Sir Stephen Bubb, chief executive of Acevo, has criticised the Electoral Commission’s guidance on the Lobbying Act, calling on the regulator to “sort this regrettable mess out”.
Last month the Electoral Commission published 292 pages of guidance on the Transparency of Lobbying, Non Party Campaigning and Trade Union Administration Act 2014.
The Act introduces new rules, which come into force on 19 September, expanding the current regime regulating spending by non-party campaigners in the run-up to elections. It limits spending on a wider range of campaigning activities that could be seen as intending to influence voters at an election.
On Tuesday the Electoral Commission met with with more than 100 charities, including the chief executives body, to discuss the guidance.
Acevo said it was a “heated exchange” and that the regulator tried, but failed to clarify the guidance. It warned that the Lobbying Act, which gained royal assent in January, was “in danger of unravelling” because the guidance does not clarify the law.
Calls for clarity
Bubb said in a statement: “Charities and campaigners feel let down by ministers who promised their normal campaigning would be unaffected. We were told that government wanted more transparency and not to limit charities’ ability to speak out in public.
“Now the Electoral Commission’s guidance leaves charities, social enterprises and campaign groups none the wiser as to how to avoid criminal prosecution around some areas of the law.
“The Prime Minister David Cameron told me that it is vital that information about the act is not misleading. I agree with him; a law that places such severe restrictions on our freedom of speech should not be left to chance. It is critical that they sort this regrettable mess out and give us the clarity we need immediately.”
Charities and voluntary groups fought against the lobbying act as it passed through Parliament, labelling it a ‘gagging law’ that will have a chilling effect on campaigning.
Bubb said he received assurances from Cameron in February that the act would not affect the majority of charities.
But legal advice obtained by Acevo, Bond, the UK membership body for international development organisations, and the campaign group 38 Degrees, suggests the guidance creates uncertainties for charities and campaigners as they go about their normal work that will place huge burdens on local campaigns and community groups.
Uncertainties persist
The charity law firm Bates Wells Braithwaite has also raised concerns that uncertainty around the act continues despite the Electoral Commission’s guidance.
Simon Steeden, a partner at the firm and a non-executive director of Friends of the Earth, said the guidance was not in line with assurances from ministers that the normal campaigning activities of charities will not be restricted by the controversial legislation.
Responding to Acevo's concerns, an Electoral Commission spokesperson said: “We have produced a range of guidance for campaigners to help them both understand the law and what they need to do to comply with it. We are also running webinars and attending meetings to help potential campaigners understand the rules.
“Our guidance includes introductory documents for those not sure if they’re affected by the rules to more detailed guidance aimed at those organisations that will be campaigning ahead of the next general election.
“It’s a comprehensive package designed to take into account varying organisation’s needs, from charities and faith groups to trade unions and business bodies, with examples for them to consider.
“It also reflects the detail that many of these organisations told us they would find helpful when we asked them this in a survey before we produced the guidance. We have also worked with the UK’s charity regulators to create guidance aimed specifically at charities.”
