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

Caroline Lucas Excerpts

Tuesday 10th September 2013 Commons Chamber

[John Thurso]

I am most grateful to the Minister.

[Caroline Lucas (Brighton, Pavilion) (Green)]

rose—

[John Thurso]

I will give way for the last time—I am in danger of being unable to intervene on my own speech.

[Caroline Lucas]

I am grateful to the hon. Gentleman for his generosity in giving way. Does he agree that, when the Government clarify their position on clause 26, they should also clarify the problem they believe they are fixing in part 2 of the Bill? Does he agree with the Government’s assessment that there is too much campaigning at election time? How much democracy does he believe the Government will feel comfortable with?

[John Thurso]

I 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.

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[Helen Goodman]

My hon. Friend is right. The problems of substance and process in the preparation of this Bill are numerous and inter-connected. People working in voluntary organisations are always annoyed that politicians of all stripes want to associate themselves with their good works but often want to ignore the hard messages they receive from those organisations. They want to ignore the lessons based on the wide range of practical experience the voluntary sector can bring to the table. This Bill is institutionalising cloth ears on the part of politicians.

It is ironic that part 2 of this Bill should come from this Government, because when the Conservatives were trying to get elected they were proclaiming the big society. Vladimir Putin would be proud to introduce this Bill.

[Caroline Lucas]

New clause 10, which stands in my name and those of the hon. Members for Nottingham North (Mr Allen) and for St Ives (Andrew George), would require the Government to carry out a proper assessment of the effect of third-party campaigning on UK elections, because I want to know what problem the Government think they are trying to fix. Alongside the rest of part 2, the changes made by clause 26 would silence legitimate campaigning voices in the run-up to elections. Equally alarmingly, Ministers are trying to push through this clampdown without a shred of evidence that there is a problem with third sector organisations exerting an undue influence over elections in the first place. As many hon. Members have said, the best way to proceed would be to ditch the whole of part 2 and only introduce changes for which there is a robust evidence base—one that would attract cross-party support—and which could take place after consultation with all organisations affected. That is what new clause 10 proposes.

Some people say that organisations such as 38 Degrees are scaremongering and that the Government’s concessions demonstrate that everything will be fine, but Ros Baston, a solicitor specialising in political and election law, told a number of MPs at a meeting that I hosted this morning that they would be advised to read the briefing from the Electoral Commission itself. Many hon. Members have already quoted from that, so I will not add to that. However, I would point hon. Members in the direction of Sir Stephen Bubb, the chief executive officer of the Association of Chief Executives of Voluntary Organisations, who says that even after these vague concessions have been promised

“the Bill remains fundamentally flawed. Our issue with it is not simply how it affects charities, but the fact it suggests they, and not other groups in society, are to blame for the public’s loss of trust in politics.”

He is very right in that assessment.

I strongly believe that there is a case for revisiting the current legislation, introduced by Labour in 2000 with the primary aim of preventing the emergence of US-style front groups working for particular candidates or parties, because the existing legislation has already been criticised for being heavy-handed in how it goes about achieving what is, of course, a laudable aim. As a result, some fiercely non-party political organisations are already saying that even the current rules have had some dampening effect on the freedom of charities and civil society organisations to campaign on policy issues—not for any political party or candidate—around the time of elections.

The crucial point must be to proceed on the basis not of hearsay but of a sound evidence base. It is right to examine the effect that third-party campaigning has had at elections in the UK and whether it has exerted undue influence over elections. It is also right to look at whether the activities of charities and civil society groups have harmed the public perception of the political system, as the Cabinet Office contends. But such a review must surely also look at whether the opposite is closer to the truth. It must ask whether existing rules are already too restrictive: do they make it unnecessarily difficult for the public to hear the opinions of those who might have different views from particular parties or candidates; are they imposing disproportionate limits on the ability of charities and others to engage in political and policy debate as one way of pursuing their charitable purposes; and are they preventing people from getting together to seek to influence the policies and positions of those who want to become their elected representatives?

[Andrew Gwynne]

Is that not the real point here: many of those charities and third-party organisations have engaged with the general public and brought them into the political processes in a way that all the political parties represented in Westminster have struggled to do in recent years?

