Business of the House
Eilidh Whiteford Excerpts(9 years ago)
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Chris Grayling
Let us be clear. As a nation we collectively have a duty to do what we can for Syrian refugees. I do not know the exact circumstances in Derby, but it would never be excusable for anyone in this country to mix party politics with the humanitarian needs of Syrian refugees.
Dr Eilidh Whiteford (Banff and Buchan) (SNP)
Yesterday, while the Chancellor was still on his feet, the Government sneaked out an announcement that they intend to renege yet again on their commitment to carbon capture and storage by withdrawing the billion-pound funding that they promised in their manifesto just a few months ago. That is a disgraceful act of betrayal. It sends an appalling signal to companies seeking to invest in our energy sector, and it makes a mockery of the UK’s commitment to decarbonisation just days before global talks on climate change. When will the Secretary of State come to the House and make a statement to explain to my constituents in Peterhead why they have been led up the garden path again?
Chris Grayling
We had to take some difficult decisions in yesterday’s spending review. On renewables, we have made huge progress since 2010. In the second quarter of this year more than 25% of our energy was generated from renewable sources. That is a powerful indicator of the way in which we have put money into renewables, which are playing a bigger role in our society.
Deregulation Bill
Eilidh Whiteford Excerpts(10 years, 6 months ago)
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Dr Eilidh Whiteford (Banff and Buchan) (SNP)
A more general point about marine accidents is relevant here. All of us who represent marine communities know just how hard it is for bereaved families to come to terms with their loss in the event of marine accidents, and that is made all the harder when they do not know what happened, and when unanswered questions remain. Anything that makes it harder, more costly and more bureaucratic for the families to get the answers they need must be a retrograde step. I ask the Minister to look more carefully at not just this single instance, but at the framework, and to think again about how he takes forward the regulations on this issue. It is a huge comfort to bereaved families to find out what actually happened to their loved ones.
Tom Brake
Of course it is. I have just stated the parameters that will be used to establish whether it is appropriate to reopen an investigation. We would, of course, want to ensure that the families had the answers that they wanted and deserved, so that they could get closure. We are arguing only about whether there should be a mandatory requirement on the Secretary of State to reopen formal inquiries, irrespective of the value of any new evidence that comes forward, and however small it is.
Mr Marsden
My hon. Friend is absolutely right; it is an iterative process, which simply exposes the weakness of the Minister’s argument.
Dr Whiteford
The hon. Gentleman is making a strong case. I commend him for bringing amendment 1 to the Floor of the House, because in a context where it is increasingly difficult for families to get the legal aid that they need to take such things forward, it should not be left to them to launch their own investigations. It is an extremely costly, difficult and distressing process.
Mr Marsden
The hon. Lady makes an absolutely valid point. Context is all, particularly in this case, which was crucial to the duty being put into law. MV Derbyshire sank in 1980 and was found only in 1994. That example prompted reinvestigation many years after the original incident.
The duty that the Government want to scrap was used in 1998 to reopen the formal investigation into the loss of the Derbyshire in September 1980. The Derbyshire disappeared south of Japan during Typhoon Orchid. All on board—42 crew and two passengers, who were wives of crew members—lost their lives. She remains the largest UK ship ever to have been lost at sea.
A major union-funded search for the vessel in the 1990s, supported by the International Transport Workers Federation—a global organisation, with affiliates in Britain, including the RMT, Unite, the National Union of Seamen, Nautilus International and the Transport Salaried Staffs Association and broader support from the Public and the Commercial Services Union, the Communication Workers Union, the GMB and others—was required to make that breakthrough in discovering the wreck of the Derbyshire. That effort identified the wreck in 1994 and led to the introduction of the duty in the 1995 Act to establish the necessary evidence and place the legal obligation on the Government to reopen the investigation.
After nearly 20 years of campaigning, the investigation into the cause of the loss was reopened in 1998, and great credit for that decision goes not just to the organisations I mentioned but to my hon. Friend the Member for Garston and Halewood (Maria Eagle), who galvanised the local campaign and ran an all-party group on the subject, and of course to John, now Lord Prescott, who, as Secretary of State for Transport, invoked the powers for the reinvestigation because he drew on his awareness of the struggle that unions and families had undertaken to find the missing ship. He has recently described the Government’s attempt to remove the duty as a massive insult to those who campaigned for the truth about the Derbyshire.
