Tag Archives: gagginglaw

If you’re a small community campaign, the #gagginglaw will affect you.

Save Totley LibraryI’m annoyed that I’m starting to sound like a stuck record on this blog, but I feel the need to go back to the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill again because of a potentially explosive confusion that has arisen.

Earlier today Joe Otten, a Lib Dem Sheffield Councillor, made the following claim on this blog:

No James, the Totley library campaign is not partisan, and the rules in the transparency of lobbying bill (and equally PPERA) do not apply to it. It is blatant scaremongering to suggest otherwise.

Now, I don’t claim any special knowledge of the Totley library campaign. No doubt the Labour council are claiming they have to shut it down due to central government cuts and the Lib Dems are claiming that it is solely closing because of Labour irresponsibility and opportunism. Whatever. But the argument that the bill won’t apply to such campaigns is dangerously misleading. I make no claim as to whether Otten is spinning here or has been spun to by his constituency MP Nick Clegg’s office, but either way it’s utterly fallacious.

The clue is somewhat in the name of the bill: “non-party campaigning”. “Partisan” campaigning is covered by the Political Parties, Elections and Referendums Act. The reason this bill has been introduced in the first place is that the coalition feels, in its wisdom, that non-party campaigns have been poorly regulated, and are seeking to change that.

Here are the various ways in which the bill will directly impact any small local campaign:

  • The minimum threshold that a local campaign can spend before coming under the auspices of the legislation is being cut from £10,000 to £5,000. That will include any in kind or pro bono work (such as legal advice) donated to it.
  • A new per-constituency limit of £9,480 (or, more precisely, 2% of the party spending limit, divided up on a per-constituency basis) is being introduced.
  • If your campaign is in a coalition with another organisation (for example, you are supported by a trade union), the spending limit will apply to all the organisations in the coalition in aggregate. In other words, if your coalition partner(s) spends any money at all in the constituency, your own spending limit will be reduced accordingly.
  • The regulated period will apply for 12 months before an election takes place. So, for the 2015 general election, it will commence in May 2014.
  • Once parliament has dissolved and the “short” election campaign itself has commenced, your group will have to submit weekly spending and donation reports to the Electoral Commission.

All of which is all very well, but will it apply to a non-political grassroots campaign that explicitly doesn’t support any candidate?

Well, it all depends on whether it is deemed that your campaign has a significant effect on the election or not. Fundamentally, that will all depend on how successful your campaign is. Campaigns that are deemed to not put politicians under any pressure will have, of course, little to worry about. Most campaigns however, at least aim to make an impact. And if you do, while the distinction in your mind between publicly criticising a councillor or MP for failing to support your issue and calling for people to not vote for a councillor or MP for failing to support your issue might be clear in your mind, it won’t necessarily be quite so clear in the mind of the solicitor the candidate your are criticising has paid to write you a stern and threatening legal letter. The Electoral Commission, who will be the ultimate arbiters of this legislation, have themselves repeatedly warned that it is too vague to be enforced.

There’s a bit more to it than that – especially if you are based in Scotland or Wales – but in a nutshell that’s why all small grasssroots community organisations ought to be concerned about this bill and the fact that it is being forced through parliament with so little scrutiny (the brief “pause” the government have reluctantly been forced to now observe is little more than a bit of breathing space really). If you want to know more, don’t trust me but go to the website of the National Campaign for Voluntary Organisations, who have a useful list of resources.

Of course, take everything you hear from people with a grain of salt. The nature of campaigning is that the rhetoric is often quite shrill. But if your Lib Dem or Conservative councillor tells you that it doesn’t effect you at all, they are either lying or have themselves been deeply mislead.

Remind me how the gagging law will prevent a UK “Koch Brothers” again?

UKIP Billboard from 2004One of the common arguments by the supporters of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill is that it will prevent the UK equivalent of the Koch Brothers from being able to buy the political process for their own nefarious ends.

So it is with good timing that Paul Sykes has re-emerged, promising to do “whatever it takes” to get UKIP to become the largest UK political party in the European Parliament after the elections next year.

Paul Sykes, for those with short memories, was a Conservative donor who switched sides in the early noughties. The billboard campaign he funded in 2004 had a direct effect on the result, in which UKIP leapt from 3 MEPs to 12. Even without his intervention, it was looking distinctly possible that UKIP could become the largest party in 2014, with the Tories’ popularity being dented due to being in government, and the BNP collapsing. Now it is looking like a very real prospect indeed.

This sort of intervention by a Eurosceptic millionaire is hardly a new thing in British politics; it’s been an ongoing saga since the Maastricht debate shot Europe up the political agenda 20 years ago. And while it’s true that they have occasionally dipped their toes into non-party campaigning with causes such as the disastrous (in terms of its impact compared to the amount of money that was reportedly spent on it) IWantAReferendum.com, they have predominantly sought to exert their influence via political parties rather than pressure groups.

All of which makes shroud-waving about what might happen when “Koch UK land here” seem rather odd; their tanks are already on our lawn. The policy solution is of course to limit what individual’s can donate to political parties, an issue which the coalition paid lip service to but have now walked away from even after we saw progress made on alternative, revenue-neutral funding mechanisms and the Labour Party shifted ground significantly in terms of their own trade union-led opposition to the idea.

Gratifyingly the government have now – for a short period at least – agreed to pause the legislative process, to allow more time for ministers to listen to the concerns of civic society organisations. We can thank organisations such as 38 Degrees for helping to win that respite. Hopefully it will lead to meaningful engagement and at least some of the scrutiny that the bill should have got before being read in parliament. Optimistically, it might even lead to a more robust legislative framework to regulate the role third parties can play in elections. But be under no illusion whatsoever that it will do a thing to remove the dominance millionaires have over the UK political system.