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

Hywel Francis Excerpts

Wednesday 22nd January 2014 Commons Chamber

[Mr Allen]

People out there do not have any such understanding, but I will go further and say that even some of the charities and voluntary sector organisations involved do not understand it. Indeed, I will go even closer to home and ask how many Members of Parliament understand how this process has actually worked over the past 24 hours. Do they understand how a Bill can be debated in the second Chamber and then pushed back here and given two working hours for consideration of the work that the other place has carried out at some length? That work, as well as the work of the commission that was set up by people who are annoyed about this process, and all the evidence taking have all gone by the board.

This process is holding the House in contempt, and that needs to be recognised not just by the people in the lobbying industry but by the more than 10,000 organisations under the umbrella of the National Council for Voluntary Organisations. Those organisations come from all parts of the political spectrum. I imagine that every Member in the Chamber is associated with a trust, charity or voluntary organisation that will feel the impact of the Bill. Those organisations have been treated in a way that we should not regard as acceptable.

[Dr Hywel Francis (Aberavon) (Lab)]

My hon. Friend has mentioned the NCVO. The sister organisation in Wales is the Wales Council for Voluntary Action, which has recently pointed out that while there could be two elections in England over a two-year span, Wales and Scotland could have three sets of elections in such a period owing to the devolution arrangements. Does my hon. Friend agree that the problem could therefore be much worse there?

[Mr Allen]

My hon. Friend is absolutely on the mark, as he normally is on these matters.

This situation is completely unacceptable. It makes the case very eloquently for the establishment of a House business Committee, but I am sorry to say that that proposal has been rejected by those on the Government Front Bench, even though it was in the coalition agreement to which the Conservatives and Liberal Democrats signed up. The Labour Opposition also signed up to the proposal, but it will not now be implemented. I cannot imagine any meeting of such a Committee, with parliamentary Back-Bench representation, that would not have identified this particular issue as an unacceptable way in which to treat the House. It would not veto the agenda for the next week, or anything ludicrous of that kind; it would raise such matters with the Leader of the House and the shadow Leader of the House in private and say that there must be a better way of considering this kind of legislation. The Wright Committee proposed the setting up of a House business Committee, and its absence reflects badly on those who promised to bring that forward within the first three years of this Government.

--- Later in debate ---

[Mr Allen]

My hon. Friend is a very eminent and distinguished member of the Select Committee, but he is a very cynical person if he believes that that is why the Government have done this. [Interruption.] No, we are talking about charities and I think we should be charitable in saying that it is not conspiracy but incompetence.

[Dr Hywel Francis (Aberavon) (Lab)]

Will my hon. Friend give way?

[Mr Allen]

I will, but for the last time because I know that colleagues want to speak.

[Dr Francis]

Does my hon. Friend agree that, in effect, part 2 restricts rather than regulates civil society?

[Mr Allen]

Very much so, unfortunately. That is why the amendments improve a Bill that needed and still needs a great deal of improvement. I was quoted as saying that it was a dog’s breakfast, and one hon. Member said that that was an insult to canine nutritionists. The Deputy Leader of the House said that the Bill has been transformed. Well, the dog’s breakfast might have been transformed from Winalot to Pedigree Chum, but it is probably not much better than that.

The issue is incredibly serious. There will now be an opportunity once every five years for charities, voluntary sector organisations and everyone else to participate in a general election, which is the lifeblood of our democracy, with its give and take and its challenge from all sorts of organisations from the League Against Cruel Sports to the Countryside Alliance. People are entitled to participate and we should facilitate their participation, but we are not doing so.

--- Later in debate ---

[Jim Shannon]

I thank the hon. Gentleman for his comment, and clearly those are issues that all charities have concerns about.

The amendment would also reduce the amount of red tape for charities simply seeking to help people who are unable to bear their own burdens. I have been contacted by charities—in Northern Ireland and across the UK—highlighting how some constituency boundaries split towns between two constituencies. For example, Ballynahinch is not only in my beautiful constituency, but in the constituency of South Down—the hon. Member for South Down (Ms Ritchie) is not here—which makes clear why the amendment is necessary. I hope, therefore, that the House, like me, will support it.

I also support the amendment that would allow charities that work together in coalition to campaign together. Our recent debate on rare diseases, such as Duchenne and Prader-Willi, in Westminster Hall brought together and gave a voice to many different charity and health bodies. It was clear that such charities were so small that it made more sense for them to campaign and fundraise together under the umbrella of rare diseases while still working for their individual illnesses. The current situation is working and should be allowed to continue working, and the amendment goes some way to allowing them to work together to the benefit of all member groups. It would also eliminate the unfair anomaly in existing law that means that a partner in a charity coalition campaign on one issue would be limited in its spending on other, totally unrelated issues by virtue of the continued spending by other charity coalition partners.