The steadfast way in which the friends and family group that set up the campaign, based in and around Liverpool, and the poignant memories brought back by the 20th anniversary this year of the finding of the ship testify to the huge importance of the power to reinvestigate, not just to find out new facts but, as the hon. Member for Banff and Buchan (Dr Whiteford) said, to support and recognise the loss of those who were affected. All this has been reflected in the wording of amendment 1.
The reinvestigation absolved the crew of any blame for the loss of the vessel and led to significant improvements in the safe operation of bulk carrier class ships and the understanding of typhoon conditions. For those reasons, the claim made in Committee by the Solicitor-General, who is not in his place, that if a wreck is discovered many years after an accident, safety insights would be irrelevant or out of date, really does not hold water. That argument was disproved by the case of the Derbyshire. Maritime accidents may be relatively rare, but they are tragic events and it is crucial to understand them as fully as we can.
Although it relates to a different mode of transport, the recent search for the Malaysian flight MH370 demonstrates that even in today’s technologically advanced world there are circumstances in which even our greatest efforts struggle to match the vastness of the oceans our ships and planes traverse. Who knows when future evidence on that incident will emerge as to the plane’s final fate? It might take months, years or even decades.
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Eilidh Whiteford Excerpts(10 years, 11 months ago)
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Mr Allen
I am delighted to initiate the debate.
The Bill has a chequered history as regards Parliament’s involvement in it so far, which, I am sorry to say, has demonstrated in spades the contempt that the Executive have for the legislature. I would like to expand on that just a little before I get into the detail of the amendments.
The contempt started when this Bill first came to the House, and is continuing to the very end of the process without relenting. We started this Bill having had some pre-legislative scrutiny of what we all called the lobbying Bill, only to find that one day before the summer recess a mega-Bill was presented, two thirds of which had not even seen the light of day in public let alone been discussed, analysed or subjected to pre-legislative scrutiny by this House. That is our job, but we were prevented from doing it because this Bill was presented far too late in the day, one day before a summer recess. Just to add insult to injury, it was then stuffed into the parliamentary sausage machine one week after we returned from the summer break.
That story has been repeated throughout the passage of the Bill. One might have thought that, even if only for the sake of window-dressing, there would be the odd pause, the odd break, the odd extension, or a gap between consideration by their lordships and this House, but not a bit of it. That demonstrates the way the Government treat this House, particularly when they have an embarrassment such as this Bill in front of them.
Mr Speaker is an authority on these matters and he will correct me if I am wrong, but I do not believe that it was possible to have a shorter period between consideration yesterday in the second Chamber and consideration today in Parliament. Could the House have squeezed that period even more? Could we have met last night to discuss this?
The Government had a pause in the other place, which I welcome. Six weeks is not wonderful and my Select Committee called for six months—we called for the job to be done properly. We were grateful for those six weeks, however, but there was no opportunity for colleagues in this House to consider what their lordships had said and read it carefully, because, as we know, amendments were being made up to the very last moment in the second Chamber. None of us had that opportunity—Front Benchers, colleagues who are interested in this issue and above all Back Benchers, and, may I say, the Select Committee, which seeks to represent Back Benchers and which has the legitimacy of being a Select Committee elected by Members from all parts of this House in a secret ballot, with a Chair elected by the whole House. Despite that legitimacy, none of us was allowed to see any paperwork or the Order Paper after that consideration in the second Chamber yesterday. It is an absolute disgrace, and it cannot be allowed to continue if we are to have any reputation in this House for doing our job on accountability and scrutiny effectively.
Dr Eilidh Whiteford (Banff and Buchan) (SNP)
I share the hon. Gentleman’s concerns about the process of this Bill and congratulate him and his Committee on the tremendous job they have done in turning round a report overnight—and under huge pressure, I am quite sure. Does he agree that that pressure has extended not just to those of us in this place, but to those who will be directly affected by this in civil society, and who have also had to work overnight to analyse the Lords amendments and come back to us with their perspectives on them today?
Mr Allen
As there is no good will whatever from the Executive and there is no effective process for this House other than to be told what to do and have its agenda written for it on a daily basis by the Executive, then, yes, we rely on the good will of other people. My Select Committee—a number of colleagues who serve on it are present—relies upon its Clerks, who have done an absolutely stunning job. My own Clerk was at the printers last night producing a report for Members of all parts of this House until gone 9 o’clock, and I sent that report to every Member of the House at 11.20 pm.
