Charity Commission in contact with 41 charities during election period

The regulator has published an overview of issues arising from the 2017 general election

Forty-one charities were in contact with the Charity Commission because of issues arising during this year’s general election campaign, the regulator has said.

In an overview of charities’ campaigning and political activity during the most recent election period, which ran from 18 April to 8 June, the commission said that 28 out of the 41 cases it dealt with arose from concerns raised by members of the public or the regulator proactively identifying concerns from media reports.

A further 13 charities contacted the commission to seek advice.

In comparison, 39 charities were in touch with the commission during the 2015 general election.

The majority of the charities the commission dealt with during the most recent election had incomes exceeding £1m a year, the regulator said, and the 41 cases included concerns relating to all the major political parties.

The Charity Commission’s guidance on political activity says that charities must stress their political independence and campaigning should be undertaken only in furtherance of a charity’s charitable purposes.

A number of charities also expressed concerns about the impact of the lobbying act on their ability to campaign during the most recent election, specifically its spending limits on joint campaigning and registration with the Electoral Commission.

Among the charities contacted by the regulator during the 2017 election was the right-wing think tank the Institute of Economic Affairs, in relation to allegedly partisan publications.

The IEA was issued with formal regulatory advice about two publications, one suggesting Conservative manifesto policy proposals and another criticising the Labour manifesto.

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Another two cases highlighted by the commission in its report today is Unity Group Wales, which was displaying Labour Party posters in its high-street centre in Swansea, and the National Council of Hindu Temples, which issued an email to members suggesting support for the Conservative Party.

Unity Group Wales immediately removed the posters when contacted by the commission and made a statement expressing its political neutrality and independence.

The National Council of Hindu Temples initially denied its email was partisan and the commission said it considered an official warning until the charity decided to send a second email saying it was politically neutral.

David Holdsworth, chief operating officer of the Charity Commission, said: “Charities have a strong and proud tradition of campaigning and being at the forefront of social policy. Many charities can and did find practical, valid ways to engage in beneficiary-focused and effective campaigning and political activity in the run-up to this general election.

“However, our report does illustrate that some basic silly mistakes that could have been avoided by reading and following our guidance continue to be made by charities.”

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Regulated period for an election ‘might have begun already’, warns lawyer

Simon Steeden of Bates Wells Braithwaite points out that if there is another election this year the regulated period is already with us, and describes the lobbying act as Orwellian

The next period of regulated campaigning might have already begun, a partner at the law firm Bates Wells Braithwaite has warned.

Simon Steeden said that if a second election were to be called before the end of the year, the period of regulated campaigning would already have started because it covers the year leading up to a vote.

Last week’s election was called with just two months’ notice, leaving many charities concerned that they could be penalised for activities that took place before they knew an election would happen.

And the failure of the Conservatives to secure an overall majority in the House of Commons means another election could take place before the end of year, said Steeden.

He said the snap general election had demonstrated the unfairness of the lobbying act, which requires all campaigning bodies, including charities, to register if they intend to spend more than £20,000 in the year before an election on campaigning activities that could reasonably be regarded as intending to influence the outcome of the vote.

In an email to charities sent out this morning, Steeden described the lobbying act as “Orwellian”.

He said: “This election has raised further questions as to whether the current rules governing non-party election campaigning are fit for purpose.”

He pointed to the 50 charities that wrote to all of the political parties during the campaign expressing concern about what he described as “retrospective regulation”.

“The hung parliament means that the spectre of another vote will be ever-present, and campaigners will be assumed to be on constant election footing,” he said.

“For example, this could mean that the regulated period for the next election begins today, meaning that campaign groups potentially have to start counting expenditure today.”

He said this would “supercharge” the debate around the lobbying act and would make its reform “an urgent priority”.

“The snap election campaign clearly highlighted the unfair nature of rules regulating non-party election campaigning and their chilling effect on civil society engagement in policy debates during an election campaign,” he said.

In the run-up to the snap election, he said, many charities had relied on the assumption that their previous expenditure could not be “reasonably regarded” as intended to influence the election because they did not know it would happen.

But he warned it might be harder to rely on that assumption if a second election was called, because charities might reasonably be regarded as being “on constant election footing” in preparation for the possibility of an election.

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Charities ‘should not be paralysed by election result’, says CFG’s Bradshaw

Voluntary sector figures have given their reactions to last night’s surprise election result

Charities should not be paralysed by the uncertainty created by the surprise general election result, the Charity Finance Group has said.

Representative bodies across the sector have called on whichever new government is formed after the election led to a hung parliament to engage with charities.

Caron Bradshaw, chief executive of the CFG, said that none of the parties’ manifestos had had a “particularly compelling offer” for charities and, in the wake of the result, it was important for all parties go back to the drawing board to develop a vision for the sector that included it as a key partner.

She said: “To charities we say: don’t be paralysed by this result. A hung parliament will create uncertainty, but that is our prompt to step up and provide proposals to government. We know that charities will continue to be asked to meet the needs of our society and we should be bold in putting forward policies that break down the barriers to us being as effective as possible.”

John Barrett, chief executive of the Small Charities Coalition, said that although the result had increased uncertainty it was also an opportunity.

