Xinjiang Internment Camps: Shoot-to-Kill Policy

Fleur Anderson Excerpts

Tuesday 24th May 2022 Commons Chamber

[Fleur Anderson (Putney) (Lab)]

I do not weep very often, but I wept when I heard from a Uyghur survivor about the forced abortion policy and its impact on her. It was horrendous evidence to hear.

The Chinese Government are simply not being held to account. There is no justice and no end in sight, despite all the measures that are being outlined. If this looks like a genocide, it is a genocide. If there is evidence that it is a genocide, it is a genocide. If the Uyghur tribunal chaired by Sir Geoffrey Nice QC has found that there is a genocide in which

“Hundreds of thousands of Uyghurs…have been…subjected to acts of unconscionable cruelty, depravity and inhumanity”,

it is a genocide. What steps will the Minister take towards declaring it a genocide? What practical measures will she be taking now? When will it be declared?

[Amanda Milling]

I understand the strength of feeling in the House today, but as hon. Members are aware, the long-standing policy of successive British Governments is that any judgment about genocide is a matter for a competent national or international court.

Northern Ireland Protocol

Fleur Anderson Excerpts

Tuesday 17th May 2022 Commons Chamber

[Elizabeth Truss]

I assure my right hon. and learned Friend that that is absolutely what I want to do. I spoke to Commissioner Šefčovič last night, and I want to see a meeting of the Joint Committee immediately to discuss this issue. But, to fix the very real issues and change the situation on the ground in Northern Ireland, particularly on areas such as customs and tax where points are baked into the protocol, we need changes to the protocol. I have had numerous discussions with Maroš Šefčovič about that, but, as yet, there is not agreement for his mandate for change to include changes to the protocol. That is the fundamental issue that we are facing, but I am very, very willing to have those discussions. I will see the Irish Foreign Minister, Simon Coveney, later this week for further discussions. We are very open to resolving the issues between the UK and the EU, but we do need real acknowledgment of what is happening on the ground in Northern Ireland and of the fact that the protocol needs to change.

[Fleur Anderson (Putney) (Lab)]

So much for getting Brexit done and so much for oven-ready. What is the cost of the proposed actions? The Treasury has drawn up economic impact assessments for this course of action. When will the Government release them for the House to see?

[Elizabeth Truss]

The solution that we are putting forward will actually save costs by reducing the bureaucracy that traders currently face when shipping goods into Northern Ireland. So our overall proposal benefits traders into Northern Ireland and the people of Northern Ireland; it does not make the EU any worse off, and it helps to protect the single market.

Rape as a Weapon of War in Ukraine

Fleur Anderson Excerpts

Thursday 31st March 2022 Commons Chamber

[Vicky Ford]

The hon. Gentleman is absolutely right to say that conflict-related sexual violence is truly hideous. In 2020, a report from the UN Secretary-General found conflict-related sexual violence in 18 different countries. I will need to come back to the hon. Gentleman on the specific question on mental health support, but I point him to the fact that on 4 March, the Metropolitan police operationalised its war crimes division. That is significant because one important way to help women is to let them know how they can come and tell their stories in order to be able to hold people to account. From the accounts that I have heard from women, knowing that they are doing their bit to prevent this from happening to others in the future can itself be part of the mental healing process.

[Fleur Anderson (Putney) (Lab)]

Thank you, Mr Speaker, for granting this urgent question, and I also thank the hon. Member for Totnes (Anthony Mangnall) for asking it and giving the House the opportunity to expose and denounce rape as a weapon of war. It must not be normalised and, as the Minister has said, perpetrators must be brought to justice. Will the Minister confirm whether there have been discussions about the UK introducing atrocity prevention strategies to FCDO country offices to give early warning and training and to stop atrocities such as sexual violence in this and other conflicts?

[Vicky Ford]

As the hon. Member knows, because she came to meet me, a huge amount of work goes on with our conflict prevention strategy not only in Ukraine but around the world. Right now, we are focusing on supporting the people of Ukraine. It is incredibly important that Putin stops this war and stops the violence. Our priority at the moment is to help to reduce the impact of that conflict on those people. The hon. Member is right to say that we work across the world to try to reduce conflict. Indeed, I was in Nigeria recently, which is one of the most challenging countries from the point of view of attacks on civilians, even though it is not what we would describe as a warzone. The work we are doing there to try to reduce conflict is absolutely part of our approach, and it has to be done in the right way for a particular place.

Countering Russian Aggression and Tackling Illicit Finance

Fleur Anderson Excerpts

Wednesday 23rd February 2022 Commons Chamber

[Fleur Anderson (Putney) (Lab)]

I am honoured to be called in this important debate and agree with all the concerns of the shadow Foreign Secretary, my right hon. Friend the Member for Tottenham (Mr Lammy), about Russian aggression and the illicit finance sustaining the Putin regime that is responsible for the aggression. That aggression threatens not just the Ukrainian people—I met a Ukrainian constituent of mine this morning and share her deep concern and love of her country—but the wider region and regions across the world. For example, in Bosnia, and in Republika Srpska in particular, ongoing Russian interference is threatening peace. Putin’s dirty money coming through London is a big part of that, and it is right that we have time to discuss it in this place and urge the Government to do so much more. President Roosevelt said that the key to diplomacy is to

“speak softly and carry a big stick”,

but the Government are doing totally the opposite: they are talking tough and acting very soft.

In Putney, when we look around the big developments by the river, we see dark windows. We wonder who owns those houses, why they are they not living in them and why they are putting up prices for us in London. Of course, illicit money thrives on secrecy and darkness, and that is what we see here.

What would Labour do were we in government now? We would do so much more. First, the Elections Bill is being debated in the House of Lords tomorrow, so there is time to look again at Labour’s new clause 2, which would have cut the connection between the increased number of overseas voters that we will have and the open door for donations that will be allowed to flood through with the increased allowance. Why do we not simply cut that connection? I hope that the Minister will address that. I urge him to bring new clause 2 back in the Lords tomorrow.

Labour would also implement all the recommendations of the Russia report. We would push for Russia to be excluded from financial mechanisms such as SWIFT and ban trading on Russian sovereign debt. We would tackle Putin’s campaign of misinformation. We would work with our European allies to ensure that the Nord Stream 2 pipeline is cancelled. We would take steps to ensure a robust and transparent register of beneficial owners of overseas entities. We would urgently reform Companies House. We would bring in the economic crime Bill that has been promised for six years. We would fix unexplained wealth orders. We would also not leave the sanctions at just three oligarchs and five banks, which shows that we have one weak and out-of-touch Government. By contrast, the EU has announced sanctions for the 351 Duma members and, in the US, Biden has already announced sanctions on the country’s sovereign debt. Our allies are going further than us. To say that we have to go in step with them is just an excuse; actually, we are not in step. I hope that the Minister will say something about that.

It is time to bring an end to the Tory party donations from Russian oligarchs that are linked to all this slow action by the Government—surely there is a link. If there is no such link, the Government should do far more, show us that and put the security of the Ukrainian people and the British people before those who pollute our financial system and wish us harm.

FCDO Staffing

Fleur Anderson Excerpts

Thursday 16th December 2021 Commons Chamber

[James Cleverly]

I remind the hon. Gentleman and the House that we have gone through an unprecedented financial contraction because of covid. The British Council, which derives a significant proportion of its income from tuition, has been hit because of the difficulty in providing tuition in the era of covid, but it has done genuinely fantastic work using technology to continue to provide those services. The Foreign Secretary and I recently had a meeting with the senior leadership of the British Council to discuss what we could do to protect the things that we value highly in terms of its delivery of soft power, to ensure that it not only survives but thrives, once we are able to get past this covid situation.

