Select Committee on Constitutional Affairs Minutes of Evidence


Examination of Witnesses (Questions 20-39)

LORD RAZZALL CBE, LORD MARLAND AND LORD LEVY

22 JUNE 2006

  Q20  Barbara Keeley: Can we go back to the point made about the difficulty of the shortfalls that you run into in, perhaps, a general election year and ask each of you about how the parties cope with those potential shortfalls, with money coming in too late and you need to spend money during the campaign and there is always a financial crisis in general election years. How can they be coped with?

  Lord Levy: There are only two ways, I suppose, that one can deal with that: try and persuade those running the campaign to reduce the expenditure, or putting pressure on those bringing in the income to try and bring in more. It is a much tougher task to do the first of those two options and the pressure tends to come on the second of those two options, to try and bring in more money.

  Lord Razzall: We have dealt with it in that we have to be very careful because, obviously, we are the smallest party. Although our routine expenditure on a year-by-year basis has to be budgeted for and you will not necessarily have raised the money at the beginning of the year to pay for the full year routine, regular expenditure, as far as general election campaigning is concerned we do not spend a pound in the general election unless we have already raised or had that pound pledged. If you do not go down that route the party will become bankrupt.

  Lord Marland: We are the same.

  Lord Razzall: Which is, again, why I say that quite often the timing goes wrong because you do not want to spend the money until you have got it and then somebody gives you a large donation, with only six weeks to go, and you want to spend it but there are a limited number of ways you can spend it.

  Q21  James Brokenshire: Following on from that, on an ancillary point, I know, Lord Levy, you said in your earlier comments that you have nothing to do with expenditure, but given the tensions that we have just alluded to, perhaps, in that last line of questioning, what is the relationship between campaign strategists on the one side and the fundraisers and the treasurers on the other? Are you in completely different boxes or is there some inter-relationship between the two?

  Lord Levy: I can only talk, if I may, on the Labour side. Those in the party deciding on how money should be spent are not involved in the fundraising, and those involved in the fundraising have no say in how money should be spent.

  Lord Marland: Ours is different. I have a very active involvement in how they spend money. We produce a budget every year, as any business does. We discuss what we think we can and cannot raise and what they can and cannot afford, we have a priority in spending funds, we have a finance committee, which I am on, which has to agree the expenditure and income, and it is a constant battle of trying to persuade my political colleagues that money does not grow on trees—which I know you all think it does but we, funnily enough, do not! So it is a constant battle and it is a pretty hard-fought battleground.

  Lord Razzall: I suppose I have the advantage of having filled the two roles: I was the fundraising treasurer for 12 years and then for the last six was Chair of the campaign committee, therefore spending the money rather than raising it. I think the answer to the question with us is that certainly the treasurer, in our structure, plays no role in how the money is spent, so that is the same as Michael was saying for the Labour Party; the treasurer's role is simply to say and certify how much money is available to the campaign team to spend. We are the other way round, of course; I think, with us, inevitably, the people involved in spending the money are the campaign people, and certainly as campaign chair I would be involved in some discussions with donors because, of course, with us, if you are trying to raise money for an election campaign the donor often wants to know what his or her money is going to be spent on. So, inevitably, there was some discussion about that, because some people will say to you: "I would like you to spend this money in the north-west region" or "I am perfectly happy to fund polling". So our campaign people do get involved in talking to donors but the treasurer, under our structures, does not have any control over what the money is spent on, he only has control over how much can be spent.

  Lord Marland: I should just qualify—I am sorry to interrupt you—I do not drill down in a minute way; it is a global picture which we agree at the beginning of the year and then it is up to them. If they want to go beyond that then they have to seek agreement, as any other business would have to do. I do not want you to think I am second-guessing.

  Q22  James Brokenshire: I wanted to follow up on the point that Lord Razzall moved on to, which is the relationship between the donors and, obviously, in terms of the need to raise funds or talk to the donors. To what extent (I know, Lord Razzall, you have already addressed this point) do large donors now have more of a say in terms of how the money that they perhaps are offering is spent? Is there a change in emphasis? Has that moved on in some way?

  Lord Levy: As far as the Labour Party is concerned, there has not been any conditionality on a gift. When one seeks a gift and one is offered a gift, if someone wants to learn more about how the party is spending money I refer them to the General Secretary of the party, to go into headquarters and see the operation, talk to him and to see the totality of the picture of how the party is spending its money, but there is not: "Well, if you give a gift it is going to be spent on this aspect of the campaign". No. There is one exception that comes to my mind from my memory of the last number of years, and that was several years ago when one of our major supporters, the late Lord Hamlyn, passed away. His widow wanted to give a gift for something to be named in the new Labour Party headquarters. That was agreed to so there would be a lasting memory for the late Lord Hamlyn. That, from my own memory, is the only example I can give, if you like, of a gift where something was requested, but that was a rather unusual circumstance, but, again, not to do with the actual campaign. The maxim would be refer him to the General Secretary of the party to have an explanation of how the party is spending its money, and to look around the Labour Party headquarters just to get a feel for what is going on.

  Q23  Chairman: Lord Marland, your pitch would be different in that respect?

