Electoral Conduct (Discrimination)

Helen Grant Excerpts

Wednesday 7th May 2014 Westminster Hall

[The Parliamentary Under-Secretary of State for Women and Equalities (Mrs Helen Grant)]

It is a great pleasure to serve under your chairmanship, Mrs Main. I thank all hon. Members for their passionate and sensitive speeches and many interventions about an issue that is certainly important to us all. Also, right at the beginning, I congratulate the all-party parliamentary inquiry into electoral conduct on its work. I was personally dismayed by the shocking examples of racism and discrimination during election campaigns featured in the detailed report that was produced.

The hon. Member for North East Derbyshire (Natascha Engel), who introduced the debate, already knows this, but for the benefit of the other people in the Chamber, I can confirm that a meeting has been set up for us in, I believe, June—I am not sure of the precise date. I look forward to meeting her. I am also very happy to meet members of the commission to discuss the inquiry’s findings. This is a very important issue to the Government and to me, as the Minister for Women and Equalities. As my right hon. Friend the Prime Minister said when the inquiry published its report, we need to ensure that we keep this sort of horrible racism out of politics. That is exactly what some of the conduct and behaviour is.

As Minister for Women and Equalities, I recently took part in a debate on parliamentary representation. It was clear from the discussion that the Government, political parties and Parliament are making quite good progress, but it was recognised by everyone that we still have a very long way to go. I believe that tackling prejudice and ignorance is essential to the functioning of our democracy. Human rights principles provide a basis from which to build and maintain a safer, more prosperous, cohesive society, with care and consideration for the dignity and well-being of everyone at its heart.

Eleanor Roosevelt spoke about the importance of making the universal declaration of human rights

“a living document, something that is not just words on paper”;

something that is not just written down, but that we

“bring to the lives of all people”.

When the UN General Assembly agreed the Paris principles, Roosevelt’s vision started to become a reality. The Paris principles detail the role that national human rights institutions are expected to perform and make it very clear that such institutions must be independent of Government and that their independence must be guaranteed in legislation. The Equality Act 2006 established the Equality and Human Rights Commission, Britain’s first national human rights institution. The EHRC is independent of Government, and its remit is limited to equality and human rights issues. In 2009, the United Nations reviewed the EHRC’s work and structures and subsequently designated it an A-status national human rights institution, which means that it fully complies with the Paris principles.

The hon. Member for North East Derbyshire and many other hon. Members have raised genuine concerns about the EHRC and its response to the inquiry’s recommendations. I will respond to some of those concerns in as much detail as I can. I know it has been claimed that the commission should engage in certain work and that it should be taking responsibility and showing enthusiasm. However, if the Government failed to respect the independence of the EHRC by requiring it to do certain work, the EHRC could see its status downgraded or cease to be recognised as a national human rights institution by the United Nations. I understand what the hon. Lady is saying, but I think that it is for the all-party group against anti-Semitism, which has played an important role in getting us to the position that we are in today, or hon. Members with concerns or other relevant groups, to make the case to the EHRC’s board, which sets the work programme. I will come back later to the question of encouragement.

If the Government directed the EHRC to create an election toolkit, which was recommendation 1 in the inquiry’s report, we would be asking a regulator charged with ensuring people’s freedom of expression to seek to limit how people exercised that freedom of expression in relation to campaigning. That would create a degree of inconsistency. The Government believe that it is for individual political parties to decide what they want. If they feel that such a toolkit might be useful, it is for them to produce one.

Various political advertisements have been mentioned today, and it is worth noting that political advertising is exempt from the British codes on advertising and sales promotion. Consequently, even the bodies that could in principle regulate in this area are unable to do so. The best course of action—it is a practical one, which often works—for anyone with concerns about a political advert is to contact the party responsible and exercise their democratic right to tell that party exactly what they think. If it is felt that the advert amounts to discrimination or hate crime, that is a matter for the courts and the police. The police take hate crime and racism very seriously.

[Sir Andrew Stunell]

The guidelines made available by the CRE were used extensively by local authorities, returning officers and others who regulate the election process. Does the Minister not see a wider role than simply issuing guidelines to political parties?

[Mrs Grant]

I hear what the right hon. Gentleman has to say, and I know that he participated in the inquiry. However, the issues are electoral ones. The Electoral Commission publishes guidance and deals with misconduct. If the sin or the abuse is worse than misconduct, it is, of course, discrimination and it is dealt with by the courts. If it is worse than that—if it amounts to hate crime or racism—the police will take such matters seriously. If political parties feel that codes of practice are needed, it is for them to reach agreement and produce such codes.

[Natascha Engel]

I think the point that the right hon. Member for Hazel Grove (Sir Andrew Stunell) raised, which I would like to raise as well, is that there is a need for the EHRC to look at preventing discrimination. The Minister is talking about a process for dealing with discrimination when it is found, but we are saying that it would be much better if the EHRC were more proactive in going out and training, advising and using toolkits to prevent discrimination from happening in the first place.

