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

Tom Harris Excerpts

Wednesday 9th October 2013 Commons Chamber

[Tom Brake]

I am aware of that, but I am equally aware that Karl Wilding, the NCVO’s director of public policy, said yesterday that it is partially happy about what the Government have done and that we have made some progress. [Interruption.] Yes, I accept that it is partially happy, but it is worth remembering that one of the NCVO’s other concerns, as highlighted in its letter, is the PPERA legislation, which goes back to 2000, under the previous Government. It may be pertinent to remind the Labour party what the then Home Secretary, the right hon. Member for Blackburn (Mr Straw), said:

“In terms of the day-to-day non-campaigning part of their activity, third parties will not be caught by the provision but, if they seek to influence an election, which is the expenditure in question, our proposed arrangements are reasonable.”—[Official Report, 10 January 2000; Vol. 342, c. 41.]

That is very much our view. We are in the same place.

I know that the hon. Member for Liverpool, West Derby (Stephen Twigg) is new to his position, but I am sure that he will have been told in his briefing that, in response to a request from one of my right hon. Friends, the Government undertook to ensure that we reverted to the definition applied in the Political Parties, Elections and Referendums Act 2000. That is precisely what we have done.

[Mr Tom Harris (Glasgow South) (Lab)]

If the statutory arrangements put in place by the previous Government in the 2000 Act were satisfactory, why does the Minister wish to change them now? Can he list even one example of behaviour by third parties that has led him to believe that new legislation is needed?

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[Tom Brake]

I will come to that. Others in the House will know from experience that campaigners make their views abundantly clear at election time, as they should.

In answer to the sedentary intervention from the hon. Member for Liverpool, West Derby, I should say that we are changing the controlled expenditure provisions because the Electoral Commission asked us to bring in line the controlled expenditure that applies to third- party organisations to that which applies to political parties. Do the Opposition believe that the current ability for an individual or group of organisations to spend a large amount in one parliamentary constituency is acceptable, or do they think that it should be controlled, as we do?

[Mr Harris]

The Minister made a good point in stating that the Royal British Legion would not want to be associated with any particular party or candidate. That charity is a good example of one that tries to generate consensus across the electorate.

May I ask the Minister about a different kind of campaign? The RSPCA has a well known objection to the badger cull. It is possible that, in the run-up to the 2015 election, it will run information campaigns opposing the cull. They would not be national campaigns, because they would focus on areas where the cull was happening. Such campaigns would not be for or against any particular party, but we all know what conclusion voters would draw. Would such a campaign be included in this legislation?

[Tom Brake]

The hon. Gentleman is inviting me to judge whether that campaign would fall foul of the rules without sufficient detail about what it might constitute. It is not my position to do that; it is for the Electoral Commission. If the RSPCA ran a campaign in a number of constituencies saying, “We are against the badger cull”, and subsequently a candidate announced that they were also against it, provided that the RSPCA did not say, “Candidate A is backing our campaign—vote for candidate A”, it would be able to proceed with campaigning. [Interruption.] Someone is saying that I am not able to give a detailed answer. In fact, I am sure that in the run-up to the 2005 and 2010 elections the Electoral Commission had discussions with a number of different organisations to clarify where the boundaries lie on these issues, and it is right for it to do so.

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Ministers propose that the Electoral Commission should police the conduct of charities during election periods. Like my hon. Friend the Member for Nottingham North, the Chair of the Select Committee, I attended the Electoral Commission’s briefing yesterday. I think it said that it had six staff to do the policing, but I shall take my hon. Friend’s figure of 12. If it has 12 members of staff and there are 650 constituencies, then each one is expected to monitor activity in more than 50 parliamentary constituencies. That can be neither feasible nor, in a healthy democracy, a desirable use of the Electoral Commission’s limited resources.

[Mr Tom Harris]

Each member of the EC having to monitor 50 constituencies is a breathtaking statistic. I hope my hon. Friend will also mention that that is not just for a four-week period, but for a year. In one year out of every five, those 12 people will have to do a job that cannot be done.

[Stephen Twigg]

My hon. Friend is absolutely right. My recollection is that it was not 12 people, but six, so they would actually have to monitor more than 100 constituencies each for a year.

A joint statement from the NCVO and the Association of Chief Executives of Voluntary Organisations states that the Government’s commitment to address the legitimate concerns of many charities remains welcome, but that the proposed amendments do not go far enough:

“Legal advice provided to NCVO indicates that the proposed amendments put forward by the government will mean that much campaigning activity by charities and other voluntary groups will still be covered by this excessively bureaucratic and burdensome regime.”

