Charities (Protection and Social Investment) Bill [Lords]

Debate between Anna Turley and Wendy Morton

Tuesday 26th January 2016 Commons Chamber

[Anna Turley]

My hon. Friend is absolutely right. As she has ably demonstrated, charities have a long-established role in educating, informing the public, campaigning and securing positive social change throughout our history.

[Wendy Morton (Aldridge-Brownhills) (Con)]

Use of such terms can seem a little bizarre, but does the hon. Lady not agree that charities can already make representations, including to us as Members of this place? One of the big things about charities is that they have a special ethos that drives their work and activities. I therefore cannot understand why we should support new clause 3.

[Anna Turley]

It is quite clear that the charitable sector felt that the 2014 Act prevented them from being able to pursue exactly the aims that the hon. Lady sets out. We in this House share many things in common with the charitable sector, not least the effort to build a better society, so it is absolutely right that we should work together in partnership to build better policy making and to shape the kind of society that she cares about. Our new clause has not come out of thin air. We are reacting to a very bad piece of legislation, about which the sector feels extremely strongly. We want to continue to protect the sector.

--- Later in debate ---

[Anna Turley]

I completely share my hon. Friend’s view and am grateful for his supportive intervention.

Charities themselves have set out their concerns, including the fact that the scope of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 is very broad. They are concerned that the legitimate day-to-day activities of charities and voluntary organisations that engage with public policy will be caught by the rules and that a number of regulated charities, voluntary organisations and other groups will be substantially affected. They feel that the Act is incredibly complex and unclear, and that it will be difficult for charities and other voluntary groups to understand whether any of their activities will be caught, giving rise to the risk that campaigning activity will be discouraged.

Charities also feel that the 2014 Act gives substantial discretion to the Electoral Commission, creating an unnecessary and burdensome regulatory regime and possibly leaving charities, voluntary organisations and the Electoral Commission open to legal challenge. The legal opinion provided to the National Council for Voluntary Organisations by election law experts suggested that the rules were so complex and unclear that they were

“likely to have a chilling effect on freedom of expression, putting small organisations and their trustees and directors in fear of criminal penalty if they speak out on matters of public interest and concern”.

The 2014 Act stopped charities campaigning—they say so themselves—and caused unnecessary cost and confusion, according to a report by the Commission on Civil Society and Democratic Engagement, which looked at its effect on last year’s general election. Drawing on evidence from UK charities and campaign groups, the commission found that charities were faced with confusion about

“the ambiguity of the definition of regulated activity.”

The commission states that as a result of that,

“many activities aimed at raising awareness and generating discussion ahead of the election have not taken place.”

A representative of the World Wide Fund for Nature told the commission:

“I think the Act has created an atmosphere of caution within parts of our sector. It has also wasted time in terms of analysis of it, explaining it to Trustees, staff etc. It is not…a piece of legislation we need.”

Greenpeace told the commission:

“We were meant to be participating in a huge cross-NGO campaign, but all apart from a couple of the organisations ended up not campaigning during the general election period leaving us with not enough partners to run the campaign.”

The Salvation Army stated:

“As we are not traditionally a campaigning charity we were not in danger of exceeding the top limit. However, we were wary of supporting causes that could be considered coalition campaigning because we felt the administrative cost would be excessive and we couldn’t control the level of spending.”

The Commission on Civil Society and Democratic Engagement also found that voluntary groups undertaking Government contracts regularly faced threats to remain silent on key Government policies. Many neglect to speak out on issues that are plaguing society, for fear of losing funding or inviting other unwelcome sanctions.

[Wendy Morton]

Will the hon. Lady give way?

[Anna Turley]

I am afraid that I am nearly at the end of my speech, so I will finish.

The lobbying legislation looks to many in the sector too much like another deliberate and shameless act by a Government who are too scared to debate their record or to be open to scrutiny and challenge. The health of our democracy depends on people’s right to campaign on the issues they care about. The 2014 Act was an attack on our democracy. It limits the rights of charities to fight for important causes. It has left expert organisations that have a vital contribution to make to public debate unsure whether they are allowed to speak out. We seek to protect the right of charities to have a loud and respected voice in our democracy. I commend new clause 3 to the House.

Charities (Protection and Social Investment) Bill [ Lords ] (Fifth sitting)

Debate between Anna Turley and Wendy Morton

Thursday 7th January 2016 Public Bill Committees

[Anna Turley]

I am going to make some progress; I am sorry. We are going to run out of time.

As I said in response to the comments of the hon. Member for Tonbridge and Malling, charities’ fears have been realised. The Act did stop charities from campaigning—they say so themselves—and caused unnecessary cost and confusion, according to a report by the Commission on Civil Society and Democratic Engagement, which looked into its effect on last year’s general election. Drawing on evidence from UK charities and campaign groups, the commission found that charities were faced with confusion about the

“ambiguity of the definition of regulated activity”.

As a result of that, the commission says,

“many activities aimed at raising awareness and generating discussion ahead of the election have not taken place”.

A representative of the World Wildlife Fund told the commission:

“I think the Act has created an atmosphere of caution within parts of our sector. It has also wasted time in terms of analysis of it, explaining it to trustees, staff etc. It is not…a piece of legislation we need.”

An anonymous large non-governmental organisation told the commission:

“The Act meant we didn’t undertake some of the activities we planned. Also, joint campaigning was tough as many organisations were very nervous about the Act and (therefore) watered down their activities, meaning our ability to campaign in the run-up to the election was severely hampered.”

Greenpeace told the commission that it had intended to participate in a “cross-NGO campaign”, but that all but a couple of organisations ended up not participating due to the general election period, leaving Greenpeace without enough partners to run the campaign. The Salvation Army said that although it was not traditionally a campaigning charity and therefore not in danger of exceeding the top limit, it was still wary of supporting causes that

“could be considered coalition campaigning because we felt the administrative cost would be excessive and we couldn’t control the level of spending”.

The report stated that 12.5% of the organisations surveyed reported taking no part in coalition campaigning because of the Act, while a further 12.5% substantially reduced and 31% slightly reduced their involvement in coalition campaigning. The commission also stated that it had seen

“no evidence to substantiate the claim that the Lobbying Act was needed to avert undue influence on elections”.

I am afraid the lobbying legislation looks to many in the sector too much like a deliberate and shameless act by a Government scared to debate their record or to be open to scrutiny and challenge by the third sector. A Government who seek a big society and a strong civil society must not be afraid of one of the most fundamental aspects of such a society: freedom of speech and to hold the Government of the day to account.

[Wendy Morton (Aldridge-Brownhills) (Con)]

I am grateful to the hon. Lady for giving way, because she has taken a lot of interventions. We need to remind ourselves that charities already make representations to Government on behalf of the public and of the many valuable causes that people promote and hold dear. Does she not agree that the new clause would risk fundamentally undermining that very relationship of trust, which we are seeking to strengthen in the Bill? Charities often value their independence from Government and politics.

[Anna Turley]

I disagreed with everything until the hon. Lady’s last point. Charities totally value their independence. Previous legislation has sought to stifle their independence and to prevent proper challenge and scrutiny of Government in the build-up to an election, but the new clause seeks to protect that.