[Mrs Grant]

I hear and understand the point that the hon. Lady is making. The EHRC is a highly respected, A-status established body. I know that she has concerns, but the EHRC does a huge amount of work to tackle unlawful discrimination and promote equality. Should it do more? That is something that we might discuss in our meeting in June, but I must emphasise that the EHRC is independent, and it must decide what it will do. It is important that lobbyists lobby appropriately, particularly when it comes to racism and discrimination. I will say a little more about the role and function of the EHRC as I progress.

If the EHRC’s remit was extended to cover electoral law, it might go beyond its powers as specified in the Equality Act 2010. Some of the ideas raised today might well result in such an outcome, so we must be careful. It would be inappropriate for the EHRC to draw up annual guidance on electoral conduct, as set out in recommendation 3 of the inquiry report—the Electoral Commission leads on that area—or on hate crime, which the police enforce through the courts. Instead, the Government believe that relevant groups, including all-party parliamentary groups, and hon. Members who have concerns must work with the Electoral Commission and the police to deliver recommendations aimed at electoral reform, criminal harassment and hate crime.

I agree with the all-party parliamentary inquiry that it is important that people know exactly where to go if a candidate’s campaign material contains false or misleading statements or breaches of electoral rules. However, the Electoral Commission already produces guidance for the police and the Association of Chief Police Officers, so it seems sensible for the police and the Electoral Commission to ensure that that guidance covers discrimination and hate crime rather than for the EHRC to create separate guidance. We are in agreement about what needs to be done; it is simply a question of the vehicle, the tool or the method by which we achieve it. I want to work with the hon. Member for North East Derbyshire on this.

Recommendation 19 suggests that the EHRC should produce a standardised framework for reporting discrimination during election campaigns. In practice, the Electoral Commission and the police have their own published guidance on how to report electoral misconduct and how to report a crime. Guidance on reporting unlawful discrimination is available from the Equality Advisory and Support Service, which is funded by the Department for Culture, Media and Sport.

Let me pick up some of the other questions that I have been asked. I have touched on the question of encouraging the EHRC to work more proactively and to show leadership, and we can certainly discuss that when we meet in June. I will be happy to see the hon. Lady and members of the commission there. Of course, the EHRC will be invited, and I am hopeful that a very senior person will be able to attend. As I have said, it is for relevant groups, APPGs and concerned Members of the House to lobby and make the case to the EHRC’s board, which sets its work programme. My right hon. Friend the Member for Hazel Grove (Sir Andrew Stunell) will be pleased, because I am moving right off the type of script that he described. The EHRC may be able to provide assistance, and when we meet, we can discuss that further.

The hon. Member for North East Derbyshire mentioned the press code and asked whether the Department for Culture, Media and Sport could raise with the Press Complaints Commission the issue of discrimination. The standards code is a matter for press self-regulation, not for Government, but I hope that there will be an opportunity for organisations to put forward their views on any revisions to the standards in the code.

What the hon. Lady had to say about the possibilities for local authorities was very interesting. I am happy to raise such issues with Ministers from the Department for Communities and Local Government, but I can tell her now that it is already an offence to make or publish false statements about the personal character or conduct of other candidates; it is also an offence to publish or distribute threatening, abusive or insulting material that is intended to stir up racial hatred. Of course, it is for the returning officer to investigate any claims of electoral malpractice, and they would refer the matter to the police for further investigation if necessary.

The shadow Minister, the hon. Member for Washington and Sunderland West (Mrs Hodgson), asked a couple of times whether the EHRC could use the programme funding to help to fund the type of work we are discussing, if it felt that that was appropriate; my right hon. Friend the Member for Hazel Grove (Sir Andrew Stunell) also raised that issue. I can tell them both that programme funding bids can be made, provided they do not overlap with the work of other Government Departments or agencies. It is a matter for the EHRC to make that application, not for the Government to tell it to do so, and it must decide what work it considers appropriate and wants to do. The shadow Minister asked whether any such bid had been made thus far; to my knowledge, no bid has been made in relation to this particular type of work.

The shadow Minister asked about the current role and functioning of the EHRC. It certainly does want to promote understanding and good practice, and it has indicated that it will use its powers under section 8 of the Equality Act 2006 to enable it to do so with any interested parties. However, as the hon. Lady knows, the EHRC no longer has a specific good relations mandate, and the Equality Acts do not apply specifically to electoral conduct.

Budget cuts were raised, but I am not going to dwell on that because I do not want us to be distracted from such an important debate, which focuses on the very important problems of discrimination and racism. Nevertheless, I can confirm that the EHRC was not established to deal with electoral issues; it was set up to deal with equality and human rights issues.

The parliamentary inquiry on electoral conduct was thorough and detailed and made recommendations to a number of bodies, including the Electoral Commission, the police and political parties. Building its findings into current work and guidance and working with the right organisations is the best way to ensure that political life becomes a battle of ideas, not of race hate and discrimination. The inquiry raised very important issues relating to racism and discrimination in elections that must be dealt with. The means to tackle those problems are in place, but it is important that all concerned work towards combating racism and discrimination. I will of course play my part where I can.

[Mrs Anne Main (in the Chair)]

Order. I thank the Minister who is due to respond to the next debate for attending in such a timely fashion. He has agreed to the debate starting early, with the permission of the hon. Member who initiated the debate.