I understand the point that the noble Lord is making, and I think he shares my anxiety that, at this very late stage, there is not a clear indication of how that might happen. As he will know better than me having contested even more elections than I have, and with greater success of course—I had a few at council level that were more successful—in the heat of a campaign it is going to be very difficult for any organisation to adjudicate on these matters, be it the Electoral Commission or anyone else. I am afraid that this is a fact of life. It is one of the reasons that I referred to some problems that will undoubtedly occur at the latter stage of an election campaign. I am not sure whether the noble Lord was in his usual place then.
4.30 pm
If there is a simple answer to this apparently minor problem, then it begs the question of why we are having such a big argument today with those who are publishing full-page newspaper advertisements on this subject. That is very curious indeed. If there is not a clear answer, then it still must be a legitimate concern of legitimate campaigners. Even now, a little movement on the Government’s side could significantly reassure campaigners while not in any way undermining the purpose of the Bill. I therefore look forward to hearing my noble and learned friend the Minister’s response to this short debate.
In the mean time, I must observe in conclusion that anyone who still refers to this Bill as a “gagging Bill” must surely have ignored all the improvements that have been made to it, not least by my noble friends on the Front Bench and, if I may say so, by the noble and right reverend Lord, Lord Harries, and his commission. There are also the improvements that have been made by your Lordships’ House. If being required in the interests of transparency and accountability to demonstrate whether, along with an intention to promote or procure the electoral success of a candidate or party, you are spending a substantial sum of money is still thought to be gagging you, then we may well ask, “What are you trying to hide?”.
I regret very much that we have reached this stage and that there is still some confusion on this relatively minor issue, but I look forward with interest to hearing my noble and learned friend’s response.