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

Eilidh Whiteford Excerpts

Tuesday 3rd September 2013 Commons Chamber

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

I am glad we have the opportunity to debate the influence of third parties and non-elected actors on our political process, and I think the regulation of such activities needs to be reviewed. So far, however, the Bill is proving a flawed means of doing that, and we all agree that there needs to be much greater transparency of lobbyists. I echo concerns already raised about the missed opportunity to include a code of conduct in that process, and I cannot help but observe and echo observations by other hon. Members that not a single lobbying scandal from recent years would have been in any way affected had this Bill been enacted.

Part 1 of the Bill, wholly inadequate as it is, relates to matters that are largely devolved in Scotland, so in the short time available I will address part 2. The measures in part 2 are particularly deeply flawed, and in spite of all the assurances we have heard from the Leader of the House, they will place undue restrictions on the ability of campaigning organisations to raise legitimate concerns about public policy issues. Although it is not a declarable interest, I feel I ought to put on record my background working in public affairs and campaigning in the voluntary sector, as well as my past directorships of charities, both large and small. I am also a member of the Electoral Commission parliamentary advisory group.

My key point is that an active, politically engaged, challenging civil society is a hallmark of democracy and the lifeblood of live political culture, every bit as much as a free press or free and fair elections. I have grave concerns that a side effect of the Bill will be to restrict the discursive space where citizens can make a fuss about public policies that affect their lives. In Scotland, as the hon. Member for East Lothian (Fiona O'Donnell) outlined, there has been considerable concern about how the Bill will restrict perfectly legitimate activities. Martin Sime, the chief executive of the Scottish Council for Voluntary Organisations, has gone so far as to say it is an

“assault on…charities’ right to campaign”.

That is strong language from organisations that are not usually prepared to put their heads above the parapet so quickly.

As legislators and decision makers we are often challenged in the ways that citizens want us to meet their expectations. They share their experiences and views with us in ways that immeasurably enhance the democratic process, and any dilution of their ability to engage with us and hold us to account for our decisions is a wholly retrograde step. Sometimes that can be uncomfortable for us in the Chamber and in Parliaments and council chambers around these islands, but without the ability to raise concerns through collective efforts, our citizens will be deprived of important avenues of engagement in the political process and our democracy will be immeasurably poorer.

It is important to remember that campaigning civil society organisations that are also charities are already highly regulated by the Charity Commission, the Charity Commission for Northern Ireland, and the Office of the Scottish Charity Regulator. Charitable organisations are already prevented from campaigning in a politically partisan way, and during election periods they are already restricted in the kinds of activities they can undertake. In my experience, charities take those responsibilities extremely seriously and are careful about the public statements and activities they undertake ahead of elections. The proposals, however, go much further. Existing legislation on charities is working well, and we should not be looking to increase the regulatory burden on charities through the Bill. Part 2 of the Bill would do exactly that, and serious concerns have been raised about the unworkability of the proposals and the changes to definitions they would involve. I have listened carefully to those on the Front Benches this afternoon.

[Fiona O'Donnell]

Does the hon. Lady agree that we also need clarity about coalitions of charities—they may be experts on this—and what happens when individual members in a network engage in political campaigning?

[Dr Whiteford]

That is an important point and I will return to a concrete example from my experience and highlight the work of the Stop Climate Chaos coalition in Scotland, which I think enabled and facilitated cross-party support for the passage of a world-leading piece of legislation—the Climate Change (Scotland) Act 2009. It is exactly such campaigns that will be in jeopardy and might simply not happen, if we take the Electoral Commission’s evidence seriously.

Another concern is that a much wider range of activities will be regulated, including organisations’ media activities. The explanatory notes state:

“The definition of ‘for election purposes’ does not rely solely on the intent of the third party; the effect of the expenditure must also be considered.”

Such spending can be controlled

“regardless of whether incurring the expenditure”

is

“intended…for another purpose.”

That belies the Government’s statement, made to try to assuage hon. Members, that the measure will not have a restrictive effect—it clearly will have such an effect.

The Electoral Commission has raised some of the most serious concerns about the Bill, including the lack of pre-legislative scrutiny. I cannot help but believe that pre-legislative scrutiny would have gone an awfully long way to address problems with the Bill. However, in pointing out the obvious—that campaigning organisations are not like political parties—the commission highlights the difficulties it foresees in the discretion it will have to interpret what activity will be regulated as political campaigning. It has made it clear that it does not believe it is appropriate for it to have such wide-ranging discretion. In any case, it is concerned that the wide definition in the Bill and its explanatory notes of “election purposes” will be open to legal challenge.

I know from my involvement in charities that they are often very risk-averse—other hon. Members with extensive involvement in charities have said the same. They will shy away from anything that might embroil them in difficult legal wrangling and threaten their charitable purposes under their charitable status. The measure will lead to a risk-averse and self-censoring culture among charitable organisations. Also, no hon. Member has so far mentioned the capacity of the Electoral Commission to deal with the new layer of bureaucracy.

It is important for the Government to address the regulation of third-party spending at elections, but they must do so in a coherent way. Part 2 of the Bill goes much further than their stated intentions. I hope they take on board the concerns hon. Members have highlighted in the debate about the duplication and spiralling of regulation.

I have not had time to go into the referendum in Scotland and the regulations that have been agreed. However, I hope the Deputy Leader of the House takes the opportunity when winding-up to address that and other issues, and that he affirms the positive role of an outspoken civil society.