The PRCA's second set of questions around the Lobbying Act and the Electoral Commission's response

1. The Lobbying Act: Registration of Non-Party Campaigners
Dear Vicky,
Many thanks for your response to the questions raised by the Public Relations Consultants Association
(PRCA) Not-For-Profit and Charity Group.
While we commend the Electoral Commission for its thoroughness in response, we remain extremely
concerned that with just a month to go before the regulations come into force, agencies (often small
businesses), in-house communications teams, and individuals are being forced to come to terms with
such excessive regulations.
There are now more than 300 pages of guidance on your website and with the party conference season
just days away, your latest Update (to which we are subscribed) promises further regulations on this
activity and on social media.
On the specific questions and answers you provided, we would request further clarity on the three
below issues.
The definition of a press conference
In your reply to our original question 4, you state: “Conducting media interviews is not a regulated
campaign activity - regulated campaign activities are listed on page 4 of our guidance Overview of
regulated non-party campaigning.”
However, this guidance states that press conferences could be regulated activity, and the the reply
goes on to confirm; “all costs (including staff costs, overheads or administrative costs) that relate to
regulated campaign activity will count towards the spending limits explain how to calculate these costs.”
Given the main purpose of a press conference is to conduct media interviews, what is the difference
between doing that at a press conference (regulated) and doing this from a radio studio or outside
broadcast (not regulated)?
The definition of a volunteer
In your response you repeat the welcome assertion that volunteer time is not included. However, pro-bono
and unpaid overtime (which could be classed as volunteering) is to be covered. Can you confirm
how you arrived at a definition of volunteering which does not stretch to overtime and pro-bono support?
The possibility of delay
We also note the increasing disquiet from the charity sector, including the Charity Commission, ACEVO,
NCVO, Bond and others and that assertions in the media that reaction to the guidance has been
“largely positive” is not the case. Indeed, we have some sympathy with Sir Stephen Bubb’s comments
that at times this guidance is “incomprehensible.”
In the Act itself, it states that the Electoral Commission must “monitor, and take all reasonable steps to
secure, compliance with” the Act (Part 2, Section 38). If the guidance is incomplete, this will be difficult
to do. It also states in the Act, that the date for enforcement of parts of the Act can be determined by
the Minister and not by Parliament (Part 4, Section 45).
Therefore, we would request that you examine the possibility for delaying the commencement date of
the regulated period until such a time as “appropriate guidance” (which the Commission undertook to
provide during the passage of the Act) is available?
Thank you for your offer of a further FAQ on contractual issues, we will consult further with our
members and ask them to forward specific examples to you should they occur.
Yours sincerely,
Mario Ambrosi, Head of Communications and Public Affairs, Anchor

2. Simon Francis, Director, Claremont Communications
Chair & Vice Chair of the PRCA Not-for-profit and Charity Group
AND THE RESPONSE