  Lord Marland: No, not really. We resist the temptation to have money earmarked for certain projects.

  Lord Razzall: Any party treasurer or anybody in charge of spending money would always try and resist, in the nirvana of party financing. I am not entirely sure my two colleagues here are not being slightly disingenuous because it is often quite difficult to resist a donor who says: "I will give you X provided it is spent on Y", as long as Y is something you would spend it on anyway. That is really what the argument is: you do not want somebody giving you money who wants it spent on something you would not otherwise want to spend it on. Quite often, in our experience anyway, donors will say: "I want you to spend this money on target seats in my region of the North West" or "I think I would like to help the leader travel in greater style round the country". All those sorts of things where you need to satisfy that donor that that is the way his or her money is being spent. Where I agree with the other two is that in an ideal world you just want people to give you the money and spend it in the way that you best believe it should be spent.

  Q24  Chairman: Lord Marland, can I just press you? Is it not the case that you do have donors who say, or maybe in an exchange or conversation: "Yes, that is something I would like to give some more money to"—some aspect of campaigning?

  Lord Marland: We have a budget and if you want to go outside that budget it has to be signed off. We cannot get into a situation where someone comes in and says: "I will pay for this, and that is really what I want to have paid for", because it changes the discipline which you put in. It is fair to say that we obviously have a shopping list of spends. For example, it is quite well-documented that Lord Ashcroft supported our campaign for marginal seats, but he was not the only one; there were probably 30 or 40 people who supported that campaign but it was very much within the framework of what we had budgeted, where we wanted the money to go to, etc. If, in Lord Ashcroft's case, he felt that he wanted to fight a political seat, for example and it formed part of our criteria, then that was acceptable. However, your question was a different one: your question was do we allow people to come to us and say: "I want you to spend the money on this"? We do not find that acceptable.

  Q25  Barbara Keeley: Just to follow up on that point, really, because I think there is almost a strongly negative perception that has arisen from what is known as the Ashcroft-funded target seats. It is not a little-known thing. I think it is a very well-documented and very widely written about issue, and if anything (certainly for me and for some other people) it raises the spectre of buying the seat. I think that is the difficulty of money being associated with a particular campaigning activity, where it is very strongly documented and reported on that Lord Ashcroft's money was used in this way on 30 seats and those seats had greater swings. So I am surprised that you seem to be playing it down a little, and I have to say I think that is in contrast to the way it has been played in the past.

  Lord Marland: I am not playing it down at all; I am just stating the facts. It was not just Lord Ashcroft; Lord Ashcroft contributed a certain amount of money towards target seats, which was nothing like the totality that was required by the party to fight those seats. He did not do it exclusively, he did it in conjunction with ourselves; it was an area which we needed support in and we would have had it from, as I say, 20 or 30 donors. I am afraid the press portrayed it in that way, but it certainly does not give us any form of discomfort; it was very carefully managed by ourselves, it was very harmonious and you can make your own judgment as to whether it was successful.

  Q26  Barbara Keeley: Do you believe it has created that perception?

  Lord Marland: I think the problem is that there is perception abroad that anybody who gives money to a political party is trying to engender some form of advantage for themselves.

  Chairman: I do not think that was the purpose of the question. The question was much more about—

  Q27  Barbara Keeley: The notion of buying a seat, if you like, if you lavish enough money.

  Lord Marland: Let us refer to that point. I think that it has been portrayed as such in the press. We certainly have not found it disadvantageous in terms of any aspect of our operation, fundraising or management. I think, frankly, we are very lucky to have his support. If it is portrayed like that, which people choose to do, it is a very narrow portrayal, as often things are, unfortunately.

  Q28  Keith Vaz: Do you believe, as the Electoral Commission recommended, that the cap on spending in general elections should be reintroduced, possibly down to £15 million?

  Lord Marland: We volunteered it before the Electoral Commission came out with the suggestion, and Andrew Tyrie on the Committee, with the support of David Cameron, has produced a very fine paper, as you know, which recommends a reduction. So we did that before the Electoral Commission.

  Lord Razzall: We are in favour of the Electoral Commission recommendation. We have also said we think that the cap should be £15 million in every year, not just in an election year.

  Q29  Keith Vaz: Lord Levy?

  Lord Levy: Yes.

  Q30  Keith Vaz: What about raising the amount of money that individual candidates can spend and, therefore, making politics much more local? Is there any agreement on that?

  Lord Levy: That has not been my area of expertise.

  Lord Razzall: I think we need to look at the whole area of what counts as local expenditure. We are sort of fumbling towards a concern ("fumbling" is perhaps the wrong word to use for what Barbara Keeley is trying to express, I think) which is: have we got a funding structure at the moment under which large amounts of money can be poured into marginal seats for a lengthy period of time running up to a general election? Of course, Jonathan is correct that there are transparency rules about who has given the money but there are no restrictions on how much money is spent in the run-up to elections. I think that is an area that really does need to be looked at. You have got the amount of money issue there as against the transparency issue.

  Q31  Keith Vaz: Lord Marland, increase the individual limits for candidates?

