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

Duncan Hames Excerpts

Wednesday 9th October 2013 Commons Chamber

[Tom Brake]

What applies in Northern Ireland could equally apply in Scotland, England or Wales. It would all depend on whether the Royal British Legion in Northern Ireland was in some way or other promoting or procuring the electoral success of a party or candidate. If it was doing that, it could be caught. If, for instance, it was promoting or procuring the electoral support of a number of candidates because a number had endorsed its message, that would also be deducted from its spend as a third-party organisation if it was promoting the electoral success of a party or candidate. As I said, I doubt whether the Royal British Legion would want to be in the position of promoting a party or candidate. That is not what it does.

[Duncan Hames (Chippenham) (LD)]

Is not the point that all the organisations that we describe in these case studies do not seek the support of one political party, but set out to win a consensus across the political divide for their cause? Therefore they should have nothing to fear.

[Tom Brake]

That is absolutely the point. I would make a stronger point. In all the conversations that I have had with charities, they have gone to great extremes to underline the fact that as charities they do not campaign for the electoral success of a party or candidate because the Charity Commission would stop their charitable status if they were seen to be campaigning politically. They do not do that, so the argument that the threshold or total national cap is being dropped or will in some way inhibit charities is not true.

Charities do not campaign for the electoral success of a party or candidate so the threshold would not apply and they would not need to keep details of controlled expenditure. [Interruption.] I find it hard to believe that the question is still being asked. Charities are not affected by the Bill because they do not campaign for electoral success.

The Government amendments meet the commitment we made in Committee, and I thank the organisations that we have worked with on the issue. We believe our amendments provide clarification and reassurance to charities, voluntary organisations, community groups and other campaigners that their normal engagement with public policy will not be subject to regulation as long as it cannot reasonably be regarded as intended to promote or procure the electoral success of a party or candidate.

By reverting to the existing terminology, amendment 32 achieves the aim of making the test for controlled expenditure one that has been in existence since 2000. I have seen continued comment from some organisations that the rules will prevent charities and other campaigners from making their views known. Those objections are based not on what is being done in the Bill but on the rules already set out in PPERA. Those rules have been in place for a number of elections, including the 2005 and 2010 general elections. I am sure that everyone on both sides would agree that, during those elections, charities and other campaigners were not prevented from engaging and influencing public policy.