Does anyone support the coalition's lobbying bill?

The coalition has succeeded in uniting the TUC, the Taxpayers' Alliance, Labour List, ConservativeHome, Caroline Lucas and Zac Goldsmith against the legislation.

With remarkable ineptitude, the government has succeeded in uniting an extraordinary coalition of political interests against its lobbying bill. Both the left and the right are concerned that the bill (which covers just 1% of lobbying activity) will gag charities, NGOs, think-tanks, trade unions, blogs and other groups by imposing new spending limits on political campaigning in the year before a general election and redefining as electoral activity anything that could affect the outcome of an election (such as criticism of government policy) even if it not intended to do so.

Any organisation that spends more than £5,000 and that engages in political campaigning will be forced to register with the Electoral Commission (with all the accompanying bureaucracy) or or face being shut down. 

As I explain in my politics column in this week's NS, the bill is primarily intended as an assault on trade union funding (Unison was the largest third-party spender in 2010).

 Masterminded by George Osborne, the legislation is designed as a pre-election gift to Tory candidates who have long complained about the union-funded phone banks, leaflets and adverts enjoyed by their Labour counterparts. The bill will reduce the total cap on third-party expenditure in the year before a general election from £989,000 to £390,000 and the cap on constituency spending to £9,750 and broaden the definition of spending to include staff time and office costs, rather than merely the "marginal cost" of leaflets and other materials.

Behind the legalese, the implications are dramatic. The TUC has warned that it could be forced to cancel its 2014 annual congress and any national demonstrations in the 12 months before the next election to avoid breaching the spending limit. 

But so sloppy was the drafting of the bill (ominously for the coalition, it is being piloted by former health secretary Andrew Lansley) that it's far from just trade unions that are concerned. While the government is still likely to pass the legislation in time for the 2015 election, it will now likely only do so by making significant amendments.

Here are some members of the eclectic coalition demanding immediate changes. 

Zac Goldsmith

Douglas Carswell

Ed Miliband 

Caroline Lucas

Guido Fawkes

Labour List

"This whole bill is a brutal attack on free speech and the ability of any group that isn’t a political party to campaign. It utterly destroys any argument that Cameron truly wants to see a Big Society – and it’ll crush those who want to see a real political debate about issues that matter at election time."

ConservativeHome

"The Bill is so loose in its language and so vague in its drafting that anyone who spends over £5,000 on anything that can be in any way said to potentially affect an election will be caught up in the rules it lays out."

The Taxpayers' Alliance

"The bill is a serious threat to independent politics that will stifle free and open democratic debate."

38 Degrees

"The proposed gagging law would have a chilling effect on British democracy and our right to speak up on issues that matter to us."

Greenpeace

"The most pernicious assault on campaign groups in living memory."

TUC general secretary Frances O'Grady

"It's an open secret at Westminster that this rushed Bill has nothing to do with cleaning up lobbying or getting big money out of politics. Instead it is a crude and politically partisan attack on trade unions, particularly those who affiliate to the Labour Party.

"But it has been drawn so widely that its chilling effect will be to shut down dissent for the year before an election. No organisation that criticises a government policy will be able to overdraw their limited ration of dissent without fearing a visit from the police.

"Of course not everyone agrees with TUC views and policies, but I expect there to be wide revulsion at this attack on free speech worthy of an authoritarian dictatorship. This will not just gag unions, but any group or organisation that disagrees with government - or opposition - policies."

The British Medical Association

"The new rules are complicated and will create uncertainty for organisations trying to comply. Worryingly, there are fears the Bill could affect the ability of organisations to speak out. Given all the recent reviews that have taken place in the NHS about patient safety, it would be very regressive if organisations were unable speak out about poor care in the run-up to an election.

"Needless to say, if the Bill is passed, its impact could be deeply disturbing, especially as it raises concerns about what this would mean for freedom of expression — and it is hard to see how that would benefit democracy."

Helen Mountfield QC, Matrix legal chambers 

"This uncertainty about what the law requires is likely to have a chilling effect on freedom of expression, by putting small organisations and their trustees/directors in fear of criminal penalty if they speak out on matters of public interest and concern."

National Council for Voluntary Organisations

"At the moment you have to intend to influence an election to be in trouble. But the wording is being changed to ‘if you have the effect’ of influencing an election. What is really dangerous about this is that you may not intend to influence the outcome of a local election — yet the punishment is you could go to prison. We think this legislation will make people frightened of speaking out."

The Electoral Commission

"The Bill both widens the scope of the current rules on non-party campaigning that affects parties and groups of candidates, and imposes some additional controls on such campaigning. In our view, as drafted, the Bill raises some significant issues of workability that you may wish to explore at Second Reading.

Areas that you may wish to focus on in particular include that:

• the Bill creates significant regulatory uncertainty for large and small organisations that campaign on, or even discuss, public policy issues in the year before the next general election, and imposes significant new burdens on such organisations 

• the Bill effectively gives the Electoral Commission a wide discretion to interpret what activity will be regulated as political campaigning. It is likely that some of our readings of the law will be contentious and challenged, creating more uncertainty for those affected. While we as the independent regulator should be free to decide when the rules have been broken, and how to deal with breaches of the rules, we do not think it is appropriate for us to have a wide discretion over what activity is covered by the rules

• some of the new controls in the Bill may in practice be impossible to enforce, and it is important that Parliament considers what the changes will achieve in reality, and balances this against the new burdens imposed by the Bill on campaigners."

David Cameron with Leader of the House of Commons Andrew Lansley, who is piloting the lobbying bill through parliament. Photograph: Getty Images.

George Eaton is political editor of the New Statesman.

Getty Images.
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Sadiq Khan gives Jeremy Corbyn's supporters a lesson on power

The London mayor doused the Labour conference with cold electoral truths. 

There was just one message that Sadiq Khan wanted Labour to take from his conference speech: we need to be “in power”. The party’s most senior elected politician hammered this theme as relentlessly as his “son of a bus driver” line. His obsessive emphasis on “power” (used 38 times) showed how far he fears his party is from office and how misguided he believes Jeremy Corbyn’s supporters are.

Khan arrived on stage to a presidential-style video lauding his mayoral victory (a privilege normally reserved for the leader). But rather than delivering a self-congratulatory speech, he doused the conference with cold electoral truths. With the biggest personal mandate of any British politician in history, he was uniquely placed to do so.

“Labour is not in power in the place that we can have the biggest impact on our country: in parliament,” he lamented. It was a stern rebuke to those who regard the street, rather than the ballot box, as the principal vehicle of change.

Corbyn was mentioned just once, as Khan, who endorsed Owen Smith, acknowledged that “the leadership of our party has now been decided” (“I congratulate Jeremy on his clear victory”). But he was a ghostly presence for the rest of the speech, with Khan declaring “Labour out of power will never ever be good enough”. Though Corbyn joined the standing ovation at the end, he sat motionless during several of the applause lines.

If Khan’s “power” message was the stick, his policy programme was the carrot. Only in office, he said, could Labour tackle the housing crisis, air pollution, gender inequality and hate crime. He spoke hopefully of "winning the mayoral elections next year in Liverpool, Manchester and Birmingham", providing further models of campaigning success. 

Khan peroration was his most daring passage: “It’s time to put Labour back in power. It's time for a Labour government. A Labour Prime Minister in Downing Street. A Labour Cabinet. Labour values put into action.” The mayor has already stated that he does not believe Corbyn can fulfil this duty. The question left hanging was whether it would fall to Khan himself to answer the call. If, as he fears, Labour drifts ever further from power, his lustre will only grow.

George Eaton is political editor of the New Statesman.