[Fleur Anderson (Putney) (Lab)]

I congratulate the hon. Member for Tonbridge and Malling (Tom Tugendhat) on securing this urgent question. I am not reassured at all by the Minister’s statement. I have seen the email to the FCDO staff. It says, “We are planning on the basis of just under 10% reduction in our overall workforce size by March 2025”. So is that actually a 9.9% reduction, or something else slightly different from 10%? The Minister was careful to say that there would be no 10% reduction, but will it be a figure that is close to 10%, but not 10%? The aid cuts are a disgrace, and it is easy to spend that money on big multilateral programmes, on the World Bank and on the United Nations, but not on those local projects on the ground that the former DFID staff are so good at supporting and that result in real poverty reduction and real peace building on the ground. Can the Minister reassure the House that the cut will not be anywhere near 10%, and that local staff who know the projects on the ground and who can really effect poverty reduction will not be cut?

[James Cleverly]

I remind the hon. Lady and the House that there is a difference between the figure that is used internally by officials for planning purposes and decisions that are made by Ministers. The decision around these issues will be made by Ministers. The Prime Minister, the Foreign Secretary and I have made it clear that that figure is not a ministerial figure. With regard to the balance between multilateral and bilateral, the hon. Lady makes an important point. We very much value the work that is done bilaterally in the sometimes small but incredibly highly effective projects that are delivered by the British Government underneath the British flag to some of the most poor and dispossessed people in the world, and that will remain a priority for this Government.

Bosnia and Herzegovina: Stability and Peace

Fleur Anderson Excerpts

Thursday 2nd December 2021 Commons Chamber

[Fleur Anderson (Putney) (Lab)]

I thank the hon. Members for Rutland and Melton (Alicia Kearns) and for Glasgow South (Stewart Malcolm McDonald) and my hon. Friend the Member for Rotherham (Sarah Champion) for securing this important debate, which is very close to my heart. We have had an excellent debate this afternoon. The House should be united on this issue, and I think it is. This debate has shown our close links with Bosnia and Herzegovina and, without a doubt, it has shown the urgent need for action. I am delighted to have seen the Minister in her place throughout the debate, listening carefully.

I declare my interest as co-chair of the all-party parliamentary group on prevention of genocide and crimes against humanity and vice-chair of the all-party parliamentary group on Bosnia and Herzegovina. I was a humanitarian aid worker during the war, living in Serbia and Bosnia, and four years later I returned with my small family to head Christian Aid’s Bosnia office, rebuilding villages in north-west Bosnia and supporting the return of refugees.

I saw how a country that seemed to be peaceful and communities that seemed to be ethnically diverse and happily co-existent could slide into conflict, and I saw how devastating that is for everyone. I lived in communities and spoke to the relatives of elderly people who fled with an hour or two’s notice and never returned to their home. They died, devastated, in another part of the country. I spoke to people whose education and dreams for the future were shattered, whose families were separated and whose husbands were killed. The country suffers that deep trauma still.

I will never forget standing in a village with some returning refugees when my translator froze in terror as he recognised the voice of someone who had been a sniper, firing into the town night after night, during the siege of Bihać. Despite those deep traumas and differences, I pay tribute to everyone in Bosnia who has worked hard to rebuild their beautiful country and who looked atrocities and killing in the face and did not let it define their community forever—to everyone who has consistently chosen peace over hate for many years.

This month is the 26th anniversary of the Dayton agreement, to which the UK is a signatory. We need to reassert our support for the agreement and for the integrity of the national borders of Bosnia and Herzegovina. The trigger for the current crisis has been genocide denial. We stand together to condemn that genocide denial and the rise of divisive identity-based politics. The UK and international response to the increasingly divisive politics of the leader of Republika Srpska, Milorad Dodik, has been quiet for too long, but I sense a turning of that tide, and I hope this debate will hasten it.

We must learn from what happened in the 1990s and in Srebrenica. When we say “never again,” we must mean it. A return to violence in Bosnia is not inevitable, and I will focus on two things. First, civil society has an important role. We have talked about troops on the ground, which I hope not to see. If we work well with civil society now, we can stop it.

We have learned lessons about peacebuilding in Northern Ireland, and that peace was built not just through diplomatic agreements or military action but through community groups, brave individuals, women’s groups, teachers and young people. It was supported by other countries, too. For example, a stream of parliamentarians from South Africa repeatedly went to Northern Ireland and lent influential encouragement and expertise during the peace process. Let us learn from that.

[Sir Bernard Jenkin]

I emphasise the hon. Lady’s point about the role of women and the empowerment of women in conflict prevention, which has also been raised by my hon. Friends the Members for Rutland and Melton (Alicia Kearns) and for Meon Valley (Mrs Drummond). The women’s peace movement in Northern Ireland was instrumental in helping to end that conflict, and men should be supporting women’s peace movements.

[Fleur Anderson]

I absolutely agree. There are voices of peace, especially women’s voices, within Republika Srpska, but it is not easy to work with them. Earlier we heard from the High Representative that it is difficult to be in civil society, to be those voices and to be those women who speak out. We need to seek out those groups and find where they are. I have been asking about this for quite a long time, and I do not know the groups with which we should be working. We in the UK face a challenge in what we can do not only to prevent genocide and conflict now—that is clearly value for money—but to build a lasting peace for the future. That has to be done in conjunction with civil society.

Secondly, we need an atrocity prevention strategy. The United States has one. The Elie Wiesel Genocide and Atrocity Prevention Act 2018 commits the US Government to pursuing a Government-wide strategy to identify, prevent and respond to atrocity risk. We need that across all the countries in which we work, but we need it in Bosnia right now. Such a strategy would include improved communication between desk officers and London and proper training on spotting the signs early and on what to do, and it would put in place a better early warning system to spot the signs of genocide. According to the UN framework, we can see 21 of 80 warning signs right now. What is happening in other countries? Do we spot them? Are we ready? Without a genocide prevention strategy across all our work, we will not be ready in Bosnia or elsewhere.

Finally, what can the UK do now? I echo many earlier points. I welcome today’s announcement of a special envoy to the Balkans. Will the Minister join me in condemning genocide denial and remembering the 8,000 people who died in the Srebrenica genocide? Will she work with the US, NATO and the EU to impose sanctions on countries that undermine the Dayton peace agreement and to assert the territorial integrity of Bosnia and Herzegovina? Will she provide unequivocal support for the UN High Representative, Christian Schmidt? And will she look into the peacebuilding and civil society support we need to give to groups, communities and individuals in Republika Srpska now?

A co-ordinated, coherent and well-implemented atrocity prevention strategy can save countless lives, stop the need for military intervention and complement diplomatic support.

[Bob Stewart]

I speak as someone who was very close to an atrocity. I love the idea of an atrocity prevention strategy but, when it happened within three miles of my camp, I knew nothing about it until it happened. There were no indications whatever. It went bang and 100 people were dead.

[Fleur Anderson]

Atrocities and crimes against humanity happen in different ways in different countries, but the experience from many other countries and other conflicts around the world shows—not always but in many cases—that there are indicators that can be spotted and acted upon before there are military personnel on the ground.

I take the right hon. Gentleman’s comments, and I understand there is some scepticism among Conservative Members about an atrocity prevention strategy, but I urge them to look to the experience of its implementation in America and in many African countries. A co-ordinated atrocity prevention strategy can stop history repeating itself. It needs to start with Bosnia, and it needs to start today.

Oral Answers to Questions

Fleur Anderson Excerpts

Tuesday 30th November 2021 Commons Chamber

[Amanda Milling]

Officials are in regular contact with host Governments in order to understand their requirements and update FCDO travel advice, so travellers should always consult that advice for the latest covid-19 restrictions. Covid certification is a devolved competency; Welsh residents can use the NHS covid pass to evidence their vaccine status but cannot use it to evidence proof of recovery.

[Fleur Anderson (Putney) (Lab)]

On genocide, when we say, “Never again”, we must mean it. Will the Minister commit to introducing an atrocity-prevention strategy for every country—the countries-at-risk-of-instability process just does not go far enough—and specifically to support civil society peacebuilding in Republika Srpska to prevent future conflict and atrocities in Bosnia?

