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

Wayne David Excerpts

Wednesday 22nd January 2014 Commons Chamber

[Lisa Nandy (Wigan) (Lab)]

The Opposition share the astonishment of charities, lobbyists, campaigners and members of the public at the way in which the Bill has been handled. Until this morning, we had been led to understand that the Government were intent on reversing the progress that had been made in the other place. This morning, when the list of amendments was published, we thought that they had conceded on special advisers. In fact, they appeared to have got themselves into a position where they were disagreeing with themselves. After listening to the Deputy Leader of the House for 47 minutes of the two hours that we have been given to debate this important part of the Bill, I, like the Chair of the Select Committee, am none the wiser as to what the Government propose. From the interventions of Members on both sides of the House, it appears that the Minister himself is not entirely sure what he is proposing either.

It is important that we understand how we arrived at this state of extreme confusion. Clause 2—indeed part 1 of the Bill—was drawn so narrowly that none of the lobbying scandals that gave rise to the Bill would have been caught by it. The Bill was massacred in the other place, and rightly so. The decision to include special advisers was made by a decent margin, and prompted 30 Liberal Democrat peers to vote against their own Government. There have been three defeats in the other place on fundamental aspects of the Bill, and it is important that Ministers and the House ask why. This is a lesson in how not to introduce legislation. There was a lack of pre-legislative scrutiny, and no expert witnesses were allowed to be called. After three years of silence on this issue, proposals landed out of the blue just two days before the summer recess. We had a two-paragraph response from the Government to a well-considered Select Committee report. We had the spectacle of a Government refusing the request from across civil society to pause the Bill for long enough to make what was branded “a dog’s breakfast” by the Chair of an influential Select Committee into a workable and effective piece of legislation. The speed is frankly ridiculous.

The Government were still suffering defeat in the other place yesterday evening. In its report written last night and published this morning, the Select Committee said:

“The timetable that the Government has imposed for this Bill indicates a contempt for Parliament and a lack of belief in…parliamentary scrutiny.”

Baroness Williams said that the gap between the Bill leaving the other place and arriving here was “frankly ludicrous”. Of the two hours that we have to debate this important part of the Bill, the Minister took 47 minutes, and we are none the wiser. Like hundreds of constituents who have e-mailed me over recent weeks, I have reached the conclusion that this is a Government who have very little commitment to democracy and are not willing to be challenged.

[Wayne David (Caerphilly) (Lab)]

Why does my hon. Friend think that the Government are so determined to push this through at this ridiculous pace?

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[Caroline Lucas]

I know how much pressure there is on time, so I will make two short points.

First, I pay tribute to the Chair of the Political and Constitutional Reform Committee and the members of that Committee for all the hard work that they have done under incredibly difficult circumstances. In spite of the odds, they have provided Members with good information for this debate.

Secondly, the Government must be in a parallel universe if they genuinely think that the reassurances that they have pretended to give today will provide any comfort to people in this institution and, more important, those outside this institution. It is deeply insulting to our intelligence to say, “Well, a Minister might be able to change the meaning of this clause some time in the future,” and think that we will all go home thinking that that is fine.

That matters not just because of the importance of the Bill, but because what is happening here today is being watched by people all around the country. People are very dismayed about what a shambles this process is. It undermines our credibility as an institution if we cannot organise ourselves better to do justice to the arguments that have been debated in public meetings up and down the country. I have had more contact and received more letters on this issue than on anything else, other than the reorganisation of the NHS. People care about it deeply. It shows how out of touch the Government are that they think that they can rush the Bill through and get plaudits from people outside for the few amendments that they have introduced at the last moment, which do not go anywhere near far enough.

No matter how many times the Government repeat that there has been consultation or that there is transparency, I am reminded of Humpty Dumpty in “Through the Looking-Glass”, when he says that words mean whatever he wants them to mean. That is what is happening here. The Government are in a parallel universe. They are deeply out of touch with ordinary people. If more Government Members had listened to the public, they would know that they cannot get away with this.

[Wayne David]

Does the hon. Lady share my suspicion that perhaps the main reason the Government are rushing this legislation through is that they want to curtail proper debate and scrutiny of their policies immediately before the election?

