A coalition of 24 charities, led by NCVO, have written to Cabinet Office minister Chloe Smith, warning that proposals in the lobbying and transparency bill will curtail charities from speaking out on issues affecting the people and causes they support.
NCVO has also instructed a QC to provide advice on the proposed rules which it fears could catch out charities and community groups campaigning on bipartisan issues in the lead-up to an election.
The umbrella body says the government is at risk of inadvertently making charities and community groups “collateral damage” in its efforts to regulate election campaigning. The letter is supported by charities including the Royal British Legion, Countryside Alliance, RNIB, Oxfam and Help the Hospices.
The Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill makes some key changes to the regulation of campaigning by non-party organisations for 'election purposes' in the year before a general election. Breaching them would be a criminal offence.
The bill does not significantly alter the test of what is an election purpose, however, it dramatically widens the scope of activities that are caught.
It also slashes the spending limit for third-party campaigners to £390,000 and widens the list of costs included in expenditure limits. Unlike political parties, staff time has to be allocated for all activities including media activity, transport and events. Presently only costs of election-directed material, and leaflets and adverts are regulated.
A NCVO spokesman said: “Charities’ normal work and publications may suddenly become subject to regulation in the period before an election. A community group that campaigned in favour of or against a local bypass road proposal, or on local health services, could become subject to the rules.
“Under the rules, if a charity or community group expressed its view on an issue, even though it must be party politically neutral under charity law, it could still be deemed to have had the effect of supporting a party or candidate’s election campaign. They would then be subject to the demands of regulation which could dramatically limit their work.”
Earlier this week a top charity lawyer told civilsociety.co.uk that the proposals could be in breach of the Human Rights Act.
Sir Stuart Etherington, chief executive of NCVO, said:
“The Cabinet Office tell us that charities’ normal work shouldn’t be caught by these rules but it seems to us that there is a large and murky area of uncertainty. We urgently need clarity to prevent charities and community groups from becoming collateral damage in the government’s efforts to regulate political campaigns.”
To see the full letter to Chloe Smith click here.
