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

David Anderson Excerpts

Tuesday 10th September 2013 Commons Chamber

[Tom Brake]

We could continue this rather unfruitful dialogue, or I can restate that, whatever the charity to which the hon. Gentleman refers did in the run-up to the 2010 general election, we will ensure the same clarity about what it can do in the run-up to the 2015 general election, and there would be no difference.

[Mr David Anderson (Blaydon) (Lab)]

rose—

[Mark Durkan (Foyle) (SDLP)]

rose—

--- Later in debate ---

[Tom Brake]

When the amendment is made public—we have made a commitment to do that—I am sure that those organisations will be effective at lobbying us, and no doubt 38 Degrees will also want to communicate its views. We will be informed about whether the different organisations consider our amendment to be sufficient to achieve what they are requesting.

[Mr Anderson]

rose—

[Tom Brake]

I am going to make some more progress.

The amendments tabled by my hon. Friend the Member for Caithness, Sutherland and Easter Ross would alter clause 26, so that a third party would incur controlled expenditure only when it undertook activities that fall within part 1 of proposed schedule 8A to the Political Parties, Elections and Referendums Act 2000, as set out in schedule 3 to the Bill, and are incurred “for election purposes”. It would also remove the definition of “for election purposes”, which means that “for election purposes” would be undefined in the legislation. I can see that the objective of the amendments is to maintain the expanded list of activities that would count as controlled expenditure, but to revert to the existing definition, as used for “election materials”.

The amendments tabled by the hon. Member for Caerphilly seek to reinstate the current legislative arrangements. Recognised third parties would incur controlled expenditure only for “election materials” and only for certain activities, such as advertising and unsolicited materials addressed to electors. The Government believe that aligning the activities for which political parties and recognised third parties incur controlled expenditure is a sensible and reasonable objective. As I have said, this measure is advocated and supported by the Electoral Commission.

The hon. Member for Leyton and Wanstead (John Cryer) referred to Hope not Hate. I agree with him that many of the things that people have said today will result from the Bill will simply not happen. However, given that Hope not Hate spent above the cap proposed by the Government, its spending would be constrained, so he touched on a genuine point. I will be meeting Hope not Hate to see whether we can address the concerns it might have. With organisations such as 38 Degrees and Hope not Hate increasingly switching to online campaigning activity, the costs of campaigning could go down, as it is much cheaper to campaign online via e-mail than by using postal mailshots. I will meet that organisation to discuss the matter in any case.

There is a potential gap in the regulatory regime when a recognised third party that undertakes public rallies and media events would only incur spending on election material made available to the public, whereas if that were done on behalf of a political party, the cost of the full range of activities would be captured. This objective should not be lost in the wider discussion relating to charities and voluntary organisations.

A further amendment tabled by the hon. Member for Caerphilly seeks to amend the definition of “election purposes” so that controlled expenditure would be incurred only by a recognised third party when it was its direct purpose. It is useful to highlight to the Committee that, under the currently regulatory regime, the test for “electoral materials” has a subjective and an objective element.

--- Later in debate ---

[Angela Smith]

I have noted the hon. Gentleman’s interest in this issue in the past. I point to the answers given by my hon. Friend the Member for Bishop Auckland earlier: funding agreements between the state, local government and charities tend to make it virtually impossible for charities spending public funds to spend them on any other purpose.

This is a dog’s dinner of a Bill and, as the hon. Member for Harwich and North Essex (Mr Jenkin) said a short while ago, even that description of the Bill is an insult to dog nutrition. So let us be clear: our invitation today to the Conservative partners in the coalition is to place reform of third party spending in elections clearly in the context of a cross-party consensus on political party funding and political party spending. We need to see a cap on donations to political parties—our leader has suggested a cap of £5,000—and we need to see meaningful reductions in spending limits by political parties in general elections. We need to stop this spending race, which sees spiralling sums of money spent on successive elections. No more dodgy dinners in Downing street; no more bankrolling of the Conservative party by a tiny number of wealthy City donors. The Electoral Commission itself has made it clear that reform of third party spending is needed, but not like this. Clause 27 has caused huge consternation in the third sector, because if passed into law, it would play a major part—along with the other clauses in part 2—in effectively gagging the third sector in election periods. The changes will have a chilling effect on our national debate in the year before the election. That cannot be right for any modern, 21st-century democracy.

[Mr Anderson]

In an earlier debate, our hon. Friend the Member for Bassetlaw (John Mann) raised with the Deputy Leader of the House, who is no longer in his place, the scenario in which charities would not be allowed to campaign in his constituency, yet political parties could spend £250,000 there, as they did, trying to undermine him and make him lose his seat. Is that not the real scandal of this Bill? It does nothing to address that concern. It will affect charities, who have a genuine right to lobby, but do nothing about such abuses of power.

[Angela Smith]

Our hon. Friend the Member for Bassetlaw (John Mann) articulated clearly the feelings of parts of many organisations in the third sector, who feel aggrieved that they are being picked on, as it were, in this Bill while the big spending takes place elsewhere.

The sceptical among us could be forgiven for thinking that in part 2, and clause 27 in particular, the Government appear to be trying to insulate their record and policies from legitimate democratic criticism. For example, a number of recent high-profile third sector campaigns could well have been stymied if this Bill had been in place. They include campaigns such as Stonewall’s equal marriage campaign or the Royal British Legion’s military covenant campaign. Indeed, as has been made clear on a number of occasions this afternoon, the National Union of Students could find it difficult to hold Members to account in the forthcoming election period.

It is perfectly possible that the Bill could also prevent the coalition of charities campaigning for plain packaging for cigarettes from making its case in the forthcoming election period. That is how serious the effect of this Bill could be. Cancer Research UK and the British Heart Foundation could suffer the dampening effect of this Bill, and thereby become reluctant to make their case, while at the same time Lynton Crosby—a lobbyist for the tobacco industry—is working from the heart of the Government machine in Downing street. At a time when trust in politics is at an all-time low, why do the Government want to restrict the one part of our politics that is doing a good job in engaging people from all backgrounds in our political process? Why do the Government want to risk lowering the reputation of our political culture even more?

Clause 27 also illustrates a worrying trend on the right in politics—the challenge to the role of charities in the Prime Minister’s big society. Let us take the recent speech by the Justice Secretary, who proposed in an article in the Daily Mail recently that we ought to curtail the use of judicial review because—in his words—

“judicial reviews are launched in order to try to disrupt Government policies, such as those initiated by anti-HS2 campaigners or by those who believe it is right that taxpayers’ money should be spent on subsidising people in social housing to keep spare rooms.”

More and more, we are seeing challenges to a vibrant civil society—challenges that, if acted on, would contribute to an insulation of Government from the crucial checks and balances needed in a healthy democracy.