We are in a General Election year (2024). The voices of charities will be important in all sorts of issues. Politicians will seek your views - and you may want to share yours with them. Helen Kidd, Head of our Charities and Third Sector team explains why it is important that charities understand the rules of engagement.
The independence of our charities is one of the most important tools in the third sector’s armoury as organisations seek to advance causes and support communities in all sorts of ways. It is important to keep that in mind - especially from a legal perspective - as campaigning steps up ahead of the UK General Election expected later this year.
That’s not to say that charities should not be campaigning politically. Far from it. Political campaigning is one of the key ways in which charities can achieve their charitable purposes. We see that all of the time. But it is important not to lose sight of the rules which cover the sector.
Scotland’s charities regulator, OSCR, is clear in this regard. Under Scottish charity law, you can campaign if:
- It is advancing your charitable purpose.
- Your own governing rules do not prevent a specific activity.
- You are not advancing a specific political party (no matter how closely aligned your policies may be).
- You can show you are acting in the charity’s best interests (including considering the reputational implications of any activity).
Publicity, whether in the mainstream or social media, is often the vehicle through which both the greatest benefits and risks can come for charitable campaigning at elections - and generally
In considering how you communicate, a valuable sense-check can often be: “Are we seeking to influence public opinion or are we trying to tell people how to vote?”. It should, of course, be the former.
In Scotland, we have the Holyrood/Westminster dynamic to consider too. That’s an important factor in terms of relevance in a UK election dynamic. Is the issue either you or a candidate/party seeks to raise a reserved matter or one which is devolved to the Scottish Government?
Election campaigning is also an important reminder of the rules which charities must follow day-to-day. Paid charity employees who lobby MSPs must properly record relevant interactions on the Scottish Lobbying Register. Trustees and volunteers are, however, exempt from doing so. If you are in any doubt about your obligations in this regard, our lawyers can advise.
It is worth remembering that the register is not just an important tool for transparency, but also for campaign strategy. It can be useful to examine it, see what your peers are working on and where you may be able to collaborate for greatest effect.
Campaigning is at the core of achieving so much of what charities strive to achieve. Its role is often invaluable. It is important, though, that - even with the best of intentions - that you stay on the right side of the line. If you are ever in any doubt about your activity, seek professional advice.
Published 13 March 2024.
