Helena Kennedy: Charities must be free to engage in politics

There is a growing crisis at the heart of democratic accountability. The public's disengagement from organised politics has gathered pace as they have lost faith in the more traditional forms of political engagement. From the Power Inquiry to the investigations of the Hansard Society the picture is the same; we are less likely to vote in elections, engage in party political activity, trust politicians of any persuasion. We continue to drift away from active political affiliation.

But politics and civic engagement has not gone away. While the decline in "formal" political activity has waned, we have become more active within our communities and in participating in campaigning activity.

The voluntary sector has become the natural home for much of this activity. Some charity memberships far outstrip those of political parties. Trust in charities far outstrips the confidence placed in political parties. It is therefore little wonder that the Government is now looking to the sector to harness its ability to articulate the voice of citizens who no longer rely on the party monoliths to articulate their hopes and aspirations or protect their interests. Campaigning by charities across a broad spectrum of issues has energised and provoked public debate in a way that has left traditional politics in their slipstream.

More recently this has led the newly formed Office of the Third Sector to actively promote an enhanced role for the voluntary sector, not just in service provision, but as the "voice" of a disenfranchised citizenry that needs to be empowered to talk directly to Government. But to flourish in this role we need a legislative framework and guidance that recognises the unique role that the sector is playing in articulating people's views and promoting political debate.

While the Charities Act 2006 is now on the statute book, areas of the law remain inadequate in supporting the growth in citizen advocacy through charities. Campaigning in the 21st century take places in a minefield of confusion, obstruction and outdated interpretations of the law. When restrictions on the ability of charities to engage long term in political campaigning substantially curtail their contribution to civil society, charity law and regulation is clearly in need of change. When organisations applying for charitable status under the human rights purpose of the Charities Act 2006 are told they are "too political", the legal framework is lagging woefully behind modern social realities and needs to change.

The tightrope walked by registered charities in their campaigning work is exceeded by the blanket exclusion civil society organisations face when they try to campaign in other areas of British public life. The 2003 Communications Act bans most "social advocacy" organisations from advertising on TV and radio. BP and Tesco can reach millions through the broadcast media but Amnesty and Greenpeace cannot.

With a spate of new legislation, the government has inadvertently restricted the right of charities and NGOs to protest and demonstrate. Campaigning cannot freely happen in a climate of uncertainty, and some voluntary organisations are hesitating before embarking on an email campaign or protest for fear they may be served with an injunction for harassment, breach of which would lead to criminal liability.

These restrictions are stifling the growth of the very activity the Government has been so keen to acknowledge as valuable and wishes to promote. It was our concern that charities should be able to continue to develop the crucial role they play in campaigning and political dialogue, enriching our democracy and encouraging the development of community resilience and participation.

I have just chaired a report by the Advisory Group on Campaigning and the Voluntary Sector in which we are unanimous in identifying the steps that need to be taken to secure a better underpinning for charities' campaigning activities. We need a clear and unequivocal framework to support and enable campaigning by charities. The unreasonable stifling of not-for-profits access to broadcast media must end. The public have the right to hear all the arguments-not just those of the powerful. And we need to remove the unintended consequences of recent criminal legislation that threaten to restrict legitimate protest.

If we want to foster the emergence of an engaged citizenry through campaigning and political action then we need to ensure that a new framework of confidence is created for charities that can help facilitate a climate where the vibrant dissatisfaction of campaigners can enrich our democratic culture.

Helena Kennedy QC is Chair of the Advisory Group on Campaigning and the Voluntary Sector. For a copy of its report, visit www.bateswells.co.uk