(11 years, 1 month ago)
Commons ChamberIt is always a pleasure to follow the hon. Member for Nottingham North (Mr Allen), and we often agree on these points more than we disagree. I was not going to begin by referring to amendment 101, but following his speech, let me address it with one or two short remarks. His argument is that we should vote for amendment 101 because it sends a signal by introducing the primary purpose test. He invites us to vote for that, knowing that if it is successful it could be put right with a better form of words at a later stage. He asks us to support the symbol rather than any particular words, a concept with which I am familiar and to which I often agree in legislation.
I have a much more significant problem with amendment 101, however, in that it introduces something that worries me greatly in legislation—that is, a subjective as opposed to an objective test. I have been involved in various bits of legislation, many of them rather dry and sometimes technical, such as the creation of the Nuclear Decommissioning Authority, where we have sought to introduce tests that get certain things done. Whenever one is tempted to introduce a test that is not purely objective and does not have objective criteria, one comes up against all sorts of difficulties. Although I have a lot of sympathy with the concept, I could not support this amendment because, for me, it crosses a major legislative Rubicon between the objective test and the subjective test.
In that case, in what way is the intention described in Government amendment 32 any less subjective than that proposed in amendment 101?
(11 years, 2 months ago)
Commons ChamberI set out my answer to that question at the outset of my speech. I hope that nothing in the Bill stops any charity or voluntary organisation campaigning vigorously for a policy outcome. However, any third-party organisation or group campaigning on the outcome of an election—for or against a particular candidate or party—should be within the scope of the Bill and under the same rules as anybody else engaging in the political process. That is my understanding of the top line and I hope we can get to that position.
New clause 4 seeks to assist on precisely that point. It would mean that the intention of the Bill is clear and beyond doubt or peradventure. As I have stated, there is no intention to stop any group campaigning for a policy. My proposal would mean we have clarity that the purpose of the Bill is to stop people politicking for a particular result except within the rules.
On Second Reading, the hon. Member for Bolsover (Mr Skinner) asked about the student tuition fee campaign at the last election and said that it would not be allowed under the Bill. In fact, the student tuition fee campaign would not, as I understand it, be caught by the legislation. New clause 4 seeks to make that absolutely clear.
I support new clause 4 and the other proposals my hon. Friend has tabled. Part 2 of the Bill is still taking a sledgehammer to crack a nut. Following Friday’s meeting, it is clear that organisations such as the NCVO are reassured—[Interruption.] They are reassured but not entirely supportive of the Bill or of part 2. I encourage my hon. Friend to ensure that the Government continue their conversation with the NCVO and the charitable sector to ensure we get it right.
My hon. Friend makes a good point.
New clause 4 speaks for itself. The arguments I have made are quite clear. I hope my right hon. Friend the Deputy Leader of the House will accept this extraordinarily well-drafted and brilliant new clause. At the very least, I should like a clear explanation of why it might not be needed and how we can achieve the same result.
(11 years, 10 months ago)
Commons ChamberI am very grateful to my hon. Friend for that, as it is a perfect argument in favour of supporting their lordships on this occasion.
May I, through my hon. Friend, seek to clarify something? In places such as Cornwall, cross-party agreement has been established on opposing a cross-border constituency. We therefore have an opportunity today to vote in such a way as to defer that until after the next general election and therefore put off the time when such an unacceptable boundary change would affect the people of Cornwall.
My hon. Friend is right. I just want to make it clear that when I entered this coalition, I made it clear to the leadership, when my party discussed whether we would accept this arrangement, that for me the agreement in toto was what counted and that Lords reform, as part of the constitutional arrangements, was vital. After the vote on Lords reform, I made it abundantly clear to my leadership that my position had changed and I could not, in all conscience, continue to support what we had done before. That is a fundamental point for myself and my colleagues.
I gently point out to my friends on the Government Benches, in the mildest manner possible, that they have got what they wanted: the great, the good, the wise, the academic, the apolitical, the ex-public servants and the generals, whom they strove so hard to protect, have come together in their wisdom and given us amendment 5. I beg the House to support it.