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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