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| Holding a husting? Promoting a policy? Manifesto Mania? We’ve produced a round-up of some relevant guidance that you need to be aware of if your organisation is engaged in the political process. |
by Jay Kennedy, Policy Officer, Directory of Social Change
It may be only a matter of weeks or even days until the General Election is called, which will bring in a new Parliament and possibly a change of Government. The latest possible date is 3 June, but it will probably take place before that.
Local Elections are already scheduled for 6 May; so that could be a good bet for the General Election too (although at the time of writing no announcement to that effect had yet been made). However, the Budget will be presented on 24 March – and there is speculation that an announcement may occur around that time.
Many charities which undertake campaigns and want to support or oppose particular policies at election time may be wondering about how to ensure they don’t fall foul of any of the rules.
Charities cannot exist to support political purposes, they cannot campaign on behalf of political parties or individual candidates, and cannot give them funds or other support. However, it is legitimate for charities to evaluate and support or criticise the policy proposals of parties and candidates, such as those which appear in election manifestos.
They can present the views of political parties and politicians to relevant audiences, but should seek to present these in a balanced way, rather than only presenting one party’s or one candidate’s view. Any campaigning or influencing by charities must be related to their charitable aims and objects.
Thankfully the Charity Commission has produced some clear and concise guidance (it’s only a couple of pages), which covers the period between the announcement of an election, and the date on which an election is held. This period is also known as Purdah. Click here to download Charities and Elections.
The Charity Commission also produces more detailed guidance on charity campaigning generally; this is called CC9 - Speaking Out - Guidance on Campaigning and Political Activity by Charities.
The Electoral Commission is an independent body set up by Parliament to ensure the integrity of the democratic process and to maintain public confidence in it. It is a useful source of information about all aspects of elections in the UK, including the rules about party funding and supporting parties and candidates.
Charities and other not-for-profit groups which participate in campaigning during the election period may be required to register with the Electoral Commission as a ‘recognised third party’, if they plan to spend more than £10,000 in England or £5,000 in Scotland, Wales or Northern Ireland on ‘election material’ during the regulated period of a relevant election. Given the spending thresholds, it is unlikely that this regulation will affect the vast majority of charities.
Review the relevant guidance at:
http://www.electoralcommission.org.uk/guidance/resources-for-those-we-regulate/non-party-campaigners
Something else to consider is how the period of Purdah will impact the ordinary workings of government bodies.
Purdah begins once the election is called and ends after it takes place, and governs the activities of civil servants during this period in order that they do not give any advantage to the incumbent government.
There may be an indirect impact on charities, for example if they are expecting particular policy announcements which are deemed to be ‘politically sensitive’, and therefore cannot be made as scheduled because the election has been called.
Charities should not be afraid of speaking out during elections or at any other time – it’s an important part of our democratic process. Mostly simple common sense should prevail – but all charities engaged in campaigning should consult the relevant guidance just in case. It is important that trustees are involved and briefed about the charity’s campaigning activities, as it is their duty to ensure the organisation complies with the law. If in doubt, seek advice from the Charity Commission.
Some recent articles on charity campaigning in the context of the General Election:
http://www.thirdsector.co.uk/news/archive/979325/Alert-charity-campaigning-run-up-general-election/?DCMP=ILC-SEARCH
http://www.thirdsector.co.uk/Resources/Communications/Article/947605/Dean-Russell-aware-rules-purdah-prepare-next-election/
http://www.thirdsector.co.uk/news/archive/986997/Rosamund-McCarthy-election-manifesto/?DCMP=ILC-SEARCH