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house of lords official report - United Kingdom Parliament

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1099 Political Parties and Elections Bill [LORDS] Political Parties and Elections Bill 1100<br />

[LORD BATES]<br />

David Cameron has made in his personal pledge: an<br />

incoming Conservative Government would abolish<br />

the communications allowance as a first step and a<br />

gesture in that direction. We would seek to reduce the<br />

cost <strong>of</strong> politics and the size <strong>of</strong> the House <strong>of</strong> Commons.<br />

He has put his finger on the national mood at the<br />

moment, which is not inclined to put one penny more<br />

towards the political process in these straitened times<br />

but wants to see the system managed much more<br />

efficiently. It is up to the political parties, through<br />

interparty dialogue, to come up with ways in which<br />

that can be achieved.<br />

I would like to make a couple <strong>of</strong> other points about<br />

expenditure limits. There are many other forms <strong>of</strong><br />

support that political parties receive from the public<br />

purse, a point that was raised in the Neill <strong>report</strong> and<br />

was touched on by Sir Hayden Phillips in his review,<br />

where he pointed out the value <strong>of</strong> freepost mailings <strong>of</strong><br />

manifestos at election time and <strong>of</strong> political election<br />

broadcasts. Significant amounts <strong>of</strong> funding are there<br />

for the incumbent.<br />

We are not saying that there is not a problem; big<br />

money—I use the term again with no hesitation—needs<br />

to be taken out <strong>of</strong> politics. “Big money” refers not<br />

only to trade unions and major wealthy individuals<br />

but to the public purse as well. Some steps have been<br />

taken and it is worth putting on the record some <strong>of</strong> the<br />

progress that has been made in relation to national<br />

limits. We have just experienced a European election<br />

that had a national limit on expenditure. That was a<br />

good exercise and a good discipline to impose.<br />

The very Bill that we are talking about came forward<br />

with a limitation on pre-candidacy election expenses<br />

for certain general elections. It introduces a limit,<br />

which is a step in the right direction, as it acknowledges<br />

that we have to find ways <strong>of</strong> reducing the amount <strong>of</strong><br />

funding that is going into constituencies. Section 18<br />

talks about a system <strong>of</strong> limiting the amount <strong>of</strong> money<br />

expended, kicking in after the 55th month <strong>of</strong> a <strong>Parliament</strong>.<br />

However, there is an important corollary to the<br />

point about the limitations on pre-election expenses<br />

under the Bill. I would be grateful if the Minister<br />

could put some additional remarks on the record<br />

about this. The understanding was that that would be<br />

matched by a limitation <strong>of</strong> the communications allowance<br />

used during that period by Members in the other place<br />

in their constituencies. It seems only right and fair that<br />

any limit that applied to donation income should be<br />

matched by a gesture from the incumbent Members in<br />

limiting the amount that is spent through the<br />

communications allowance. Various statements have<br />

been made claiming that such a statutory instrument<br />

or convention would be in place by the time the Bill<br />

received Royal Assent. It would be good to hear that<br />

this is still very much the Government’s intention. I<br />

recognise the intention behind the amendments but,<br />

for the reasons that I have outlined, we do not want to<br />

support them at this stage.<br />

5.45 pm<br />

Lord Bach: My Lords, this group <strong>of</strong> proposed<br />

amendments seeks to introduce a radical change in the<br />

regulation <strong>of</strong> political expenditure in this country. I<br />

pay tribute the noble Lord, Lord Tyler, and the, alas,<br />

not present noble Lord, Lord Rennard—whom we<br />

hope is getting better—for their passion and commitment<br />

to this particular point about national spend and<br />

constituency spend. I am unable to accept the<br />

amendments, but I hope that what I have to say will go<br />

a little way towards making the noble Lord realise that<br />

we want to move forward on this.<br />

I will not go through the amendments one by one.<br />

The noble Lord did not do so either. We recognise the<br />

broad shape <strong>of</strong> the amendments from Grand Committee.<br />

We are grateful that some rectification has been made<br />

<strong>of</strong> some <strong>of</strong> the problems and deficiencies that were<br />

identified in the previous versions <strong>of</strong> these amendments,<br />

but we have some concerns. For example, Amendment 67<br />

would impose a five-year limit on a party’s spending<br />

but still fails to anticipate the problem <strong>of</strong> parties<br />

saving up the majority <strong>of</strong> their permitted spend until<br />

shortly before an election. In Amendment 68, we are<br />

concerned that smaller parties would face great difficulty<br />

in accurately calculating the level <strong>of</strong> their permitted<br />

spend, given that it cannot be known how many<br />

months will elapse between elections. These are small<br />

points, but I make them in case the noble Lord wants<br />

to deal with them.<br />

The transitional arrangements proposed in<br />

Amendment 70 appear to suggest that a party could<br />

spend 75 per cent <strong>of</strong> the permitted £61 million between<br />

July 2009 and the next election. That is probably a<br />

drafting error, but prescribing any figure in the manner<br />

<strong>of</strong> the amendment would be risky, given that we<br />

cannot know exactly when the election will be.<br />

Amendment 72 would require registered political parties<br />

to <strong>report</strong> annually on their qualifying expenditure<br />

under the proposed new system <strong>of</strong> spending limits,<br />

although it defines expenditure as that found in<br />

Schedule 4A to the 1983 Act. However, that schedule<br />

lists the regulated matters for the candidate’s spending<br />

limit, not the party’s campaign spending limit. That<br />

list <strong>of</strong> regulated matters is to be found in Schedule 8 to<br />

the 2000 Act.<br />

Amendment 71—and here I come to more major<br />

issues—would make two crucial changes to the list <strong>of</strong><br />

regulated matters for candidates’ spending, as set out<br />

in Schedule 4A to the 1983 Act. First, it seeks to add<br />

spending on newsletters or similar publications, which<br />

is by the central party but relates to candidates. Secondly,<br />

it would add market research or canvassing activity to<br />

the list <strong>of</strong> regulated matters. The noble Lord, Lord<br />

Tyler, raised concerns about the current list <strong>of</strong> regulated<br />

matters for the candidate and campaign spending<br />

limits in Grand Committee. Election spending is, <strong>of</strong><br />

course, regulated by separate limits, according to whether<br />

it is by or on behalf <strong>of</strong> a party, or by or on behalf <strong>of</strong> a<br />

candidate. This is clearly an important distinction.<br />

The noble Lord’s concern is that spending by a central<br />

party organisation, which might be specifically aimed<br />

to enhance the electoral prospects <strong>of</strong> an individual<br />

candidate, would not be recorded against that candidate’s<br />

spending limit.<br />

So we understand the point and the noble Lord’s<br />

concern, but we fear that the proposals would introduce<br />

further complexity into what is already a complex area<br />

<strong>of</strong> legislation. We are concerned that they could be

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