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The government is dealing out gagging clauses – and stifling the truth The government is dealing out gagging clauses – and stifling the truth
(25 days later)
We have a government terrified of public debate. Ministers try to undermine the right to free speech at every turn. Officials seem to have given up altogether on our right to information. Campaign groups set up to champion our rights are cowed by restrictions on their activities.We have a government terrified of public debate. Ministers try to undermine the right to free speech at every turn. Officials seem to have given up altogether on our right to information. Campaign groups set up to champion our rights are cowed by restrictions on their activities.
The latest cut to our democratic rights was uncovered on Wednesday – gagging clauses inserted into contracts worth £25bn, preventing non-government organisations and companies from speaking out or creating “adverse publicity” for the government. These included consultants working on Brexit, experts assessing the safety of cladding on social housing post-Grenfell and prisoner rehabilitation charities working with the home office.The latest cut to our democratic rights was uncovered on Wednesday – gagging clauses inserted into contracts worth £25bn, preventing non-government organisations and companies from speaking out or creating “adverse publicity” for the government. These included consultants working on Brexit, experts assessing the safety of cladding on social housing post-Grenfell and prisoner rehabilitation charities working with the home office.
Two-thirds of charities subsidising public sector contracts to survive
Is this a problem? After all, don’t you take the money and then tolerate the conditions that come with it? The problem with this is that all of us – as a society – lose out from this approach. Democratic, responsive and accountable policymaking cannot be left to a five-yearly beauty contest. It requires robust debate, vigorous disagreement, and a presumption of transparency.Is this a problem? After all, don’t you take the money and then tolerate the conditions that come with it? The problem with this is that all of us – as a society – lose out from this approach. Democratic, responsive and accountable policymaking cannot be left to a five-yearly beauty contest. It requires robust debate, vigorous disagreement, and a presumption of transparency.
The problem is particularly acute when 10 years of austerity has hollowed out public services, leaving many non-profit organisations and businesses running an increasing number of basic services directly, on contract from the government. Last year, nearly two-thirds of charities reported using public donations to prop up key health and social services they had been hired to provide. Bad enough when such organisations are essentially providing public services subsidised by charity. Worse still when they lose their advocacy voice because, in taking on those duties, they are gagged by the government.The problem is particularly acute when 10 years of austerity has hollowed out public services, leaving many non-profit organisations and businesses running an increasing number of basic services directly, on contract from the government. Last year, nearly two-thirds of charities reported using public donations to prop up key health and social services they had been hired to provide. Bad enough when such organisations are essentially providing public services subsidised by charity. Worse still when they lose their advocacy voice because, in taking on those duties, they are gagged by the government.
In the development sector, organisations previously lauded for their campaigning prowess have fallen silent while the aid money they campaigned for is increasingly spent for the benefit of British business and the City of London rather than on combatting poverty. Why are they silent? Too many of them are locked into massive, multi-year funding programmes with the Department for International Development.In the development sector, organisations previously lauded for their campaigning prowess have fallen silent while the aid money they campaigned for is increasingly spent for the benefit of British business and the City of London rather than on combatting poverty. Why are they silent? Too many of them are locked into massive, multi-year funding programmes with the Department for International Development.
But it isn’t all about money. The Lobbying Act 2014, created supposedly to crack down on big money in politics, is now infamous for the silencing effect it has had on charities and other campaign organisations. The act defines what constitutes “electoral campaigning” very broadly, and then draws rigorous rules around such a campaign near an election – which is retrospectively applied over the previous 12 months. Which means, in essence, we are constantly in an electoral cycle, constantly having to watch every word we utter. Across the board, charities report that this act has had a tremendously chilling effect on their campaigns.But it isn’t all about money. The Lobbying Act 2014, created supposedly to crack down on big money in politics, is now infamous for the silencing effect it has had on charities and other campaign organisations. The act defines what constitutes “electoral campaigning” very broadly, and then draws rigorous rules around such a campaign near an election – which is retrospectively applied over the previous 12 months. Which means, in essence, we are constantly in an electoral cycle, constantly having to watch every word we utter. Across the board, charities report that this act has had a tremendously chilling effect on their campaigns.
And when both bribes and gags fail to do the trick, the government can always simply stop telling us anything. Freedom of information seems to be all but ignored by some government departments. Over the last quarter for which we have statistics, the Department for International Trade completely rejected 48% of requests. Only 27% of requests were met in full. And 34% of requests weren’t even answered in the permitted time period. The Department for Exiting the EU, Ministry of Justice, and Department for Business similarly completely rejected around half of all requests. Even such seemingly trivial matters as how often a working group meets in a day is too sensitive for us to know.And when both bribes and gags fail to do the trick, the government can always simply stop telling us anything. Freedom of information seems to be all but ignored by some government departments. Over the last quarter for which we have statistics, the Department for International Trade completely rejected 48% of requests. Only 27% of requests were met in full. And 34% of requests weren’t even answered in the permitted time period. The Department for Exiting the EU, Ministry of Justice, and Department for Business similarly completely rejected around half of all requests. Even such seemingly trivial matters as how often a working group meets in a day is too sensitive for us to know.
Without information, without the right to speak, without whistleblowers, you can’t build a thriving democracy. Other European governments understand this. In many northern European countries it is common for governments to fund critical civil society organisations, understanding as they do that only through criticism and accountability can you make good, inclusive decisions.Without information, without the right to speak, without whistleblowers, you can’t build a thriving democracy. Other European governments understand this. In many northern European countries it is common for governments to fund critical civil society organisations, understanding as they do that only through criticism and accountability can you make good, inclusive decisions.
Our government’s actions run in the opposite direction. But campaigners themselves have a real responsibility here. We cannot simply wait for the tide to turn or for a new government to be elected. It is our job to hold any government to account, and it is not up to the government of the day to decide when we can do that and when we can’t. In fact, the harder we are pushed down, the harder we must push back. What we do is not a privilege, but a right.Our government’s actions run in the opposite direction. But campaigners themselves have a real responsibility here. We cannot simply wait for the tide to turn or for a new government to be elected. It is our job to hold any government to account, and it is not up to the government of the day to decide when we can do that and when we can’t. In fact, the harder we are pushed down, the harder we must push back. What we do is not a privilege, but a right.
Democracy will not be destroyed by a single blow, but by a thousand cuts. It will hobble along injured, hollowed out, more and more unable to meet the demands and desires of our country’s citizens, some of whom will turn more to populists and “strong men” to introduce the radical changes we need. If we want something different – a deep democracy from below – then we will need to fight for it.Democracy will not be destroyed by a single blow, but by a thousand cuts. It will hobble along injured, hollowed out, more and more unable to meet the demands and desires of our country’s citizens, some of whom will turn more to populists and “strong men” to introduce the radical changes we need. If we want something different – a deep democracy from below – then we will need to fight for it.
• Nick Dearden is director of Global Justice Now• Nick Dearden is director of Global Justice Now
CharitiesCharities
OpinionOpinion
Public services policyPublic services policy
AusterityAusterity
LobbyingLobbying
Trade policyTrade policy
EconomicsEconomics
Theresa MayTheresa May
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