[Caroline Lucas]

I thank the hon. Gentleman for his intervention, with which I agree wholeheartedly. I do not think that the main problem we have with our political system is over-participation; we need to be encouraging more people to participate, and that is exactly what is done by third-party organisations, such as the non-governmental organisations, the community groups—

[John Healey]

And the trade unions.

[Caroline Lucas]

Indeed.

The fundamental principle at issue today is the right of citizens to express their views and argue for or against a particular policy, and to do so by joining with others who share their concerns. It is that combination of the people who come together that we need to protect. We must not rush into changes that could make a bad situation worse when it comes to public engagement with the democratic process and elections. We need an even-handed and thorough review of the current rules. Like others, I am looking forward to seeing the details of the Government’s concession, but there is a real fear that even if their changes do what they claim they will, this Bill will still impose a dangerously anti-democratic chilling effect on legitimate voices seeking to raise awareness and stimulate debate on issues of crucial public interest, be it NHS reform, fuel poverty, housing policy or wildlife conservation.

--- Later in debate ---

[Mark Durkan]

Like other Members, I rise to voice my overall concerns about clause 27. I will support the call by the hon. Member for Nottingham North (Mr Allen) to vote against clause stand part. I also support amendment 66, which would keep limits as they are. We have heard no justification for the change proposed in the clause either to the threshold or the limit, and we have been given no example of anybody who has created any sort of difficulty. No scandal has been painted for us; we do not even have a scandal in waiting that anyone can point to. For part 1 of the Bill, however, we know of scandals that are completely untouched, and the message is “carry on regardless”.

It would also be remiss if we did not address some of the nonsense offered about amendment 101. Some might think it is a mad and daft measure that will get nowhere, but parts 2 and 3 of the Bill came out of nowhere. Amendment 101 is already gaining traction, and we are told that there will be an even harder version of it on Report. I therefore think that it needs to be fully and fairly reported. Not only would the amendment restrict the use of public funds for campaigning, it basically states that nobody can do anything that would come under controlled expenditure if they receive public funds, even if they are not using those funds for anything that might be defined as controlled expenditure. Therefore, if a charity, community or voluntary group receives funding, whether from the local council, a European programme, a Department or another public body, perhaps under a service level agreement, it can in no way use the advocacy side of its role in anything that might involve controlled expenditure.

In the context of Northern Ireland it is important for organisations that work and engage with young people who are otherwise disaffected—turned off by the political process, and in many ways socially disconnected—to get public funds. It is also good that in election periods they ensure there is discussion, political conversation and an opportunity for political parties, and others, to engage. Nothing is done that is unfair or gives advantage to any party. Indeed, the kind of hustings that are called put all parties on their mettle.

It is also good that women’s groups get funding, although it is often not enough. Groups such as Foyle Woman’s Aid in my constituency, or the Foyle Women's Information Network, sometimes get small amounts of money, or big amounts for the big and important services they provide. It is important that they too are part of the democratic conversation at election time, because that helps to move the debate on in Northern Ireland from the traditional binary divide that our media keep getting us caught into. All parties complain that we are constantly brought in to rehearse and refight the old arguments. We say we want to fight on wider social and economic points, but we are not able to because those who help to lead, stimulate and support people in the political process to try to move politics in Northern Ireland on to those issues—it is a contest of priorities, policies and performance in relation to socio-economic, cultural and environmental issues—have been told, “No, butt out; just let the parties do it their way. Leave control and influence around elections to the media.”

The hon. Member for Nottingham North said that the biggest people who influence elections and have all sorts of ulterior influences and interests at stake and in play are the big powerbrokers of the media. They are not touched by this Bill or anything else that the Government propose.

[Caroline Lucas]

I want to say a few words about the contributions from the hon. Members for North East Somerset (Jacob Rees-Mogg) and for Dover (Charlie Elphicke), and I am glad to follow the hon. Member for Foyle (Mark Durkan) because he made such an eloquent case. In a way, we should be oddly grateful for the contributions from the hon. Members for North East Somerset and for Dover, because they showed the nasty agenda behind this Bill. There is a real risk that someone might be taken in by the sanitised version that we hear from the Minister, who tells us that there is nothing to worry about. However, when we hear the kinds of ideas that those hon. Gentlemen have about the activities of charities and other organisations, we are right to be worried about the Bill.