  Lord Marland: I think it is much easier, to be honest, if the local associations get to grips with that issue because ours is completely driven by the association. So it really is not within my remit.

  Q32  Keith Vaz: How can the problem of the incumbent party's automatic advantage in being supported by the Government Communications system be addressed? Do you all feel disadvantaged because the Government has its own press office supporting the work that it does?

  Lord Razzall: Yes, I think this is a bias in the system that favours the sitting government.

  Q33  Keith Vaz: You need to spend more to try and counter that?

  Lord Razzall: Yes, correct.

  Lord Marland: I agree.

  Q34  Keith Vaz: Presumably you do not think there is a bias, Lord Levy?

  Lord Levy: I will take a pass on that!

  Q35  Dr Whitehead: Lord Marland, you mentioned earlier the difficulty of working within a possible upcoming period of capped expenditure when it was not easy to find out when the capped expenditure would arise. The Electoral Commission has suggested that there should be a regulated period for candidates' election expenses (and, indeed, for national spending by parties) which they suggested should be fixed at four months ending with the date of the poll. Indeed, that was briefly a feature in legislation before it was withdrawn. Do you think the principle of regulated periods is workable at all? If it might be workable, is there any particular reason why it might not be six months or 12 months or some other period? Obviously, this is a question for everybody.

  Lord Marland: There were two strands to your question. One was about capped expenditure, which I have no absolutely no problem with—in fact, indeed, we generally try and operate on a self-imposed capped expenditure of about £50,000 per donation for the running costs of the party. I exclude from that, so there is no misunderstanding, election and capital expenditure. We have had a slight self-imposed promise since I took over. I have no problem with that for the running costs of the party at all. As far as the time period is concerned, it is totally inoperable if you are in opposition. If there is a leadership election and Mr Brown wins, as we are all told he will, and he chooses to hold a snap election, how can we possibly budget to raise £20 million, or £15 million, or whatever the figure is, in the 12 months prior to that? It is completely unworkable. I think you will find that the four months' limitation will also be unworkable for the very same reason; in opposition you cannot predict, and it is therefore unfair.

  Lord Razzall: I think the system has only really worked because it has been pretty certain that there would be an election in 2001 and there would be an election in 2005. That is why it actually did work. Of course, in 2001, reminding the Committee, one or two of the other parties got caught in a bit of wasted expenditure because at the last minute the Prime Minister was forced into delaying the election because of the foot-and-mouth scare, so that there were all sorts of sites and campaigns booked which, I suspect, had to be written off by the other two. We did not have the resources to do that so it was less of a problem for us. It will not work if there is not the same clear certainty as to when an election is likely to be. The point that Jonathan made is a very valid one: supposing the Prime Minister retires and is replaced by a new leader and the new leader decides to go for a snap election? How do the opposition parties plan their finances in that context?

  Q36  Dr Whitehead: Do you think exactly the same point applies both to parties' national expenditure and to the regulation of candidates' election expenses, and that is, perhaps, a distinction that might be made? That is the point at which, as it were, the candidate incurs expenditure directly related to the candidacy and is therefore regulated by the maximum limits that apply at a local level. Are those two different points or do you think they are aspects of the same essential point about the working difficulties?

  Lord Levy: This is not my area of expertise at all but, just from listening to the conversation taking place, logic would seem to dictate that it applies much more to that local situation and local candidates rather than on a national level. That would just be an opinion I am putting forward as this really is an area of expertise that I have not been involved in at all.

  Lord Razzall: Currently, provided the amount of donations are declared, as Jonathan Marland said, to a local campaign, the local constituency election limits kick in very late by comparison with the amount of money that is being spent in marginal seats. This is a point I was making before: you can pick your figure, but if you were to have a three-way marginal seat (and there are not that many of them because they all tend to be two-way marginals) certainly well into six figures would be spent by the three political parties, way above the limits, but the limits really only kick in four weeks or whatever it is before the actual election date. So Jonathan is right, that if anybody is given £5,000 nationally or £2,000 and-whatever-it-is locally, that has to be declared but the actual expenditure does not have to be declared. We are building up a real problem here, which is the point that Barbara Keeley was making; that is where elections are being won and lost in actually a non-transparent way.

  Q37  Dr Whitehead: Would the net effect, though, perhaps, be that if you had a regulated period of candidate expenditure, as we have already said, then the period during which the expenditure might be allocated would simply get earlier and earlier?

  Lord Razzall: How do you know when the election is going to start? We are back to the original point you made.

  Q38  Dr Whitehead: That was precisely my next thought. Are there any thoughts that you might be able to offer concerning the automatic advantage for the governing party that any system of regulated periods might give in the way that you have outlined? Are there ways in which there could be both a regulated period but without this apparent fundamental issue that the fact that the Prime Minister declares the election—

  Lord Razzall: You could go for a fixed term parliament, which is beyond the brief of this Committee, which we have often advocated.

  Lord Levy: I could not offer any wisdom on when the Prime Minister chooses to stand down or when Mr Brown takes over.

  Q39  Chairman: He has not told you?

  Lord Levy: Correct, Mr Chairman.


 
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