Ethiopia, Sudan and Tigray: Humanitarian Situation

Fleur Anderson Excerpts

Wednesday 3rd November 2021 Westminster Hall

[Fleur Anderson (Putney) (Lab)]

It is a pleasure to serve under your chairship, Ms Bardell, and to follow the hon. Member for Glasgow North (Patrick Grady). I am very grateful to my right hon. Friend the Member for Islington North (Jeremy Corbyn) for securing this debate. It was only a couple of months ago that we last talked about this region and it is timely to talk about it again. Every day the news is getting worse, and the situation is extremely worrying. We need to give as much airtime as possible to what is happening in the region, because it is truly shocking.

I agree with the hon. Member for Glasgow North that Ethiopia is a beautiful country. I have been to Addis Ababa and enjoyed great hospitality there. While it is already a beautiful country, it also has potential. We want it to have a better future—that is our hope for the people of Ethiopia, Tigray and Sudan.

I speak as a member of the all-party parliamentary groups on Ethiopia and Djibouti and on Sudan and South Sudan, and I am also chair of the APPG on the prevention of genocide and crimes against humanity. I am delighted that there have been two advertisements for our meeting tomorrow, at which Alice Wairimu Nderitu, the UN special adviser on the prevention of genocide, will speak. What she will have to say will be very pertinent to the current situation.

The eyes of the world are not on Ethiopia, Tigray and Sudan, but they should be. It is an important time to put on the record what is happening right now, and to hear from the Minister what the Government are doing about it. I welcome her to her new role and look forward to hearing about the meetings she has been holding and what has resulted from them; what visits she has planned to the region and what she hopes to get out of them; and her plans for aid. We have been talking about aid cuts and the false economy they create. There are different decisions to be made about aid to the region.

As a country, we were so proud at the time of Live Aid to stand up together to support the people of Ethiopia in their time of crisis. We want to do the same again. We want to know what is happening in the region, with which we have a great bond. Like other Members, I have constituents with family members in the region. On Monday I spoke to a Tigrayan constituent who is very concerned about her family. She has not been able to hear any news for so long because of the blackout, which must be very worrying. As we stand here today, we know that many people in this country are concerned about their relatives in the region.

The UN Secretary-General has said of Tigray:

“A humanitarian catastrophe is unfolding before our eyes.”

It could be argued that the previous Foreign Secretary took his eye off Afghanistan, but I hope to hear from the Minister today that that is not the case with Tigray. More than 5 million people in Tigray require immediate humanitarian assistance. At least 54 organisations are providing aid and services. I join other Members in paying tribute to the brave humanitarian workers on the ground right now, in very difficult circumstances, at great risk to themselves.

However, there are significant gaps in assistance, which disproportionately affect Ethiopian women and girls. I echo what we have heard in today’s debate: it is women and girls who are disproportionately the victims of war. Rape is being used as a weapon of war and we need to know more about that. They have virtually no access to livelihoods, often living in insecure environments.

We are also witnessing a refugee crisis because of the violence. In December 2020, the United Nations High Commissioner for Refugees reported that 46,000 Ethiopian refugees had arrived in Sudan since the start of November and they were continuing to arrive in their hundreds. It is hard to imagine what that is like. If we could see it more clearly, if we knew more about the situation, I am sure there would be more demand for more action to be taken.

The numbers are now estimated to be more than 60,000, including Eritrean refugees. More worrying still, a famine is looming. According to the Tigray external affairs office, 150 people died of hunger in August. The UN believes that around 400,000 people are facing famine-like conditions. Millions are also on the brink of hunger in the Afar and Amhara regions, which share a border with Tigray. UNICEF recently alerted that more than 100,000 children in Tigray could suffer from life-threatening severe acute malnutrition in the next 12 months, which will affect them for the rest of their lives. That constitutes a tenfold increase to the annual average.

Deaths are also occurring due to sickness that could previously have been treated or prevented. Prior to retreating, Eritrean forces had looted Tigrayan infrastructure extensively and destroyed clinics, equipment, medicines and medical records, putting years of development back instead of forward. In March, Médecins Sans Frontières reported that 70% of the 106 medical facilities that its teams had been allowed to visit had been looted and only 13% of them were functioning fully, undermining medical treatment for those in need. That is truly frightening and it is happening on our watch.

As mentioned earlier, Michelle Bachelet, the UN High Commissioner for Human Rights, reported that

“all parties to the conflict in Tigray have…committed violations of international human rights…and refugee law, some of which may amount to war crimes and crimes against humanity.”

Those crimes need to be investigated. We need to know we have the strong evidence to bring to justice those who are committing these crimes. We cannot let this go untried. The justice we need means that we need to get the evidence, so independent investigators need to be there on the ground.

Turning to Sudan, I am distressed at the graphic reports of the use of excessive and lethal force against protestors, the arbitrary detentions, their enforced disappearance and torture, and other forms of ill treatment. Those patterns of violations are consistent with Sudan’s long and extensively documented history of abuses against protestors, human rights defenders and perceived political opponents. Sudanese forces have regularly used excessive force, including beatings, tear gas, rubber bullets and live ammunition against protestors, including during the transitional period.

When the new country of South Sudan was formed, the world cheered. It was exciting to have a new country with a proud future looking forward to peace. That long conflict had been put to one side; the peace process had won out. I want to put on the record that it had been led by a lot of local women, who were successful in winning that peace. The joy at which South Sudan was welcomed was amazing to see, but it is so disheartening and worrying that the instability in the region is now threatening that peace.

I want to hear from the Minister that the UK is stepping up and leading on Sudan. The Government need unequivocally to call on the Sudanese military to immediately end the arbitrary detention of all detained political leaders, journalists and human rights activists, and refrain from torture and other forms of violence against protestors; to impose targeted sanctions on those responsible for the coup and for ongoing human rights violations; and to demonstrate global leadership at a special session of the UN Human Rights Council by calling for an independent UN fact-finding mission on Sudan.

As I have made clear time and again in this House, the Foreign Secretary and the Minister need to have their eyes firmly fixed on what is unfolding in Ethiopia and Tigray. In particular, I call on the Minister urgently to consider the imposition of sanctions on the leaders of Ethiopia and Eritrea, who bear ultimate responsibility for human rights violations committed with impunity by their respective armed forces. No one come out well form this conflict. Atrocities are definitely being committed by both sides—I want to be clear about that—and we need to make sure that their leaders are investigated and stand trial.

We need to lead international efforts, including at the UN Security Council, to ensure an immediate cessation of hostilities, the complete departure of Eritrean forces, and unimpeded access to Tigray for local and international aid agencies—those lorries must get through.

As was said earlier, we need an atrocity prevention strategy at the heart of our funding for those countries. We need to stop the aid cuts. What meetings has the Minister had with civil society groups working in the region, the African Union and leaders in Sudan, Tigray and Ethiopia? Finally, I urge the UN Human Rights Council to mandate a truly independent inquiry into alleged human rights violations in Tigray and to secure justice.

I thank my right hon. Friend the Member for Islington North again for securing this debate. I pledge to do all I can to keep what is happening in Ethiopia, Sudan and Tigray on the global agenda. Millions are suffering. We cannot forget them. We must act now.

[Hannah Bardell (in the Chair)]

I thank Members for being so succinct. I am conscious that the temperature has dropped further, so if Members or staff need to don further layers, they have my support. I call the first of our Front-Bench speakers, the Scottish National party spokesperson Brendan O’Hara.

--- Later in debate ---

[Vicky Ford]

I will not take interventions until I clear a few more important lines.

The hon. Member for Glasgow North (Patrick Grady) mentioned our commitment to long-term projects in Africa. This week, right at the outset of COP26, the UK demonstrated our long-term commitment to the continent. We have mobilised international support and finance from donor countries to protect the Congo basin. I remind the hon. Member that many parts of the Congo basin have long suffered from conflict. We are committing new funding to support African countries in rolling out critical projects to adapt to climate change, and in partnership with South Africa, the USA, the EU, Germany and France we announced the ambitious Just Energy Transaction, which is mobilising $8.5 billion to support decarbonisation efforts in South Africa—a big project for South Africa’s stability and the future of our planet.

