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

Baroness Lister of Burtersett Excerpts

Monday 16th December 2013 Lords Chamber

[Lord Harries of Pentregarth (CB)]

My Lords, I am glad that the noble Lord, Lord Rooker, has raised the specific case of Northern Ireland, which he did in such a deeply felt and powerful way.

The Commission on Civil Society and Democratic Engagement, which I have the privilege to chair, carried out two consultations in Northern Ireland—one before our first report and one before our second. It would be fair to say that, as a result, we became not just concerned but seriously disturbed by the possible harm that the Bill as it now stands could do in Northern Ireland. Consequently, we put forward a number of recommendations, reflected in later amendments which I am not going to mention now; I will speak to them when we reach them. However, I hope that the Government will pay particular attention to what the noble Lord, Lord Rooker, said, especially about the manner of government in Northern Ireland, which is so different from that in Wales, Scotland and England. It may be that the Government will bring forward quite specific amendments—whether or not they accept the view of the noble Lord, Lord Rooker—in addition to those which the commission will be putting forward.

[Baroness Lister of Burtersett (Lab)]

My Lords, I do not have the same experience as my noble friends who have already spoken so powerfully about the dangers of this Bill for Northern Ireland, but I was privileged to be a member of the Opsahl commission on the future of Northern Ireland about 20 years ago. As part of that commission we invited anyone to give evidence about anything that concerned them. We were particularly impressed by the evidence that we received from local civil society groups, especially from the women in those organisations, working within and across divided communities to help bring peace and social justice to Northern Ireland.

As it happens, 10 days ago I was in Belfast with the Associate Parliamentary Group on Women, Peace and Security, which is undertaking an inquiry into the application to Northern Ireland of UNSCR 1325 on women’s roles in post-conflict situations. To my amazement, I discovered that our Government did not accept that Northern Ireland had been in a conflict situation, although there are groups currently campaigning on the application of UNSCR 1325 to Northern Ireland. When we heard from civil society groups, one of the overwhelming messages that we received was that women in deprived communities feel that they are being silenced, partly by the men in their communities and partly because their role in achieving peace and reconciliation in Northern Ireland is simply not being recognised. My fear is that this Bill will further silence these women who are active in local community groups.

My noble friend Lord Rooker talked about equality legislation in Northern Ireland. Again, the overwhelming message we received was that Section 75 of the Northern Ireland Act 1998 is not producing gender equality in Northern Ireland; in the name of gender neutrality, women are being disadvantaged. Again, these are issues around which campaigning has taken place. As well as the implications for Northern Ireland—I hope that the Minister will take heed of my noble friend’s warnings in that regard—this issue also illustrates an important point made by the Commission on Civil Society and Democratic Engagement, which I congratulate on producing a first-class, useful report in no time at all. One of the issues to which it draws attention is the failure of the Government to provide a detailed equalities impact assessment. This is very relevant to the Northern Ireland situation where, as I say, women’s voices in particular could be silenced. The report says that the commission is not aware that any progress being made in this regard during the pause—that is, with regard to an equalities impact assessment. Therefore, I would be very grateful if, as well as referring specifically to the point about Northern Ireland, the Minister will advise your Lordships’ House whether any progress has been made on an equalities impact assessment in relation to this piece of legislation.

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We will want to look at the very important points which have been made but I hope I have given reassurance that these kinds of activities, which the Government wish to encourage, would not be caught by the Bill. I hope the noble Lord, Lord Rooker, will reflect on that and be prepared to withdraw the amendment.

[Baroness Lister of Burtersett]

Can the noble and learned Lord give an answer to my question about whether any further work has been done on the equalities impact assessment? This is not relevant only to Northern Ireland but, for the reasons I gave, is particularly so there.

[Lord Wallace of Tankerness]

My Lords, I apologise for overlooking my scribbled note. As part of the impact assessment at the time the Bill was published, we said that 30 third parties were recognised by the Electoral Commission for the 2010 general election and that there were no robust equalities data covering these groups. However, we did not believe that these proposals would have an adverse equalities impact because of the wide range of groups that were registered. There is nothing to suggest that there was a preponderance of gender equality organisations. We therefore do not believe there is particular impact in that regard.

In the 2010 election in Northern Ireland, 10 third parties spent a total of £26,773 while £27,000 could potentially have been spent by each third party. The total for 10 third parties was, therefore, less than what one could have spent. Only two incurred expenditure above the current £5,000 registration threshold.

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[Baroness Lister of Burtersett]

My Lords, I declare my interests at this point. They are quite wide-ranging in relation to charities and non-charitable organisations, and they are listed in the legislative scrutiny report of the Joint Committee on Human Rights.

I want to declare my support for the amendments tabled on behalf of the Commission on Civil Society and Democratic Engagement. While I take the point of the noble Lord, Lord Horam, that it is not unusual for this House to take a number of amendments together, I point out that the Electoral Commission emphasised that we have to consider the cumulative impact of a number of different parts of this legislation. This was also a point emphasised by the Joint Committee on Human Rights, so it is not inappropriate for us to consider the way these amendments hang together. I think they do hang together.

I simply want to highlight very briefly a few of the points covered by them. The first is the question of access to information for disabled people, which has already been talked about very powerfully. This is a question of equity. It costs more to provide that information and it is only equitable that that is taken into account.

The second point, which we have not talked about as much, is the question of public meetings. The NCVO in its latest briefing picked this up, referring to the report of the Joint Committee on Human Rights and our concern about the possible impact of this part of the legislation on the human right to freedom of association. That is very important. The NCVO refers to a number of organisations having flagged this up, particularly with regard to disability, welfare and social security reform issues. The concern is about the high cost associated with organising a rally of some form and the subsequent impact this would have on campaigning activity through the rest of a regulated period. I hope the Government might consider looking again at public meetings being covered by the legislation.

