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

Baroness Chapman of Darlington Excerpts

Wednesday 9th October 2013 Commons Chamber

[Dr Francis]

Indeed; that is the final point that I want to make. At this very late juncture, I implore the Government to have a democratic pause to allow them to allay these concerns. It would be an opportunity for both Houses to reflect not only on my Committee’s report but on the deep concerns of the many national and local organisations that have written to us. I think that our report will be more up to date than the Government’s position next week, because we will have taken on board all those concerns.

[Jenny Chapman (Darlington) (Lab)]

It is a pleasure to contribute to this debate, and particularly to follow my hon. Friend the Member for Aberavon (Dr Francis), who speaks with great authority and experience.

I would vote against anything that frustrated this part of the Bill, so I want to speak in support of amendment 101. All the problems with this provision stem from one mistake, which is that it is rushed and has not been consulted on. In the past I have been responsible for negotiating compacts with the voluntary sector. Compacts are not widely known about, and even in the voluntary community and social enterprise sector they are viewed with a huge degree of scepticism. It can be the devil’s own work getting charities to engage with the process because they do not trust the local authorities, the Government or other organisations taking part in it. Driving a coach and horses through the first principle of a compact will do nothing whatsoever to encourage a relationship of trust with organisations in this sector. There has been no consultation and no time to consider the amendments. This is doing more than anything else I can imagine to damage the relationship with our voluntary and community sector that was starting to be built up in Government and in local government across the country.

It is a matter of huge regret that the Government have managed carelessly to stir up a massive amount of distrust in the third sector at a time when we are, rightly, asking more and more of its organisations—this is not a new thing; it has been going on for a very long time—in very important and sometimes dangerous areas of public life, such as the supervision of offenders, safeguarding children and adult social care. That is reckless in the extreme and I will be voting in favour of amendment 101.

--- Later in debate ---

[Jenny Chapman]

I believe that good practice would be 12 months. Charities are very mindful of the rules that have stood since 2000. They do not engage in political activity and are very careful about not doing so. I do not understand why we cannot allow a proper consultation that would lead to a Bill that we could all agree on and support, and in which charities would also have faith.

[Mr Allen]

Just to help my hon. Friend and the hon. Member for Beckenham (Bob Stewart), my Committee has said that we or another Committee of the House—it would not necessarily have to be us—could do that and meet the Government’s deadline for getting proper regulation before the next election.

[Jenny Chapman]

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

[Mr Tom Harris]

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

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

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

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

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