“This is a time for organisations speak up about the big issues they face and their vision for a better future,” he said.

“We encourage small charities to make contact with elected members, whether arranging meetings or visits with their local MPs or engaging with political parties as this new government is formed. We also encourage all MPs to engage with these admirable organisations.”

Vicky Browning, chief executive of the charity leaders body Acevo, agreed, saying: “Civil society leaders now have an opportunity to help shape the future of our country. Charities should not shy away from speaking out as a new government forms.” 

But Neil Cleeveley, chief executive of the local infrastructure body Navca, said that in a coalition governments tended to find it harder to push through the policies they wanted to pursue. This could mean that the subjects charities were concerned about were pushed to the back of the queue, he said, particularly with Brexit negotiations coming to the fore. 

Sir Stuart Etherington, chief executive of the National Council for Voluntary Organisations, said the difficult issues facing the next government would make it more important than ever that the next government drew on the expertise of the voluntary sector.

“Charities should be seen as partners and critical friends in policy development in order to develop effective approaches to the country’s most challenging problems,” he said.

John Low, chief executive of the Charities Aid Foundation, said it was worth remembering that charities continued to enjoy greater support than any political party.

“It’s charities that are strong and stable, working for the many, not the few,” he said. “The MPs and ministers reeling from last night’s results should remember that, and listen.”

Jay Kennedy, director of policy and research at the Directory of Social Change, said: “It’s vital that whatever government we eventually get looks to charities and wider civil society for answers. It needs to be a listening, engaging government. Such massive challenges simply can’t be overcome with a ‘government knows best’ approach.”

He said a signal of how serious any government was about such an approach would be in how quickly the charities minister Rob Wilson, who lost his seat as an MP last night, was replaced.

Chris Millward, chief executive of the Institute of Legacy Management, called on the Conservatives to rethink their proposals to fund the care of elderly people by taking the money from their estates after they died, leaving them unable to make legacy donations in their wills. 

Peter Lewis, chief executive of the Institute of Fundraising, said strengthening and supporting charity fundraising, especially at smaller charities, and support for legacy giving should be at the heart of any government’s approach to partnership with charities.

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‘Get a backbone’ during the election, Bubb urges charity leaders

The former leader of Acevo, Sir Stephen Bubb, has criticised the sector for allowing itself to be silenced on the issues by the lobbying act

Charities have failed to speak out against the Conservatives’ manifesto plans for social care because they are afraid of falling foul of the lobbying act, according to Sir Stephen Bubb.

Bubb, director of the think tank Charity Futures, said the lobbying act was gagging charities, but he also criticised charities for allowing themselves to be silenced by it and called on sector leaders to “get a backbone”.

The Conservative Party has been criticised for the social care proposals in its manifesto, such as the inclusion of the value of elderly people’s homes when estimating how much they should contribute to their own care. But Bubb said not enough of this criticism had come from charities.

“The social care proposals strike at the heart of what charities do and they should be up in arms about them, but it hasn’t happened,” said Bubb, who was until last year head of the charity leaders body Acevo.

“It is two problems: there is the problem of the so-called ‘gagging act’, but also the general climate of hostility towards charities means there is a lot of self-censorship,” he said.

“Charities that once would have spoken out are keeping quiet and doing a disservice to their beneficiaries. They need to get a bit of a grip.”

The Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014 introduced caps on the amounts that organisations – including charities – can spend on campaigning on issues that could be perceived as party political in the run-up to elections.

Both Labour and the Scottish National Party have pledged in their general election manifestos to repeal the parts of the act that relate to charity campaigning.

“Many charity leaders do feel that if they do speak out there will be some form of comeback on them,” Bubb said. But this response was “simply not good enough”, he added.

“The deafening silence from charities in the last few months has been extraordinary, and the bottom line is that we are letting our beneficiaries down,” he said. “Particularly the health and social care sector: it needs sorting and charities should be at the forefront of demanding action and answers.

“It is not enough to hunker down and keep their heads below the parapet. Some sector leaders need to get a backbone: that’s what they’re being paid for.”

Responding to Bubb’s comments, Steve Clapperton, campaigns manager at the Charities Aid Foundation, said the idea that some charities had felt unable to speak out on behalf of their beneficiaries during the general election campaign was “extremely concerning”.

He said: “CAF has consistently warned that the lobbying act might deter charities from fulfilling their important role in our democracy.

“Concern is building among charities and politicians, including some MPs who initially supported the act, who have noted the absence of charities in policy debates where they would normally represent expert views on behalf of their often marginalised beneficiaries.”

He said it was “legitimate and vital that charities were able to positively influence political parties’ policies and called on all parties to come together after the election and commit to repealing the lobbying act.

Elizabeth Chamberlain, head of policy and public services at the National Council for Voluntary Organisations, said: “Charities can, and should, campaign in the run-up to an election.

“The need to maintain their neutrality becomes greater when an election is called, but it doesn’t mean that charities lose their right – and duty – to speak up on behalf of their beneficiaries and about their cause.”

But she echoed Bubb’s concerns about self-censorship, which she said was the biggest threat to charities’ right to campaign.

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