The hon. Member for Birmingham, Edgbaston (Preet Kaur Gill) mentioned prioritising humanitarian aid. As a result of last week’s Budget, we were pleased to announce that we will be increasing our funding for our highest priorities, including using more bilateral investment. That means spending aid money directly on our priorities, including lifesaving humanitarian aid, and especially prioritising the UK’s world-class organisations and our own frontline work. That is absolutely a focus for the Foreign Secretary.

On 16 October, the Foreign Secretary and I announced a further £29 million of humanitarian aid for northern Ethiopia, taking our commitment to more than £76 million. The UK is the second-largest donor there, and our finances provided water, healthcare and nutrition to hundreds of thousands of people facing famine. It is truly heartbreaking to see the continuation of this terrible conflict, which is also pulling resources away from the long-term development areas that Ethiopia had started to make such impressive progress in.

[Fleur Anderson]

rose—

[Vicky Ford]

I really want to get my important statements out. I will come back to the hon. Lady at the end.

As many hon. Members have mentioned, the conflict has been marked by intolerable levels of sexual violence. They are appalling, and we are appalled and outraged at them. The UK is delivering essential services to survivors of sexual violence and to those at risk of sexual violence in northern Ethiopia. Our programmes provide individuals with critical support and care, including support for emergency mental health services. However, without sustained humanitarian access, these vital programmes for those horrifically abused women and for women at risk of abuse cannot be delivered.

We have strongly supported the joint investigation by the United Nations High Commissioner for Human Rights and the Ethiopian Human Rights Commission. Their report was published just a couple of hours ago; we are studying it carefully and will push for justice and accountability as the situation demands.

All sides must protect civilians and put humanitarian needs first. That means prioritising negotiations over military activities. I call again on all parties to allow humanitarian supplies to flow. Without that, we fear that many thousands of people will die. When the UK ambassador spoke to Deputy Prime Minister Demeke and Prime Minister Abiy in recent days, he made it clear that we must see an immediate improvement in humanitarian access and meaningful engagement in peace efforts. The expansion of hostilities by the TPLF and now the Oromo Liberation Army are displacing hundreds of thousands more people and further destabilising the country.

I call on all parties, in particular the TPLF, the Government of Ethiopia and the Oromo Liberation Army to stop fighting. The continued advance of TPLF and OLA forces must stop. They should not enter Addis Ababa.

[Fleur Anderson]

I want to ask the Minister about the Sudanese aid funding. The Department for International Development was a long-term investor in the Sudanese peacebuilding process. That funding was entirely cut. Will she look into that cut and commit to returning to funding peacebuilding in Sudan, given what has happened recently?

[Hannah Bardell (in the Chair)]

Briefly, Minister, so that the right hon. Member for Islington North (Jeremy Corbyn) has an opportunity to sum up.

Elections Bill (Twelfth sitting)

Fleur Anderson Excerpts

Committee stage
Tuesday 26th October 2021 Public Bill Committees

[Brendan O’Hara]

I beg to move, That the clause be read a Second time.

It is a pleasure to follow my hon. Friend the Member for Glasgow North, who laid out a compelling and detailed case as to why extending the voting right to foreign nationals and widening the franchise is so important. What we have seen is a widening of the franchise in Scotland at exactly the same time as this place seeks to narrow the franchise.

In February 2020, the Scottish Parliament passed legislation extending the vote beyond EU nationals and Commonwealth citizens to include foreign nationals with leave to remain and refugees, adding 55,000 people to the register altogether. That is in stark contrast to what is taking place down here at Westminster. The Scottish Parliament did so because Scotland wants to be that open, welcoming country and that place that is home to anyone who wants to call it home, and it wants to recognise the enormous contribution that EU nationals have made to our country, our society and our general wellbeing. We want to welcome those EU nationals who want to be part of Scotland and we want to give them a stake in, and a responsibility for, the future of the country. The Scottish Parliament has made the decision that anyone who is legally resident in Scotland will have a say in our future, and that is only right.

However, while the Scottish Parliament and Scotland in general seek to reassure EU nationals that they are valued and welcome and we view them as an integral part of our future, the UK Government, at best, use them as a bargaining chip and, at worst, see them as an inconvenience. They may be allowed to pick fruit, or to drive lorries in an emergency, but they most certainly will not be treated as equal or valued citizens. We have got used to having a wide, diverse and growing franchise in Scotland, because that is good for our country and for our democracy. I strongly advise the UK Government to look to Scotland for a lead and to make the status of EU nationals equal across the various Administrations of these islands, because that is ultimately the right thing to do and it is only fair that they do it.

[Fleur Anderson (Putney) (Lab)]

We have been talking so far about making the Bill less confusing and more streamlined to enable more people to vote—that being the aim—as well as about ensuring that voting has integrity. It will be very confusing to be on the doorstep telling people to vote, depending on whichever agreement we have at the time with different former colleagues in the EU. It would really simplify voting if the new clause were agreed or could at least be considered as the Bill goes forward. It will be very difficult for people to work out whether they possess these voting rights at the time each election happens. To ensure that more people vote and that it is as easy as possible to do so, voting should be as simple as possible, and allowing all EU nationals to vote is the simplest way.

[Kemi Badenoch]

Our position has always been that after our exit from the EU existing voting and candidacy rights should be maintained where possible. The new clause would extend the parliamentary franchise to EU citizens where no such rights previously existed, as I said during our debate on the previous amendments. Those who are nationals of a member state have never been able to vote in UK parliamentary elections by virtue of their EU citizenship. If an EU citizen becomes a British citizen, they will be eligible for the parliamentary franchise from that point. The right to vote in parliamentary elections and choose the next UK Government is rightly restricted to British citizens and those with the closest historical links to our country.

--- Later in debate ---

[Cat Smith]

After five and a half years of campaigning for digital postal vote applications, I am very pleased with the Minister’s response. I have always thought her a reasonable woman, and I look forward to further conversations in which we can find consensus. In that spirit, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 10

Emergency appointment of proxy

“(1) The Secretary of State must make regulations enabling voters on a relevant electoral register to apply to appoint a proxy on grounds of a personal emergency.

(2) Such applications shall be granted by the relevant registration officer provided that the officer—

(a) is satisfied that the reason for the application is such that it would be unreasonable for the applicant to vote in person,

(b) has no reasonable grounds to believe that the stated basis for the application is untrue, and

(c) has received the application not later than 5 pm on the day of the poll at that election.

(3) The Secretary of State may issue guidance to registration officers on fulfilling their duties under this section.”—(Fleur Anderson.)

This new clause would allow voters to make applications for proxy votes on grounds of personal emergency up to the day of the poll.

Brought up, and read the First time.

[Fleur Anderson]

I beg to move, That the clause be read a Second time.

Maybe we are on a roll; this could be great. I have a confession: not a day goes by that I do not think about the next election, but I think I am in the minority. The new clause would extend the deadline for the emergency appointment of proxies to the day of the election, because a lot of people do not think about election day until the day itself. That would maintain a change that was made by the Government during the covid pandemic, when they extended the deadline for proxy voting to the day of the election. What the Government did during covid was a good thing, and we should learn from some of the changes we had to make under dreadful circumstances by incorporating those changes into our best practice for future elections. The explanatory notes state:

“This Bill makes new provision for and amends existing electoral law to ensure that UK elections remain secure, fair, modern, inclusive and transparent.”

On-the-day proxy voting would do just that.

The former Minister for the Constitution and Devolution, the hon. Member for Norwich North (Chloe Smith), wrote to the Chair of the Public Administration and Constitutional Affairs Committee, the hon. Member for Hazel Grove (Mr Wragg), back in February. She said:

“An emergency proxy vote is available in certain…circumstances (such as illness)”

close to polling day. She continued:

“The government is amending secondary legislation to further support proxy voting for people affected by coronavirus close to the polls. In particular, these changes will allow those self-isolating as a result of coronavirus exposure, testing or symptoms to apply for a proxy vote in the days leading up to polling day and until 5pm on the day itself, without having to find someone to attest their application”

or to change who is appointed as proxy if the proxy is affected by coronavirus. She went on:

“This will also be available to those who test positive for the virus, on the same basis.”

