The Lobbying Act: Registration of Non-Party Campaigners

Dear Vicky,

Many thanks for your response to the questions raised by the Public Relations Consultants Association (PRCA) Not-For-Profit and Charity Group.

While we commend the Electoral Commission for its thoroughness in response, we remain extremely concerned that with just a month to go before the regulations come into force, agencies (often small businesses), in-house communications teams, and individuals are being forced to come to terms with such excessive regulations.

There are now more than 300 pages of guidance on your website and with the party conference season just days away, your latest Update (to which we are subscribed) promises further regulations on this activity and on social media.

On the specific questions and answers you provided, we would request further clarity on the three below issues.

The definition of a press conferenceIn your reply to our original question 4, you state: “Conducting media interviews is not a regulated campaign activity - regulated campaign activities are listed on page 4 of our guidance Overview of regulated non-party campaigning.” However, this guidance states that press conferences could be regulated activity, and the the reply goes on to confirm; “all costs (including staff costs, overheads or administrative costs) that relate to regulated campaign activity will count towards the spending limits explain how to calculate these costs.” Given the main purpose of a press conference is to conduct media interviews, what is the difference between doing that at a press conference (regulated) and doing this from a radio studio or outside broadcast (not regulated)?

The definition of a volunteerIn your response you repeat the welcome assertion that volunteer time is not included. However, pro-bono and unpaid overtime (which could be classed as volunteering) is to be covered. Can you confirm how you arrived at a definition of volunteering which does not stretch to overtime and pro-bono support?

The possibility of delayWe also note the increasing disquiet from the charity sector, including the Charity Commission, ACEVO, NCVO, Bond and others and that assertions in the media that reaction to the guidance has been “largely positive” is not the case. Indeed, we have some sympathy with Sir Stephen Bubb’s comments that at times this guidance is “incomprehensible.”In the Act itself, it states that the Electoral Commission must “monitor, and take all reasonable steps to secure, compliance with” the Act (Part 2, Section 38). If the guidance is incomplete, this will be difficult to do. It also states in the Act, that the date for enforcement of parts of the Act can be determined by the Minister and not by Parliament (Part 4, Section 45).

Therefore, we would request that you examine the possibility for delaying the commencement date of the regulated period until such a time as “appropriate guidance” (which the Commission undertook to provide during the passage of the Act) is available?

Thank you for your offer of a further FAQ on contractual issues, we will consult further with our members and ask them to forward specific examples to you should they occur.

Yours sincerely,

Mario Ambrosi, Head of Communications and Public Affairs, AnchorSimon Francis, Director, Claremont CommunicationsChair & Vice Chair of the PRCA Not-for-profit and Charity Group

AND THE RESPONSE