The final point is on the question of the definition of “supporters”. I was struck that the commission’s report pointed out that this matter was simply not considered by the House of Commons during its debates. I went to the launch of the commission’s second report, where one of its members spoke very convincingly about the importance of taking account of how membership of organisations has changed and said that the legislation has not caught up with this. The commission’s report states:

“We heard evidence about the need for a definition of supporters which reflects the contemporary way in which members of the public lend their support to organisations and campaigns including by email and social media—not just financial supporters”.

I am not sure which of the competing amendments is right, but it seems to me essential that one of these amendments should be accepted, and that we have a more up-to-date understanding of what it means to support voluntary organisations.

[Lord Best (CB)]

My Lords, I shall speak to Amendment 163A, another in this rather large group. I declare my interest as a member of the advisory board of the National Council of Voluntary Organisations, the NCVO, which is a key organisation in seeking amendments to the Bill and supplementing the brilliant work of the civil society commission chaired by the noble and right reverend Lord, Lord Harries of Pentregarth. I am grateful to him for his support for this amendment, and to the NCVO for its briefing on this amendment.

This amendment joins so many others in seeking to preserve the freedoms of not-for-profit organisations seeking to influence government and decision-makers. In the case of this amendment the issue is the new list of activities, the costs of which count as qualifying expenses and lead to regulation. The list now includes public rallies or other public meetings where expenses include costs in connection with the attendance of persons at the event, the hire of premises and provision of goods, services and facilities. So this is about all costs associated with freedom of association at rallies and other public meetings. A potential problem here is acknowledged by the Government’s human rights memorandum, which noted that,

“more things (such as for example, costs associated with the organisation of rallies and events) will count towards spending limits and require control. This engages Article 10 and 11”.

The Joint Committee on Human Rights has expressed concern about the possible impact of the broadened list of activities on the freedom of association. The noble Baroness, Lady Lister, has just referred to this. A number of organisations, notably those interested in disability and welfare reform issues, have flagged the concern that the high costs associated with organising a rally of some form would have a major impact on campaigning activity throughout the rest of a regulated period.

Perhaps I could share three examples of organisations and their activities that would be covered by the new rules and lead to disproportionately onerous bureaucracy and burdens, which could effectively prevent those organisations campaigning in ways that they have done in the past.

The first is the case of the Countryside Alliance’s opposition to the hunting ban in 2001 and 2005—an example that is known to a number of your Lordships. In the run-up to the 2001 and 2005 general elections, the alliance mobilised its supporters and the general public against the hunting ban—activities which in total required a pretty high level of expenditure, including demonstrations and rallies against the hunting ban, press conferences to promote the event, transport costs for those attending the events, and producing and distributing leaflets to promote the events. The Countryside Alliance is not linked to any one political party. However, because the issue of hunting can be seen as highly partisan, with the hunting ban more associated with the Labour Party, all the costs incurred in these events would have counted towards the alliance’s expenditure. Had the Political Parties, Elections and Referendums Act 2000 been amended as the Bill proposes at the time the hunting Bill made its way through Parliament, the ability of organisations such as the alliance to oppose the proposed ban and organise marches and rallies would have been severely curtailed.

Secondly, in the run up to the Copenhagen climate change summit in 2009 and the UK general election in 2010, the organisations in the Stop Climate Chaos coalition worked on a range of events, including outdoor rallies; the Wave, a march through London attended by 50,000 supporters; and schools’ conferences held with schools from across England to talk about climate change, with MPs invited to a panel debate. Under the new rules proposed by the Bill, even if lower spending limits are not pursued, it is likely that the various activities carried out by the coalition would have exceeded the maximum amount allowed, forcing the coalition to stop its campaigning.

Thirdly and finally, the Women’s Institute’s Great Food Debate involved a programme of work on food security and was launched at an event in York in December 2012 with a report on food security. The event was free, open to the public and included a panel at which the Environment Secretary, Owen Paterson MP, gave a keynote speech. Members of the WI and members of the public attended the launch and debate, with another in Cardiff the following month. The Great Food Debate is designed to explore the concept of pressure on the food system and provide an opportunity to engage with the public. The National Federation of Women’s Institutes encourages WIs all over the country to replicate its national work by hosting their own local and regional Great Food Debates. All this generated significant media coverage, including local and regional coverage. The Great Food Debate is certainly not supportive of any particular party but the media reporting of the events placed the debates and work programme in a political context, as exemplified by headlines such as the following in the Daily Mail:

“Put cooking back on the national curriculum to tackle obesity timebomb and stop pupils wasting food, urges WI”.

The Daily Telegraph read:

“TV cooks should give us recipes for leftovers to cut waste, says Minister”,

and:

“Teach all children to cook in schools, says Women’s Institute”.

In addition, the Environment Secretary used the platform as an opportunity to call for further consideration by the public of GM and agritechnology. If the Bill is passed and these events were held in the 12 months before one of the elections covered by it, the related costs would take the National Federation of Women’s Institutes over the registration threshold, with all the consequences that that would imply. All local WIs and federations would have to register as third-party campaigners with the Electoral Commission because the NFWI would have spent more than the registration threshold in creating the materials to help members hold their own debates. Federations and WIs in this scenario would then have to take on all the regulatory burdens associated with that.

It is good to hear that the Government will be bringing forward changes that will increase substantially the cash thresholds for registration. Amendment 163A helps that process by taking out one element that could disproportionately affect the total spending by voluntary bodies in this grey area of non-partisan campaigning. It diminishes the unintended chilling effect of the Bill, which otherwise seems likely directly to deter voluntary bodies from organising the free association of people at rallies and public events, and indirectly to reduce engagement of the sector in important campaigning activity.