Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill Debate
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Angela Eagle
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Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Angela Eagle Excerpts(11 years, 2 months ago)
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Mr Lansley
If Members will forgive me, I am at risk of dealing with part 2 before I have dealt with part 1. I am going to talk simply about part 1—[Interruption.] I give way to the hon. Member for Wallasey (Ms Eagle).
Ms Angela Eagle (Wallasey) (Lab)
I thank the right hon. Gentleman. Many people would want him to reassure third parties and charities, but he seems to me to be complacent about the issue. The Electoral Commission briefing for today’s debate states that,
“the Bill creates significant regulatory uncertainty for large and small organisations that campaign on, or even discuss, public policy issues in the year before the…general election, and imposes significant new burdens on such organisations”.
Surely, the right hon. Gentleman’s complacent attitude is completely at odds with what the Electoral Commission—his own regulator—has written to all of us.
Mr Lansley
I had conversations yesterday with the National Council for Voluntary Organisations, which helpfully supplied us with a copy of its legal advice, which of course illustrates that, technically, the uncertainties that are being talked about could in large part be construed to relate to existing legislation rather than the Bill that we are bringing forward. In truth, it is the responsibility of the Charity Commission, where charities are concerned, and the Electoral Commission for all third parties, to work together to ensure the soundness of the definitions in the Bill. Frankly, they are substantively the same definitions for electoral purposes—[Interruption.] The definitions on controlled expenditure and on the appropriate limits are changed, but the definition that relates to spending being for electoral purposes if it is intended or has the effect of procuring or promoting support for candidates of political parties is not changed. The Electoral Commission knows that part of its job is to make sure that that boundary is policed, and the guidance on that is very clear.
Ms Angela Eagle (Wallasey) (Lab)
I beg to move an amendment, to leave out from “That” to the end of the Question and add:
“this House affirms its belief in the need for greater transparency in the lobbying industry and in British politics, and considers that there should be a universal register of all professional lobbyists backed by a code of conduct and sanctions, clear rules on third party campaigning, and real reform to get the big money out of politics; but declines to give a Second Reading to the Transparency of Lobbying, Third Party Campaigning and Trade Union Administration Bill because the proposals on lobbying cover only a tiny minority of the industry and will make lobbying less transparent, and the proposals on third party campaigning amount to a gag on charities and campaigners who have a democratic right to participate in important debates in the run up to elections; and strongly believes that the publication of such a Bill should have been preceded by a full process of pre-legislative scrutiny and consultation with affected parties.
This is one of the worst Bills that I have seen any Government produce in a very long time. The last Bill this bad might even have been the Health and Social Care Act 2012, and the Leader of the House of Commons had his fingerprints all over that one, too. To be fair to him, he has found himself in a very difficult place. He has been landed with this risible and misconceived Bill and told to ram it through the Commons with unseemly haste in time for the next election.
I am told that it is not a Bill with many champions in government, where a history of previous employment in the lobbying industry is common. Nothing wrong with that, we might say, but it has created a notable reluctance on the part of all sorts of Ministers to touch the Bill with a bargepole, and this afternoon we all understand why. They have looked at the ceiling; they have looked at the floor; they have muttered among themselves in the hope that they would not be chosen to pilot the Bill through the House. The Leader of the House has drawn the short straw, along with the ever-willing Parliamentary Secretary, Cabinet Office, the hon. Member for Norwich North (Miss Smith).
This is Bill is hurried, badly drafted and an agglomeration of the inadequate, the sinister and the partisan. From a Government who solemnly promised that they would fix our broken politics, the Bill will do the complete opposite.
Paul Flynn (Newport West) (Lab)
Following the Government’s historic humiliation last Thursday, would it be beneficial to the House, the Government and the country if they spent the three weeks of recess studying the virtue of humility?
Mr Jim Cunningham (Coventry South) (Lab)
I notice that the Leader of the House kept avoiding certain people who wanted to intervene. More importantly, does my hon. Friend agree that we and many other people thought that the Bill would deal with the lobbying industry? We now find out that the voluntary sector and the trade unions are getting a hammering, but there is nothing about terms and conditions for shareholders and companies donating to political parties. Do she not think that we need some legislation there?
