My Lords, I also join in wishing the absent noble Lord, Lord Wallace of Saltaire, a speedy return—not that we do not feel safe in the hands of this noble and learned Lord, Lord Wallace, but it would be nice to see them both running around again. I also declare my interest as a patron of the Blenheim Trust and trustee of the Webb Memorial Trust.
I echo the concerns expressed by a number of noble Lords about the Bill and support the thrust of their amendments, which aim to make this bad Bill a little less bad. I also want to argue that Clause 26 should not stand part of the Bill. As has been said, the Government paused, but not for long enough and, more seriously, they then did nothing. There was no consultation—which as we have just heard is about more than just listening—because whatever they heard they made no changes. Even today, after all that, we have only the promise of a review about whether the Bill is fit for purpose after we have had an election with it, and the promise of a revision of the thresholds, but without the all-important figures before us. The Government’s inaction is in stark contrast to the NCVO and the Harries commission, as my noble friend Lady Pitkeathley just said.
The NCVO heard from 140 of its members and engaged with MPs, civil society and lawyers, and, as we have heard, took evidence. It talked, it thought, it listened and responded. The Government, by contrast, refused a proper committee to take evidence but then failed to use the time to produce their own amendments. They have failed to ask for written evidence and they have failed to produce a report of what they heard.
They have still failed to believe the warnings of chill, uncertainty and criminal sanctions—warnings and concerns that the Women’s Institute, Crisis and Sense About Science have repeated just this morning despite, or perhaps because of, the meetings that they have had with Ministers. The Government have failed to listen to the Royal College of Nursing, which says that the Bill will restrict the activities of organisations
that seek legitimately to influence public policy in the run-up to an election. Indeed, the nurses say that if they are curtailed from raising concerns, this may pose a risk to standards of care in the NHS. Not only did the Government not heed these warnings, they have sought to dismiss them by asking others, not themselves, to change their view of the Bill. It is really no good the Minister today, or indeed Mr Brake, telling these groups that they need not worry if their own lawyers and the Electoral Commission tell them that they may well be in scope.
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The Government were forced to apply the brakes to this Bill to avoid defeat in your Lordships’ House on 5 November, but instead of using that pause to think again, they left the Bill unamended, with its chilling effect on democracy. I am sure that that is not what the noble Lord, Lord Ramsbotham, expected when he withdrew his Motion for a longer pause. He said that he hoped the Minister would exercise flexibility, and that if, when the consultation gets under way, it cannot be done in time, consideration should be given to pushing the Committee days further back to enable proper examination. Today, the noble Lord, Lord Ramsbotham, has used the word “disappointed”. It is not delay we seek, unless perhaps to the Report stage if we are not to agree the amendments in advance. What we want is a proper response from the Government before they push on with this ill judged and ill thought-out legislation: the wrong Bill aimed at the wrong target and in the wrong way.
There are two major problems with the Bill. The Royal Society for the Protection of Birds has said clearly that,
“the political voice of a charity is an important contribution to our democracy and enhances the work of Parliament”,
but that the Bill remains incompatible with that role. That is a serious allegation. By seeking to introduce detailed restrictions to the work of the third sector, the Government do not achieve transparency but instead engender fear. That is, I think, because they understand nothing about what voluntary organisations do and how they help those whose interests they represent.
As I have said, I am a trustee of the Beatrice Webb Memorial Trust, and we should remember what that great lady did after she wrote the minority report on the Poor Law. She campaigned vigorously for its findings to be adopted, and of course she had to campaign against a Government. As a result of her campaigning, society and politicians listened and learnt. They stopped blaming the poor for their poverty and they set about implementing policies to prevent poverty and to care for the sick, the old, the disabled and the workless. I will ask the Minister: how much of what Beatrice Webb did would be ruled out by this Bill?
Our fundamental rights of freedom of speech and freedom of assembly are crucial to democracy. We tend to take them for granted because we are free to speak out, organise, march and protest. The stated intention of the Government is simply to stop wealthy individuals having an undue influence on the outcome of an election. Hurrah to that, because democracy must not be for sale, but, as Georgette Mulheir, about whom we have already heard and who worked on the
commission chaired by the noble and right reverend Lord, Lord Harries, pointed out, we in this House must find ways to ensure that that intent of the Government does not have the effect of curtailing the human rights of citizens to freedom of speech, assembly and participation.
Georgette Mulheir is not alone in worrying about this. The BMA is worried about how it could raise concerns and seek to influence public policy for a whole year. It thinks that the Bill could have unintended consequences for apolitical bodies, restricting routine activity on public policy.
What is the reason for the Bill? Is it about Sheffield Hallam? When the Minister comes to reply, perhaps he can he confirm my interpretation—