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

Stephen Doughty Excerpts

Tuesday 10th September 2013 Commons Chamber

[Wayne David]

My hon. Friend makes a very good point. Clause 26 and schedule 3 are absolutely central to the Bill because everything follows on from them. If the Government do not get this right and do not sort out what they are going to do here, everything that follows, frankly, does not make much sense.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

My hon. Friend is making an extremely strong case. Is it not exactly this lack of clarity, confusion and chaos that will act as a net dampening effect on the campaigning activities of charities? No matter what detail comes out during this debate, a lot of them will look at this Bill and wonder whether they can carry on campaigning as they have done in the past.

[Wayne David]

That is a fundamental concern. Due to the intricacies of the Bill and its convoluted nature, we suspect that many charities and campaigning organisations will say, “How on earth can we comply with this in all reasonableness? The best thing to do is not to do any campaigning at all.” That is our concern.

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[Mr Davis]

Let me pick up that point and develop it a little—we are principally talking about clause 26, but it also relates to later clauses, which will be dealt with later in the day. It is in this context that the comments from the Electoral Commission—the primary executing agency of this Bill—come into play. It uses the words “significant regulatory uncertainty”, saying that parts of the Bill are “impossible to enforce” and pointing out “significant issues of workability”. What are we doing? We are transforming a bureaucratic organisation, with the powers to make rules on policy campaigning, as well as to relax those rules, tighten the rules, amend them retrospectively and then apply them retrospectively to freedom of speech—something that is, by definition, oppressive. By definition, that will chill freedom of speech. This Parliament has created a bureaucracy without the ability to alter, change or amend the rules before—it was known as the Independent Parliamentary Standards Authority. What we are creating in this Bill is—if we want a precursor of how this will play out—an IPSA for elections.

Let me turn to new clause 4. When it comes to political campaigns—whether electoral campaigns or other campaigns—the world is changing. Twenty-five years ago, I think only 8% of the population did not feel an affinity to one or other party. That figure is now 25%. All the political parties are declining—there is no party point in this; we are all dying on the vine as organisations. It is the nature of society that people’s interest in something tends to be more piecemeal than it was 25 or 50 years ago. This Bill is trying to swim upstream. It is trying to defy the nature of modern politics and the fact that political decision making now is by web-based campaigners, web-based petitions or 38 Degrees.

I get as annoyed as everyone else when I get campaigners from 38 Degrees writing to me—they say that they sometimes get dusty replies—but as Voltaire would have put it, I may disagree with what they say, but I defend to the death their right to say it. What part 2 does—not intentionally, but by accident—is jeopardise that entire tradition of our country. This is the home of free speech and this Chamber is the original defender of free speech, so what are we doing making these changes by accident? That is why I am concerned.

[Stephen Doughty]

The right hon. Gentleman is making an extremely strong point. Does he agree that 38 Degrees is facilitating the ability of our constituents to make their voices heard? It is not campaigning itself, separately from society. The Bill would cut down the ability of our constituents to make their voices heard on many crucial issues.

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[Stephen Doughty]

How does the hon. Gentleman expect charities to arrive at the answers to the two questions that he posed earlier? Does he think that employing legal advisers and regulatory experts to deal with what is a very poorly drafted piece of legislation constitutes a good use of their charitable funds at a time when they are under so much pressure?

[Stephen McPartland]

The hon. Gentleman will be surprised to learn that I listened closely to his speech on Second Reading, and I am aware that he used to work for Oxfam. He will know better than I that many people in Oxfam engage in the activities that we are discussing. Indeed, he said in his speech that he talked to legal experts about the issue. Activities of that type of are taking place at present.

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[Stephen Doughty]

On Second Reading, the hon. Gentleman said:

“A lot of campaigning organisations, including the NCVO…receive a lot of money directly from the Government, and they are now spending that Government money lobbying the Government. That seems a terrible waste of public funds.”—[Official Report, 3 September 2013; Vol. 567, c. 236.]

First, that creates a somewhat misleading picture because obviously the majority of an organisation’s funds are not spent on lobbying the Government. Secondly, will he concede that he has a wider agenda on this?

[Jacob Rees-Mogg]

I am more than happy to say that this is the tip of the iceberg and that as the Titanic steams towards that iceberg, it is about to emerge to cut a swathe through its side. I firmly believe that it is absurd for the taxpayer to dish out money that is then spent paying lobbyists to lobby the Government. That is not why hard-pressed taxpayers pay income tax, VAT and other duties.

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[Jacob Rees-Mogg]

The hon. Lady is not entirely accurate. If she were to trouble herself to look at the NCVO accounts, she would see that the largest contribution of non-allocated money—£500,000—is from the Government. When the NCVO spends unrestricted money on campaigning, there is a very good chance that it is Government money, which seems improper. I am well aware of the distinction between restricted and non-restricted money. Unfortunately, many Government grants are not sufficiently restricted and therefore can be used to lobby the Government. The hon. Member for Bassetlaw (John Mann) challenged me on that—I am concerned about that too, but it is not the specific point I am making.

[Stephen Doughty]

Does the hon. Gentleman believe that charities in receipt of public money should be able to campaign outside election periods?

[Jacob Rees-Mogg]

Charities should be able to campaign for their fundamental beliefs, but lobbying the Government with the Government’s money—taxpayers’ money—is a suspect activity. We do not pay our taxes to allow bodies to oppose or support the Government.

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[Charlie Elphicke]

It has been argued that state funding weakens the independence of charities, making them less inclined to criticise Government policy. In fact, there is a sense that there is a deeper problem. There is a risk that Governments could fund or create pressures groups with the intention of seeking to create a sock puppet version of civil society by giving the illusion of grass-roots support for new legislation. That has become widespread and even has a special name: Astroturfing. We all know that grass-roots campaigns being set up and “Astroturfed” is increasingly an issue, so much so that it has become part of our dictionary.

[Stephen Doughty]

When constituents write to the hon. Gentleman on a number of different causes that have been mentioned in the debate, does he consider those individual pieces of correspondence to be an illusion if they are facilitated by a charity or a charity campaign? I certainly do not; they are the voices of my constituents.

[Charlie Elphicke]

I was sent spontaneous e-mails on the Bill by a number of constituents. I believe that a number of Members of the House received such spontaneous e-mails, which of course had not been written by anyone else whatsoever. In response to those e-mails, I set out my position on charities and my concerns about pay in the boardroom and the amount spent on administration. The shadow Minister said that she is certain that people will be listening to the debate and will e-mail me right away to criticise me for the position I have taken, but many of the considered and detailed replies I received from those constituents who had e-mailed me with the so-called spontaneous e-mails said, “Actually, we see where you are coming from on charities and agree with your concerns. We think that they are important and that it is legitimate to raise them.” Far from what the shadow Minister thought the reaction would be, I had considerable support from people who, as she knows, would not naturally be supportive of me, or indeed my election.

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[Stephen Doughty]

I am astonished at the hon. Gentleman’s comments. Charities are restricted to act within their charitable objectives and that is enforceable by law. Indeed, some have been questioned in the past and if they are found guilty they will receive their dues. A lot of charities are being chilled by what the Government are saying, but they will be put in the deep freeze by his comments, which reveal the true purpose of a number of Members.

[Charlie Elphicke]

I cannot agree with the hon. Gentleman. He says that charities are restricted from political campaigning. If that were the case, they would not mind or object to this Bill. The issue is the direct engagement of some charities in political campaigning. My concern, which I have raised time and again, is that there should be a much greater focus on ensuring that charities target help on the front line and walk the walk rather than talk the talk.