Susan Elan Jones (Clwyd South) (Lab)
Many of us are firmly against the Bill, and civil society seems united in that view. Does my hon. Friend not accept that one of the most disgraceful things is that the Government are not allowing witnesses from civil society? If the Government are so convinced of their case, why will they not allow witnesses in the Bill’s proceedings?
Dr Thérèse Coffey (Suffolk Coastal) (Con)
Surely, the point of the Bill is to say that we have together in Parliament tried to reduce the cost of politics. This is about recognising and putting on the record third parties that want to spend money on promoting parties or candidates. It is right that that should be controlled in exactly the same way as it is for political parties.
Ms Eagle
I will give way in due course when I have finished answering the point made by the hon. Member for Suffolk Coastal (Dr Coffey). Third-party campaigners spent 10% of what political parties spent. If we wanted to reform politics and get rid of the big money from politics, we should look at the cost of fighting election campaigns for political parties, too.
Jack Dromey (Birmingham, Erdington) (Lab)
The National Housing Federation, the Chartered Institute of Housing, Shelter and Crisis have all said that those who speak out in future on either the housing crisis or the bedroom tax would be “extraordinarily at risk”. They want the ability to put all parties on the spot in the run-up to a general election. Why should they be constrained in doing so? Is this not an attempt by the Government to gag their critics?
Ms Eagle
The Government will have to do a lot more work to persuade the official Opposition and most of civil society that they have got the balance right.
From a Government who solemnly promised that they would fix our broken politics, this Bill does the complete opposite. It is a sop to powerful vested interests, a sinister gag on democratic debate in the run-up to the general election and a shameful abuse of the legislative process to make cheap partisan points. This is a very bad Bill. It will let Lynton Crosby continue to advise the Prime Minister on tobacco policy. It will let big tobacco continue to target the Government, without requiring those interests to register at all, but it could stop an organisation like Cancer Research UK campaigning against them.
Mr David Davis (Haltemprice and Howden) (Con)
The hon. Lady has used the phrase “excessive haste” twice in her speech so far, and with respect to part 2, I rather agree with her. Historically, constitutional and democratic measures have not been guillotined in the House. Does the Opposition intend to vote against the guillotine tonight?
Margot James (Stourbridge) (Con)
Does the hon. Lady accept that the figure of 10% in relation to the expenditure committed by third-party organisations during elections would be greatly increased if staff costs were included, as the Bill seeks to do?
Ms Eagle
Yes, the hon. Lady is exactly right. I will come on to talk in detail about the worries about part 2 that are being widely expressed outside the House, and the Government would be wise to listen and consider some major amendments to the suggestions that they have put before us today—or, better, to delay the Bill, so that we can have proper pre-legislative scrutiny. This is not a transparency of lobbying Bill; it should be renamed the “Let Lynton Lobby” Bill. The Bill will make things worse, not better. It is a wasted opportunity for political reform, and the Government must go back to the drawing board.
Before I look in detail at each part of the Bill, I shall comment on the way the Bill has been handled by the Government to date, because it is a perfect lesson in how not to legislate. Drafting it has been a process that goes against every principle that the right hon. Gentleman claims to have championed in his role as Leader of the House. The Bill was published out of the blue just two days before we rose for the summer recess and the August holiday season. If last week’s unexpected recall had not taken place, we would have found ourselves taking the Second Reading of the Bill on our second day back. We have only three sitting days until we begin the Committee stage on the Floor of the House on Monday next week.
After three years of silence and prevarication on lobbying, it is important to ask why the Government are in such a sudden headlong rush. There is only one conclusion: they are trying to ram through their gag on charities and campaigners in clause 2 so that they are silenced in time for the next general election, and they are trying to avoid the scrutiny that will show the public what a disgrace the Bill is.
Pete Wishart
The hon. Lady will know that the public have great concerns about parliamentary patronage and how party placemen can end up in the House of Lords. Is she therefore disappointed that there are no provisions in the Bill that would cover scandals such as cash for honours?
