Upload
ncvo
View
218
Download
1
Embed Size (px)
Citation preview
The Lobbying Act – what trustees need to know
Tuesday 13th May
Background to the Act
Where did it come from?• “It is the next big scandal
waiting to happen. It’s an issue that exposes the far-too-cosy relationship between politics, government, business and money.”
– David Cameron, February 2010• “We will regulate lobbying
through introducing a statutory register of lobbyists and ensuring greater transparency”
– Coalition Agreement, May 2010
• A Coalition curveball?
What does the Act do?• Introduces a statutory register of consultant
lobbyists and establishes a Registrar to enforce registration requirements
• Changes the legal requirements for people and organisations who campaign in relation to elections but are not standing as candidates or a registered political party
• Strengthens the legal requirements placed on trade unions in relation to their obligation to keep their list of members up to date
Non-Party Campaigning• Changes to spending limits
• Changes to registration thresholds
• Introduction of constituency limits
• Longer list of qualifying expenses
• New reporting requirements
What activity is included?Definition of controlled expenditure (PPERA 2000)• “expenditure that can reasonably regarded as
intended to promote or procure electoral success”• it is immaterial that it can reasonably be regarded
as intended to achieve any other purpose as well
Electoral Commission:• purpose test• publicity test
Important amendments• Higher registration thresholds• Shorter regulated period• Option for organisations ‘working to a joint plan’• Exclusion of some costs from controlled
expenditure• Review of the law
What happens after registration?
• Record and report spending (including spending by constituency)
• Check the permissibility of donations received above a certain amount that go towards regulated activities
• Submit a spending return or statement of accounts covering the regulated period once the General Election has ended
Concerns for charities• Ambiguity – definition of ‘controlled expenditure’
• Administrative bureaucracy – inclusion of staff costs, new constituency spending regulation etc
• Self-censoring?
• Reputational damage?
Help and guidance• Charity Commission guidance
– Speaking out: guidance on campaigning and political activity by charities (CC9)
– Charities, Elections and Referendums supplementary guidance
• Ministerial statements• Electoral Commission new guidance• Co-ordinated guidance for charities by Electoral
Commission and Charity Commission
Governance Perspective
There is concern that the Act will hinder campaigning either due to requirements or because of uncertainties and misconceptions The overriding duty of all charity trustees is to advance the objects of their charity
A quick reminder of legal duties• Duty to comply with the governing
document• Duty of care• Duty to safeguard and protect the
charity’s resources• Duty to act in the best interests of
beneficiaries and to avoid conflicts of interest
• Duty to act personally• Duty to act collectively• Duty not to profit• Statutory duties e.g. comply with ‘Lobbying
Act’
Governance perspective: key issues to consider• Does your governing document allow
campaigning?• If campaigning is one of the ways to achieve your
objects then you must consider it• Conversely make sure campaigning is in pursuit
of your objects• Know what you don’t know and seek advice• Demonstrate that you have considered the risks
involved and taken steps to manage them• Ensure organisational policies and procedures are
in place• What resource implications does campaigning
and/or registering carry? • Any other issues to consider?
The regulators• Charity CommissionOur central concern is that charities should operate at all times within their own charitable purposes.
Speaking out guidance on campaigning and political activity by charities (CC9)
• Electoral CommissionWe’re not here to terrify people and say ‘if you don’t abide by the law, then we’ll come down on you like a ton of bricks’.
Article - Keeping within the rules on lobbyingCivil Society, 3 April 2014
Do you need to register?
Do you need to register?
• Electoral Commission guidance to be published in July
• Gateway test
• Key questions to consider
Q1 Will you be campaigning between September 2014 and May 2015 (the registered period)?
Q2 Is you campaign public-facing?
Q3 Could the campaign be reasonably regarded as intended to promote of procure electoral success?
Q4 Is it likely that you will spend over £20,000 – including a reasonable estimate of staff costs – in the registered period?
You do not need to register
You may need to register, go to Q2
You may need to register, go to Q2
You do not need to register
You may need to register, go to Q3
You may need to register, go to Q3
You do not need to register
You may need to register, go to Q4
You may need to register, go to Q4
YesNo Maybe
YesNo Maybe
YesNo Maybe
Continued
Q5 Will a proportion of your spending be targeted at a specific constituency?
Q6 Are you working in coalition with other charities on a campaign?
You probably do not need to register, but check Q 5 & 6 to be sure
You will need to register, but still check Q 5 & 6
You may need to register, but still check Q 5 & 6
You will need to register and can spend max. £9.750 in constituency
If you also did not need to register individually, you do
not need to register.
You may need to register, go to Q2
You may need to register, go to Q2
Q4 Is it likely that you will spend over £20,000 – including a reasonable estimate of staff costs – in the registered period?
You probably do not need to register, but check Q6 to be sure
YesNo Maybe
YesNo Maybe
YesNo Maybe
You may need to register and can spend maxi. £9.750 in constituency
Key considerations for trustees
• Governance or operational
• Members and supporters
• Campaign planning
• Accounting for time and resources
Electoral Commission:update on activity
Any questions?
Forthcoming events
Breakfast learning session – Reading the polls: What to expect in 2015? 10th June, 8:30 – 11am
Certificate in Campaigning Starting 1st October