Activist briefing: Political party impartiality and election guidance

April 2016
Activist briefing:
Political party impartiality
and election guidance
Introduction
This briefing is to help Friends of the Earth local group members and activists understand election law and
political party impartiality, and how they might affect local group and activist campaigning activity.
Friends of the Earth is committed to complying with all election regulation. This briefing will help ensure
you can comply with the law whilst continuing to speak out on environmental issues - from stopping
fracking to protecting bees.
Key messages:
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Party political impartiality is vital for effective campaigning at any time – not just around elections
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Election regulations are unlikely to restrict effective local group campaigning - but you should
understand the rules if you plan to campaign around election times
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Please contact us if you want any more help or guidance about party political impartiality or
election campaigning laws – we are happy to help.
Party political impartiality
Friends of the Earth is proudly party politically impartial - we tell it how we see it no matter who is in
government or opposition. Friends of the Earth local groups agree to party political impartiality in the
Partnership Agreement.
Friends of the Earth is party politically impartial because it’s effective; it’s right; and it’s the law!
Allies for environmental justice can come from all sides of the political spectrum. If we assess all parties
based on their record and delivery - not on our preferences for a party or a candidate - we can speak out
with integrity when politicians do the right thing, and when they don’t.
Charity law requires charities to be politically independent, and to make sure we are perceived to be party
politically impartial. Local groups are often seen as ambassadors for Friends of the Earth, so it is important
that they help to maintain the perception of Friends of the Earth’s impartiality.
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Party political impartiality in practice
The Friends of the Earth local group Partnership Agreement states that local groups ‘should not endorse
any Political Party nor work with any Party during an election period; this does not preclude collaborating
with Political Parties on specific campaigns where there are clear, shared goals.’
A vital part of political impartiality is maintaining the public perception of it. This is why it is important that
local group representatives in formal group positions do not also hold or stand for office with a political
party at the same time.
Top tips for maintaining political party independence and impartiality

Make sure your local group is independent from political parties including: Officers of local Friends
of the Earth groups should ideally not be representatives of political parties (elected or candidates).
This is especially important in the run up to elections.

Local groups should not support or oppose political parties, elected politicians or candidates. You
can of course comment on policies and actions of elected politicians and actions of parties and
candidates in relation to the environment – that is an important part of how we hold politicians to
account.

Give all parties the chance do the right thing: Whether you’re organising an event, or trying to get
local politicians to sign up to a commitment, (unless there is a specific reason not to) it is important
to give all of the main* political parties in your area equal opportunity to attend or speak at your
event, make a pledge, etc.
*There are dozens of registered political parties. For practical reasons we need to prioritise.
Friends of the Earth nationally tends to prioritise engagement with the Conservative,
Labour, Liberal Democrat and Green parties.
 Comment on policies, not motives: Make sure you comment on their policies not what you think
their motives might be – comments about motives often sound like expressions of personal political
preference.

Think about public perceptions of party politically partial impartiality: When planning public
activities, think about how your groups’ work will be perceived by the general public – especially if
you are campaigning in alliance with organisations that are politically affiliated to, or which support
or oppose particular parties.

