Select Committee on Constitutional Affairs First Report


Conclusions and recommendations


1.  Party funding and the maintenance of a system of parties that compete fairly within the British polity is an issue of central political importance. It is imperative that the Government take a considered and measured view of any proposals for reform, and that reforms command a wide consensus among political parties. Failure to undertake reform, or the promulgating of reforms which are seen to be of a partisan nature will serve only to alienate the public and damage rather than revive political parties in the eyes of the electorate. (Paragraph 13)

2.  Decline in party membership has altered the income profile of the main political parties. However, more significantly, it has altered campaigning strategies, led to a reduction in the number of local activists and subsequently reduced the direct contact that parties have with members of the public. (Paragraph 23)

3.  Political parties receive income from a variety of different sources. Despite the introduction of a duty to produce accounts under PPERA, a lack of common accounting practices makes it difficult to compile a comprehensive account of the income profiles of the political parties. The Government should ensure that the Electoral Commission produce more digestible, thorough and transparent figures of both the private and public sources of party income. (Paragraph 39)

4.  The current system of party financing in the UK is unstable and, unless key issues are addressed, it is likely that these problems will increase further. Not addressing the financial predicament of the parties at this stage could lead to increased dependency on large donations, ever increasing amounts of money being spent between elections and the subsequent further erosion of public confidence due to the increasing appearance of money buying power and influence. (Paragraph 48)

5.  We believe that there are problems, both actual and perceived, with the current arrangements for party funding in the UK. While parties struggle with escalating costs and a reduction in the traditional financial support base, public confidence is damaged by the fear that donors may be able to buy political influence. While the PPERA 2000 introduced closer regulation and some improved transparency, it has not finally resolved problems with the system; if anything increased transparency, by revealing the extent of and dependency on donations from a few rich individuals, corporations and trade unions, has increased the negative impact on public confidence. (Paragraph 49)

6.  We agree with the Lord Chancellor that party funding is only one issue that has an impact on public confidence, and resolving this issue alone will not fully restore this confidence. However, if handled well, the process could contribute to the restoration of public confidence. If handled poorly, regardless of the merits of any proposals for reform, public confidence and engagement will be further undermined. (Paragraph 50)

7.  While we endorse a transparent system, transparency does not solve problems, but draws attention to them. It also invites "sniping" between opponents. It must be based on readily identifiable risks so that audit functions have a clear overall purpose. (Paragraph 53)

8.  We welcome the changes and transparency that have come about as a result of the PPERA. We agree with the basic principles of the current system. We note that the system of regulation has largely developed as a response to specific problems which have emerged, and emphasise the need for constant review and flexibility in what is a very fluid and dynamic environment. (Paragraph 54)

9.  However, we recognize that current reporting methods fail to provide adequate transparency in the way accounts are presented by the Electoral Commission. We urge the Electoral Commission and the Government to work together to improve and strengthen these processes. (Paragraph 55)

10.  There needs to be a fine balancing act between regulation and providing the parties with adequate resources to ensure compliance. It would be counter-productive to increase further the financial burden on the political parties by requiring them to re-direct resources in order to assure compliance. (Paragraph 60)

11.  We acknowledge the difficulties with regulation, especially its application at the local level. However, these obstacles should not prevent the pursuit and development of a robust, transparent, workable and enforceable regulatory framework. (Paragraph 61)

12.  We recommend change to the Electoral Commission to help it become an effective watchdog with appropriate powers of enforcement. We recommend that the provisions in PPERA should be changed to allow a minority of Commissioners to be people with practical past experience of politics from across the political spectrum. (Paragraph 64)

13.  Campaigning is a core activity for political parties which provides information and encourages participation and engagement. It is the means by which political choices are presented to the voters. However, we are concerned about the negative public perception of impersonal and expensive campaigns and their potential impact on participation and engagement should campaign costs continue to escalate. (Paragraph 71)

14.  We recommend that there should be a tighter cap on overall party spending. This limit should be set by the Electoral Commission, and should be determined as the result of an open debate about the real cost of politics. (Paragraph 72)

15.  Although election spending at constituency level is subject to defined limits, extensive spending can take place, including in marginal constituencies outside these limits. Any change, even if designed to encourage a more general shift from national to local campaigning would still be subject to loopholes, and it is not clear whether it would be administratively feasible to close these. (Paragraph 78)

16.  We see merit in the focus of campaigning being shifted from the national to the local level. Whilst recognising that parties must take control of spending, we recommend that there be a modest increase in local spending limits, to be set by the Electoral Commission. (Paragraph 79)

17.  With an increase in the frequency of elections within the United Kingdom, the current definitions of campaign periods for spending regulation periods are outdated, and allow a range of activities outside of those periods, which, although within legal definitions, do not reflect the spirit of the law. (Paragraph 87)

18.  The effects of any reform to address constant campaigning would be far reaching and should only be considered in the context of an agreed overall package of proposals, including limitations on all sources of income and expenditure. (Paragraph 88)

19.  Part of this package would be a revision of the present arrangements to enable the expenditure of all parties, both at local and national level to be capped over a five year accounting period. During this period parties would be allowed to spend their money as they see fit, provided spending is within predetermined spending caps. Any elections falling within the accounting period would continue to be subject to their own spending caps within the laid down accounting period, but would also be counted within the overall five year cap. (Paragraph 89)