Is this a trivial, pointless Bill or is it an important Bill? Is it appropriate that the Chair of a Select Committee is sending a report to Members of this House just before midnight for consideration the very next day? I do not think the Government have sent anything to Members, but they are asking their colleagues to walk through the Lobby on these issues. The way the House is being treated is outrageous—again. We can all get puffed up and annoyed by stuff, but this is serious. This is about the way in which the Bill will shape the next general election and how our charities and voluntary organisations will participate in our political life. This is not a trivial matter. It is not as though 95% of people vote—the numbers voting creep down ever lower. People say, “You’re not worth going out and voting for, any of you.” And then we do this.
If this is the way we treat the important topic of lobbying—“the next big scandal”, as the Prime Minister called it—and thousands of individual charities, it speaks ill of this place and I think that we can do better.
Jim Shannon (Strangford) (DUP)
I congratulate the shadow Minister on raising important issues. I do not say for one second that the Minister is ignoring them, but the fact is that charities are not convinced by the arguments put forward. The hon. Member for Stevenage (Stephen McPartland) said that the charities in his area have not contacted him with concerns. I can tell him that the charities in my constituency, and across the whole of Northern Ireland, have stated clearly that they do have concerns, and I want to present them now.
I support Lords amendment 45, which was tabled by Lord Harries of Pentregarth. He outlined some of the issues relating to seeking to narrow the requirement for third-party campaigners to account for staff costs, which has come up again and again. Charities in my area are deeply concerned by the original proposals, and we must address this. It is beneficial for staff costs to continue to be included in controlled expenditure in relation to election material, marketing and canvassing, and when they directly relate to communicating with the electorate. The simplification of the requirements will make them much more understandable and workable for charities. I agree with commentators who say that that will make it easier to comply with the proposed legislation. One need only ask any farmer about being bound in red tape by European legislation that stifles everything to understand why it would be prohibitive for charities to undertake the original provisions.
Dr Whiteford
Might that not also deter small charities from campaigning in the first place, as well as placing those that do under a regulatory burden?
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Eilidh Whiteford Excerpts(11 years, 3 months ago)
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Mr Davis
I am on almost my last line, so I hope that the hon. Gentleman will forgive me if I do not.
The Bill would probably still get through in those circumstances, but it is probable that the House of Lords, whose primary function is to act as a defender of our constitutional rights, would strip out the whole central section of the Bill. That is what it ought to do, and that is what it will do if the Government do not get the next stage right.
Dr Eilidh Whiteford (Banff and Buchan) (SNP)
It is a great pleasure to follow the right hon. Member for Haltemprice and Howden (Mr Davis). He has made an important and valuable contribution to today’s debate. When we debated the Bill on Second Reading, the most serious concerns raised by Members on both sides of the House related to clauses 26 and 27, so I am glad that we are debating this robust and constructive set of amendments this afternoon. I am also glad that the Government have acknowledged that certain aspects of the proposals are problematic and have agreed to table amendments on Report.
The principles and the workability of this part of the Bill are problematic, and I hope that the Government will look at it again. In particular, they have sought to distance their intentions from some of the scenarios that have been outlined by civil society groups, but we must concentrate on the actual text that will form the basis of the courts’ interpretation of the legislation. I reiterate a point I made the other day about the explanatory notes to the Bill, which state clearly:
“The definition of the term ‘for electoral purposes’ does not rely solely on the intent of the third party; the effect of the expenditure must also be considered.”
That illustrates the Bill’s ambiguity and lack of clarity.
The Electoral Commission has consistently raised the concern that, under this part of the Bill, it will acquire a wide discretion to interpret whether third party activities fall within the regulatory framework established by the Bill. Neither the commission nor I thinks that that is an appropriate role for it. Its role is to regulate, not to decide what should be regulated. I share the concern expressed earlier by the Chair of the Select Committee, the hon. Member for Nottingham North (Mr Allen), on this point.
The Electoral Commission has also expressed what I suspect are well-founded fears that, as things stand, any interpretation of regulated activity could be open to legal challenge. In the short time that we have been discussing these proposals this afternoon, we have already heard examples of organisations taking legal advice. The last thing any of us wants is for this to end up in protracted and expensive legal challenges. That would not be an appropriate way of deciding what the law actually is. We need clarity on the face of the Bill and in the explanatory notes. I observe that many of the amendments in this group share the common aim of clarifying and tightening up the Government’s definitions, and I shall be looking for assurances from the Minister that any amendments tabled on Report will tackle the issue of definitions, in order to avoid placing the Electoral Commission in that contradictory position—that conflict of interest, if you like—in relation to the job that it is being asked to do.