Barbara Keeley (Worsley and Eccles South) (Lab)
The Leader of the House would not give way when he was speaking about part 2. There are some key issues for coalitions of charities. The shadow Leader of the House mentioned health issues such as smoking. There are big differences between the parties on some of these issues and there could be a chilling effect on a coalition of, say, health and social care organisations that was campaigning for the particular stance that one particular party might be advocating. Charities are worried today. We have talked to them this morning. The Leader of the House may shake his head, but they are worried. He has got it wrong.
Ms Eagle
My hon. Friend is right. Lawyers who have looked at the changes that the Government are proposing to make in part 2 agree with the worries of the charitable sector. A mere assertion from those on the Government Benches that the measure does not mean what everybody else thinks it means will not be enough to reassure people on these matters.
Christopher Pincher (Tamworth) (Con)
Although I have some nugatory sympathy for the concerns that have been raised around the House, does not the hon. Lady appreciate the irony that the Labour party, which introduced the current controls around controlled expenditure, appears to be getting hot under the collar at the prospect of large organisations which, although they may not be political parties, spend a large amount of money in specific constituencies for specific candidates being called into question? It looks as though she is concerned to keep controlled expenditure on the statute book, but uncontrolled expenditure in the constituencies.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
My hon. Friend is making a strong case. She might not be aware that I was very involved in 2005, the general election year, in the Make Poverty History campaign, which lobbied and influenced Members and candidates across all parties in the House—very successfully, as many of us would agree. Does she share my fear that in the future such campaigns in an election year would not be able to go ahead or would be severely curtailed?
Mr Dennis Skinner (Bolsover) (Lab)
On part 2, my hon. Friend has got on to the question of spending money prior to an election. Is there not a connection between the National Union of Students campaigning on student fees after 2010, and the Lib Dems? Some people asked me, “Are the Lib Dems supporting this rubbish—this gagging Bill?” and I said yes. That is because of their fear of 2010, which they do not want repeated in the run-up to the next general election. What a political scandal!
Ms Eagle
As always, my hon. Friend puts his finger on an extremely relevant point.
The Leader of the House made much of his personal commitment to the pre-legislative scrutiny of Bills, and I will be the first to praise him for that. However, his commitment is ringing pretty hollow now. The Government promised that there would be pre-legislative scrutiny on the lobbying proposals in part 1. In May 2012, when he was the Minister responsible, the present Minister for Immigration, the hon. Member for Forest of Dean (Mr Harper), told this House:
“We are going to . . . publish our proposals and put them up for pre-legislative scrutiny”.—[Official Report, 22 May 2012; Vol. 545, c. 972.]
There has been none, and the Government have deliberately chosen to preclude it by taking the Bill so quickly and on the Floor of the House.
Let us remind ourselves of what the Parliamentary Secretary, Cabinet Office, the hon. Member for Norwich North (Miss Smith), who is now the responsible Minister, told the House in April this year—
Ms Eagle
I will give way in due course to the hon. Gentleman, but I am in full flow making a particular point. If he will let me finish it, I will come back to him.
The current Minister in the Cabinet Office stated earlier this year:
“Cabinet Office Ministers have had no meetings with interested parties on the Government's plans for a proposed statutory register of lobbyists since September 2012.”—[Official Report, 26 March 2013; Vol. 560, c. 1057W.]
The hon. Lady appears to be completely unperturbed by her lack of consultation and engagement on these important matters.
The Leader of the House has regularly praised the work of Select Committees since the Wright reforms were implemented, and claimed the credit for their increasing power and influence. Why, then, has he chosen to ignore the impressive piece of work on lobbying done by the Political and Constitutional Reform Committee, which his Government have had in their in-tray for nearly a year? We had an apology from the right hon. Gentleman today, but does he really think that a two-paragraph response from the Government after this Bill was published is the way his Government should treat a serious piece of work by a well-respected Select Committee? He can hardly be surprised that the Committee believes that the Government have shown
“a lack of respect for Parliament and for the many people who contributed to our inquiry.”
