'Vague' legislation chilling charity work, says Committee Chair
19 February 2015
The Chair of the Political and Constitutional Reform Committee, Graham Allen MP, has responded with concern to news that leading charities are having their activities curtailed by the Transparency of Lobbying Act 2014, and has called for an urgent review of the Act after the general election.
Speaking after The Independent revealed that over 160 charities had written to political leaders seeking early repeal of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014,
Graham Allen said
“Charities are rightly complaining that the loose drafting in this legislation is burdening them with administration and compliance requirements connected with the May election which are having a chilling effect on their normal work. I cannot believe this is what Parliament intended when passing this legislation. As my Committee has consistently said, the Government should have published its Bill in good time to allow proper pre-legislative scrutiny to take place. That process would have identified the flaws in the legislation which are now affecting the campaigning work charities believe they are allowed to do around an election.
“Lord Hodgson has been appointed to review the Act’s operation during the 2015 election campaign: he must start his work now by listening to the legitimate concerns of the third sector. His review of how the legislation has been operating must be a priority for the new Parliament, and all options, including repeal, must be on the table.”
Background
The Political and Constitutional Reform Committee published two reports on the Government’s Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill during its passage through Parliament:
- The Government’s lobbying Bill, Seventh Report of Session 2013-14, HC 601
- The Government’s lobbying Bill: follow up, Tenth Report of Session 2013-14, HC 891
Concluding its follow-up report, the Committee stated
“We continue to regard the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill as an example of how not to make legislation. It cannot be desirable that Parliament is put in the position of being asked to agree a Bill that is acknowledged to be imperfect, with the promise that it will be reviewed and improved at a later date. The Government and Parliament have a joint responsibility to ensure that legislation is got right the first time. This Bill should serve as a reminder to successive Governments that consultation and pre-legislative scrutiny are not mere formalities that can be dispensed with if the Government chooses, but essential elements of the process of producing good legislation. They need not take undue amounts of time, and they add genuine value.”