I want to challenge the overall presumption of what amendment 101 is about. I disagree with the essential premise that just because someone receives public funds, they should be neutered for a whole year in what they can say. I worked for a development organisation for 10 years, and we did a lot of advocacy on trade, aid and debt. Our advocacy was based on our experience in the field, working alongside people living in poverty. Yes, we received Government money towards that programme in the field, but if that were somehow to mean that we were not able to speak out about what we saw and the conclusions of our experience, that would be a travesty of the public debate for which this country used to be famous.

I am deeply worried. The hon. Gentlemen confuse engaging in public debate during an election period, which amendment 101 states is a whole year, with electioneering. There is a big difference between the two. The idea that we cannot tell the difference is foolish, and in any case, laws govern involvement in electioneering, so we do not need the amendment.

I shall spend just two minutes on the clause 27 stand part debate, so the hon. Member for Strangford (Jim Shannon) can make a speech. I agree entirely with the hon. Member for Nottingham North (Mr Allen). Again and again, Opposition Members and some Government Members have challenged the Government and asked, “What problem are you trying to fix?” but we never hear an answer. The hon. Member for Dover eventually came up with one charity but, I must say, gave no evidence—he cited Shelter with no evidence. We cannot make policy on the basis of prejudice, which the hon. Gentleman appears to want to do. We should make policy on the basis of evidence, which is what I sought to do in a previous amendment.

If we get rid of clause 27, we can start again and think about what we want the Bill to do. I do not think we want the Bill to shut down legitimate public and policy debate and engagement in such debates from the wider public. Other people would not expect hon. Members to do that, which is why I join the hon. Member for Nottingham North in saying that we need to get rid of clause 27.

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Member for Brighton, Pavilion (Caroline Lucas) for giving me the last few minutes in the debate. I concur with the hon. Member for Nottingham North (Mr Allen)—he described exactly my feelings.

Charities and the Christian organisations tell me that the Bill will reduce the financial threshold at which a third-party campaigner must register with the Electoral Commission. Under the newly broadened range of activities, if a third party plans to spend £2,000 or more in the year leading up to the general election, it must register with the Electoral Commission. The Christian Institute and the Royal British Legion are concerned about that—the hon. Gentleman mentioned a number of charities that have the same concerns.

That is a unique problem for charities, many of which hold events at the Long Gallery in Stormont in the Northern Ireland Assembly for, for example, children in care, cancer awareness-raising or women’s rights, to name three of dozens of important issues. The events are costly to hold—it is highly possible that a charity will spend £2,000 or more in the year before an election without purposely seeking to enhance one candidate over the other. The charities set out to achieve a goal, but the Bill will disadvantage them greatly. I do not believe that the Government have acknowledged or understood the key issues Opposition Members have described.

Registering with the Electoral Commission at the low threshold will create disproportionate administrative burdens on charities and regulatory bodies. One point that has not been made in the Chamber is that the limit will apply to partnership working. For example, if two charities work together on a single-issue campaign and spend £2,500 each, they must both report expenditure of £5,000, which is nearly half of the limit of £11,000 in Northern Ireland.

The awful part of the measure is that, significantly, it will become a criminal offence to exceed the spending limit. The charities will not only be stopped from campaigning; they will be criminalised, which must be wrong. I cannot understand how the Government can say that that is not the case.

Other hon. Members have indicated that there will be changes to the Bill in the House of Lords. Let us pray for those changes. If those changes are made before we debate the Bill again in the House, we will have got what we wanted, but it is a pity that the Government cannot acknowledge that point.

Under the Bill, there is a significant possibility that the legitimate campaigning efforts of community and voluntary organisations will be unduly curtailed, and perhaps even criminalised, which undermines the efforts of charitable organisations to advocate for the most disadvantaged in our society. It could also prevent politicians from hearing those voices. Would it not be a terrible tragedy if we the politicians did not hear the voice of the charitable organisations that want us to campaign on their behalf to make life better for our constituents?

The Bill must not unduly impact the vital work of the community and the voluntary circle. I support hon. Members who are trying to do away with clause 27. I ask the Government to realise they are heading the wrong way.