It seems we have all been victims of a Parliamentary stitch-up.
Everyone who was getting hot under the collar last week, because the Transparency of Lobbying, non-Party Campaigning, and Trade Union Administration Bill seemed to be attacking the fair and proper work of charities and other organisations, probably breathed a sigh of relief when the government announced it would scrap plans to change the way campaign spending is defined.
The Bill would have restricted any charitable campaigning which “enhances the standing of parties or candidates”, in the full year before an election, to £390,000. That’s a 70 per cent cut – plus it would now include staff costs.
The BBC reported that Andrew Lansley has tabled a series of amendments, including one reverting to the wording set out in existing legislation, defining controlled expenditure as any “which can reasonably be regarded as intended to promote or procure electoral success”.
What the BBC does not say, but is clarified in the government press release, is that “the Bill will still bring down the national spending limit for third parties, introduce constituency spending limits and extend the definition of controlled expenditure to cover more than just election material, to include rallies, transport and press conferences“.
In other words, this is a very minor change. Spending is still restricted during election years (and almost every year is an election year); the work of trade unions will be savaged – in a country that already has the most savage anti-union laws in Europe; and all organisations will still have to watch what they say about anything which might be considered an election issue.
Want to campaign to protect the NHS, introduce fair taxation, fight poverty, improve public health or education, reform the financial sector or civil liberties, or fight the privatisation agenda? Then your budget will be scrutinised and you may not go over. And don’t forget there will be limits on spending within constituencies.
This still means that smaller organisations will enjoy greater influence than larger ones and – perhaps most telling of all – it does not clarify the position with regard to the corporate media. Will the mainstream press be curtailed? Rupert Murdoch’s News Corp UK and the Daily Mail Group spend far more than £390,000 every day, and on material that absolutely is “intended to promote or procure electoral success” – for the Conservative Party. Does anybody seriously believe the Tories will enforce action against their supporters?
One tangential element that this does clarify is the BBC’s political stance. Its story makes no mention of the more-than-100 other amendments that have been proposed for the Bill – possibly because they were put forward by MPs who aren’t in the government. Nor does it mention any of the technicalities that water down yesterday’s announcement. Instead, the BBC presents it as a victory for charities, who are getting everything they want. They aren’t.
It’s another Tory ‘bait-and-switch’ trick.
Doubly so, in fact, because this little circus has diverted attention away from the other aspects of the Bill – its clampdown on trade unions and the fact that it does almost nothing to address lobbying, which was supposed to be its reason for existing in the first place!
Joint co-operation between various trade unions will be made more difficult – to such an extent that the Trade Union Congress will effectively be banned in election years (meaning almost every year).
All unions with more than 10,000 members will have to submit an annual ‘Membership Audit Certificate’ to the Certification Officer in addition to the annual return which they already make. The Certification Officer will have the power to require production of ‘relevant’ documents, including membership records and even private correspondence. What is the rationale for these draconian provisions when not a single complaint has been made to the Certification Officer about these matters?
Is the real motive behind this section of the bill to help employers mount injunction proceedings when union members have voted for industrial action, by seizing on minor if not minuscule flaws which the Court of Appeal would previously have considered ‘de minimis’ or ‘accidental’? Isn’t this about inserting yet further minute technical or bureaucratic obstacles or hurdles in the path of trade unions carrying out their perfectly proper and legitimate activities?
And what about the potentional for ‘blacklisting’? If union membership records are to be made publicly available, as seems the case, then it will be possible for businesses to single out job applicants who are union members and refuse them work.
And then we come to the matter of lobbying itself.
This Bill still does not do what it is supposed to do. A register of consultant lobbyists is not adequate to the task and would not have prevented any of the major lobbying scandals in which David Cameron has been embroiled.
Practically all forms of lobbying, including direct donations to political parties by corporate and private interests, will remain totally unaffected by the legislation and corporations could sidestep it easily, simply by bringing their lobbying operations “in house”.
No less than 80 per cent of lobbying activity will not be covered by the bill – and it must be amended to cover this percentage. The only lobbyists that will be affected are registered lobbying agencies, who will presumably suffer large losses as their clients leave. Perhaps the real aim of this part of the bill is to stop lobbying from organisations that don’t have enough money to make it worth the government’s while?
How does this bill prevent wealthy individuals and corporations from buying political influence through party political donations – direct donations to MPs who then coincidentally vote in ways beneficial to their donors – or directly to political parties, such as David Cameron’s “The Leaders Group”?
How will it stop paid lobbyists like David Cameron’s election adviser Lynton Crosby from having influential roles in politics?
How will it stop people with significant lobbying interests, like George Osborne’s father-in-law David Howell, being appointed as advisers and ministers in areas where they have blatant conflicts of interests with their lobbying activities?
How will it increase transparency when it comes to which organisations have been lobbying which politicians on particular issues?
Nor will it stop lobbyists targeting ministers’ political advisers (SPADs), as was witnessed in the Jeremy Hunt Sky TV affair.
Or prevent corporate interests being invited to actually write government legislation on their behalf – for example the ‘big four’ accountancy firms, who run many tax avoidance schemes, actually write UK law on tax avoidance.
An adequate register would cover all of the above, including details of all non-Parliamentary representatives seeking to influence members of the government, how much they paid for the privilege, and what they expected to get for their money.
Then we will have transparency.