An article by my new Policy Officer - George Bangham
Adversity makes strange bedfellows. The old proverb isn’t wrong. In the
ongoing debate on the lobbying bill which continues in the House of Lords
today, the alliances formed to defend civil society’s free speech have ranged
from the strange to the downright improbable.
What else would cause the Lancashire Badger Group and the Countryside
Alliance, or the Christian Institute and National Secular Society, to work
together in public? Where else would the TUC join with lobbying industry bodies
in
mutual outrage?
This scale of opposition is rare. This week, the Lords should seize their
opportunity to make the bill fit for purpose.
When the lobbying bill entered parliament, one day before summer recess, it
was expected just to regulate corporate lobbying, as the public wanted.
Lobbying is by no means intrinsically bad, but as David Cameron himself
admitted
in February 2010, it was ‘the next big scandal’ that promised to weaken the
public’s trust in politics.
Cameron’s response at the time was sensible enough. He called it “absurd
that a tiny percentage of the population craft legislation that will apply to
one hundred per cent of the population. Instead of locking people out of this
process… we need to invite them in.” Many were pleased at the time, thinking
ideas like a public reading stage for bills might actually improve the public’s
view of politics. How far we have come since the election.
Far from being the grand restorer of public trust in politicians and
lobbyists, the lobbying bill has been decried by MPs as not worthy even of a
‘dog’s breakfast’. It has swept any meaningful action on lobbying under the
carpet, and further privileges the voices of political parties and the media in
pre-election debates. This is particularly short-sighted at a time when some
charities count members in their millions, while no political party has more
than 200,000.
The bill’s second part profoundly threatens the freedom of speech of
charities and campaigners in the year before a general election. Clause 26,
which decides whether part 2 covers a given organisation, widens the type of
spending civil society groups must register with the Electoral Commission in
the year before an election. Unlike the equivalent registration threshold for
political parties – who spent over ten times more than civil society in 2010 –
it includes all staff costs and many conferences and public events. The
rest of part 2 then heavily reduces the national allowance by 60%, and only 2%
of this may be spent in one constituency.
Baroness Jay concluded last week, for the Constitutional Reform Committee,
that these spending limits leave them “concerned about the restrictions on
[civil society’s] right to freedom of political speech”. She added that “this
constitutional right should only be interfered with where there is clear
justification for doing so.” The only evidence offered for part 2 was “a
perception of a lack of transparency” in non-party campaigning – this is not
enough justification.
However outrageous the Bill may seem, however, I hope it will open up
several long-overdue debates about our country’s democracy in the coming
century.
First, we cannot allow even popular governments to force through
constitutional legislation without even trying to consult the public or carry
out pre-legislative scrutiny. Graham Allen MP was right to point out that
“parliament has been disrespected; parliament has been abused.” Groups like 38
Degrees greatly increase the number of politically-engaged voters, who
government must keep onside for laws to be credible.
This week, this principle means the Lords must listen to the report of the
Commission on Civil Society and
Democracy, an alliance of over 50 civil society groups chaired by Lord
Harries (former Bishop of Oxford). It will publish the findings of its national
consultation next week, which has been an excellent replacement for public
consultation in such limited time.
Second, our country needs to ask how we enable charities and campaigners to
speak for their beneficiaries – who usually have little other democratic voice
– without being marginalised by political parties and the media. It is telling
that even the Commission on Civil Society, whose signatories represent millions
of UK voters, has received little media coverage. This week, peers should
oppose lowering the spending threshold for civil society groups.
Lastly, we must still argue the case to truly ‘keep big money out of
politics’. The government has not demonstrated why they should limit the voice
of civil society – where millions of people donate a few pounds each to a cause
– while leaving areas like party funding and corporate lobbying untouched.
These areas are where unaccountable millions of pounds influence our politics,
not charities.
This leaves the lobbying bill both a grave threat and an opportunity. In the
short term, part 2 must be properly amended to disarm its attack on civil
society, by rewriting clause 26 and increasing the spending thresholds in
clause 27. This is also a good time to start debating other, important
questions of democratic representation.
In the run-up to 2015, the bill offers a golden opportunity to any party
which offers to repeal it and write a proper one in its place. That, at least,
shouldn’t be too hard.