ spending limits. Those activities are being more closely aligned with the type of expenditure that is regulated for political parties, a change that the independent regulator, the Electoral Commission, advocated to us in June. I understand that that particular provision has caused concern within the charitable sector. Charity law prohibits charities from engaging in party politics, from party political campaigning, from supporting political candidates and from undertaking political activity unrelated to the charity’s purpose. The Bill does not change that.

Charities will still be able to give support to specific policies that might also be advocated by political parties if it helps to achieve their charitable purposes. The Bill does not seek to regulate charities that simply engage with the policy of a political party. It does not prevent charities from having a view on any aspect of the policy of a party and it does not inhibit charities attempting to influence the policy of a party. Such activity would be captured only if it was carried out in such a way that it could be seen also to promote the election of a political party or candidate or otherwise to enhance their standing at an election. The situation is the same as under the current legislation and remains unchanged by this Bill. That is a key point to allay charities’ concerns.

I recognise that the wording of the clause has caused representative bodies to be concerned, and I am keen to continue the discussions with campaigners in which colleagues and I have already taken part. I can reassure them that we are not proposing a substantive change in the test of whether third party spending is considered to be for electoral purposes.

[Mike Thornton (Eastleigh) (LD)]

I have genuine concerns about the change to the definition of “charitable use”, and particularly about the use of the word “activity” for electoral purposes rather than “materials”. To enable us to support the Bill and the reform, will the Leader of the House assure me that that can be looked at again, with the involvement of the charitable organisations?

[Mr Lansley]

I can certainly assure my hon. Friend that I and my colleagues—the Deputy Leader of the House and the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Norwich North (Miss Smith), who is responsible for political and constitutional reform—met the NCVO again yesterday. We will continue to do so. Let me reiterate that I am not looking for a substantive change in the test of what is expenditure for electoral purposes, but we are looking for a change, advocated to us by the Electoral Commission, in what constitutes controlled expenditure so that it is not just about election materials but includes activities such as advertising and election rallies.