In the lead up to the EU referendum last June, charities were confused. They didn’t know whether or not they were allowed to take a position and campaign for a specific outcome.
At the time, we at the National Council for Voluntary Organisations (NCVO) and others criticised the Charity Commission’s guidance for its negative and prescriptive interpretation of the law on campaigning and political activity. Although the guidance was later withdrawn, the damage had already been done. Afraid of the consequences of intervening in a heated political debate, many charities chose to stay silent.
But charities should speak up. Voluntary organisations are deeply rooted in local communities and work closely with the most vulnerable members of society. Not only are they well-placed to advise on the challenges and opportunities arising from major political changes, but charities are sometimes the only people who speak to those “left behind”.
Now that Article 50 has been triggered, the sector cannot afford to make the same mistake again. Our expertise is needed more than ever.
The task of disentangling laws and regulations, and preparing the country for its exit from the European Union, is the single biggest task facing the civil service since the second world war, according to the FDA, the union which represents senior public servants.
We can hardly imagine the pressure on the civil service and the log jam of parliamentary business this will cause over the next two years.
With this in mind, the government really ought to welcome evidence and insight from charities about what laws need to stay and where red tape can be eliminated. Many charities have strong views about maintaining protections for individual rights, the environment and more.
As things stand, much EU legislation has been transposed into UK law as secondary legislation, meaning it could be amended without parliamentary scrutiny. It is important that we seize this opportunity to voice our concerns and make constructive suggestions.
This is also true when it comes to the future of EU funding. Our estimates show that the voluntary sector benefits from EU funding worth at least £350m a year – and this does not include the required match funding.
But rather than simply replacing old programmes like the European Social Fund and European Regional Development Fund, this is an opportunity to create new and improved funding streams to support charities. We can direct funding where it is most needed while making it more efficient and easier to access. For international programmes or ones that benefit from European collaboration, however, such as Horizon 2020, access must be preserved.
It is up to the sector to make this case to government. No one else is going to do it for us. One thing that I hope charities will join me in speaking up about is the place of EU citizens in our society. New analysis by NCVO shows that nearly 5% of the voluntary sector’s workforce are non-UK EU nationals. They help make crucial services run. When their right to stay and work in this country is under threat, so is the care of those who depend on them.
The voluntary sector provides services to some of the most marginalised groups in society: the homeless, disabled people, the elderly. If we want to ensure we can meet their needs in the future, the government must secure the rights of EU nationals in the UK early in the negotiations.
There is no doubt that significant legislative and policy changes are about to come. It is vital we get them right. As long as we still have the chance to influence them, charities should not be afraid to make our voices heard.
Stuart Etherington is chief executive of the National Council for Voluntary Organisations
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