Sir Stephen Bubb—[Interruption.] There seems to be some dissent toward Sir Stephen on the Liberal Democrat Benches. Sir Stephen Bubb, chief executive of ACEVO, said:

“The government is clearly keen to show it is listening to civil society, but these amendments don’t prevent the Bill curbing freedom of speech around elections. The Bill greatly increases bureaucracy for civil society groups in the year before an election, by halving the spending thresholds above which organisations have to register with the Electoral Commission. It also drastically restricts civil society’s spending on public campaigns in election years. The public wants legislation that makes politics and corporate lobbying more transparent. Instead this Bill makes almost no change to lobbying rules while punishing civil society for a loss of trust in politics that is not its fault. Publishing these amendments today leaves 2 working days for civil society to consider them before they are debated in the Commons. This rushed timeframe is an object lesson in poor law-making, and will only necessitate further damage-limiting amendments after the next debates.”

I referred earlier to the important work of the Political and Constitutional Reform Committee, under the excellent chairmanship of my hon. Friend the Member for Nottingham North. Our view, which I have expressed, is that the Government amendments tabled today fail completely to meet Ministers’ promises in Committee. For that reason, we will support my hon. Friend’s amendment 101. We believe that the Government need to reconsider this whole issue and that the definition in their amendment needs to be tested widely and consulted on. Our view is that amendment 101 provides a better basis for reform than the dog’s breakfast put forward by the Government.

The Prime Minister used to talk about the big society and about how we could strengthen the role of the voluntary and charitable sector. In part 2, we have a direct assault on that sector and a sinister gag on legitimate democratic activity. It is a solution in search of a problem. Even at this late stage, I urge the Government to go back to the drawing board and work on a cross-party basis with the Select Committees and the voluntary sector. We believe that amendment 101 provides a basis on which to do that, and I urge Members on both sides of the House to support it.

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[Mr Harris]

The hon. Gentleman raises a point that I and my colleagues on the Labour Front Bench have also raised. If nothing has changed, why must we have these provisions in the Bill? Has he been told by Ministers why these provisions are in front of us, if everything is going so swimmingly?

[Stephen McPartland]

The hon. Gentleman might be surprised to know that my communication with Front Benchers is not as great as it should be. I voted against the badger cull, to which he referred earlier, so I would imagine that the Royal Society for the Prevention of Cruelty to Animals will not be running a campaign in my constituency.

I always vote on the Bill and the amendments placed in front of me, not on what happened 13 or 14 years ago, and I am happy with Government amendment 32. It demonstrates that Ministers listened in Committee and on Second Reading when we talked about charities’ concerns and their wish to understand better how the Bill would affect them.

I have listened carefully to the examples given, and I understand that there is nervousness, but I hate the word “gagging”, with which people have tried to scare the third sector almost into stopping their campaigning. [Hon. Members: “It’s the Government who are scaring them.”] I do not think the third sector is scared. I am proud of the more than 400 charities and local community groups in Stevenage, none of which have approached me independently to talk about their concerns.

Hon. Members have mentioned the concerns about the campaigns that large charities might wish to run, but I do not think that that will be an issue. One of the big points people are missing is that charities are not allowed to engage in political activity that could affect the outcome of an election at the moment.

A lot of the activity that has been referred to today would already be captured by the controlled expenditure regulations in PPERA. Additionally, those engaging in such activity could be referred to the Charity Commission and investigated to determine whether they should retain their charitable status. We need to explain that to the third sector, because this talk of gagging is causing great fear among the wider charitable sector. As I have said, none of the smaller local charities in my constituency has had a problem with the proposals, but some of the larger national ones are concerned. I understand that the National Council for Voluntary Organisations, which represents 10,500 charities, has a range of concerns.

I said in my speech on Second Reading that I would never be involved in a Bill that would lead to any loss of freedom of speech. A constituent spoke to me the other week about the Bill. He jokingly made a good point that an organisation that tried to gag the press might then complain of being gagged itself if the provisions were deemed to affect it as well. It seems to depend on one’s point of view. The amendment demonstrates that the Government have come our way, and I am pleased that they have listened.

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[Stephen McPartland]

Most charities campaign for improvement. I am the chairman of a large number of all-party parliamentary groups, and we meet various charities that campaign for improvements in respiratory health, for example. As the law stands, those charities can do that. The amendments demonstrate that that will continue to be the case. A problem would arise, however, if a charity were to say, “If you vote for this candidate, that would be best for our charitable purposes.”

[Mr Harris]

Perhaps the hon. Gentleman can answer a question that the Minister failed to answer. He has just talked about charities endorsing particular candidates. Which charities? Which candidates? Can he give me one example of that?

[Stephen McPartland]

I am afraid that I cannot give the hon. Gentleman such an example. I would love to do so, but that is not the point that I am trying to make. People have suggested that, if a candidate refused to sign up to a pledge with a certain charity, that charity could e-mail its members to tell them which candidates had signed up and which had not. Under the current law, any such candidate who felt that such activity would have an impact on the outcome of the election could complain to the Charity Commission, on the grounds that the charity had been seeking to secure the political benefit of one candidate over another. The current law would then determine whether such activity would fall under the rules on controlled expenditure. A lot of the examples that we have heard today would fall under those rules.

