Select Committee on Constitutional Affairs Minutes of Evidence


Examination of Witnesses (Questions 220-229)

SAM YOUNGER AND PETER WARDLE

16 MAY 2006

  Q220  Mr Khabra: Why do you think the large donations from wealthy individuals have become such an important part of party fund-raising?

  Sam Younger: It is interesting perhaps to look at the work we did around the report that we published in 2004. While it was the case, as we have already mentioned, that the level of debate among the public has not perhaps yet been taken as far as it needs to be to establish whether the public would like party funding principles to emerge, although the public were not terribly comfortable with more state funding they were pretty clear that once individual donations, whether from individual people or individual organisations, got beyond a certain level—no real definition but big donations—they started to lose some faith in the process. Why has it happened? It has happened partly because of the decline in mass membership of political parties. It has happened partly also, I think, because in different parts of the world where there has not been a significant framework of state funding, as membership and membership contributions drop away and the cost of campaigning actually, or in parties' perception (the arms race point), gets more and more expensive, they have to fill the gap. That is my analysis of why we have reached the position we are in at the moment.

  Mr Khabra: The large charity organisations get money from rich people, those who give money honestly for a purpose. If these people can donate to a charity why can they not do exactly the same by donating money to a political party of their choice?

The Committee suspended from 5.29 pm to 5.45 pm for a division in the House

  Chairman: We will now resume. I know you were in the middle of answering a question from Mr Khabra who is not here at the moment, but I intend to call the next group of witnesses at six o'clock, which means we have to deal with a number of things quite quickly in the remaining 15 minutes and I will ask Mr Brokenshire to proceed.

  Q221  James Brokenshire: I just want to move on to a linked issue on donations and the potential risk of at least the perception of a conflict of interest if a party donates or loans money to a particular party and that party is then in government and that person or a company connected with him or her is then the beneficiary of a contract from that governing party or makes a bid for a contract. Do you accept that there is this conflict of interest and, if so, is there a need for greater transparency?

  Peter Wardle: I think transparency is at the heart of this. The basic framework that was introduced by the legislation takes as its starting point maximum transparency about who is giving money to political parties and indeed how political parties are spending the money they get. I think provided the transparency is full and open it is perfectly possible for any issues of conflict to be seen and raised. I do not think the problem is necessarily with the rules on transparency of donations. There may be an issue with the presence or absence of rules around the awarding of contracts or other things that happen in government, but that probably goes outside the scope of the legislation on party financing, though not necessarily. It seems to me that if there is a broken part of the framework it is probably at that end at the moment rather than the basic principle of transparency which is in PPERA about who gives money to whom.

  Q222  James Brokenshire: So you would not support in essence restrictions on people who have received donations; there is more a need for greater transparency perhaps when contracts are being bid for by persons connected with those companies? Transparency at that end is something you think needs a look at?

  Peter Wardle: That would complete the circle, if you like. It is impossible to have prospective transparency. You do not know what may happen five years down the track. The fact that the individual or the corporation may have made a donation five years ago may or may not become relevant when something happens later on.

  Q223  James Brokenshire: But on the basis of what you said is there a need for greater transparency based on the system as it exists at the moment in relation to contracts?

  Peter Wardle: I cannot claim to be an expert on the current rules. It seems to me that on the whole commentators, the media, do not have too much difficulty, perhaps as a result of freedom of information, in finding out who gets government contracts, for example. I know there are issues around who may have bid and been unsuccessful in government contracts, but in terms of who gets the work there seems to be a reasonable degree of transparency. It seems to me that if there is a problem it is particularly at that end of the process.

  Q224  James Brokenshire: Do you believe that those who have substantial outstanding loans to political parties should be appointed to ministerial office or is there a need for greater transparency there as well?

  Peter Wardle: The view we have taken is that our job is to ensure maximum transparency. Political parties, governments, individuals, may want to consider for themselves how, given that transparency, various appointments, actions, behaviours, statements, might be perceived. I do not think it is for the Electoral Commission to get involved in commenting on those particular events. Our job is to make sure that people who may have a view on those events have the full information about any financial links with political parties.

