ELECTING
WITHOUT
PREJUDICE
Free speech
Hard facts
Real debate
Britain’s
social fabric rests on a strong bedrock of democratic political discussion. The
freedom to debate and argue the issues of the day, great and small, gives
lasting strength to our elected institutions.
That bedrock is threatened by those
who abuse open debate and stir up prejudice and fear. Such activities make
individuals the targets of violence and abuse. They obscure the real issues at
stake, sowing mistrust and misunderstanding instead of open, public debate in
which all can take part. Such activities, and those who pursue them, should be
rejected by all.
Every
voter wants to know that an election campaign was a fair one, however hard and
passionately it may have been fought. Every voter has the right to the facts
upon which to base their decision on the rival solutions offered by different
candidates. Every candidate has the right to have their proposals considered
objectively. Everyone working for the public has the right to have their
efforts judged on the basis of information that is as objective as possible,
not on supposition.
All of us have a role to play in
seeing that an election campaign gets to the heart of the issues. Candidates,
political parties, local councils and other public bodies, voluntary,
community, charitable and trade union organisations, can all contribute to an
election campaign that gets to the heart of the issues and is conducted in a
responsible manner.
Racism, racial hatred, prejudice and
misunderstanding are serious dangers in Britain today. We call on all who have
a role to play in ensuring that our elections are fair and truly free, to join
us in supporting this call for an election campaign rid of the exploitation of
prejudice.
To achieve
• vigorous
debate
during the coming election campaigns around the issues facing Britain today;
• full
participation by
all involved - candidates, electors and the wider public; and
• a secure and open atmosphere during election campaigns so that all
electors feel able take part in debating the issues, challenging candidates and
gaining a proper understanding of their different approaches and proposed
solutions;
We call upon those
• putting themselves forward for
election;
• seeking to take part in election
debates; and
• public authorities responsible for
ensuring that the rights of electors, of candidates and of the public in
general are properly fulfilled;
To support the following
principles:
Candidates standing for election
should
• work for a welcoming Britain which
values all its people, celebrates its diversity and provides equality of
opportunity for all;
• commit that, if elected, they will
seek to represent everyone, and not pitch one group against another for
short-term political or personal gain;
• ensure they do not take actions or
use words likely to generate prejudice or hostility between different groups.
Leaders of political parties involved
in an election should
• guarantee that their party, its
candidates and campaigners abide by the above principles and that where complaints
are made of activities that may be likely to stir up prejudice, these will be
properly investigated, with appropriate action taken and publicised, if the
complaint is upheld.
Those responsible for electoral
arrangements should
• join in actively encouraging the
participation of electors in the electoral process.
Those responsible for public safety
and security during election campaigns should
• ensure that all electors and
candidates can take part in the campaign, and proceed to cast their votes, free
of intimidation and fear.
Public bodies serving our
communities should
• prepare for the controversies that
surround elections and consider in advance how to challenge misperceptions in
the local community relevant to that authority’s particular responsibilities,
its own work or the impact of that work on people locally;
• refute any false or misleading
information circulating in the area relevant to their responsibilities that
could lead to racial hatred or damage relations between people from different
racial groups. They should act on the basis of the objective information
available to the authority.†
Voluntary, community, trade
union and other interested bodies should
• enable voters to have access to
objective information on issues that concern the organisation and those it
serves. Voters have a right to be able to learn from the diverse experiences of
different bodies, their members and those they serve, who in some cases may be
the best, if not the only, source of such information.
Further advice on
the law, elections and political campaigning
Detailed advice on different aspects
of electoral law as it affects candidates, campaigners, interested bodies and
public authorities can be obtained from the Electoral Commission at www.electoralcommission.org.uk.
The
Charity Commission for England and Wales provides specific advice for
registered charities.
The
Office of the Scottish Charity Regulator does not offer guidance of its own.
The advice is designed for registered charities but is applicable to other
voluntary and related bodies.
† Code of Recommended
Practice on Local Authority Publicity
A Code of Recommended Practice on Local
Authority Publicity was issued by the Department for Communities and Local
Government on 31 March 2011 and is available at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/5670/1878324.pdf
with an Explanatory Memorandum at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/5671/1840982.pdf.
