Elections Bill

Baroness Kennedy of Shaws Excerpts

Lords Hansard - Part 1 & Committee stage
Thursday 17th March 2022 Lords Chamber

[Lord Scriven (LD)]

My Lords, I wish to follow the themes that the noble Lord, Lord Kerslake, and other noble Lords have alluded to. I came to this Bill slightly worried but with open ears to hear where it was going. As we have got more into Committee, the more worried I have become about a level playing field for elections. Regardless of the colour of a political party, a level playing field is what is required. With Part 4 and Clause 25 along with other clauses, it is becoming more worrying.

If you were to say to an ordinary person outside this House that the Bill would put the Electoral Commission more in the pocket of the party of government, regardless of its colour; to limit organisations, which at the moment can campaign 12 months out from a general election and spend £20,000 before they have to register, to £700; and that the stroke of the Secretary of State’s pen—that is what we are talking about—decides what type of organisation or individual is deemed to be allowed to campaign, I think most of the British public would say that was not a fair and equal way to carry out an election.

I come back to the central question that a number of noble Lords have asked: what is the problem that this clause is trying to deal with? How big is that problem? As someone who has been involved in elections since the age of 15, I am not clear what the problem is that requires my third question: what is it that requires the speed and the secrecy of the Secretary of State’s pen to deal with it? Those are the three questions that I ask the Minister. I hope that he will give detailed and, as he normally does, reasoned answers to what the clause is trying to solve, how big the problem is and, if he can explain the first two, why the only option is a Henry VIII power for the Secretary of State to decide what type of organisation or individual is deemed legal to campaign in such a way.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I too express my deep concerns about the ways in which the Bill contravenes the Human Rights Act and indeed our constitutional commitments. I have canvassed the views of human rights lawyers and constitutional lawyers, and I am afraid I find it very difficult to see where the Government’s advice has come from that this complies with our commitments and obligations under our own legislation and constitutional commitments. When people say, “Let us think twice”, it is a reminder to this House about our role in causing hesitation when something of such significance in our democracy is going to interfere with the fundamentals. I call upon us to hesitate before going down this road, and to question what its purposes really are.

[Lord Balfe (Con)]

My Lords, I would like to say a word of caution as well. When I look at a piece of legislation, I invariably say, “How would this work if the political parties were changed—if, instead of us implementing it, the party opposite were doing so?” If it passes that test because it is a fair piece of legislation, then I think that is within the Government’s right.

My concern here is that we are unbalancing the structure and that a Secretary of State—from a party, my party, that clearly is not well known for its love of the trade union movement—could exercise these powers, which may need exercising but not in this way by these people. We have to be very careful with the Electoral Commission because it is in all our interests for it to be seen as fair, independent and trustworthy. I am not going to make lots of speeches on this Bill because they would all be essentially the same, but I am afraid I am concerned about the way the Bill is tipping things.

I clearly have no interest in funding Labour Party campaigns, but I have an interest in there being a level playing field and people being able to campaign. My personal view, which I will mention in debate on another clause, is that party financing has got completely out of control and needs fundamental reform. You cannot run a democracy on selling games of tennis. When we say, “We have a great democracy and we’re really proud of it”, we are asked, “Oh yes? How do you fund it?”, and we have to reply, “Well, the Prime Minister plays tennis with Russians, and we get quite a bit of money in from that.”

When I came into politics, which was a long time ago—about 60 years, to be exact—the great joke was that you could not have a party function without a raffle and you could not run an election without at least a couple of jumble sales. When I was eventually disposed of by the Labour Party, which in retrospect was actually not a bad thing, I joined the Conservatives—