The Political and Constitutional Reform Committee is so concerned about the Bill that it has been forced to hold emergency hearings during the recess. The right hon. Gentleman gave evidence to the Committee this morning. The Chair of the Committee, my hon. Friend the Member for Nottingham North (Mr Allen), spoke for many in this House, I know, when he said last week that the proposals on lobbying in the Bill amount to a “dog’s breakfast”. The hon. Member for Clacton (Mr Carswell), who I see in his place, immediately objected to the use of the term “dog’s breakfast” because in his words,
“Far more thought has gone into pet nutrition than into this Bill.”
As a Member whose constituency once contained a Spillers dog biscuit factory, I can tell the hon. Gentleman from my personal experience of pet nutrition that he is absolutely right.
Ms Eagle
Let me get on. I will give way to the hon. Lady in a moment.
The Standards and Privileges Committee is also worried, as the Chair of that august body told us today, about the implications for privilege and for the remit given to the Standards Commissioner, especially by the contents in schedule 1 and clauses 1 to 3, about which the Committee was not consulted. Hon. Members on both sides of the House have raised that with the Leader of the House. I look forward to the contributions of members of both of those distinguished Committees to our debate today, as I look forward to seeing any reports on these matters. I know that Members are working hard to produce them before we get to the Committee stage next week. We will all benefit from their expertise and opinions.
I give way to the hon. Member for North East Somerset (Jacob Rees-Mogg). He has moved on. I give way to the hon. Member for Truro and Falmouth (Sarah Newton).
Sarah Newton
The hon. Lady is making a powerful criticism of the pre-legislative scrutiny of the Bill. Will she share with us equal condemnation of the lack of pre-legislative scrutiny of the 2009 Bill for which she claimed responsibility? There was no pre-legislative scrutiny of the Political Parties and Election Act 2009.
Mr Allen
We can all swap stories about who did or did not do pre-legislative scrutiny, but let us have a principled view that it is wrong not pre-legislatively to scrutinise a Bill. The way to do that is to put it in our Standing Orders that normally—apart from emergencies, when the Speaker writes a warrant stating that, because we need to get something through fairly quickly, part of the process can be dispensed with—it will be standard practice to have pre-legislative scrutiny. Had we done so on this occasion, we would probably be in danger of arriving at a consensus on the Bill.
Chris Bryant
Is not the importance of pre-legislative scrutiny that all too often it means we can iron out some of the unintended consequences? A classic one that I think we are likely to come across, in relation to part 1, is that when the Government or Parliament face a big issue many small charities decide to form a joint committee and employ someone specifically to act on their behalf and represent them. They would be caught by this Bill, whereas the bodies that they would probably be fighting against, the big commercial interests, would not. That is the unfairness.
Ms Eagle
My hon. Friend is of course right. Parts 2 and 3 of the Bill came as a complete surprise to all those in civil society who will be affected, be they charities, campaigners or trade unions. The Government designed the changes in secret and sprung them on everyone in a baleful attempt to bounce them quickly on to the statute book. They have not even bothered to consult those affected. Discussions I have had during meetings with stakeholders on all three parts of the Bill suggest that time after time e-mails, letters and calls requesting conversations with Ministers were left unanswered. The Government did not even tell the Electoral Commission until the end of June that they were going to alter the rules that it is required by law to police, so they have kept their own regulator in the dark. The Electoral Commission has said:
“We share the concerns that the Political and Constitutional Reform Committee expressed… about the timing of the Bill and the absence of pre-legislative scrutiny.”
I cannot believe that the Leader of the House is content with this shameful and shambolic process. He has provided an abject lesson in how not to develop and propose legislation. This is a Bill that he should be embarrassed to be associated with.
Seema Malhotra (Feltham and Heston) (Lab/Co-op)
My hon. Friend is giving an eloquent answer to the question of unintended consequences. Does she not also agree that in an era when we all need to look at how to increase political engagement and engagement in our democracy, particularly at election time, when people might want to challenge politicians, the Bill might do the very opposite by ending up with elections in which it is political parties that are talking to each other?
