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.
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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.
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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.
www.charitycommission.gov.uk/detailed-guidance/managing-your-charity/speakingout-guidance-on-campaigning-and-political-activity-by-charities-cc9/charities-andelections/.
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.
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† 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/5670/1
878324.pdf
with an Explanatory Memorandum at
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/5671/1
840982.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
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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:
http://www.equalityhumanrights.com/advice-and-guidance/
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.
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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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