  Q225  James Brokenshire: I hear what you say about not wanting to tread on the toes of whether someone should be appointed as a minister or not and that that as you see it is not your remit. Is there a need, based on your feelings as to where we are today, for any greater transparency on loans, donations and in the context of ministerial office?

  Peter Wardle: We have said already that, to the extent that the public feel that there is not full transparency around the financial links between individuals and organisations on the one hand and political parties on the other hand, public confidence is damaged. That in a nutshell is the essence of the debate at the moment. We have striven since we were established to ensure maximum transparency, and to the extent we have not achieved that and the legislation has not achieved that we have, as you know, called for a speedy solution to that and we were pleased that that was put in place by Parliament in the Electoral Administration Bill.

  Q226  Mr Tyrie: Your role is advisory so you are often on a hiding to nothing, frankly, but there are a number of things it would be very helpful if you could do nonetheless in the debate. The first is to establish some facts. You have done some of that but, for example, I note in Sir Hayden's submission, which we only got minutes before the beginning of this hearing, that he appears to be swallowing the suggestion that Labour Party funding comes from the trade unions amount to only 22%. Your own figures suggest a range of 50-60%. I have never seen anybody suggest it is less than half. I wonder whether in these controversial areas you could try and put some facts into the public domain in a digestible form to help the debate.

  Sam Younger: In principle yes, particularly if it is stuff that we have got already. I am very wary of the treading on toes but more of what our own capacity is in terms of generating particular information, but if it is information we have got, particularly if there is a request, for example, coming from this committee for information that is in our possession, we will make every effort to put it together.

  Q227  Chairman: We may want to put in some more specific request for information of that kind.

  Sam Younger: Yes, we would be very happy to take that on board. There may be cases where we cannot do it but we would say so.

  Peter Wardle: It is also fair to say that in the initial discussions we have had with the team working for Sir Hayden we have pointed them to the fact that we hold a lot of factual data about party funding as a result of our remit and we would be more than happy to help them to find their way through that.

  Q228  Mr Tyrie: The point I was making was that your data on the whole is not put necessarily into its most digestible form; shall I put it like that? Try hunting around on your own website and you will see what I mean.

  Peter Wardle: I have tried that on a number of occasions.

  Q229  Mr Tyrie: Another example, although you have put it into a more digestible form here, of research that it would be helpful maybe to follow up, is the fact that although it is true that we are faced with the apparent conundrum that three-quarters of the population do not want state funding and three-quarters of the population also think parties are up to no good in the way they are funded, which is broadly what this research says, it is also true that your same research suggests most people do not distinguish between party funding and public expenditure generally, nor state funding of parties and public expenditure generally. Nor are people aware of the qualitative research that you have done which suggests that once people have some very elementary points explained to them in a relatively neutral way they end up by a small majority supporting state funding.

  Sam Younger: I think that is a very good point. Indeed, that is part of why what we want to emphasise is building on that deliberative and qualitative work and it is part of the reason why also we would very much welcome any involvement members of the committee would like to have in helping us collectively get the most out of that process because I think there is a lot in that qualitative work that can be built on in those terms, but building up the knowledge base before you ask the public, rather than just the knee-jerk question where in a sense I think intuitively simply asking those two questions, to put it as you did, "Are the parties up to no good?", and, "Do you want your taxpayers' money to be used for parties?". In a sense I think we know what answer we are going to get to those as start questions but the issue is trying to get in behind that and see what people say when they understand a little bit more about it. That is certainly one of the elements we want to pursue.

  Chairman: Thank you very much indeed. There are probably one or two other points we might follow up in correspondence with you and we expect to see you before too long in any case on a number of other matters, including the postal voting issue and the governance issues which are also the subject of other inquiries going on at the moment. Thank you very much for your help this afternoon.


 
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