Sammy Wilson (East Antrim) (DUP)
Could not some of the ambiguity and concern about part 2 of the Bill have been avoided by having proper pre-legislative scrutiny? For example, at what point would people campaigning against poor housing conditions cross the line between simply expressing their charity’s point of view and become involved in political activity? The Leader of the House was not clear today on where that line is.
Gavin Shuker (Luton South) (Lab/Co-op)
My hon. Friend has made the fantastic point that a lack of pre-legislative scrutiny leads to unintended consequences. In my constituency, at the last election and since, a group called “HOPE not hate” has been doing fantastic campaigning work to ensure peace among the many races in Luton, including providing information about the backgrounds of the candidates standing for the far right in elections. How can it be right that they are restricted to just 2% of what, say, the British National party could spend in an election period?
John Mann (Bassetlaw) (Lab)
On the question of unintended consequences, has my hon. Friend had a chance to consider the complexities that the Bill would create for the Conservative party? The fact is that full-time employees are involved in creating donors’ clubs, and money from them goes from one constituency to another, meaning that every single Conservative association will be embroiled in an incredible amount of bureaucracy, with me monitoring every bit of their expenditure.
Ms Eagle
They should be afraid, Madam Deputy Speaker—very afraid.
I now want to look at each part of the Bill in turn, beginning with the part on lobbying. The Leader of the House attempted to keep a straight face when he claimed that the proposals will make the lobbying industry more transparent, but I am not sure that even he believes it—almost no one else does. Only this Government could think that the way to clean up lobbying is with a Bill that does not even capture Lynton Crosby. Only this Government could think that the way to clean up lobbying is with a Bill that would allow a lobbyist lobbying an MP about the lobbying Bill to escape the requirement to sign its proposed register.
Three and a half years ago the Prime Minister, when Leader of the Opposition, told us that lobbying was
“the next big scandal waiting to happen”.
He did not tell us then that he was going to do nothing about it for over three years but survive a series of lobbying scandals and then produce a Bill so flawed that it would actually make things worse.
I have two key points to make about the proposals on lobbying set out in part 1. The first relates to the laughably narrow definition of “consultant lobbyist”. Under the Government’s definition, someone will count as a lobbyist only if they lobby directly Ministers or permanent secretaries and if their business is mainly for the purposes of lobbying. It is estimated that that will cover less than one fifth of those people currently working in the £2 billion lobbying industry, and the Association of Professional Political Consultants estimates that only 1% of ministerial meetings organised by lobbyists would be covered. Moreover, it would be extremely easy to rearrange how such lobbying is conducted to evade the need to appear on the new register at all. The Bill is so narrow that it would fail to cover not only the lobbyist currently barnacle-scraping at the heart of No.10, but any of the lobbying scandals that have beset the Prime Minister in this Parliament.
My second point is that there is a real risk that the proposals will make lobbying less transparent than it is now. The Government’s proposed register would cover fewer lobbyists than the existing voluntary register run by the UK Public Affairs Council.
Mr Charles Walker (Broxbourne) (Con)
Is not the truth that far too many organisations are wasting their members’ money on hiring professional lobbyists and that their chief executives and principles would be far better advised to communicate directly with Members of Parliament, rather than farming that out to third-party organisations?
Ms Eagle
I agree with the hon. Gentleman, but the Government had better get right all the issues of privilege, because otherwise MPs might end up having to be registered as lobbyists, which would be completely ridiculous.
The Bill also does not propose any code of conduct for lobbyists, which is a step backwards from the various voluntary registers that already govern parts of the industry. The Bill is so bad that it has achieved the unique feat of uniting both transparency campaigners and the lobbying industry against it. The Association of Professional Political Consultants spoke for them all when it told the Political and Constitutional Reform Committee that it sees
“a very real risk that the overall effect will be to reduce transparency”.
The Opposition firmly believe that we need greater transparency in lobbying, not less. We will table a number of amendments to the Bill to bring in a universal register of all professional lobbyists, with a code of conduct backed by effective sanctions. We will also table amendments to close the revolving door between ministerial jobs and the private sector, and we will close the loophole that allows Lynton Crosby to be at the heart of No. 10 and yet to evade accountability and avoid publishing his client list.
