Electoral Commission urged to explain opposition to Lobbying Act reform 

16 Oct 2017 News

Charity representative bodies have written to the chief executive of the Electoral Commission to ask why it opposed changes to the Lobbying Act that were recommended by Lord Hodgson. 

The chief executives of NCVO, Acevo and Bond have written to Claire Basset, chief executive of the Electoral Commission today asking for clarification on the proposed changes that it objects to. 

In September, after charities had presented evidence of how the act had deterred charities from campaigning during the 2017 election and called for urgent amendments, the Cabinet Office said it had no plans to amend the Act. It was suggested that lack of space in the legislative programme was the problem.

The Lobbying Act was introduced in 2014 and Hodgson was appointed to review how it worked after the 2015 General Election. Hodgson’s review, which was completed in March 2016, recommended a number of major changes including scrapping the “purpose test” which means that any activity which appears intended to influence elections could be caught by the act. Other recommendations include reducing the regulated period from one year to four months. 

Hodgson's conclusions were backed by a House of Lords committee on charities, which reported earlier this year. 

Charities said that having met with the minister for the constitution, Chris Skidmore, and the minister for civil society, Tracey Crouch, they understood that the Electoral Commission held objections to some of proposed changes.

‘Open conversation’

NCVO, Acevo and Bond said that they wanted to have an “open conversation” about reform to the rules.

In the letter they wrote: “We understand that as the body charged with enforcing the rules you may have a different view about some of the changes proposed, but we are aware that the Electoral Commission itself has found some parts of the Act to be a challenge to implement and enforce.

“It would therefore be helpful if you could clarify in detail what specific changes to the rules the Electoral Commission is opposed to, and on what grounds. That would not only mean that we have a better understanding of our respective positions, but it could also enable an open conversation about possible solutions moving forward.” 

‘Extremely disappointed’ 

The three chief executives said that they were disappointed with the Electoral Commission’s position and urged it to respond quickly.  

Sir Stuart Etherington, chief executive of NCVO, said: “We are extremely disappointed by the Commission’s position. What’s needed is an open conversation about how the rules on non-party campaigning can be changed so they meet their objective of ensuring fair elections.

“There is consistent evidence that the law has a detrimental impact on the ability and willingness of the voluntary sector to speak out.  We need prompt answers from the Electoral Commission so that we can get that discussion underway.”

Vicky Browning, chief executive of Acevo, said: “The concerns raised by the Electoral Commission were a key factor in the Cabinet Office’s decision to reject Lord Hodgson’s reforms of the Lobbying Act. But it is not evident what these concerns are. The cross-party Lords Select Committee on Charities is clear on why it supports the reforms. We need to know why the Commission does not.”

Tamsyn Barton, chief executive of Bond, said: “The Lobbying Act has silenced the charity sector and the impact of this cannot be solved by the Electoral Commission simply attempting to clarify the rules.

“The rules are not only confusing, they are unworkable. The only way to address this deplorable situation is to allow charities to be able to continue the important campaigning work they do on issues that affect the most vulnerable and marginalised people in society, both here and globally.

“This means implementing Lord Hodgson’s recommendations.”

Electoral Commission response 

An Electoral Commission spokesperson said: “Last October we published our formal response to Lord Hodgson’s recommendations supporting the majority of its recommendations. There were some areas where we had concerns and urged further consideration. Now it has been indicated that there will be no legislative reform to the rules, the government and others - ourselves included - must look for ways to work with campaigners to address inaccurate perceptions of the legislation so that charities and other third sector organisations can confidently continue their campaigning work.

“Charities and other non-party campaigners are vital to a healthy democracy and, as a society, we must encourage their active participation during, as well as outside of, election campaign periods. The non-party campaigner rules have been in place since 2000 and they do not prevent third parties from campaigning or engaging in public debate.”


Editor's note: This article was updated at 5pm on 16 October to include comment from the Electoral Commission


 

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