Elections Bill undermines charities’ ability to campaign, peers warn

Charity

Measures in the Elections Bill will undermine charities’ ability to campaign and increase the regulatory burden upon them, peers have heard.

In a debate about the legislation in the House of Lords, several peers expressed concerns that the legislation would negatively affect charities’ campaigning activities.

The Elections Bill, which covers matters relating to the running of UK elections and areas including the functions of the Electoral Commission and the regulation of political expenditure, has already completed its passage through the House of Commons, and was debated at its second reading in the House of Lords last week.

The Labour peer Baroness Hayman of Ullock said that part four of the bill amended existing rules that place limits on election campaign spending and funding, with proposals to change the rules on non-party campaigning.

“This will undermine the ability of civil society organisations, charities and trade unions to engage and campaign in our democracy,” she said.

“In a free and open democracy, elected governments are scrutinised by opposition parties and civil society.

“That is part of what makes our democracy healthy. The freedom for civil society to do this and to hold those in power to account is a sign of a strong democracy.”

The crossbench peer Baroness Prashar said the bill would affect charities’ ability to take part in pre-election debates and place a higher regulatory burden on them, “limiting benefits to electoral integrity”.

She said: “The National Council for Voluntary Organisations has argued that the Electoral Commission’s guidance covers the relevant issues relating to third-party campaigners and that this legislation will set back that progress.”

The Labour peer Lord Sikka said: “The ability of trade unions and civil society organisations to engage and campaign is vital to the renewal of democracy and to enabling the voices of people who are marginalised and silenced to be heard. This bill silences them.”

The Cabinet Office minister Lord True, who is leading the bill in the Lords on behalf of the government, said charities would be subject to “lighter-touch regulation” in line with their campaign spending.

“Charities and third-party campaigners subject to the lower-tier expenditure limits will be subject to lighter-touch regulation proportionate to smaller campaign spend,” he said.

“They will not be subject to spending return requirements and donation reporting controls. This will ensure minimal regulatory burden for campaigners in scope.

“That said, it is completely reasonable to expect organisations spending significant amounts of money campaigning in our elections to follow rules and report their activity, even where they are regulated for other purposes.”

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