Andy Sawford (Corby) (Lab/Co-op)
This morning I met representatives of Anti-Slavery International and we planned a campaign together. They are not my constituents but we aim to involve trade unions in the campaign, representing working people. All three parts of the campaign are threatened by parts 1, 2 and 3 of the Bill, yet Lynton Crosby’s activities are not touched by it. Is that not wrong?
Caroline Lucas
The hon. Lady makes a very compelling case. A moment ago she spoke about transparency. Does she agree that that should include financial transparency so that we can see a genuine, good-faith estimate of how much money has been spent on lobbying activities and thus compare what the large multinational corporations are spending versus non-profit organisations?
Ms Eagle
The hon. Lady makes another good point. We have to see what the size and value is as well as the fact that there have been meetings.
Part 2 covers third-party campaigning in the run-up to an election. All hon. Members will remember how the Prime Minister used to evangelise about the big society, but in one of the most sinister bits of legislation that I have seen in some time, this Bill twists the rules on third-party campaigning to scare charities and campaigners away from speaking out. It is an assault on the big society that the Prime Minister once claimed to revere. I say this because part 2 broadens significantly what activities will be caught by the phrase “election campaign”. That is set out in detail in new schedule 8A to the Political Parties, Elections and Referendums Act 2000.
Part 2 creates in clause 26 a new and extremely wide definition of “electoral purposes”. It is clear that these changes will have wide-ranging implications for many hundreds of charities and campaigners local and national, large and small. Some of them have told us that they will have to pull back from almost all engagement in debates on public policy in the year before the election. These changes have created massive uncertainty for those who may fall within the regulations in a way that the Electoral Commission has deplored. The changes will mean that third-party campaigning will be restricted even if it was not intended to affect the outcome of an election—for example, engaging in public policy debate. Staff costs and overheads will also have to be included in what has to be declared—something that does not apply in this way to political parties. The Electoral Commission has said that these changes could have a “dampening effect” on public debate. The National Council for Voluntary Organisations has said that the changes will
“have the result of muting charities and groups of all sorts and sizes on the issues that matter most to them and the people that they support.”
38 Degrees has said that the changes will
“have a chilling effect on British democracy”.
Ms Eagle
Conservative Members might not like the causes that 38 Degrees takes up, but surely we live in a free society and it has the right to do so. The hon. Lady has rather betrayed some of the partisan motivation that lies behind this Bill. Since she does not like 38 Degrees, perhaps she will listen to the TaxPayers Alliance, which has said:
“The bill is a serious threat to independent politics that will stifle free and open democratic debate.”
Yesterday even Owen Jones and “Guido Fawkes” were agreeing that this Bill is “undemocratic”, so the Government have managed to cause some unlikely coalitions, of which that is probably the most unlikely. We must be under no illusion: if these rules pass into law unamended they will seriously undermine free and fair democratic debate in the run-up to the next election. Blogs may well be regulated and stifled too. The changes in part 2 have met with universal opposition. Even “ConservativeHome” and “Liberal Democrat Voice” have joined “LabourList” in publishing highly critical pieces condemning their own Government’s clampdown on free speech.
Angie Bray
I am sure that the hon. Lady would agree that it is perfectly reasonable to describe 38 Degrees as a lobbying outfit. That is what it calls itself; it comprises lobbyists. I have been lobbied by it on many different occasions. Unless she is saying that to call somebody a lobbyist is somehow an insult, I think that it is perfectly legitimate to call it a lobbying organisation.
Ms Eagle
The hon. Lady needs to look at her own Government’s Bill to see that it defines 38 Degrees not as a lobbying organisation but as a third-party organisation, and the Bill attempts to gag the ability of third-party organisations to make points on policy and politics during an election campaign.
Stephen Doughty
In my time at Oxfam I had to take numerous pieces of advice on staying within the law in terms of campaigning. Charities take these things very seriously. At Oxfam I had the benefit of a legal department to go to for advice. Many smaller charities do not have that benefit, and it will be very difficult for them to interpret this dog’s breakfast of a Bill. That will result in them curtailing their activities.
