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

Debate between Viscount Thurso and Stephen Twigg

Wednesday 9th October 2013 Commons Chamber

[Stephen Twigg]

The hon. Gentleman moves the debate to party political spending, which is not addressed in the Bill. I would happily work with him and his colleagues to address party political funding—I would be delighted to do so. Perhaps we can pursue that beyond today’s debate.

In Committee, the Minister, who has led for the Government today, promised

“to ensure that, on Report, the fundamental concern of charities over the confusion that they say the Government have introduced into the definition of election materials and election purposes will be addressed.”—[Official Report, 10 September 2013; Vol. 567, c. 862.]

In reality, the Government amendments simply fail to fulfil his promise.

I refer the House to the legal opinion of Ros Baston, who has been working with a number of third sector organisations. Her legal opinion, which is one of a number of which the Minister will be aware, demonstrates why we need far more scrutiny and consideration of part 2. It states:

“Issues-based campaigning will continue to be covered by regulation. It appears that the government considers that removing the previous reference to ‘enhancing the standing’ of parties or candidates has a significant effect on the scope of what is covered…In my view, it does not…The natural meaning of ‘promote’ is to enhance the standing of, or make people think better of, something or someone…The natural construction, therefore, is that issues-based campaigning will be covered where it can be reasonably regarded as intended to encourage voters to look more favourably at candidates or parties who do or don’t support particular policies, as well as support for a specific party or candidates. This is primarily an objective test, and, in simple terms, looks at the likely effect of the activity.”

The Minister spoke of intent, but Ros Baston asks us to look at the likely effect of the activity. If an activity is likely to make people think better of parties or candidates who support something, it might be covered by the Bill, even if there are reasons for it such as awareness-raising—the hon. Member for Cheltenham (Martin Horwood) has made that point.

Ros Baston also states:

“Campaigns could fall within regulation if they…promote policies which, for whatever reason, are associated with one or more political parties or candidates”

and not others

“such as housing, welfare, a referendum on EU membership, wind farms or HS2”

and

“use MPs or candidates as active advocates of their cause”.

She continues:

“I do not consider it sustainable to argue that the campaign is not hoping that people or parties sympathetic to its cause are elected. Therefore, when it undertakes public awareness activity in the run-up to elections, it may well at some level intend to improve the chances of election for those who support their cause as well as to encourage others to join the campaign. There is, after all, no requirement in the Bill or the proposed amendments for the activity to be directly or obviously partisan, or for candidates to be named.”

The opinion goes on:

“The effect of the Bill remains that more charities and low spending campaigners will be subject to the enhanced and much more onerous restrictions. This is because the range of activities covered will increase”—

that is why it is not simply the same as the current legislation—

“and the thresholds for registration will decrease to just £5,000 in England and £2,000 in Scotland, Wales and Northern Ireland”.

We will discuss those thresholds under the next group. Furthermore, it states that the additional

“limit on spending in individual constituencies could mean that a single joint campaign on a specific issue in one area could result in further spending—local or national—being unlawful.”

Ros Baston’s final point is that the

“amendments make two changes which are of concern to campaigning organisations.”

Those relate to “market research and advertising” and to

“the definition of a ‘section of the public’, and the removal of the exclusion for material sent to ‘relevant supporters’”.

She states:

“It remains unclear as to whether the costs for research which is used in publications are included, and the government has not excluded staff costs (which are excluded for political parties). It also remains very probable that many political blogs will be covered notwithstanding the amendments. This could lead to a bizarre situation where political parties would not have to account for spending on certain types of market research, but that non-party campaigners would have to do so.”

I do not want my entire speech to be made up of the opinion of Ros Baston, but I will give one final quotation because it is an interesting and forceful opinion:

“The drafting is so vague that campaigns will have to consider whether market research will be caught, regardless of whether the results are used to produce material available to the public or to target particular members of the public. Further, there is no requirement for the research to actually be used in practice at all.”

[John Thurso]

I listened to the whole of the hon. Gentleman’s point about the legal advice because I wanted to hear exactly where it was going. Leaving aside the issues that do not relate to this group of amendments, does he agree that the amendments will take the definition back to that in the Political Parties, Elections and Referendum Act 2000, which is largely what I sought to do in Committee? The opinion of Ros Baston, which is full of conditionals such as coulds, mights and subjunctives, is a commentary on the wording of the 2000 Act. Should we not take into account what happened in 2005 and 2010, because that would show what is actually happening?

[Stephen Twigg]

I pay tribute to the hon. Gentleman, who attempted to improve this appalling Bill in Committee. However, as is made clear in the extensive quotation that I gave from Ros Baston’s opinion, she does not accept his point that the amendments simply restore the status quo because of the other changes that we will discuss later. We are merely scratching the surface of the changes that the Government are proposing.