Lady Hermon
I am most grateful to the hon. Lady; it is nice to be greeted so warmly when making an intervention. I welcome the Government’s promise of amendments on Report, although I am sorry that they will not be tabled earlier. A key issue relating to clause 26 that the Government need to deal with is the use of the words
“future relevant elections (whether imminent or otherwise)”.
Does the hon. Lady agree that charities and other organisations will not know what “imminent or otherwise” means, other than that the elections will take place some time in the future?
Dr Whiteford
The hon. Lady provides a perfect illustration of the point that I was making. Parts of the Bill are so vague as to be nonsensical, and they will be open to all kinds of challenges. They are completely open to interpretation, and the words that she has just mentioned could mean 20 different things. It is exactly that kind of vague, ambiguous language that needs to be clarified. I worry that, at the end of the process, we shall be left with unnecessary complexity, unhelpful ambiguity and unintended consequences. I urge the Government to go back to the drawing board and take the time to consult properly with stakeholders on an appropriate and balanced set of measures to ensure that third parties can continue to contribute to the democratic process without having undue and disproportionate restrictions placed upon them.
I have particular concerns about the detrimental impact that the measures could have on civil society—and, in particular, on the voluntary sector—in Scotland. I shall not repeat the points made so eloquently by the hon. Member for Caerphilly (Wayne David) about the devolved Administrations and the disproportionate effect that the Bill could have on their legislative and electoral processes. This part of the Bill is a quagmire, and its consequences have not been adequately thought through. There has not been adequate consultation with key stakeholders, including elected parliamentarians in the Governments of the devolved Administrations, and it is important that we should take the time to go back and carry out that consultation properly.
One of the points that I made on Second Reading was that those third parties that are also charities are already regulated very effectively, and are explicitly prevented from engaging in party political activity. They are already significantly constrained in the activities they can undertake during an election period. In my extensive experience of the voluntary sector, charities—whether large or small—take those responsibilities seriously and tend to err on the side of caution when determining what they do when engaging with politicians and public policy processes in the run-up to elections.
Mark Lazarowicz
The point has been raised about the possible effect of the provisions on the Scottish referendum. Is it not ironic that the Scottish charities regulator has confirmed that charities can participate and put forward their views on the issue of independence, given that that could come into conflict with the terms of the Bill? Incidentally, there is even a possibility that the Scottish Government could be considered a third party for the purposes of this legislation in the run-up to the referendum.
Dr Whiteford
The hon. Gentleman makes a pertinent point. There has been a carefully considered process in Scotland, involving a partnership between the Electoral Commission and other stakeholders, to ensure that we have a fair, democratic and open debate around the referendum. I agree entirely with him that it would be counter-productive if this legislation were to cut across that process. That is one more reason for us to go back and look at the process in more depth.
It is not just in the run-up to elections that charities and civil society organisations take these issues seriously—they take them seriously throughout the electoral cycle. Fundamentally, I do not think that charities should have to cope with an extra set of regulations that overlap so extensively with existing charity law and other forms of regulation that seem to be working well. Charity regulation is certainly working well in Scotland, and since the introduction of the Office of the Scottish Charity Regulator in 2005, governance has been strengthened across the voluntary sector, and accountability has improved dramatically right across the sector in the most recent few years.
Charities play an enormously important role in our democratic process. They not only make the voices of their members and service users heard, but they actively influence and shape public policy in ways that are already much more transparent and accountable than is the case with corporate lobbying. I can think of numerous examples of pieces of legislation that have been actively enhanced by the input of charities, with far-reaching consequences for the quality of life of thousands of people. I think in particular of the Community Care and Health (Scotland) Act 2002, which was significantly amended by the efforts of stakeholders, including a range of small specialist health charities and large campaigning organisations working together to influence legislation and make it fit for the 21st century.
When I look back at the kinds of activities undertaken, fully transparently and accountably, by the charities involved in lobbying around that Bill, I can see that some of them would almost certainly have fallen within the terms of third-party campaigning proposed in the Bill. Some of the smaller organisations, particularly those with perhaps only one or two members of staff, advocating on behalf of small numbers of people perhaps with a rare condition, would simply have opted out of that discussion because they would not have had the resources to navigate the regulatory framework. That would have been to the enormous detriment of the legislation that finally emerged. As a society, we are all better off because of the inclusion of such organisations in the democratic process.