The
relevant paragraphs of the Code
state:
16: Local authorities should not use
public funds to mount publicity campaigns whose primary purpose is to persuade
the public to hold a particular view on a question of policy. It is acceptable
for local authority publicity to correct erroneous material which has been
published by other parties, despite the fact that the material being corrected
may have been published with the intention of influencing the public’s opinions
about the policies of the authority. Such publicity should seek to explain the
facts in an objective manner.
19: Where local authority publicity
addresses matters of political controversy it should seek to present the
different positions in relation to the issue in question in a fair manner.
31: Publicity by local authorities
may seek to influence (in accordance with the relevant law and in a way which
they consider positive) the attitudes of local people or public behaviour in
relation to matters of health, safety, crime prevention, race relations,
equality, diversity and community issues.
32: Local authorities should
consider how any publicity they issue can contribute to the promotion of any
duties applicable to them in relation to the elimination of discrimination, the
advancement of equality and the fostering of good relations.
Does the code permit local authorities to publish factual
material by way of correction or rebuttal of inaccurate statements that promote
discrimination or harassment, or promote or constitute other unlawful acts
during an election period?
Following
a debate in the House of Lords on the Local Audit and Accountability Bill,
Baroness Hanham made it clear in a Ministerial Statement on 15 July 2014 that
local authorities may correct false information:
‘…[T]he
publicity code explicitly provides for a local authority to correct or rebut
misinformation, making explicit provision in the sections about objectivity and
care during periods of heightened sensitivity. Moreover, it contains provisions
about equality and diversity, specifically allowing local authority publicity
to seek to influence the attitudes of local people or public behaviour in
relation to matters including equality, diversity and community issues.
During an election period, for
example, local authorities may publish factual material. A local authority
should take care when issuing publicity and should not be issuing publicity
that seeks to influence voters. However, this does not prevent an authority
from fulfilling its role in seeking positively to influence people in terms of
equality and diversity. Hence if there is disinformation in circulation
promoting harassment, a local authority may take action to correct it at
election time or indeed any other time…[Emphasis added]. Nothing in the publicity code prevents
local authorities addressing issues of discrimination or harassment and
tackling them head on.’
HL Deb 15 July 2013 col. 602 [Lords Chambers]
The Local Government Information
Unit provides practical guidance for local authorities on the Publicity Code which
is available at www.lgiu.org.uk.
The Public Sector Equality
Duty
Guidance on the public sector
equality duty (PSED) can be obtained from the Equality and Human Rights
Commission at:
Section 149 of the Equality Act 2010 imposes a duty on public
authorities when exercising public functions to have due regard to the need to:
a)
eliminate discrimination, harassment, victimisation and any other conduct that
is prohibited by or under the Act
b)
advance equality of opportunity between persons who share a relevant protected
characteristic and persons who do not share it
c) foster good
relations between persons who share a relevant protected characteristic and
persons who do not share it.
This
duty applies to the protected characteristic of race (which includes colour,
ethnic or national origins and nationality) as well as to sex, disability,
sexual orientation, religion or belief, gender reassignment, age and pregnancy
and maternity.
Section 149(3) explains that having due regard to
the need to advance equality of opportunity involves having due regard, in
particular, to the need to –
a)
remove or minimise disadvantages suffered by people who share a relevant
protected characteristic that are connected to that characteristic,
b)
take steps to meet the needs of people who share a relevant protected
characteristic that are different from the needs of people who do not share it,
c) encourage
people who share a relevant protected characteristic to participate in public
life or in any other activity in which participation by such people is
disproportionately low.
Section 149(5) explains that having due regard to
the need to foster good relations between persons who share a protected characteristic
and persons who do not share it, involves having due regard, in particular, to
the need to
a) tackle prejudice, and
b) promote understanding
Certain
listed public authorities are also subject to additional specific duties
relating to the publication of equality information and the setting of equality
objectives, which are intended to enable the better performance of the s.149
duty.
Guidance
in support of the PSED refers to participation in elections as included in the
definition of "public life and other activities" in section
149(3)(c).
Produced by Race Equality
Matters 2015
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