We would argue that those conditions will continue, because there are other illnesses and other reasons why people will not know that they need a proxy vote until polling day. My husband had to take an emergency flight to Sudan two days before the referendum, so I had to apply for a proxy vote so that he could vote. He would have felt very hard done by and disappointed had he been unable to vote in that referendum. If he had had to fly the night before the election, he would have needed to get the proxy vote on the day itself. Taking the ability to vote away from him and so many others who, owing to illness or other reasons, do not know that they are unable to vote until election day will reduce and suppress voting.

[Cat Smith]

This strikes me as a timely point in proceedings to remind the Committee that we all get ill occasionally. Indeed, a member of the Committee is not here because he has coronavirus. As it happens, Committee members can pair so that the outcome of a vote is not affected by absence, but in a general election there is no opportunity for a voter to pair with a voter for another party and to agree not to turn up at the polls because one of them has coronavirus. Perhaps the lesson from this Committee is that we are all susceptible to illnesses, and therefore this is a reasonable new clause.

[Fleur Anderson]

Absolutely. We just do not know what will happen on the day. We do not want people to lose out on a vote just because emergencies happen. To extend proxy voting will not cost any more. It will not undermine any of the previous clauses; it does not change the fact that voting will be secure—the same security will be there. It all stays the same, but extends it until 5 o’clock on election day, which seems a fair thing to do, and I urge everyone to support the new clause.

[Kemi Badenoch]

The Government cannot support the new clause as we believe that in order to maintain the integrity of the electoral process, the emergency proxy provision cannot be drawn too widely. We discussed that in passing when considering other clauses. The arguments for emergency proxies still stand. There is already provision for electors to be able to apply for an emergency proxy, as the hon. Member for Putney said, in the event of illness or recent disability or for reasons of occupation, service or employment. These are important provisions that facilitate participation in the electoral process.

In his review into electoral fraud, Lord Pickles considered emergency proxy voting and found that there was concern among electoral administrators that widening the right to an emergency proxy would increase the risk of fraud. We therefore have no plans to increase the availability of emergency proxy voting.

Question put, That the clause be read a Second time.

--- Later in debate ---

Brought up, and read the First time.

[Fleur Anderson]

I beg to move, That the clause be read a Second time.

The new clause is in a similar vein to the previous new clause. It would require officers to make provision for voter registration up to and including polling day.

Yesterday, the ultra low emission zone was extended—bear with, because this is relevant. Plans for the ULEZ started in 2014; it was announced in 2017, there were lots of consultations across London, and it was introduced in 2019. There were further consultations on extending it, as has happened. More consultations and measures were put in place. It was very controversial. Signs have been going up on our streets since May. Yet still, yesterday, it was a surprise to some people. A lot of constituents got in contact with me, saying, “What is this ULEZ? Why don’t I have a say on what’s happening?”

As we all know, we might flag something, advertise it as much as we like, but some people will be surprised to find that it is election day. They will be surprised to find out that they have to use their ID to vote. They will be surprised to find out that the deadline to get a postal vote or voter ID has passed. These changes will be a surprise to many. There are 9 million people of voting age not on the register. The moves in the Bill to increase the frequency of registering for a postal vote and to change to the voter ID system will not be known about by many people until election day.

As I have said, every single vote counts. I am sure we all agree. However, in every single pilot for this Bill, people were turned away from polling stations and then did not return because they did not know about the different provisions being made. Some elections are won or lost by a single vote, or a handful of votes.

This, therefore, is a high-risk strategy; if same-day voter registration is not allowed, the Bill will stop people from voting. It is an unproven system—there were not many pilot schemes—and at the cost of £120 million, we must get it right. We should be increasing voting, not decreasing it, and having same-day registration will increase voting. The new clause will enable everyone who wants to vote to vote. Not allowing same-day registration will prevent that.

I am sure the Minister will not accept the new clause, despite the earlier signs of change. However, I challenge her to return to amend the Bill, if this is not accepted, with the provisions that she would deem necessary to enable same-day registration, and to match the ID that would be deemed to be strong enough, safe enough and secure enough to maintain the integrity of the Bill, in the Government’s view, but also allow same-day voting.

[Kemi Badenoch]

We cannot agree to the new clause, as it would have a significant logistical impact on the conduct of elections. Allowing registrations on polling day itself would raise issues about how the eligibility of applicants can be verified, and uncertainties as to the register to be used for the election, undermining confidence in the process.

All applications should be subject to the same level of scrutiny and checks; if we allow applications to be made on the day, that would leave electoral registration officers having to confirm a person’s eligibility after the close of poll. As there is a legal requirement that returning officers start the count within four hours of the close of poll, that would have a significant impact on the timing of the declaration of the results for polls. The declaration would need to be delayed, pending confirmation that those voters who registered on polling day were indeed entitled to vote at the poll.

Any same-day registrations would need to be verified by EROs, which could take some days to do. That would no doubt present some issues to the longstanding tradition of counting and declaring election results as soon as possible, which has had benefits for establishing certainty and for having a Government in place as soon as possible. I therefore urge the hon. Lady to withdraw the motion.

Question put, That the clause be read a Second time.

--- Later in debate ---

Brought up, and read the First time.

[Fleur Anderson]

I beg to move, That the clause be read a Second time.

New clause 14 cuts the connection between the ability of overseas voters to vote and to donate. I have high hopes that it will be accepted. I have that hope because when debating amendment 79, which is related to new clause 14, the Minister said that she was interested in talking further about the issue. This could be the one!

--- Later in debate ---

[Cat Smith]

I wonder whether my hon. Friend would like to draw the Committee’s attention to the findings in the Russia report, which I feel have not been discussed enough in the House. I am very proud of our British democracy, and I hope that Government Members are too. The report highlights the very real risks that British politics would be left to the influence of foreign money. I hope new clause 14 will go some way to protecting the democracy we hold so highly in this country, protecting it against foreign interference.

[Fleur Anderson]

I thank my hon. Friend for raising the awareness of the report to the Committee and directing us toward the potential risks when it comes to overseas permitted donors. Those open the door to a lot of concern, which we have seen in the past and has been reported on in past elections.

What better way is there to have influence than with a UK residency? Someone could be living here as a student, qualify as a resident, then return to their country and many years later be able to register as an overseas voter, thus being able to bankroll and influence our parties. It is unfair and wrong that there is a loophole. People who do not live in the UK and pay tax and are not affected by the rules and decisions of elected politicians can take such a full and active role in financing our political system, giving them more of a say—because of their wealth—than many working people living here all their life, who are very affected by the decisions made.

Many feel that Tory donors, for example, already have more of a say than working people in this country, and the Bill will only continue that fear. As the shadow Minister said previously in Committee,

“My biggest concern about the overseas electors section of this Bill is the fact that it could undermine the integrity of our electoral process.”––[Official Report, Elections Public Bill Committee, 21 October 2021; c. 245.]

Let us be clear: the true motivation behind these changes to overseas voting is to create a loophole in donation law that would allow donors unlimited access to our democracy, allowing them to bankroll Tory campaigns, for example, from their offshore tax havens. If that is the case, then vote against the amendment, cut the link between overseas voters and permitted donors, and only allow overseas voters to vote. It is as simple as that. If that is not the true motivation, let us close the loophole and cut the link by voting for new clause 14.

[Kemi Badenoch]

As the hon. Member mentioned, we discussed this issue when considering clauses on overseas electors. I did agree with Opposition Members that we should look at ways to ensure that we do not inadvertently create new loopholes while trying to secure the voting system or inadvertently extend the franchise beyond the Bill’s intention.

Having said that, what the hon. Lady refers to as a loophole is not. It is a long-standing principle—one originally recommended by the Committee on Standards in Public Life in 1998—that permissible donors are those on the UK electoral register. If someone can vote for a party, they should be able to donate to it.

UK electoral law already sets out a stringent regime of spending and donation controls, to ensure that only those with a legitimate interest in UK election can donate or campaign. That includes British citizens who are registered as overseas electors. I have explained that I am very open to discussing what we can do to secure the system but, for the reasons I have outlined, the Government do not support the new clause. I hope the hon. Member for Putney understands that and will withdraw the new clause.