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[Jenny Chapman]

I am grateful to my hon. Friend for his intervention. His is a reasonable offer and I encourage the Government to take him up on it.

[Mr Tom Harris]

I spoke on Second Reading last month, since when the Leader of the House has tabled a large number of amendments to try to repair or improve what was a dreadful Bill, but my goodness it is not much better now.

The Deputy Leader of the House has spent this whole debate repeatedly reassuring the House and the country that charities have nothing to fear, that there will be no chilling effect and that they will not be gagged. How, then, does he explain the absolute fact that heads of charities are still extremely concerned and feel gagged and that there is a chilling effect? Whatever the reassurances being given by the Deputy Leader of the House and the Government, they are not getting through to the charities. He needs to embark on a major information campaign, because civil society is not convinced.

I am still waiting for examples of charities that have been promoting and endorsing candidates and parties. Only those examples would justify the Bill’s measures; otherwise there is no point in having it. In my experience and that of all Members, charities are extremely careful not to break the rules of their charitable status, including not endorsing individual candidates. I am not sure why this provision needs to be in the Bill, unless the Minister can identify and tell us which charities have misbehaved in the past.

Do charities have to endorse a specific candidate or party in order to fall foul of the Bill? If a charity or another third party campaigning organisation were to embark on a campaign that was clearly, though not explicitly, helpful or unhelpful to a particular party or candidate, would that be covered by the sanctions?

When I intervened on the Deputy Leader of the House earlier in the debate, he said that he could not comment on whether a campaign by the Royal Society for the Prevention of Cruelty to Animals exposing the evils of the badger cull would fall foul of the Bill, because he did not have enough information to offer an opinion and that the decision would be up to the Electoral Commission. That is not acceptable. It is not good enough to ask Members of this House to vote for a controversial Bill when the Deputy Leader of the House cannot even give an absolute guarantee about a hypothetical situation.

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[Mr Speaker]

Order. May I make the point that, I have noticed in my two spells chairing the debate, interventions have not decreased in length? If anything, they have tended to get longer. They need to be a little shorter.

[Mr Harris]

My hon. Friend is right to raise that concern. It occurs to me that, no matter how complicated a problem is, it will be a lot more complicated when we introduce talk of any of the devolved Administrations.

I want to offer one more important example that has been raised previously with the Minister. The National Union of Students might arrive in his constituency in the year running up to May 2015 with a leaflet saying, “Here is a photograph of your MP, Tom Brake, signing a pledge not to vote in any circumstances for increased tuition fees. This is what he said, and this is how he voted.” Will he confirm—yes or no—whether that campaign or that union would fall foul of the spending limits and the sanctions in the Bill? That is a reasonable question, and it is reasonable to ask the Minister to say, one way or another, whether that is the case.

At the last general election, I attended a number of hustings. At the very end of one that was organised by a church—a charitable organisation—it was announced that the candidates present would be asked to sign a public pledge and that a photograph of the candidates signing the pledge would be subsequently distributed to voters. The pledge was to campaign to allow asylum seekers to get work legally. I said, “No, I don’t believe in that policy,” and had to walk off the stage and allow the other candidates to have their photograph taken, which would have had an effect on the voting intentions of certain groups of people in my constituency. A charitable organisation was distributing information that had an effect on my election. Will the Minister say whether that, in his opinion, according to the legislation, will fall foul of the limits and sanctions in the Bill?

Those are important questions. If the Minister can answer them one way or the other, he would help a great deal in reassuring members of civic society and the heads of charities on whether their activities in the run-up to the next general election will, after all, be perfectly legal and not subject to sanctions.

[Tom Brake]

With the leave of the House, Mr Speaker, I should like to respond to a couple of points.

The hon. Member for Liverpool, West Derby (Stephen Twigg) said that we need to address party funding. I agree with him. The Government offered the Labour party an opportunity in the Bill to address trade union funding, which the leader of the Labour party wants to address. I regret that that offer was not taken up.

The hon. Gentleman referred extensively to legal advice —he said that that was not the entirety of his speech, although it did feel that way. One point he did make was that, because of the Bill, organisations must consult to see whether what they propose to do is acceptable. However, they must do exactly that under the Political Parties, Elections and Referendums Act 2000—there will be circumstances in which organisations will want to check whether what they do is within the rules. There is no change in that respect.

I was hoping to hear from the hon. Gentleman something about what the Opposition believe. We have heard that they support the measure in principle, but, contrary to what he has said, we did not hear whether they believe that the cap is appropriate or that there is a need for a constituency limit, or whether they support the extension of controlled expenditure to other items, which the Electoral Commission has asked us to do.

The hon. Gentleman went on to explain that he would support amendment 101. The Chairman of the Political and Constitutional Reform Committee said that although he wanted that amendment to be passed, he did not really want it to be in the Bill in practice. That was an unusual position to adopt.