The Electoral Commission , Britain's elections watchdog, has concluded that government plans to censor political campaigning before a general election are flawed and in part unworkable.
In a private briefing sent to interested parties, the commission
says that it has significant concerns about the coalition's lobbying bill, that some parts of it may be unenforceable and that it is not at all clear how the new restrictions affecting charities will work.
When the transparency of lobbying,
non-party campaigning and trade union administration bill 2013-14 was published in July, the day before MPs broke up for their summer recess, it emerged that, as well as long-expected plans for a statutory register of lobbyists, the bill includes
proposals that would drastically censor campaign groups from speaking on political issues in the 12 months before a general election.
In its letter, the commission says the proposed rules about spending at constituency level may be
unenforceable , partly because it will often be hard for campaigners to identify with a reasonable level of confidence when an activity has 'no significant effects' in a given constituency .
More broadly, it says the proposed rules
about what constitutes election-related activity are not sufficiently clear. The briefing says:
In our view, it is not at all clear how that test will apply in practice to the activities of the many third parties that
have other purposes beyond political campaigning. For instance, it seems arguable that the new test could apply to many of the activities of charities, voluntary organisations, blogs, thinktanks and other organisations that engage in debate on public
John Sauven, executive director at Greenpeace , one of more than 100 charity organisations that have expressed concerns about the bill, said the legislation was the most pernicious assault on campaign groups in living
A spokesman for the Electoral Commission said it had significant concerns about the bill and would be explaining them in detail to a select committee in September. The bill's second reading is on 3 September, with its three-day
committee stage a week later.