By Maisie Hulbert, policy officer at ACEVO.
Campaigning is central to our democracy, making policy processes more effective and inclusive and holding decision makers to account. But many charities are finding the current campaigning environment fraught, confusing and volatile.
Public and political figures are entering into heated debate about the rights of charities to engage with and speak about controversial issues or challenge government policy. With backbench MPs describing some charitable activity as “weird” and “woke”, we know that many ACEVO members from charities of all sizes are feeling concerned about the risks of speaking out on issues that matter to the communities they work with.
There is a growing anxiety across the sector, even from organisations who do not traditionally ‘campaign’, that their space to speak about what communities need is being shrunk.
This has been underpinned by legislation which limits charity involvement in public debate. When the Lobbying Act was first introduced, it was designed to limit corporate lobbying of government and avoid undermining public confidence in politics. Despite the introduction of the Act, we have seen several cases in the years since, and especially during the Covid-19 pandemic, where individuals have been able to exploit their access to government to lobby in their own interests – for example, the Greensill lobbying scandal. And although the Lobbying Act doesn’t appear to be effective in preventing this kind of political lobbying, it is having a significant negative impact on charities – outlined by the Sheila McKechnie Foundation in this report from 2018. The complexity of the Act has created a confusing environment in which many charities – particularly small, grassroots charities – feel that their campaigning activity could be criticised or defunded with short notice, creating a ‘chilling effect’.
Two pieces of further legislation are currently making their way through official parliamentary processes which could worsen this situation. Firstly, the Police, Crimes, Sentencing and Courts Bill, which will further criminalise marginalised communities and significantly curb the right to peaceful protest. ACEVO submitted joint evidence with several other infrastructure bodies outlining our concerns about this bill, including unnecessary and subjective police powers, and reiterating the importance of a right to protest. Secondly, the Elections Bill will tighten legislation around third-party campaigning and introduce a lower tier of registration with the Electoral Commission of £10,000. This is likely to have a significant impact on small charities which carry out campaigning activity, when staff and overhead costs are taken into account. Many ACEVO members, especially those leading small charities, may find themselves unable to cope with the administrative pressures of registration with the Commission.
Legislation aside, charities are increasingly finding themselves on the frontline of the ‘culture wars’. We have seen inflammatory calls for regulatory enquiries into organisations speaking out on anti-racism; the RNLI being attacked in the press for rescuing migrants at sea; and charities speaking out on behalf of transgender rights experiencing overwhelming social media hostility. These political, legislative and cultural developments are coming together to limit charities’ ability to speak truth to power, and hinder some of their work towards lasting social change, in the face of some of society’s most enduring social challenges. This is particularly concerning given emerging social needs as a result of the Covid-19 pandemic, which we know has hit marginalised communities hardest.
For several years ACEVO has been working to ensure civil society leaders have the freedom and confidence to campaign. We believe that campaigning is a vital part of a healthy, functioning democracy. Charities, which often have a strong understanding of significant social problems, can use campaigns to raise the voices of those who have not been heard and gain an audience with policymakers – and civil society has a long history of doing so. Helen Stephenson, chief executive of the Charity Commission, recently reiterated in a blog that even though it might not always be popular, charities do have a right to campaign. She wrote: “Charities have a proud record of engaging in public debate from a variety of perspectives, giving a voice to their beneficiaries and highlighting their cause and, in doing so, ultimately changing society. Not all charities represent causes that are universally supported, but all charities must be independent.”
ACEVO continues to advocate for an open and enabling campaigning environment for charities to work in. You can find out more about this work on our website, and we welcome members’ input and engagement in some key areas:
- We currently have a survey open to better understand civil society’s experience of applying for and receiving government grants (this survey does not apply to government contracts). One objective of the survey is to understand whether charities feel able to criticise or comment on government decisions and policies in different settings when in receipt of a government grant. If you have recently received a government grant, please do fill out the survey – it should take between five and 10 minutes, and a robust evidence base will help us to make a strong case to the Cabinet Office. The survey will remain open until Friday 13 August.
- We recently coordinated a joint statement from social sector leaders on the right to campaign; please always feel free to add your name to such statements.
- ACEVO has worked with Bond, Quakers, the Sheila McKechnie Foundation, NCVO and Unlock Democracy to produce Campaigning during coronavirus: Lessons from UK civil society to demonstrate the vital importance of campaigning for social change, especially during times of crisis
- Together with members from a wide range of cause areas, we recently met the minister for civil society to discuss how the current environment is limiting for charities, and asking for clear advocacy within government on behalf of charities and their right to campaign
- We have worked alongside other charities including Bond, Friends of the Earth and Quakers to respond with a collective civil society voice in opposition to the Police, Crimes, Sentencing and Courts Bill and the Elections Bill
- We have worked on new guidance from the Electoral Commission alongside NCVO and the Electoral Commission to ensure greater clarity on how regulated periods work. If you have any questions about this guidance, please get in touch on policy@acevo.org.uk.
The Campaigning during coronavirus report outlines a framework to protect the right to campaign:
1. Campaigning is a crucial part of promoting and protecting open societies, democracy, transparency and human rights.
2. Campaigning is a legitimate and necessary activity for civil society, including registered charities and organisations that receive public funds.
3. Campaigning seeks to challenge injustices, hold the powerful to account and deliver social change.
4. Campaigning is carried out by a range of different people and groups, using a variety of tools and tactics to make change happen.
5. Campaigning requires a supportive and enabling legal, regulatory and political environment.
A firm commitment from government to these principles will help us reset the relationship between civil society and decision makers, in which the value of non-partisan charity campaigning is celebrated, and policymakers are open to hearing from the communities charities work with. This will ultimately strengthen democracy and civic engagement at a time when it has never been more important.
