Electoral Funding: Unincorporated Associations

Lord Austin of Dudley Excerpts

Wednesday 27th February 2019 Westminster Hall

[David Linden Glasgow, East (SNP)]

On a point of order, was there a question to the Minister in that last intervention, or was that also a diatribe?

[Ian Austin (in the Chair)]

As far as I can see, nothing disorderly has taken place so far. The Minister can respond to Mr Lord’s question, if she wishes.

[Chloe Smith]

Thank you, Mr Austin.

I will set out the rules surrounding the involvement of unincorporated associations in election funding, which will be helpful in responding to the debate. These associations are included in the list of permissible donors set out in section 54 of the Political Parties, Elections and Referendums Act 2000. The additional Political Parties and Elections Act 2009 introduced reporting rules for UAs that supported political activities; those rules are in schedule 19A of the 2000 Act.

Unincorporated associations must notify the Electoral Commission if the political contributions that they make over a calendar year are more than £25,000, whether that is through a single contribution or several. An unincorporated association must also notify the Electoral Commission of the reportable gifts that it received in the calendar year before it made the contribution, the calendar year of the contribution, and the calendar year following the contribution. That information is published by the Electoral Commission in its register of unincorporated associations and its register of recordable gifts to unincorporated associations. In this way, there is transparency as to who is providing the funds that are paid out by the associations.

--- Later in debate ---

[Colin Clark]

It is very good of the Minister to give way; it is unfortunate that the hon. Member for West Dunbartonshire (Martin Docherty-Hughes) would not. As the Minister was about to say, the Scottish Women’s Independence Fund Trust, an unincorporated association, has donated money to the SNP. On an associated subject, I would like to ask her opinion of another way of raising finance. The SNP have mentioned sewers; the former First Minister, Alex Salmond, raised £100,000 for a court case—and may have raised more money subsequently. We are talking about a different way of raising money, but does the Minister agree that perhaps Alex Salmond should give that £100,000 back? [Interruption.]

[Ian Austin (in the Chair)]

Order. I call the Minister to respond.

[Chloe Smith]

Thank you very much, Mr Austin. My hon. Friend reminded us that all parties ought to be above board and transparent about their donations. I can confirm that the Conservative party is above board and transparent, as I would expect it to be.

The Government believe that the rules governing permissible donors and the reporting rules for unincorporated associations are sufficiently comprehensive. The permissible donor rules capture the groups that operate in this area, and the relevant reporting rules provide appropriate transparency, but do not swamp these often small organisations in red tape, which is a consideration. The Government therefore have no plans to amend the law. The 2000 and 2009 Acts introduced greater transparency into this area. We welcome that, because it means that we are able to have this debate backed up by a record from the Electoral Commission of who has received what, allowing us all to be transparent.

I will address transparency in Northern Ireland before closing my remarks. The anonymity provisions there have an important historical provenance. They were introduced by the Labour Government in 2001 and were based on careful recommendations in the Committee on Standards in Public Life’s fifth report, published in 1998, which concluded that it would be unsafe to disclose the names of those who had made donations to the Northern Ireland parties, as it might result in their intimidation. The retrospective removal of anonymity could put individuals’ safety at risk. We understand the history of that rule. That is why the donations and loans regime for political parties in Northern Ireland was different from that in Great Britain, and that is a matter for the Secretary of State for Northern Ireland.

However, thanks to this Government, there is once again greater transparency around those donations and loans; the Electoral Commission publishes full details of all donations and loans to Northern Ireland parties from July 2017. That start date was set because it represented a consensus across the Northern Ireland parties, which is very important.

Finally, donations to the Conservative party are properly and transparently declared to the Electoral Commission. It is unhelpful when hon. Members make accusations that do not seem to fit with what senior members of their parties say. One might note what the hon. Member for Perth and North Perthshire (Pete Wishart) said on “Good Morning Scotland” in July 2018. Was there any evidence that the Conservative party had improperly received donations? “No. Absolutely not.” Let us have some consistency, and an understanding of what our elections rules exist to do and the way in which they provide transparency. That applies to unincorporated associations, as well as to the range of other organisations that are correctly mentioned in our electoral law. It is important that we have those rules.

I hope that I have set out why those rules exist, and how they provide transparency to the public. Through that transparency, some perhaps surprising points have arisen from the records. I hope that that is helpful to the House. I hope it allows us all to conduct politics in the respectful manner that we expect, and to display such respect to our constituents.

Motion lapsed (Standing Order No. 10(6)).