[Caroline Lucas]

I think that the hon. Gentleman is absolutely right. If we had more time, we could speculate further on the motivation for this very sinister Bill. I agree with the motivation that he ascribes to it.

Finally, the Government came to office saying that they would champion the big society, so it has been deeply disillusioning for everybody to see how they have muzzled it at every turn. I hope that people will remember that when they vote in the election in 18 months’ time.

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[Mr Lansley]

I have listened very carefully to what has been said to me. I think that campaigning organisations often object to constituency limits because they erroneously assume that when they are undertaking a national activity there will be disaggregation to individual constituency limits, because of, as it were, the coincidence of where that activity takes place. It will form part of a constituency activity in circumstances in which there is a significant effect in that constituency; otherwise, it will form part of a national activity. [Interruption.] The guidance will make clear that a constituency limit will apply when there is a significant effect in a specific geographical area or individual constituency, but that when the activity concerned forms part of a national activity, national limits will apply.

We need constituency limits. I do not know whether the hon. Lady is proposing that we should not have them, but when we sent the Bill to the House of Lords, a clear decision made by Members of the House of Commons expressed their belief that it was right to have them. Without them, the national limit could all be spent in individual constituencies: it could be targeted on a small number of constituencies in a way that would completely distort elections that are meant to be between political parties. That is the basis on which the Bill is structured.

[Wayne David]

Will the right hon. Gentleman give way?

[Mr Lansley]

No. I need to make progress now.

Amendment (a) to Lords amendment 20, tabled by the hon. Member for Nottingham North (Mr Allen), would return the spending limits to a higher level than that for which the Bill provides—effectively, to the current level in the Political Parties, Elections and Referendums Act. It proposes a spending limit of £793,000 for England, £108,000 for Scotland and £60,000 for Wales. The limit for Northern Ireland, as provided for in the Bill, would continue to be £30,800.

During our debate on the last group of amendments, the hon. Gentleman spent half an hour lecturing us about the procedures of the House. He is the Chair of a Select Committee that, on Report, proposed amendment 102, which would have deleted clause 27 and left the spending limits as they were in PPERA. He argued for that, and the House rejected it by a majority of 51. Now he has presented a report to the House—from a Select Committee of the House—which completely ignores the House’s decision. The House has a view on this matter, but the Committee has ignored that view. The hon. Gentleman is simply re-presenting the same argument to the House, ignoring—on behalf of his Select Committee—the fact that the House has already rejected it. If the Select Committee does nothing else, it should take account of the view of the House before submitting a report to the House.

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[Wayne David]

Does my hon. Friend agree that the Government’s proposal amounts to a tacit acceptance that there are fundamental defects in what has been proposed? Would it not be far more sensible if they were honest and straight and recognise that and delayed the whole process?

[Stephen Twigg]

Absolutely, but I will not be tempted too far down that path, because I must address the Lords amendments that are before us today. My hon. Friend, who led for us on this part of the Bill along with my hon. Friend the Member for Penistone and Stocksbridge (Angela Smith), makes a powerful point.

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[Stephen McPartland (Stevenage) (Con)]

It is a real privilege to contribute to this debate. I have contributed to all the debates on the Bill so far. I am quite optimistic about the Bill’s purposes, but today I want to confine my remarks to Lords amendments 108, 26 and 27. The Government reject amendments 26 and 27 because they are keen to take the big money out of politics and to ensure that local charities and organisations can be involved in campaigning. One of the things that has crept into every stage of debate on the Bill is that it is a gagging Bill. It is frightening good people in communities throughout the country.

[Wayne David]

If the hon. Gentleman wants to take the big money out of politics, is he in favour of putting curbs on the expenditure of political parties, particularly the Conservative party?

[Stephen McPartland]

The hon. Gentleman makes a very political point and I want to confine my remarks to the amendments.

Earlier, we heard an exchange between the shadow Leader of the House and the Leader of the House regarding Unison and small local charities. The reality is that we need to stop the trend of large third party organisations—in the United States, they are called super PACs, or political action committees—attacking a small number of 90 to 100 constituencies that determine who wins the general election and will form the next Government. That is something that all hon. Members should be in favour of.

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[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.