What is reasonable and appropriate is for us, as a Government, to set out very clearly our intention, which is not to stop charities campaigning on policy issues, and to restate that intention as often as is required so that charities can see what it is. That is what we will carry on doing, and I am confident that we will get the message across.
Government amendment 33 removes the additional test that expenditure might otherwise enhance the standing of a party or candidate. I hope that charities and campaigning organisations will see this as a positive step in providing them with greater clarity. Although we do not consider it to be a significant change, we recognise that this additional limb of the existing PPERA test was perhaps less clear and might have suggested a more remote connection from promoting electoral success,
and we want to be clear that that is not our aim. This should provide further clarity and reassurance to campaigners as to the test they have to meet in order to incur controlled expenditure.
3.15 pm
The Government believe that these amendments, together with the existing prohibition under charity law of party political activity by charities, should give charities the reassurance they have sought. Only activities that can reasonably be regarded as intended to promote or procure electoral success of a party or candidates will be subject to the provisions in the Bill.
The Government amendments to schedule 3 provide further reassurance and clarity. As we discussed in Committee, schedule 3 takes forward a recommendation from the independent Electoral Commission to align the activities by which third parties incur controlled expenditure with the situation for political parties. I am assuming that Labour Members do not object in principle to our doing what the Electoral Commission has asked us to do in that respect. The amendments replace the separate listings for advertising, unsolicited material and manifestos or policy documents with a reversion to the existing description of election “materials”. This is language already used in PPERA and with which third parties and the Electoral Commission are already familiar. The Electoral Commission already has guidance on this area, and we recognise the benefit of that familiarity. In other words, in relation to that particular area of activity charities will have the certainty that they acquired from the elections fought in 2005 and 2010.
We are making it clear that only public rallies and events are regulated, in line with the existing “publicity” test for election material set out in existing commission guidance. The effect of this is that events to which the public are not admitted, such as meetings or events for an organisation’s members or committed supporters, will not be regulated. There is also an explicit exception for annual conferences—the TUC was very keen on that—as is the case for political parties. That should reinforce the message that we are not seeking to regulate the ordinary activities of charities, non-governmental organisations or other campaigners. Similarly, we are making it clear that canvassing or market research must involve the public at large, not just a third party’s members or supporters. We are also removing the limitation that only canvassing which “ascertains polling intentions” is captured by the Bill. That removes any potential ambiguity.
In relation to dealings with the media, the amendments mean that only press conferences and other organised media events will be regulated. Third-party campaigners who respond to ad hoc media questions on specific policy issues will not be covered by the Bill. If a third party organises a major media conference to which it invites the press, TV and radio, and during the course of that conference says, “Vote for party X”, then that will be caught, and quite right too.
Let me emphasise that in all these cases only activities that can reasonably be regarded as intended to promote or procure the electoral success of a party or candidate will be subject to regulation. I suspect that all Members will be thoroughly sick of that phrase by the end of today, but I will not stop repeating it.