John Thurso
I have been listening carefully to all the arguments, particularly those of the hon. Lady, but I would really like to know the answer to this particular question. She is talking about legislation and about what I would consider to be absolutely proper lobbying by charities and the voluntary sector to achieve the best outcome for that legislation. I welcome and support all of that, but I am unaware that any of that activity would fall under the provisions of part 2 of this Bill, so I would be grateful if the hon. Lady could help me on that.
Dr Whiteford
The key point I am trying to make is that those organisations are already regulated, and we do not need any duplication of that regulation. A clear example I could give the hon. Gentleman would be the Climate Change (Scotland) Act 2009. Had this Bill been in force, it would have coincided with the 2010 general election, so the cross-party political consensus created around that Act—world-leading legislation—simply would not have happened. It was the key role of civil society actors that enabled and facilitated the emergence of that consensus. That is one of the reasons I am concerned that the Bill in its current form will inhibit democratic debate and not move us any further forward.
Mr Allen
To assist the hon. Lady—although she is making such a distinguished speech that she does not need any assistance—in response to that intervention, perception is very important. The substance shows that there are difficulties, a number of which have been identified, but the perception is such that over 200 individual organisations throughout the United Kingdom have expressed doubts and anxieties about the possibilities here—
Dr Whiteford
I thank the Chairman of the Select Committee for his helpful intervention. Speaking as someone who has been a trustee of charities, very small and larger, more robust organisations working in a highly professionalised environment, I know just how true what the hon. Gentleman said is. Trustees of charities are inherently quite risk averse: they cannot fall back on huge reserves, and they are very careful in what they do. As I say, it is already a very regulated sector and, for the most part, a well-governed sector. The bigger the charity—this applies particularly to the big campaigning charities—the more attention gets paid to governance and to ensuring that it is operating within the law.
Dr Whiteford
I am anxious to make progress and conscious of the time constraints for this debate and the need to move on to consider further clauses. I am going to finish my speech shortly.
Increasing the regulatory burden on charities, which this Bill will do, will not improve transparency one jot, and it will not improve accountability. At best, it will add to and fuel the bureaucratic process, and at worst it will deter smaller organisations from engaging in public policy processes.
The purpose of my amendment 169 is simply to mitigate what I see as the worst potential side-effects of the Bill, but I believe that this part of the Bill needs wholesale redrafting, so I will be happy to support other amendments to that end.
The great irony of the Bill is that it fails to tackle the real problems in our culture of lobbying where certain parties have undue influence; instead, it creates a new layer of regulation on civil society actors who already operate with appropriate levels of transparency and accountability, many of which are already adequately regulated. This part of the Bill places obligations on some third parties that are not commensurate, proportionate or fair. I fear that it will be simply unworkable.
In speaking to amendment 169, I urge the Government to listen to those 200 organisations—not just to tell them that they are wrong, but to understand why they are concerned and accept that the drafting is well below par. Overwhelming concern has been expressed by civil society organisations about this Bill, which really needs a thorough overhaul.
Stephen McPartland (Stevenage) (Con)
I have been encouraged to speak to this part of the Bill. [Interruption.] I have not been whipped, although the Whips want to make progress. I have been encouraged to speak because some of the contributions have been very good. I am concerned, however, that there is a gap between the perception of clause 26 on controlled expenditure and the reality of that clause and what it does for controlled expenditure. My understanding of the law is that if a charity is engaged in an activity that might affect the outcome of an election, it needs to identify, first, whether that activity can be engaged in legally under charity law and, secondly, whether the activity would have an effect on the election. If it did have such an effect, the activity would, under current law, be considered to be part of controlled expenditure. I therefore think there has been a gap between the perception of the Bill and what it is actually trying to do.
I think that the contributions from the hon. Member for Caithness, Sutherland and Easter Ross (John Thurso) were very pertinent, as they tried to drill down on the important points. I was pleased to hear that the Minister will attempt to give some reassurance on Report about helping some of these charities. I am a big fan of Christian Aid, for example, and have worked with it on a number of campaigns. I have worked with other organisations, too, and I do not want any charities to be concerned or worried about the policy issues with which they can get involved.
I am a trustee of two small local charities in my constituency, and Stevenage has over 400 local charities and community groups. None of them has come to me with any concerns about the Bill. The concerns seem to come from many of the larger national charities. I am a big supporter of a number of those national ones and contribute to a number of their causes. I am proud of that.
