My Lords, I will speak also to Amendment 170K. Both amendments introduce new clauses into the Bill. Amendment 170J introduces a requirement on the Electoral Commission to publish guidelines for the assistance of third parties to ensure that they comply with the provisions of the Bill, when it is enacted. I understand that it would be normal for the commission to provide such guidance, but subsection (1) of the proposed new clause requires publication to be:
“As soon as is reasonably practicable after the passing of this Act”.
That provision recognises that the commission may not be able to prepare such guidance until the final version of the legislation is known.
Unlike many pieces of legislation where one might be able to prepare guidelines in anticipation of enactment, the Bill has a number of issues of uncertainty. There remains a considerable amount of uncertainty about the final provisions of the Bill in view of the extent of the opposition to different clauses and the commitment by the Government—which is welcome—to come back on Report with amendments. The Government’s response to the report from the Commission on Civil Society and Democratic Engagement is also awaited. Until all of that is known it would not be sensible to embark on preparing guidelines because one might ultimately be dealing with different provisions. It would be a waste of resources to commence work until the picture was much clearer.
Subsection (2) of the proposed new clause thereafter allows a period of three months after the publication of the guidance to enable recognised third parties to put in place procedures necessary to ensure that they comply with the Act’s provisions. It is clear from the discussion in Committee that there will undoubtedly be a bureaucratic burden on third parties. Once the guidelines are known, the procedures might well involve the recruitment and training of staff. It will certainly involve administrative procedures, including measures for recording and monitoring expenditure on a constituency basis—if the constituency provisions come in—and it will involve procedures for making returns, including weekly ones, as mentioned by my noble and right reverend friend Lord Harries of Pentregarth.
We should not underestimate the huge bureaucratic burden imposed on small organisations by this legislation. It is appropriate that, if this legislation is to work, they should be given a reasonable period to make arrangements to enable them to comply, particularly as a failure to comply will expose them to criminal conviction and sanction.
I recognise that by furthering this approach, one might well be encroaching into the year before the election. Subsections (3) and (4) of the proposed new clause are my attempt to address that difficulty. They provide, in that eventuality, for the regulated period to be reduced below the 365 days before the next election. Their effect is to reduce the period and to reduce the maximum amount of allowable expenditure in proportion to the amount of the year that is left.
The provisions of my proposed new clause are fair and reasonable. They will not prevent the Bill, when enacted, having effect prior to the next election, if that is the will of Parliament. However, I recognise, having regard to other possible approaches, that the new clause will be unnecessary if the relevant period is reduced to, say, six months, which other noble Lords suggested. However, it is lodged in anticipation that the period will remain at one year.
The second proposed new clause is in Amendment 170K. It would ensure that the Government recognise—as I am sure that they do—the significant additional burden that the Bill would impose upon the Electoral Commission. This is reflected in the various new provisions, requiring guidance, monitoring and enforcement, particularly if the commission has to monitor and enforce contemporaneously the provisions on constituency expenditure. I referred to my concerns about that when opposing the Question that Clause 28 should stand part of the Bill, and I do not intend to repeat them here.
In addition those concerns, I anticipate that if we are in the realms of monitoring constituency expenditure and taking contemporaneous action, and stopping campaign groups or whatever from doing particular things in the course of an election, there will be a great increase in the work of the courts in the form of judicial review. Some campaign groups will just not accept the decision of the commission and will challenge its action. Has provision been made for that eventuality by the Government in making some allowance for the commission to resist such actions, should they arise?
There will be an added burden on the commission’s resources due to the time constraints occasioned by the history of the Bill. Many noble Lords expressed concern about this at Second Reading. Again, it is unnecessary to repeat those concerns today. Suffice it to say that the limited consultation and the short period of time available before the general election, coupled with the 365-day relevant period, combine to impose additional pressures on the commission’s staff to produce guidelines that will be effective within a very short timescale.
Of necessity, that will involve the commission in expenditure that could have been avoided, or at least reduced, if the Government had followed a different course. The commission should not bear that cost or the additional cost of monitoring and enforcement.
This clause seeks to ensure that they do not do so. There is no point in passing the Bill if the Government will not give a commitment to provide adequate resources to those who are charged with the responsibility of regulating and enforcing the regime that the Bill introduces. I beg to move.
4.45 pm