20.  It is essential that, both in perception and in reality, money cannot buy undue influence, (or indeed, buy the election result) from within or outside the party. Third party spending should therefore be subject to a transparent and robust regulatory regime and should be regulated within the same accounting period as that determined for political parties so that current loopholes can be eradicated. (Paragraph 92)

21.  Any extension of the existing arrangements for limiting spending (however defined) would not be sufficient to address all the current concerns about the funding of the political parties. It should be considered as part of a broader set of proposals. (Paragraph 96)

22.  Any meaningful limit on donations from individuals, corporations and trade unions would lead to a shortfall in funds, which would not be addressed by a reduction in the current level of the cap in spending alone. However, a donation limit would greatly increase the incentive for parties to widen their support base to a larger number of small donations, a development we would welcome. In principle therefore, we agree that transparency of donations is not enough, and the parties should take steps to agree voluntarily to binding limitations on donations. However, such a limit should only be considered within the broader context of a discussion about alternative sources of funding, including state funding, for political parties. (Paragraph 109)

23.  This issue is difficult to resolve, not least because of the present disagreement about the status of trade union funding to the Labour party. Any move to change the nature of party funding must not stray into prescriptive devices to require political parties to organise internally in ways that violate their democratic relationships with other institutions. (Paragraph 110)

24.  We welcome the new provisions for the reporting of loans under the Electoral Administration Act 2006. However, recent allegations with regard to loans (be they substantiated or not) have had a negative impact on public confidence in the political system. In order to restore this confidence fully, we recommend that all loans to political parties be made illegal, with the exception of those from UK based financial institutions, at commercial rates. (Paragraph 114)

25.  Any extension of state funding should offer the taxpayer visibly cleaner and healthier politics; it should be accompanied by robust regulation and be focused towards the local level. It should also seek to maximise flexibility in determining funding for new parties, and towards stimulating local activity. These aims should be kept in mind when considering different methods of how any potential system of the state funding of political parties is devised and operated. (Paragraph 126)

26.  While we consider it is neither helpful or desirable to try to distinguish between "good" and "bad" expenditure, we recognise the need for further debate around the values and principles that should govern state funding. (Paragraph 128)

27.  We agree that state funding should not be used as a tool to dictate to parties how they should behave or organise. Neither should such funding be simply applied to shore up such parties' existing arrangements. However, while we are sympathetic to the argument that any state funding should be directed towards the local regeneration of parties, this would be difficult to monitor. (Paragraph 130)

28.  Instead, we are of the view that the means by which state funding is determined and distributed should incentivise party activities. Matched funding for membership fees should be introduced as a means of encouraging recruitment, as well as the introduction of a fixed annual amount of funding on the basis of votes cast at the previous election to give greater incentives to parties to increase activity, and thereby engagement and turnout, in seats other than marginals. (Paragraph 131)

29.  We see positive benefits from allowing small donations to political parties to benefit from tax relief, but we suggest that this should be limited to £250 per donor per annum. We also recommend that a 'matched funding scheme' for non-taxpayers should be set up alongside it. (Paragraph 139)

30.  We recommend that any proposals for the reform of the system of party funding should be based on the following key principles:

  Any system of funding should be transparent, and be subject to the full scrutiny of the regulating body, in order to ensure sufficient public support and bolster public confidence in the integrity of the political system.

  It should be workable.

  It should, as far as is practical, be fair between existing parties and new entrants.

  Every effort should be made to attract a consensus among the major political parties.

  It should be based on the principle that the main purpose of political parties is to be a vehicle for public activism and engagement, and should subsequently be focused on making political parties fit for this purpose. (Paragraph 146)

31.  As radical a change may be a step to far for the United Kingdom to take at this stage, but if the public are to see a benefit from greater state funding it will be because they are convinced that it is the way to ensure that parties are free from any appearance they are influenced by powerful paymasters. Increased regulation of donations and of spending, combined with wider availability of state funding, are justified if they open up a clear route away from interest based funding along which further steps can be taken if the benefits become more apparent. Without this sense of direction voters may well conclude that the parties are voting to give themselves more money without removing dependence on their other paymasters. (Paragraph 151)

32.  We recommend that within a stronger and more robust regulatory framework there be a package of changes to the system of party funding to include: an overall cap on spending, both at local and national level; greater transparency about the sources of all elements of party funding; a voluntarily agreed binding framework for the limiting of all large donations leading to an increase in state funding for political parties. We agree that the aim of reform should be to strengthen the political parties, and that no party should be financially disadvantaged by any changes that are introduced. (Paragraph 154)

33.  We acknowledge that all of the elements of the package we propose cannot be achieved immediately. We therefore recommend a two staged approach: a lower national cap on spending alongside a voluntarily agreed binding framework for a limit on donations should be pursued immediately. A combined matched funding and tax relief scheme should also be introduced with immediate effect in order to encourage small donations. The first stage would give parties time to adjust before more radical changes, including further extensions of state funding for political parties, are introduced. This package would not only provide a stable route for parties, but also a transparent and sustainable funding regime which could also be acceptable to the public. (Paragraph 155)


 
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Prepared 19 December 2006