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

Hywel Francis Excerpts

Tuesday 10th September 2013 Commons Chamber

[Nia Griffith]

Indeed, my hon. Friend makes a good point. Fear of legal action, doubt, not knowing and thinking that they could be involved in big legal costs are worrying those organisations and will effectively chill off any participation in a greater debate, which will be detrimental to our democracy in the long run. That is the key point about this part of the Bill. We would all like to see greater participation by people from all walks of life across the political spectrum.

[Dr Hywel Francis (Aberavon) (Lab)]

I thank my hon. Friend for allowing me to make this intervention and I apologise for not hearing the beginning of her speech. Does she agree that one of the side effects of the Bill is that it seriously undermines the devolution settlement? We have witnessed over the past 14 years the growth of democratic civil society in Scotland, Wales and Northern Ireland. Organisations that I am associated with, such as the Down’s Syndrome Association and Carers UK, greatly value the relationship that they have built up with the Welsh Government and the National Assembly for Wales.

[Nia Griffith]

Indeed. My hon. Friend makes a very good point. The worry is that the opportunity that those organisations have to feed into policy processes will be choked off. We have a good relationship, as my hon. Friend says, with many of those organisations, which contribute across the spectrum not only to the UK Government, the UK Parliament and some of our Select Committees, but to the devolved Administrations, and that will be choked off. People in our constituencies will become less engaged, as we heard.

--- Later in debate ---

[Dr Francis]

I apologise for not being here at the beginning of the debate. I have just come from the Joint Committee on Human Rights, which I chair. I congratulate the Political and Constitutional Reform Committee on the great work that it has done; my hon. Friend is a member and its Chair is in his place. My Committee was seriously critical of the Government’s refusal to allow any pre-legislative scrutiny. One of the points made was that this has been a terrible waste of human resources—Members and staff alike.

[Paul Flynn]

My hon. Friend is absolutely right.

We are engaged in a comedy, a Machiavellian game where the Government are saying, “We are going to put this right. We are taking things out of the Bill, but not until October.” In the meantime, we can ventilate here and grind the air with our words, but it is all to no avail because the Government have deliberately put the charities provision in part 2 in order to withdraw it at a later stage. They know about all the e-mails that are coming through. They know that all that indignation and anger will be ventilated here and we will ignore the main lacuna in the Bill regarding the big scandal identified by the Prime Minister that he said was certain to come. We remember his words: “Everyone knows what I’m talking about.”

This is about lobbying. We know how it works—the lunches, the hospitality, the quiet word in the ear, the ex-Ministers and ex-advisers for hire, helping big business to find the right way to get its way in the Conservative party. The Conservatives say, “We believe in competition, not crony capitalism.” Oh no they don’t. The crony capitalism endemic in the soul of the party is shown in the fact that those who have the deepest pockets can get the access and the influence. That is what is in the party and that is what it has failed to address. We have been taken in. All the attention on this Bill is focused on the attacks on lobbying by charities. Who has said that the main scandal in future will be the dreadful activities of the Royal British Legion, Save the Children and Oxfam? It is a non-issue that the Government have inserted in an attempt to distract us from the main problem with the Bill.

In the previous Parliament, I had the advantage of serving on the Committee that dealt with lobbying. Sadly, the report that we put out in 2005 was not acted on. In all the time since then, we have had terrible examples of the abuse of our Parliament and our system by lobbyists. When are we going to have a look at what happened with the previous Defence Secretary, who acquired absolution when he resigned from his job? We did not have an inquiry into the ministerial adviser who also resigned. We did not have any exposure of what Mr Adam Werritty was doing. What was he up to? Who employed him?

--- Later in debate ---

[Tom Brake]

I thank the Select Committee Chair for that further clarification of the Electoral Commission’s quote. What we are doing to bring these two measures of controlled expenditure in line is careful and considered. We may, if we have time, come to clause 27. I suspect that we may debate other aspects later.