Mencap has said:

“However, we are still concerned about the potential of the Bill to curtail legitimate campaigning by voluntary and community organisations. On a practical level we are concerned that staffing costs are still to be included in regulated expenditure and the rules around separate organisations working on joint campaigns are still unclear. We are most concerned about the subjective way in which the Bill aims to determine the intentions of a campaigning activity. Charities are already bound by charity law which prohibits party political campaigning. However, this Bill applies to campaigning by organisations which might influence elections—whether they intended to or not.”

We need clarity on how that issue of intention to influence will be dealt with, but we have not had it from the Minister. I agree with the comments of the shadow Minister and of the charities and organisations concerned, and I support the Lords amendments.

[Dr Francis]

At the outset, I should say that I speak this afternoon as Chair of the Joint Committee on Human Rights, and draw the House’s attention to my entry in the Register of Members’ Financial Interests.

Many of these amendments relate to amendments suggested in the Committee’s report, and I wish to acknowledge that the Government have moved considerably in its direction, particularly in relation to raising the threshold for non-party organisations to register with the Electoral Commission; to raising the spending limits for Scotland, Wales and Northern Ireland; to reducing the regulatory period for the 2015 general election; and to introducing a review of non-party campaigning rules after the 2015 general election. Once again, we wish to place on the record our thanks to the Government for making those changes.

Let me move on to deal with some of the specific amendments. Given the concerns about the potential “chilling effect” of the Bill, it will be important for any post-election review of the non-party campaigning rules to include a careful examination of the impact of part 2 on campaigners’ rights to freedom of expression and association. Does the Minister envisage that such a review will specifically examine the practical effects of the Bill’s provisions on campaigners’ rights to freedom of expression and freedom of association?

It is worth noting some of the comments made in the second Chamber about the Government’s proposed post-election review of non-party campaigning rules after the 2015 general election. In withdrawing his amendment to exclude charities from the rules, Lord Phillips of Sudbury said that the review of the workings of this legislation in the wake of the 2015 election would be vital. In the discussion on the Government’s amendment to establish the post-election review, Lord Harries also stressed that this review would be essential.

In welcoming the Government amendment, let me nevertheless express once again unease at the fact that so much reliance is being placed on post-legislative scrutiny, particularly when there is an election in the intervening period, and repeat the concerns raised by the Joint Committee on Human Rights about the lack of consultation and pre-legislative scrutiny prior to the Bill’s publication.

Before concluding, let me draw attention, as other Members from across the Chamber have done, to the views and contribution of constituents. One of my constituents, Sylvia John of Briton Ferry, is one of many who wrote to urge me to support the Lords amendments, which I shall do later. Her words were echoed by Children in Wales, one of the most respected charitable organisations in Wales, whose chief executive, Catriona Williams said that the Bill remains “deeply problematic”.

[Wayne David]

My hon. Friend makes specific reference to Wales, and it is important to bear in mind that this Bill will impact not just on general elections, but on elections in the devolved areas of the United Kingdom, too.

[Dr Francis]

My hon. Friend makes a powerful point.

Finally, I thank my hon. Friend the Member for Nottingham North (Mr Allen) and his Select Committee for the tremendous work carried out right up to today, and particularly last night, to deliver the final report. We have had the benefit of being able to read it today. I also commend the work of the Commission on Civil Society and Democratic Engagement, under the wise chairmanship of Lord Harries of Pentregarth.

[Mark Durkan]

As a member of the Political and Constitutional Reform Committee, I shall speak in support of the amendments we tabled, which would further enhance some of the Lords amendments. I welcome the amendments made in the House of Lords and I want to acknowledge that the Government have listened to some concerns. In particular, the Deputy Leader of the House made a visit to Belfast and heard from a number of groups, large and small, about the range of concerns they had. He signalled some of the adjustments that needed to be made and followed through on some of them, but limitations remain on others. People were pleased to have that direct hearing, but they are not necessarily satisfied that the Bill’s current shape and scope allays all their concerns. They are particularly concerned about the Government’s attempt to overturn Lords amendments 26, 27 and 108. That is what is providing the residual apprehension or concern about how things will go.

Some amendments were tabled, on the Select Committee’s behalf, by our Chairman, the hon. Member for Nottingham North (Mr Allen). Some propose to take some of the Lords amendments further and to de-clutter by reducing the red tape and providing a more sensible application and interpretation of the Bill. That is what the amendments are about; they are not about creating any gaping loopholes for big money to surge in and influence election campaigns, or indeed other things.

The hon. Member for Stevenage (Stephen McPartland) said that he had had no word from any of the small charities and other small groups in his constituency. I have had word from a great many, not just in my constituency but well beyond. Moreover, I have heard from no one about big money being thwarted. This is a major worry for groups who want to be involved in positive campaigns—not to influence election outcomes, but, perhaps, to influence people’s input by encouraging them to participate in elections and think and ask about the issues that they entail. Usually, in the year before an election campaign they are encouraging parties to make manifesto commitments.