That is an important point and I will return to a concrete example from my experience and highlight the work of the Stop Climate Chaos coalition in Scotland, which I think enabled and facilitated cross-party support for the passage of a world-leading piece of legislation—the Climate Change (Scotland) Act 2009. It is exactly such campaigns that will be in jeopardy and might simply not happen, if we take the Electoral Commission’s evidence seriously.
Another concern is that a much wider range of activities will be regulated, including organisations’ media activities. The explanatory notes state:
“The definition of ‘for election purposes’ does not rely solely on the intent of the third party; the effect of the expenditure must also be considered.”
Such spending can be controlled
“regardless of whether incurring the expenditure”
is
“intended…for another purpose.”
That belies the Government’s statement, made to try to assuage hon. Members, that the measure will not have a restrictive effect—it clearly will have such an effect.
The Electoral Commission has raised some of the most serious concerns about the Bill, including the lack of pre-legislative scrutiny. I cannot help but believe that pre-legislative scrutiny would have gone an awfully long way to address problems with the Bill. However, in pointing out the obvious—that campaigning organisations are not like political parties—the commission highlights the difficulties it foresees in the discretion it will have to interpret what activity will be regulated as political campaigning. It has made it clear that it does not believe it is appropriate for it to have such wide-ranging discretion. In any case, it is concerned that the wide definition in the Bill and its explanatory notes of “election purposes” will be open to legal challenge.
I know from my involvement in charities that they are often very risk-averse—other hon. Members with extensive involvement in charities have said the same. They will shy away from anything that might embroil them in difficult legal wrangling and threaten their charitable purposes under their charitable status. The measure will lead to a risk-averse and self-censoring culture among charitable organisations. Also, no hon. Member has so far mentioned the capacity of the Electoral Commission to deal with the new layer of bureaucracy.
It is important for the Government to address the regulation of third-party spending at elections, but they must do so in a coherent way. Part 2 of the Bill goes much further than their stated intentions. I hope they take on board the concerns hon. Members have highlighted in the debate about the duplication and spiralling of regulation.
I have not had time to go into the referendum in the Scotland and the regulations that have been agreed. However, I hope the Deputy Leader of the House takes the opportunity when winding-up to address that and other issues, and that he affirms the positive role of an outspoken civil society.
5.52 pm