European Union Referendum Bill — House of Commons, 2015-06-16
Topic: Government Operations
Bernard Christison Jenkin (Conservative, Centre-right): I rise briefly in connection with some amendments standing in my name, such as amendments 32, 29, 22, 30 and 26, relating to provisions in the Bill that struck me as very strange to begin with. They seemed to envisage that royal charter bodies and certain types of charity should become permitted participants as campaigners in referendums and permitted donors to referendum campaigns. The matter of charities and the function of the Charity Commission is the responsibility of the Public Administration and Constitutional Affairs Committee, and it is something we have taken a great deal of care and interest over. I have made inquiries of the Charity Commission, and I am extremely grateful that it has furnished me with a comprehensive note explaining that this is a slightly bizarre tidying-up exercise. It brings the provisions in this Bill into line with what was agreed in the Lobbying Bill which is now an Act from the last Parliament. The Charity Commission is very clear that the Political Parties, Elections and Referendums Act 2000 does not give the charities it covers a general power to campaign or make donations to campaigns I will be grateful if the Minister replying to this debate makes it clear that there is no suggestion that charities are being empowered to be donors or participants under this Bill. They are of course governed by charity law and the regulations set down by the Charity Commission. Those are still enforced. This Bill does not alter charity law. When we were conducting the north-east says no campaign, some charities—I shall not embarrass them now by naming them—did allow their logos to be used on the yes campaign website. We quickly made our concern about that clear to the Charity Commission, and they were quickly instructed to take down their logos as this was a misuse of charitable funds and of their logos Charities are not intended to be involved in political campaigning. Of course, many of them are involved in campaigns that have political implications—for example, anti-slavery and child trafficking campaigns are legitimate campaigns—but they are not allowed to get involved in party political campaigns. Charities can be punished for making donations to political parties, and it is important for them to understand that this also applies to donations and participation relating to referendums, as set out in the Political Parties, Elections and Referendums Act 2000. That is all that these provisions are intended to do. I therefore do not intend to press my amendments to a vote It strikes me that any intervention by a charity would pale into insignificance when compared with the imbalance that is being locked into the Bill. My hon. Friend the Member for Gainsborough (Sir Edward Leigh), when speaking to amendment 53, drew our attention to the fact that political parties would be allowed to participate pro rata according to the vote they received in the general election. Incidentally, the European Union was not a major issue at the general election. It was an issue, but not the major one, and the election result hardly constitutes a mandate for spending on this scale If the Government were released from purdah, or if we could not contain what the European institutions were able to do during the referendum, the issue of charities would be very small beer. It is important, none the less, for the charities to realise that they must not get themselves into difficulties by misinterpreting the provisions of the Bill. I would be grateful if the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Weston-super-Mare (John Penrose), would reiterate that that is the case.