[Dr Francis]

The Minister talks about careful consideration. Will he produce a human rights memorandum on the Bill and will he allow my Committee, the Joint Committee on Human Rights, to produce a report? We only began to deal with this report today and we hope to report sometime in October. Will he allow us the opportunity to present that report to the House and for him to consider it?

[Tom Brake]

On the human rights aspects, some Members have questioned whether the Bill is compliant. The Government’s assessment is that we consider all the spending limits in the Bill to be compatible with article 10 and have taken into account the amount that the third parties are permitted to spend under the reduced limits and the amount that they spend now. Clearly this has been given active consideration by the Government, as the hon. Gentleman would expect.

The main purpose of clause 26 is to align the activities that count as controlled expenditure for political parties and third parties. At present, the activities that count as controlled expenditure depend on whether we are referring to a political party or a third party. This means that spending by recognised third parties to assist a political party with the cost of an event would be captured as political party spending. However, if the recognised third party were independently to organise such an event itself—perhaps supporting that same party—such spending would not be caught. That highlights why we are trying to ensure that these two definitions—for third parties and for political parties—are brought into line.

We agree with the Electoral Commission that the current variation in what constitutes controlled expenditure for a political party and for a recognised third party is a potential gap in the regulation of spending in the UK elections, hence the intention behind clause 26. I believe that aligning the definition of controlled expenditure is a reasonable and sensible measure. However, to achieve this, the current definition of election materials needs to be revised. [Interruption.] I hope Members will let me finish what I am saying before trying to intervene. At present, recognised third parties incur controlled expenditure in connection with the production or publication of election material that is made available to the public. As a result, the Bill proposes to replace “election materials” with “for election purposes”; as we are aligning the activities with those of parties, we are also aligning the language of the test.

As we have said, the Government do not believe that we are significantly changing or widening the present test. Controlled expenditure would be incurred only where an organisation is promoting or procuring the electoral success of a party or candidate. However, I am conscious, as are the Government, of the concerns raised by right hon. and hon. Members that charities and voluntary organisations will be caught by the proposals in clause 26 and that the new language leaves room for ambiguity. This is not the Government’s intention.

--- Later in debate ---

[Mr Allen]

The simple answer to my hon. Friend’s question is no: the Committee has not had time to look at those matters, and neither has anyone else. The unfortunate fact of the way in which this process was rushed through—the Bill was presented the day before the House rose, and was given a Second Reading the day after it reconvened—did not allow for any of the sensible accountability that the House should expect.

My hon. Friend has, however, made an excellent point. Indeed, excellent points have been made from all sides throughout the debate. I think that we should value what Members can bring to bear on this process, and I think that if the Government care to listen—and they are starting to listen—we will end up with a much better Bill.

[Dr Francis]

rose—

[Mr Allen]

One issue on which the Government need to listen very carefully, so that they do not find themselves in the High Court or the Supreme Court, is the issue of human rights, to which I am sure my hon. Friend the Member for Aberavon (Dr Francis) is about to refer.

[Dr Francis]

Has my hon. Friend’s Committee given any consideration to the possibility that this is a hybrid Bill and if it passes—I hope it does not—it will be subject to legal challenge and judicial review because of the discriminatory way in which it deals with charities?

[Mr Allen]

Again, no, we have not had the time to do that. My Committee produced a very hurried response, which required its members to come back in the recess to take evidence. We ought now to take the time to have a proper look at such issues and get these provisions right. That is one of the reasons why I urge the Committee not to agree that clause 27 should stand part of the Bill.

We have done well today. A lot of people have been involved in helping the Government to see the truth. We have got them to it on clause 26, but on clause 27 we still have a great deal more work to do. I do not want to box the Government into a corner, but I think the best way to proceed is to decide that clause 27 should not stand part of the Bill so that there is then a period in which they can rewrite it and make it acceptable.