Focus on the environment: Friends of the Earth has a mandate to speak out on the environment.
Make sure that whatever you campaign on locally, there is a clear link to environmental protection.
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Election regulations
Council elections and mayoral elections – including the London Mayoral election
The Representation of the People Act (RPA) regulates spending in advance of local elections, including
council elections and mayoral elections.
Regulated campaigning activity includes: rallies and public events, printed campaign materials. Volunteer
time does not count as regulated activity.
There are spending limits for campaigning intended to influence how people vote – including on issues. If
your local group is planning significant campaigning activity around local elections in your area, and you
think there is a chance you might spend more than £500 or so, do get in touch. An Electoral Commission
factsheet on the RPA as it applies to local elections is here.
Friends of the Earth is campaigning on the London Mayoral election and will be recording our regulated
spending.
National Assembly for Wales, Northern Ireland Assembly, and Scottish Parliament elections in 2016
The Political Parties, Elections and Referendums Act (PPERA) limits spending by organisations, including
Friends of the Earth, on certain types of campaigning before elections and referenda. It was amended by
the Lobbying Act, which you may have heard of, ahead of the 2015 general election.
Regulated campaigning activity includes: staff time, rallies and public events, printed campaign materials.
Volunteer time does not count as regulated activity.
Any organisation which spends more than £10,000 on regulated campaigning on any of these elections or
the EU referendum, on its own or in coalition with other groups, will need to register with the Electoral
Commission. Friends of the Earth is working with other environment groups and we are likely to register
with the Electoral Commission for at least one election.
Friends of the Earth local groups are separate legal entities from Friends of the Earth England Wales and
Northern Ireland. It is very unlikely that any local group will spend anywhere near the threshold to need
to register – so your main focus should be maintaining high standards of party political impartiality.
EU referendum
The Political Parties, Elections and Referendums Act (PPERA) also regulates spending on campaigning
around the EU referendum.
Friends of the Earth nationally is campaigning to remain in the EU and our spending is limited. If your local
group is planning to campaign on the EU referendum please read our Guide for activists on EU referendum
campaigning is here.
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Ask us for help!
If you are planning to campaign on any of the above elections or the EU referendum please feel free to get
in touch, particularly if you plan to:
 Compare the record or commitments of candidates or parties
 Holding hustings events
 Holding speaker events about the EU referendum
 Holding public events with politicians
Frequently asked questions:
party political impartiality and election law
Q: If a political party, politician or candidate in my area does or says something especially good about
the environment, can we welcome it public?
A: Yes, absolutely. It is important to say when politicians do the right thing (and when they don’t!).
However, do make sure that you praise (or criticise) the thing that the politician or party has done or said,
rather than the party or person themselves. In addition, welcoming something that a politician has done is
often a good opportunity to say what they should do next.
Q: If I am standing as a candidate in a local or national election, can I remain in an official position in a
FoE local group?
A: No. It’s absolutely fine to continue to be an active member of your local group if you are standing as a
candidate at an election, but we would ask you please to step down from any official position (e.g. Chair,
Treasurer), for the duration of the election campaign, and if you win, for the duration of your time in
elected office.
Q: Is it ok to share a stall at an event with a political party, or produce a co-branded leaflet with the local
branch?
A: No. It’s very important that public campaigning for a political party or candidate is not combined with
public campaigning for Friends of the Earth.
Q: What campaigning is regulated under PPERA?
A: That’s a tricky one – it’s immensely complicated. But essentially it is campaigning that passes two tests:
 It is in the public domain and
 It could reasonably be regarded as intending to influence the outcome of the election
If your campaigning is party politically impartial and you spend minimal money you don’t need to worry
about the PPERA.
Q: Does volunteer time count towards regulated spending under PPERA or the RPA?
A: No – only staff time
Q: Does spending on activity such as leaflets and public meetings count under PPERA?
A: Yes if it passes both of the above tests
Q: If we undertake regulated activity locally will national Friends of the Earth get stung?
A: Not unless we are working ‘to a common plan’ – often local group activity is independently planned.
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In the public eye, local groups are seen as ambassadors for Friends of the Earth – so local campaigning
could have an impact on whether we, as an organisation, receive complaints under the PPERA or the RPA.
Q: If my group is holding a speaker event about then EU referendum, do we need to have both an ‘In’
speaker and an ‘Out’ speaker to maintain political party impartiality?
A: No. The EU Referendum is not a party political vote, and it is legitimate for Friends of the Earth and local
groups to take a position on the issue, so there is no need to make sure that both sides are represented at
an event. However, there may be other reasons to invite an ‘Out’ speaker, for instance to show we want to
be part of lively democratic debate hearing both sides of the argument.
Further information
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Activism Hotline: [email protected] or 020 7490 0210
Political Unit: [email protected]
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