Elections Bill (Eleventh sitting)

Fleur Anderson Excerpts

Committee stage
Tuesday 26th October 2021 Public Bill Committees

[Kemi Badenoch]

Clause 22 restricts all third party campaigner spending during a regulated period to entities eligible to register with the Electoral Commission, as listed in section 88 of the Political Parties, Elections and Referendums Act 2000, and to overseas unincorporated associations with the requisite UK connection.

Currently, foreign third party campaigners can legitimately spend on UK elections underneath the recognised third party campaigner registration thresholds, which are £20,000 during a regulated period in England, and £10,000 in Scotland, Wales and Northern Ireland. This activity becomes illegal only once the thresholds are passed. It is important that only those with a legitimate and fair interest in UK elections are able to influence the electorate.

Clause 22 will remove the scope for any legal spending by foreign third party campaigners underneath the registration threshold but above a £700 de minimis. The inclusion of such a de minimis provision will balance the desire to prohibit spending by foreign entities without criminalising low level, potentially unintentional breaches below £700, which are unlikely to adversely impact an election.

It is worth noting that only individual overseas electors are permitted to register as third party campaigners with the Electoral Commission. In order to support overseas electors, who are important participants in our democracy, to work together, the clause will permit them to form unincorporated associations to campaign if they spend below the new lower tier registration threshold of £10,000, set out in clause 24. That is in line with the current situation, and it is only right that such electors should be able to spend in UK elections as they can now. Under our proposals, unincorporated associations will meet the “requisite UK connection” requirement to incur spending in UK elections only if they are composed solely of registered overseas electors.

To conclude, these provisions make necessary and proportionate changes to ensure that spending at UK elections is only permitted, above a £700 de minimis, for those with a legitimate interest in UK elections. They help reduce the risk of illegitimate foreign influence in UK elections.

Question put and agreed to.

Clause 22 accordingly ordered to stand part of the Bill.

Clause 23

Third parties capable of giving notification for purposes of Part 6 of PPERA

[Fleur Anderson (Putney) (Lab)]

I beg to move amendment 71, in clause 23, page 33, leave out lines 6 to 10.

This amendment would leave out the powers for ministers to remove categories of permitted campaigner while leaving in place their power to add new categories of campaigner.

[The Chair]

With this it will be convenient to discuss amendment 72, in clause 23, page 33, line 10, at end insert—

“(11) The power to make provision by virtue of paragraph (9)(b) or (c) is exercisable only on, and in accordance with, a recommendation of the Electoral Commission.”

This amendment would require the Government to obtain the recommendation of the Electoral Commission before removing or varying categories of permitted campaigner.

[Fleur Anderson]

It is a pleasure to serve under your chairship, Mr Pritchard.

Part 4 and its provisions are a brazen attack on our democracy. They will undermine the ability of civil society organisations, charities and trade unions to engage and campaign in our democracy—that is why they are so controversial. We need to spend additional time considering them, and I hope that all Committee members will take up our amendments, which are reasonable, represent an improvement and come very much from civil society.

The provisions in question will infringe the rights of working people to organise politically or campaign on pay or rights at work, and they risk silencing the very people who got our country through the pandemic. They are an unnecessary and disproportionate reaction. They will not add to the integrity of our elections, but only have a chilling effect on democracy.

In a free and open society, democratically elected Governments are scrutinised by Opposition parties and civil society, often campaigning on single issues. Part of what makes democracy healthy is the freedom for civil society to challenge those in power, which the Government are seeking to curtail with the clause and which we seek to amend with amendments 71 and 72.

The clause will allow a Cabinet Office Minister to define who may legally campaign at elections, giving them the power to amend or remove the types of organisations that are allowed to spend as little as £700 on election campaigning across the whole UK. It also doubles as the list of organisations that are allowed to register with the Electoral Commission and spend more than £10,000 at elections. The Minister may now be able to ban charities that are critical of Government cuts to foreign aid, ban local community groups protesting against planning reforms, ban unions that might work with a political party for workplace rights, and ban anyone convicted of a public order offence. In conjunction with the Police, Crime, Sentencing and Courts Bill, which makes it much easier to criminalise protesters—even a protest involving one person—this would disproportionately impact on the Government’s most vocal and active opposition, who may have already been criminalised for protesting. That is a terrifying prospect and, as far as I can see, quite unprecedented.

The Bill is not about influence. It is a way for the Government to stifle their critics before elections and cripple them during elections. Giving the Government such power over their opposition during elections is completely at odds with free and fair elections. It is deeply inappropriate and offensive to our democratic tradition. Unions and other campaign organisations have a right to engage in our democracy and already face a highly regulated landscape, which is why the clause is unnecessary.

[Patrick Grady (Glasgow North) (SNP)]

The hon. Lady says this is the Government stifling their opposition. Actually, civil society, trade unions and charitable organisations are all our opposition, because they put equal pressure on all candidates and parties that stand in an election, as they want to achieve policy change. Obviously, some organisations are more closely affiliated with political parties than others are, but many of them are party-neutral in that sense, because they want to drive a policy change rather than see one party be successful in any given constituency or general election.

[Fleur Anderson]

I absolutely agree with the hon. Gentleman. It is a range of political opinions and opinions about different issues that are not necessarily the main bread and butter of political parties, but which are so vital, especially in an election time, when we are talking about the future of such a wide range of policy decisions that are about to be made on behalf of the electorate. Unless we accept the amendment, we face the risk of some groups, individuals, community organisations and single-issue campaigns being unnecessarily banned from taking part in the electoral process. There will be scandals ahead unless we accept the amendment.

Labour’s amendments 71 and 72 seek to temper the clause. Amendment 71 will delete the unprecedented and dangerous powers to remove categories of permitted campaigners while respecting the Government’s stated intention to future-proof electoral law by allowing the addition of novel categories of campaigner. It is flexible and can still respond to new issues and campaigns as we go forward, but it does not have the draconian and heavy-handed influence of only the Minister choosing who is on the list. Amendment 72 requires the Government to obtain the recommendation of the Electoral Commission before removing or varying categories of permitted campaigner, and I hope all Members will agree that it is a very reasonable amendment.

Both amendments are necessary to prevent a Minister from having the unprecedented ability to interfere in a free and fair election. They also have significant civil society support, including from Bond—British Overseas NGOs for Development—which represents over 400 organisations, ranging from small specialist charities to large, international non-governmental organisations. It has many supporters in all our constituencies, with a worldwide presence, and believes that:

“This is an extremely broad power which could be open to abuse by future governments.”

I would add that it could be open to abuse by the current Government. Bond has urged that it be amended, and so do I.

--- Later in debate ---

[Kemi Badenoch]

Clause 23 builds directly on the requirements put in place by clause 22. As I have mentioned, the aim of clause 22 is to remove the scope for foreign entities to spend above a £700 de minimis amount during the regulated period running up to an election by restricting all third party campaigner spending at that time to spending by entities that are eligible to register with the Electoral Commission, as in section 88 of PPERA.

However, we are conscious that legitimate categories of third party that are not on the list of categories of campaigners may emerge in future, and clause 22 would significantly restrict their ability to campaign if they could not be added to the list quickly. For that reason, clause 23 makes provision for the amendment of the list of eligible categories of third party campaigners in PPERA. It will allow the Government to add to, remove items from, or otherwise amend the list of categories of third party campaigners as necessary. Any such changes will be subject to parliamentary scrutiny via the affirmative procedure. These provisions will ensure that we can be responsive to the emergence of new groups, and that eligible categories of third party are not unduly restricted from campaigning and participating in our democracy in future. I therefore urge the Committee to allow the clause to stand part of the Bill.

Question put and agreed to.

Clause 23 accordingly ordered to stand part of the Bill.

Clause 24

Recognised third parties: changes to existing limits etc

[Fleur Anderson]

I beg to move amendment 76, in clause 24, page 33, line 23, at end insert—

“(5C) Registered charities and Community Interest Companies may act as a recognised third party subject to the lower-tier expenditure limits without the requirement to give the Electoral Commission notification under section 88 of PPERA.”

