THERE is growing concern about the workings of the Transparency
of Lobbying, Non-Party Campaigning and Trade Union Administration
Bill, which has its Second Reading next Tuesday. This focuses on
the Bill's ill-thought-out second section, which covers third-party
lobbying during an election year. First, the point at which a
campaigning body must register drops from £10,000 to £5000. Second,
the amount that can be spent nationally is capped at £390,000,
instead of £988,000, as at present. Third, whatever is spent would
come out of the political parties' electoral budget, and would
therefore need their approval. And there are a number of niggling
things: the full cost of a joint campaign by several charities is
set against the tally of each of them; election years, including
for local government and the European Parliament, are frequent and
not always predictable; the new rules place costly and burdensome
administrative duties on the charities; and so on.
Objections have come from a range of charities, among them the
Countryside Alliance, Friends of the Earth, Tearfund, Oxfam, and
the Salvation Army. Last Friday, the Minister for Political and
Constitutional Reform, Chloë Smith MP, attempted to reassure
campaigners: "Charities will still be able to give support to
specific policies advocated by political parties if it would help
achieve their charitable purposes. The Bill does not regulate
attempts to engage with the policy of any political party, having a
view on any aspect of the policy of a party, or any attempt to
influence the policy of a party. Such activity would only be
captured if it was promoting the electoral success of, or enhancing
the standing of, political parties or candidates."
This seems clear enough, except that the wording of the Bill
allows for a much less generous interpretation. For example, it
states that campaigning that is deemed to enhance a candidate's or
a party's chances of success comes into the scope of the Bill "even
though it does not involve any express mention being made of the
name of any party or candidate". One can imagine instances of
campaigns that are subsequently adopted by one political party.
Indeed, this is often the object of a charity's campaigning. At
that point, the Electoral Commission, which is to police this
legislation, might well decide that the charity's campaigning was
promoting the party's electoral success.
The intention of the Bill is clear and laudable: to regulate
political campaigning by proxy. But at a time when all parties
lament the lack of political engagement by the electorate, the
consequences of this poorly drafted legislation might seriously
damage the democratic process by silencing people's voices.