November 2013
Rt Hon Mr Andrew Lansley MP
Office of the Leader of the House of Commons
1 Horse Guards Road
London
SW1A 2HQ
Dear Mr Lansley,
Please exclude charities from Part 2 of the Lobbying Bill
I am writing to express serious concerns about Part 2 of the Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Bill 2013-14, which as you know is currently being considered by the House of Lords.
If enacted in its current form, this Bill will impose unnecessary burdens on charities who wish to legitimately engage with democratically elected representatives on behalf of their beneficiaries. It also has the potential to snare any charity in a complex, unworkable and costly system of regulation.
Beyond that, the Bill as drafted threatens to have a chilling effect on the activities of thousands of charities doing vital work throughout the UK. It will push voluntary trustees to be overly-cautious, effectively silencing them; even persuading them that the personal risks involved do not make volunteering worthwhile. Surely this is not the Government’s intention?
Charity law is already clear that no charity can have political purposes, or pursue their charitable objectives by politically partisan means. It is already the job of the Charity Commission to apply this law. The limitations and boundaries of charity campaigning are stated in the Charity Commission guidance document CC9 as well as in specific guidance produced with the Electoral Commission in advance of major elections.
I therefore urge you to support the amendment being proposed by Lord Phillips of Sudbury, which would exclude charities from being covered by this legislation. Specifically clause 26 should be amended to include the following new subsection:
“( ) In subsection (8)(a) after “body” insert “(except a body which is a charity”).”
This simple provision achieves the Government’s stated aim while simultaneously removing the lingering complexities and uncertainties which remain with the amendments suggested by the Government.
A vibrant and engaged charity sector is a vital part of a free and democratic civil society. If charities are gagged from speaking out then we will be all the poorer for it. Please reconsider your plans and adopt Lord Phillips’ amendment.
Thank you for taking the time to consider my letter.
Yours sincerely,
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