Voluntary and Charitable Sectors

Lord Finkelstein Excerpts

Thursday 26th June 2014 Lords Chamber

[Lord Finkelstein (Con)]

My Lords, I thank the noble Baroness, Lady Scott of Needham Market, for calling this debate and for her excellent opening speech. I associate myself with everything that has been said about the variety of charities and the wonderful work that they do.

I shall concentrate on a single point in what I hope will be a brief contribution. I want to issue an invitation in the interests of clarity and understanding. I preface this invitation with two points. First, I declare an interest as the chairman of the Policy Exchange think tank, my involvement with other charities as in the register of interests and my history of working with charities and as a patron and trustee of them. My experience has made me fully aware of the scope and limits of political activity under charity law.

Secondly, I recently interviewed the author Anne Applebaum about her excellent book The Iron Curtain, and she explained that in the first months after the Second World War the Soviet-backed communists allowed some political liberty but made sure to control the institutions of civil society. They recognised these bodies as the most important guarantors of freedom and the strongest challengers to the hegemony of the state. The lesson taught, of course, is that we must jealously protect the political rights of the voluntary sector, but it is also that it is disproportionate to respond to every discussion of the regulation of charities and voluntary sector campaigning as if it involved the imposition of east European-style dictatorship, as I fear is sometimes the case.

This brings me to my invitation. When I joined this House, a measure was being considered that limited the expenditure of voluntary bodies on election campaigns. This modest proposal brings all campaigners in line, at least to a limited extent, with the restrictions on candidates themselves. It prevents someone setting up the Schmonservative Association and spending whatever they want defeating a Labour MP. Instantly this was called a “gagging clause” even though broadly the same provision for a political party was called “a sensible limit on election spending”. The provision has continued to be referred to in this way. I wish to demonstrate my respect for the concerns of voluntary organisations by attempting to establish how much truth there actually is in the gagging allegation, which would certainly be serious if proven. Since lots of public affairs people associated with the voluntary and charitable sector will be watching this debate, I invite any of them and any other charity or voluntary body which believes it is gagged because of the new law to write to me. To be clear, I want them to do so if in this election year they have specifically been prevented from an action that they can carefully describe—I am looking for actual and not hypothetical examples—as being gagged. I wish to establish whether any such gagging ever takes place, whether indeed the action being prevented is against the law, which I believe it rarely will be, and whether those few against the law are simply reasonable spending limits or unreasonable limits on free speech. I look forward to hearing over the coming months—or possibly not hearing—and I will let noble Lords know the outcome.