Scottish government will not enforce charity ‘gagging’ clause

The Scottish government will not enforce a law meant to prevent UK charities from speaking out about controversial policies.

The legislation would see state-funded charities stopped from criticising contentious government policies including welfare reform.

UK ministers ordered that, from May, a clause must be included in all government funding deals providing that money is not used to criticise politicians or towards changing government policies.

Charities that fail to comply could see payments stopped and even clawed back.

The Scottish government, however, has said it would not adopt the plans.

Social Justice Secretary Alex Neil said he would write to the UK government objecting to the proposals.

“In Scotland we recognise third sector and equalities organisations play an important role in providing a voice on public policy for communities and we have no intention of adding this clause to our grant offer letters,” he said.

“This planned change could make it difficult for some third sector organisations to highlight the issues that are affecting some of the most vulnerable people in our society.

“We have appropriate and well-designed controls in place to ensure that public money is spent for approved purposes only.”

This position was reiterated yesterday by the First Minister Nicola Sturgeon who said at charity conference The Gathering that charities were a “critical friend”.

While critics have called the law a “gagging” clause meant to appease Conservative MPs tired of relentless criticism of areas such as welfare reform, the UK government insists it is wrong for taxpayers’ money to be handed to pressure groups for lobbying purposes rather than public service or good causes.

Mike Dailly, solicitor advocate at Govan Law Centre (pictured right) told Scottish Legal News: “Constructive criticism and debate of public policy is at the heart of any democratic society. It’s in the public interest to get law reform right and charities bring a wealth of experience and expertise of what works and what doesn’t in practice. So gagging them from engaging in the development of public policy is short sighed, unconstitutional and undemocratic.

“The Scottish government is right to reject the UK government’s ‘gagging clause’ for charities. It’s clear the UK government doesn’t want charities to expose the unworkability and failure of a litany of welfare reforms, from the daft and pointless bedroom tax, punitive benefit sanctions, unjustly depriving severely disabled people of disability benefits to Iain Duncan Smith’s great white elephant, universal credit.”

John Downie, Director of Public Affairs, SCVO said: “SCVO does not accept any distinction between campaigning or service organisations. Service delivery provides essential insights into the issues faced by the most vulnerable people in society. It is essential that this is used directly to inform public policy debate and to underpin campaigns run by charities.

“We fundamentally reject the notion that government funds should not be used to resource lobbying, campaigning or informing public policy, voluntary organisations not only have a right to campaign and lobby government but a duty to do so.”

ENABLE Scotland is a third sector organisation expected to be affected by the new rules. Its executive director of campaigns and external affairs, Jan Savage, said: “The use of unrestricted charitable funds allows us to create a platform for people who have learning disabilities to campaign for what really matters to them. We have campaigned with our members on issues like ‘education for all’ and the ‘closure of long stay institutions’.

“Our #StoptheBus campaign achieved a significant change for people who have learning disabilities by resolving a policy issue that had seen lose their access to a bus passes.”