Tom Brake
Far be it from me to encourage or advise charities. I am sure they will continue to campaign if they feel there is a need, but my hope and expectation is that, once the NCVO and other organisations have seen the amendment that we intend to publish to address their concerns about a lack of clarity on the definitions, they will be satisfied. They might not be satisfied on other elements, but we will wait and see how they respond.
The amendment tabled by the hon. Member for Perth and North Perthshire would exclude the part 2 provisions from applying to elections to the Scottish Parliament without the assent of the Scottish Parliament. A number of Members have commented on the Bill’s impact on the different Administrations, so perhaps I need to clarify the issue. For the most part, the Bill is focused on UK parliamentary elections, and many of the provisions will have no effect on elections to the Scottish Parliament. Spending controls operate by regulated period, rather than by election, so seeking to exclude Scottish Parliament election spending in those areas where there are common rules would create an unworkable situation. For those reasons and others, these matters are reserved.
The amendment tabled by the hon. Member for Banff and Buchan would exclude charities registered in the Scottish charity register. The Electoral Commission has highlighted in its amendment briefing that, as a general point, it does not see a case for charities to be exempt from the rules regulating third parties, and the Government agree.
Dr Whiteford
Will the Minister outline exactly what discussions he has had with the devolved Administrations about this Bill in Scotland, Wales and Northern Ireland? What discussions has he had with the charity commissions that regulate charities in Scotland, Wales and Northern Ireland?
Tom Brake
I am afraid I will have to write to the hon. Lady. She will be able to judge for herself whether she feels that the response is suitable.
The hon. Member for North Down (Lady Hermon) intervened on the hon. Member for Banff and Buchan and referred to future elections “imminent or otherwise”. I would like to clarify that that is an existing definition under PPERA, not something new that the Bill would introduce.
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Eilidh Whiteford Excerpts(11 years, 3 months ago)
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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.
Business of the House
Eilidh Whiteford Excerpts(12 years, 1 month ago)
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Mr Lansley
My hon. Friend may seek to secure such a debate on the Adjournment of the House or through the Backbench Business Committee, and judging from the response in the House he may be supported in that. I recall—as no doubt he does—that at Prime Minister’s questions a couple of weeks ago the Prime Minister made it clear that he will look personally at the question of a service medal relating to the arctic convoys.
Dr Eilidh Whiteford (Banff and Buchan) (SNP)
Is the Leader of the House aware of intense media speculation in recent days that the UK Government will not get any EU funding for carbon capture and storage in the current round because they have failed to provide funding guarantees? So far, the Department of Energy and Climate Change has refused to deny those rumours, which are causing great uncertainty and sending mixed messages on the UK Government’s commitment to carbon capture and storage. May we therefore have a statement from the Department at the earliest opportunity?
Mr Lansley
My colleagues at the Department have made it clear that, among other commitments, they will make an annual energy statement at some point this year. I will raise that issue with them, but they are aware of it—the Government’s commitment to carbon capture and storage has been made very clear on a number of occasions.
Sittings of the House
Eilidh Whiteford Excerpts(12 years, 5 months ago)
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Dr Eilidh Whiteford (Banff and Buchan) (SNP)
I echo the right hon. Lady’s remarks. Although I cannot return to my constituency in the evening, I still think this issue says something about our institutional culture and what we think is a normal working practice.
Dame Joan Ruddock
The hon. Lady might also feel that if she gets home a little earlier in the evening, perhaps she has more time to talk to her family.
Business of the House
Eilidh Whiteford Excerpts(13 years, 2 months ago)
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Sir George Young
Whose birthday it is today, and I am sure that the whole House wishes Baroness Thatcher a very happy birthday. It was not right to say that the party—my party—is the ideological descendent of the people who sent children up chimneys. Lord Shaftesbury introduced the legislation against the practice; I am not sure where the Liberals were on that matter.
Dr Eilidh Whiteford (Banff and Buchan) (SNP)
Following the Supreme Court’s decision yesterday to uphold Scottish Parliament legislation that will allow people who have been exposed to asbestos to receive compensation, will the Government now introduce legislation here to enable pleural plaque sufferers across the UK to achieve justice?
Sir George Young
I shall certainly raise that matter with the appropriate Minister—perhaps the Attorney-General, the Justice Secretary or the Home Secretary. The hon. Lady raises an important issue and I shall ensure that she gets an answer.