This amendment would exempt registered charities and Community Interest Companies from the notification and registration requirements of Clause 24, which introduces a new lower tier registration for third party campaigners who spend more than £10,000 on controlled expenditure anywhere in the UK.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 77, in clause 24, page 33, line 23, at end insert—

“(5C) Registered charities and Community Interest Companies (CICs) which intend to incur election expenditure within the lower-tier expenditure limits may provide the Electoral Commission with their charity or CIC registration number, and the Commission—

(a) shall treat that information as sufficient for the charity’s or CIC’s notification and registration for electoral purposes under section 88 of PPERA, and

(b) may collect any information the Commission requires about the charity or CIC from the Charities Commission or Companies House respectively.”

This amendment seeks allow charities or Community Interest Companies who wish to campaign at elections within the lower tier of expenditure and which are already subject to transparency requirements to avoid the additional compliance burden arising from Clause 24.

Amendment 90, in clause 24, page 34, line 22, at end insert—

“except where the third party is a charity which is registered with the Charity Commission of England and Wales under section 30(1) of the Charities Act 2011 or is exempt from registration under section 30(2)(a), (b) or (c) of the Charities Act 2011 or is registered as a community interest company under section 36B of the Companies (Audit, Investigations and Community Enterprise) Act 2004;”.

--- Later in debate ---

[Fleur Anderson]

I am pleased to speak to amendments 76 and 77, which would significantly improve the Bill. Amendment 76 would exempt registered charities and community interest companies, or CICs, from the notification and registration requirements of clause 24, which introduces a new, lower-tier registration for third party campaigners who spend more than £10,000 on controlled expenditure anywhere in the UK. Our amendment 77 seeks to allow charities or CICs that wish to campaign at elections within the lower tier of expenditure, and that are already subject to transparency requirements, to avoid the additional compliance burden arising from clause 24.

The Electoral Commission says on part 4:

“Some of the changes in Part 4 of the Bill would increase transparency for voters about who is spending money campaigning at elections and how they are funded.”

So far, so good. It goes on:

“But they would not increase transparency about how much is being spent and on what. The added complexity of these changes could deter some from campaigning at elections, or restrict the type of campaigning they can spend funds on. Voters could therefore receive less information about candidates and parties, and hear from a narrower range of sources.”

The Electoral Commission continues:

“Third party campaigners are individuals and organisations that campaign in the run-up to elections but do not stand as political parties or candidates. These are a vital part of a healthy democracy and play a significant role in providing voters with information. It is important that a broad range of campaigners can take part in public debate ahead of UK elections and referendums so voters hear a diversity of voices.”

The commission states:

“These changes would add new requirements to laws which many campaigners have said are already complex and hard to understand.”

Again, these changes are unnecessary and will have a chilling effect on democracy, and especially on registered charities and CICs. That is why they are the focus of our amendments. The Bill risks tying organisations up in red tape and stifling democratic engagement by civil society organisations, which are concerned about breaking the rules.

I was working in a charity when the gagging, or lobbying, Act—the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 —was introduced. I very often found myself sitting around with my colleagues asking, “Can we now do this? Can we now say that? Can we now work with them? What can we do?”. Our charity did not have enough money to seek a large amount of legal advice. The law was also quite unclear, so to avoid falling foul of it, we would step back and not do many things that would have been perfectly within the law, which had been changed, just in case they were not.

The provisions we are discussing extend those powers. Indeed, I see this as a trilogy, comprising the lobbying Act, the Trade Union Act 2016 and this Bill, which altogether stifle democracy and free speech, and stop really valuable campaigners campaigning about issues that we politicians need to hear about.

I spoke to the National Council for Voluntary Organisations, which is concerned about this issue. It said that it was unconvinced by the argument in favour of the lower threshold in general terms. Has the Minister met the NCVO to discuss its concerns? The Government have framed the issue in terms of increased transparency, but it was not clear to the NCVO, which represents charities across the country, that there would have been a significant impact. It cannot see that there will be more transparency.

The NCVO asked the Minister’s predecessor to look at whether charities could be exempted from the lower threshold. Its argument is that when campaigning is done by a registered charity, people can in any case look it up on the register and see who its trustees are, how it is funded and so on. The transparency point therefore does not apply in the same way, because charities are already transparent and highly regulated. This new tier will inevitably result in smaller organisations being unable to engage in democracy. Charities and community groups that might not have the policy and legal expertise of larger organisations and that, as I have said, will fear running afoul of the rules may decide—in fact, will decide—that it is not worth the trouble to spend a relatively small sum, or they might be put off by appearing on a public register.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

The hon. Lady is obviously making a powerful speech, but the primary purpose of charities, which we give tax relief to, should surely be supporting good causes, not campaigning in elections.

[Fleur Anderson]

In many respects, supporting good causes is done by campaigning. For many charities, the causes of the symptoms they are seeking to address will be back in Government policy. The policies that we decide all the time obviously have an immediate impact on people on the ground. Charities work with those people and need to change the policies to change the issue they are addressing.

[Brendan O’Hara (Argyll and Bute) (SNP)]

Does the hon. Lady agree that charities by their nature have expertise and understanding—for example, of homelessness, third-world debt, climate change, or whatever—that we in this House have to learn from? The idea that they should be restricted simply to raising funds to alleviate an issue, rather than trying to engage and inform the debate, is simply preposterous.

[Fleur Anderson]

I absolutely agree. For example, during this Bill Committee, we have relied on expert advice from the Royal National Institute of Blind People about the impact of these changes on people who are blind or partially sighted across this country. As the representative organisation of those people, who will be affected by the Bill in how they vote, the RNIB should be giving us expert advice. In the future, having to work out how much money it has spent jointly and severally with other organisations, which tier it falls into and whether it will get on to the list will all have an effect on whether or not we receive that expertise, which helps us to be much better decision makers.

When we consider that the Conservative party spent £16 million in the last general election, we see that lowering the spending threshold for groups to register during an election from £20,000 to £10,000 is clearly aimed at deterring smaller organisations, community groups and single-issue groups, which the hon. Member for Argyll and Bute mentioned, such as groups concerned with refugees, disability rights, women’s rights and LGBTQ issues. Community groups campaigning on a single issue in our constituencies may fear running afoul of changing election rules, which will have that chilling effect.

I ask the Minister whether there will be a review of the impact of the lobbying Act as we go forward with the Elections Bill, because I think that they go together. To know what impact the lobbying Act has had on campaigning will be very instructive. Perhaps there has been such a review already, and I did not know about it. If not, will there be a review of the impact of that Act and this legislation on campaigning, particularly single-issue campaigning?

If existing party activity is redefined as joint campaigning, smaller unions that spend only very small amounts on regulated activity and do not come close to meeting the threshold for registering with the Electoral Commission could find themselves having to register and submit a complex and comprehensive return, despite having not spent any of their own funds on a campaign. Should not they be spending their money on frontline service provision and advocacy, rather than filling in complex and comprehensive returns that do not add to transparency but only decrease our democracy? This will be a huge bureaucratic burden on small organisations; it is both completely unnecessary and overly burdensome.

Labour’s amendment 76 seeks to reduce the chilling effect and remove the burdens of additional regulation by exempting registered charities and community interest companies from the notification and registration requirements. In the community organisation that I worked for just before I became an MP, there was a fantastic organisation called SEN Talk—special educational needs talk.

For years, I supported it in becoming a CIC. It is a long process. The organisation had to go through a lot of measures and have a lot of transparency. It was doing a lot of frontline work with parents and children with special educational needs, but also it was advocating to the council for the changes that it needed in order to operate on behalf of parents, and to the Government, and working on Select Committee reports, for example. If that organisation were asked to then submit returns but did not know exactly when the election period was and feared falling afoul of this, it would have to cut down on its frontline services or not take part in the advocacy that really does help it to stand up for children with special educational needs. It would put that organisation in a real bind, and it is just one example.

