If that is the case, why are we having this conversation and debate? If there is no issue, why have the Government brought this Bill before the House, unless there is something about which they are concerned?
As others have said, there is a real risk of a chilling effect on our national debate given the timing and rush of this Bill. The Minister has acknowledged that the Government are in a rush to get the legislation in place for the 2015 general election, and inevitably people will think that they are trying to insulate their own record, MPs and candidates from legitimate democratic criticism. A number of high-profile campaigns could have been stymied by the legislation, such as that run by the National Union of Students in 2010 on tuition fees, the equal marriage campaign by Stonewall, or, as many Members have said, the Royal British Legion military covenant campaign.
At a time when trust in politics is at an all-time low, why are the Government bringing forward a measure that could restrict the one part of our politics that is doing a good job of engaging people? As well as having a chilling effect on debate, the Bill could also allow this Government, and future Governments, to escape scrutiny on their record and policies. To pluck an example of interest to the Liberal Democrats, might it stop the National Union of Students from holding them to account for how they voted on tuition fees, stop organisations such as the excellent Family and Childcare Trust from highlighting how the Government have driven up the cost of child care for working families, or stop the Royal College of Nursing from warning the public about the impact of Government health policies?
The Royal British Legion was mentioned earlier in the debate, and its circular makes an incredibly powerful case about the weakness of the Government amendment. The Royal British Legion remains
“unconvinced that legitimate awareness-raising activities won’t be captured by the revised definition”.
The Electoral Commission’s own briefing confirms those concerns:
“activity does not have to be ‘party political’ for its costs to be regulated.”
Is it really the Government’s intention for the excellent work of organisations such as the Royal British Legion to be curtailed because of this hastily thrown together Bill? Surely it is not. Had they undertaken proper pre-legislative scrutiny—a case made powerfully by the Political and Constitutional Reform Committee—they would have discovered the problems this clause and this part of the Bill will create.
3.45 pm
As has been said, the NCVO has been vocal on the importance of pre-legislative scrutiny. It points out that if the Government were serious about the national compact between government and the voluntary sector, it would have taken far greater care.
“The Compact states that where it is appropriate, and enables meaningful engagement,”—
Government should—
“conduct 12-week formal written consultations, with clear explanations and rationale for shorter time-frames or a more informal approach. The timing of the Bill is problematic, given that we are only 18 months out from an election. If enacted, the provisions of the Bill will come in from next May, leaving only a matter of weeks for organisations to adapt to the new restrictions.”
The NCVO states that it does not believe that this has been followed. Its legal advice, which is separate from the legal advice I have already quoted, is alarming. It finds that the amendments tabled by Ministers will not alleviate restrictions on organisations such as the Royal British Legion, contrary to what we have been told by the Deputy Leader of the House. According to the NCVO, many of its member organisations will have to consult the Electoral Commission before undertaking campaigning activity during an election period to ensure that they are not falling foul of new regulations. Surely that is not healthy for a thriving democracy? Having third sector organisations jump through hoops to meet their charitable aims cannot be what the Government intended?
Ministers propose that the Electoral Commission should police the conduct of charities during election periods. Like my hon. Friend the Member for Nottingham North, the Chair of the Select Committee, I attended the Electoral Commission’s briefing yesterday. I think it said that it had six staff to do the policing, but I shall take my hon. Friend’s figure of 12. If it has 12 members of staff and there are 650 constituencies, then each one is expected to monitor activity in more than 50 parliamentary constituencies. That can be neither feasible nor, in a healthy democracy, a desirable use of the Electoral Commission’s limited resources.