Mr Charles Walker
I do not have a huge amount of time for 38 Degrees, but I am not going to address my concerns about that organisation. In the run-up to the general election, Mind and Rethink, two charities with which I am closely involved, want to set out a number of challenges for the main political parties. Does the hon. Lady feel that that will be caught by the Bill?
Ms Eagle
It is beholden on the Government to demonstrate that it will not, given that they have widened the meaning of the term “political purposes” and cut the amount of money that can be spent before it is necessary to register; that part of the Bill deals with coalitions and how they account for the cost of what they are doing; and that they have inserted some extremely uncertain definitions of “electoral purposes”. I do not want to get into a Committee-stage debate, but the Government cannot simply declaim that nothing has changed when they have changed, broadened and widened definitions and cut the amount of money that can be spent lawfully during an election period.
Dr Alan Whitehead (Southampton, Test) (Lab)
Does my hon. Friend accept that in addition to the restrictions she has described, the effect of the Electoral Commission having to police these very vague arrangements and possibly introduce sanctions after an election means that self-censorship will be the order of the day, particularly for a large number of smaller organisations, given that sanctions may be taken against them possibly a year, two years or three years after the process has taken place?
Ms Eagle
My hon. Friend makes an extremely important point about the chilling and dampening effect on the vibrancy of our democracy of this Government’s approach.
I thought at first that the Government might just have made a mess of the drafting—after all, they often do that and this Bill is certainly a mess—but it seems from the Cabinet Office response and from what the Leader of the House said today that they have deliberately set out to gag critical third-party voices. They have had repeated opportunities to address the concerns put to them by charities and campaigners, but they have dismissed them. This leaves me with the only conclusion that we can draw—that this is a deliberate and cynical attempt by the Government to insulate their policies and their record from scrutiny in the run up to the 2015 general election. Part 2 is totally unacceptable in its current form and it must be changed.
The Leader of the House tried to justify these draconian measures by arguing that they tackle the problem of third-party spending in politics, but he completely misses the point. Third parties spent less than 10% of the money spent by political parties in the last election. We all know that one of the biggest problems in our democracy today is the election expenditure arms race between political parties, not the expenditure of third parties. That is what drives the search for big-money donors. This Bill was a chance to tackle the big money in our politics, and the Government have completely squandered it.
This Government are happy to be financed by donors who pay huge sums to come for dodgy dinners in Downing street. They are a Government so shameless in their search for big-party donations that they were happy to split between the two coalition parties the proceeds of the late Joan Edwards’ half-a-million-pounds of life savings, which she had generously bequeathed to the nation in her will. Their squalid behaviour is left unaffected by this Bill; instead, it seeks to silence legitimate third-party campaigning organisations.
Fiona O’Donnell (East Lothian) (Lab)
Has my hon. Friend had any indication that the Government have considered the impact on third-party organisations wishing to speak out in the run-up to the referendum on Scottish independence, which will fall within the 12-month period?
Ms Eagle
Again, I am afraid there is very little evidence I can give my hon. Friend that the Government have considered in any serious way the impact of anything, since they consulted nobody before they came up with these proposals.
Finally, I want to comment on part 3, which centres on trade union membership records. There appears to be no policy motive for the introduction of this new law other than as a vehicle for cheap, partisan attacks on the trade unions, of which only a minority are actually affiliated to the Labour party.
Mr Tom Clarke (Coatbridge, Chryston and Bellshill) (Lab)
Did my hon. Friend notice that when the Leader of the House spoke about trade unionism he absolutely refused to give way? Is that an indication of an attack on democracy? Many a democracy has failed after that very type of attack on the trade union movement. I am a member of the GMB. Does my hon. Friend agree that trade unionists are not obscure, abstract people? The people who have inundated me and other Members with correspondence are cleaners, teachers, engineers, bus drivers and firefighters, and they, in a democracy, are entitled to be heard.
Ms Eagle
I agree wholeheartedly.