This proposal has also, as I have mentioned, been called for by Bond—the overseas aid network—and several other third-sector organisations. Setting up a registered charity takes considerable time and effort, and these entities must already, by law, identify their trustees—or, in the case of CICs, their directors—and publish their accounts. There are already robust transparency initiatives regulating charity governance, so it is highly unlikely that those seeking to exert undue influence in elections would pursue this approach as a means of evading regulation. I would like to know how many conversations the Minister has had with CICs, in particular, about the effect of the Bill.

Registered charities cannot exist for solely political purposes, and charities that do engage in political activity in pursuit of their charitable objects are already closely monitored by the Charity Commission. These organisations would still have to register with the Electoral Commission as a non-party campaigner if they met the existing spending thresholds.

Amendment 77 would recognise the need for all campaigners at elections to submit to electoral regulation by the elections regulator, and to be transparent about their purpose if they are seeking to campaign to influence voters at election time—but without duplicating the compliance burden for those organisations that already routinely are required to be transparent.

I urge all hon. Members to support these very reasonable amendments, which would allow small organisations and single-issue campaigns to continue to campaign.

--- Later in debate ---

[Patrick Grady]

The Minister said in her previous speech that the measure was partly intended to avoid a situation arising comparable to the US super-PACs that spend millions of dollars with very little regulation. It is impossible under current UK electoral law for a situation anything like that to arise in this country. The notion that small local charities that want to lobby their local candidates to stop the closure of a swimming pool, a school or a library are somehow comparable to the dark money seen in other parts of the world, which has been reported as potentially having an increasing impact in this part of the world, is completely extreme.

It is not impossible that there will be a general election in February 2022, because as the Minister has admitted, the Prime Minister will have that option when the Fixed-term Parliaments Act 2011 is finally repealed. As soon as that happens, the next election campaign will effectively start, which is delightful for all of us because of the rare snap elections that we have experienced twice in the last three years.

Under the terms of the clause, if an election came that early it might be the case that some organisations would have already reached the threshold without knowing it, not least because they are in the process of holding us to account for pledges that we made in 2019 that they have not had much opportunity to lobby on. Organisations that are organising a big lobby day—there are several coming up—that involve a lot of logistics such as the hire of the hall and the transportation of people, and that are related to pledges that Members may have made at a general election and therefore could reach the threshold, may find that they are already in breach without knowing it.

It is an awkward clause that relates to the overall package of reform that the Government are bringing in through the Bills that we have mentioned throughout the progress of this Bill, including the repeal of the 2011 Act, the Police, Crime, Sentencing and Courts Bill, and the other aspects of electoral and political law that are being amended. The Minister is falling back on the idea that it affects everyone, but that does not really answer that point. In a sense, it does affect all of us and we may already be in the run-up to a general election campaign but we just do not know because of the power grab that is being exercised by the Conservative Government, of which this clause is another example.

Question put and agreed to.

Clause 24 accordingly ordered to stand part of the Bill.

Clause 25

Joint campaigning by registered parties and third parties

[Fleur Anderson]

I beg to move amendment 74, in clause 25, page 36, line 19, at end insert—

‘(2A) In section 85(2) of PPERA, after “incurred”, insert “(in the case of a parliamentary election only after the date of the election has been set or fixed)”.’

This amendment would limit regulated periods for UK Parliamentary General Elections to the period between the announcement of the election and the close of polls.

Clause 25 is about joint campaigning by registered parties and third parties and sets up the necessary amendment to have joint plans registered by those registered parties and joint parties when they are campaigning together. It clearly focuses mainly on suppressing the unions’ ability to campaign with parties. The Opposition oppose clause 25 in its entirety, as I will come to later.

On amendment 74, we have just been talking about deadlines and dates and how, if there is confusion about who can campaign, there is confusion about what has to be registered financially and who that has to be registered with. Then there is a lot of red tape. On top of that, there is confusion about the dates and the period that we are in: is it an election time or not? That will all, jointly, have a huge suppression effect on campaigning, which is the lifeblood of our elections and our free and democratic society.

--- Later in debate ---

[Kemi Badenoch]

I do not think so at all. In the previous clause, we made the situation equal for everybody. The Opposition are talking as if there is a secret conspiracy where everybody knows, other than them, when an election is going to be called. We are applying the law equally to everybody. That is right and I am happy to continue making the argument.

[Fleur Anderson]

Will the Minister give way on the point about a conspiracy?

--- Later in debate ---

[Kemi Badenoch]

As I have already set out, spending limits are an integral part of the political finance framework. They ensure a level of fairness between parties and campaigners. Controls are already in place on the integrity of spending limits—for example, in the case of targeted spending where a cap is placed on third party spending to promote one political party, and joint campaigning, which applies where third party campaigners work together and must all report costs. It is right that where groups work together on a campaign the spending should be accounted for by anyone involved in it, otherwise groups could unfairly attempt to make use of multiple spending limits. Therefore, we are extending the principle of joint campaigning to cover scenarios where political parties and third party campaigners are actively working together on a campaign. That is very different from targeted spending, where a third party targets a political party with their spending, but they do not actually work together on a campaign. It will simply mean that where a political party and third party campaigner are incurring spending and actively campaigning together, the relevant spending for that joint campaign should be accounted for by all groups involved in the spending. That will help to ensure that campaigners are playing by the rules and make it much easier to know who was involved in such campaigns. Of course, it will not stop groups spending separately outside the joint plan in their capacity as an individually recognised third party or political party. Any regulated spending that is undertaken by an individual group and is not part of a joint campaign will need to be reported only by the group incurring the spend.

Furthermore, to create parity with the current rules on joint campaigning between third party campaigners, the requirement to specifically identify relevant spending and spending returns will also be applied to the existing rules on joint campaigning between more than one third party campaigner. It is absolutely right that the rules on transparency of joint campaigning should be as similar as possible across all types of campaigners, to ensure fairness and support compliance. Therefore, I urge that the clause stand part of the Bill.

[Fleur Anderson]

We oppose part 4 in its entirety. The Minister makes it sound very easy. Parties campaign together and write a joint plan. If they have been a part of it, they declare all the expenses. In practice, that involves a huge amount of red tape and burden, and it is absolutely disproportionate to the effect that the Government are trying to achieve with the Bill—transparency, integrity and freeing up our elections so that everyone can take part and we all know what is happening. There should absolutely be transparency, but there should not be an overly bureaucratic system that will actually suppress freedom of speech.

The clause is a deliberate attempt to silence the trade unions in particular, which is what I will focus on. It is all about the Conservatives rigging democracy in their favour, because they know full well that the clause will silence Labour-affiliated trade unions. It is totally out of step with what we see globally. Only four of the 57 member states of the Organisation for Security and Co-operation in Europe—the UK, the Czech Republic, Ireland and Slovakia—require third parties to register campaigning activity at election time. Clause 25 would change the joint campaign rules so that organisations campaigning jointly with political parties are collectively liable for the total campaign expenditure of all organisations. No matter what small part or supporting role an organisation might play, it has to declare the full total amount, which will take up all of its campaigning allowance. That will include the political party.

The 2021 report “Regulating Election Finance” by the Committee on Standards in Public Life says:

“When considering calls for greater regulation of non-party campaigning it is important to be mindful of the role of non-party campaigning in the broader ecosystem of democracy and pre-election debate. As the Committee made clear when it first concluded that spending limits for non-party campaigners would be necessary, there is nothing wrong with individuals and organisations sending out explicitly political messages in advance of and during election campaign—‘On the contrary, a free society demands that they should be able to do so, indeed that they should be encouraged to do so.’ The right to campaign is also protected by law through the right to freedom of expression. This should act as a check on ensuring that regulation strikes the right balance.”

We contest that the Bill does not strike the right balance. Who can think of a political party that has strong historical links with external organisations working together—maybe around election time, and maybe for workers’ rights across the whole country—and traditionally campaigning together as a movement for change? That’s right: it is the trade unions. I hope that the Minister has talked to the trade unions about the Bill and understood the impact that it will have on trade union activity in all our constituencies, as well as across the country.