Committee (5th Day)

Part of Parliamentary Voting System and Constituencies Bill – in the House of Lords at 4:45 pm on 15 December 2010.

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Photo of Lord Lamont of Lerwick Lord Lamont of Lerwick Conservative 4:45, 15 December 2010

Will the Minister comment, at least for my benefit, on one aspect of what the noble and learned Lord, Lord Falconer, said? How will the Electoral Commission distinguish between the designated lead organisation and other organisations and decide whether they are truly independent of it? My noble and learned friend Lord Mackay was quite right to remind us that the rules in the PPERA were set down for referenda. None the less, all sorts of problems come with these rules. That is the point that some people on the other side were genuinely making, and that I was making when I intervened earlier. In many ways, these rules are inappropriate.

I am particularly worried about how you identify the designated lead organisation. The very fact that there is a body in this country that actually decides that there is a permitted lead organisation in a campaign makes me quite nervous. It gets rather close to the situation recently when the United States Supreme Court overthrew many of the rules relating to campaign contributions because they were interfering with the freedom of individual citizens to spend their money and support causes they wanted. I can hardly remember what I said a decade ago, despite the noble and learned Lord, Lord Falconer, reminding me, but one of the points that I raised then was the interference, as I saw it, in certain basic freedoms: that a government organisation will decide who the lead organisation is, and that other organisations will be subject to this that or control.

These rules, frankly, made me very uneasy at the time, and I remain uneasy. Will my noble friend tell me how he envisages that the Electoral Commission will distinguish between expenditure of the lead organisation and whether another organisation is genuinely independent or not? Some of these organisations are very interconnected.