Officials from the Department for Business, Innovation and Skills have been totally unable to explain the problem that this part of the Bill is designed to solve. During a belated consultation meeting with the TUC—it took place after the Bill had been published—BIS officials could cast no light on why part 3 exists at all. Nor were they able to explain the origin of these proposals beyond their oft-repeated mantra that the provisions contained in part 3
“came out of a high level meeting between the Prime Minister and the Deputy Prime Minister”.
I think that revelation tells us all we need to know about the grubby, partisan nature of the measures.
Gavin Shuker
Did we not hear from the Leader of the House that his motivation for introducing these measures is to help the trade unions keep better records? It strikes me as odd that we know how many members the Labour party, the Liberal Democrat party and the trade unions have, but that, when asked to reveal its membership numbers, the Conservative party answers, “We can’t do that, because our records are too bad.”
Ms Eagle
I am rather sorry that I gave way to my hon. Friend, because he has just ruined one of my lines from later in my speech. Great minds think alike.
These proposals seem deliberately designed to burden trade unions with additional cost and bureaucracy from a Government who claim they are against red tape. This is despite the fact that unions already have a statutory duty to maintain registers of members. I understand from the TUC that neither the certification officer nor ACAS has made any representations to suggest that that was not already sufficient. The Government have to date failed to provide any evidence or rationale for these changes, so I can only conclude that this is a deliberate attempt to hamper unions with red tape because a minority of them have the temerity to support the Labour party.
I have serious concerns about the implications of these changes for the security of membership data. We all know that the blacklisting of trade union members may well still exist in our country. Blacklisting has ruined many lives and these changes could have some very dangerous implications, especially in the construction industry, where many are afraid to declare their membership of a trade union openly for fear of the repercussions.
Dr Hywel Francis (Aberavon) (Lab)
I am Chair of the Joint Committee on Human Rights, which has not had the opportunity to discuss this matter because of the lack of pre-legislative scrutiny. The fundamental human rights of association and privacy have been raised with us by the TUC. Does my hon. Friend agree that my Committee should have had the opportunity to scrutinise this Bill before it came to the Floor of the House?
Ms Eagle
Once more, my hon. Friend makes a powerful point. That is the third Committee that the Government have managed to ignore or insult with the production of this appallingly, rapidly constructed Bill. I hope they will reconsider the Bill and think about delaying its passage so that parliamentary Committees, including the Joint Committee on Human Rights, can do the job the House asks of them on suggested Government legislation.
I hope that the Government will respond next week to our amendments on issues of confidentiality and give the assurances we seek in these important areas.
The Government have arbitrarily singled out trade unions for this attack but have given no reason why other membership organisations should not be covered by these costly and disruptive requirements. It is beyond irony, as my hon. Friend the Member for Luton South (Gavin Shuker) has pointed out, to be lectured by the Conservative party on how to ensure that membership data are accurate when it will not even confirm how many members it has left. Perhaps it should be forced by law to appoint a highly remunerated assessor who can get to the truth of it for all of us. This is another in a long list of anti-employee proposals from a Government who always seem to want to make it easier to fire rather than hire workers and to weaken rather than strengthen their security at work. We will table a range of amendments to this part of the Bill to address concerns.
I also want to say this to the Government: we are proud of our direct link to millions of working people up and down this country and we believe in the right of working people to organise and stand up to unfair treatment in the workplace. Free trade unions are part of a free and vibrant society, and the partisan use of the law in an attempt to disrupt their efficient administration is yet another sinister aspect of this appalling Bill.
This is a bad Bill that will make things worse, not better. It makes lobbying less transparent and it places a sinister gag on charities and campaigners who want to make legitimate contributions to our democratic debate. It is a Bill that the Government should be ashamed of. It is incompetent. It is rushed. It has been developed in a high-level meeting between the Prime Minister and his deputy, but with no other consultation. It is a sop to vested interests, an illiberal attack on democratic debate and involvement, and a cheap, partisan and cynical misuse of the legislative process for the Government’s own ends. We will vote against it and I urge Government Members to join us.