Campaigning and the Covenant

Expert charity lawyer, Rosamund McCarthy Etherington, Partner at Stone King, takes a look at the Civil Society Covenant: where we are, what it could mean, and what civil society needs to press for as we come closer to its launch.

The Covenant between Government and Civil Society is due to be launched in Spring 2025, following consultation in the final months of 2024. It’s not a new idea. The previous Compact signed in 1998, was an initiative of the Labour Government. It was watered down in 2010 and the body tasked with overseeing its implementation, the Commission for the Compact, was culled as part of the ‘bonfire of the quangos’.

Previous iterations of the Compact were by no means perfect and attracted valid criticism. For example, an evaluation of the Compact in 2011 by the Baring Foundation noted that it disguised the imbalance in the power relationship between government and civil society, and failed to recognise the divergence of their values and interests. Nonetheless, through the overarching framework, codes of practice and local compact agreements, the compact did make for improved partnership working. It was also one of the available mechanisms when challenging government cuts in funding.

Importantly, undertakings by Government to respect the right of charities to campaign, regardless of any relationship, financial or otherwise, were successfully used by the sector to demonstrate ‘legitimate expectations’. They were also used to call out anti-advocacy or so called ‘gagging’ clauses in funding agreements.

In terms of the latest ‘reboot’, the proposed Covenant framework now covers the four nations and sets out four key principles, including ‘Recognition’ and ‘Partnership’. Depending on effective implementation, the Covenant will be important to the ability of civil society organisations to work in partnership.

Equally, the Covenant must protect the right of civil society to protest and campaign. Given the multiple challenges facing civil society including misinformation, the rise of populism, so-called ‘culture wars’, and curtailments around freedom of speech, it is even more important that debate is not stifled or criticism prevented. Charities should be uninhibited in speaking out and not gagged by anti-advocacy clauses.

In this respect, the two remaining draft principles of ‘Participation’ and ‘Transparency’ are critical as follows.

Participation – to ensure people and communities can be heard and make a difference

In the accompanying FAQ document, NCVO helpfully state that this principle should ‘include a joint commitment to civic rights, including the right to peaceful protest and legitimate campaigning’.

Transparency – to ensure civil society and government have the information needed to best serve people and communities

Preferably the final Covenant will omit the word ‘legitimate’ in relation to campaigning – the definition should not cause any uncertainty around what is permissible. In addition, there should be a clear principle that respects the right of charities to speak out and campaign, regardless of funding, partnership agreements or membership of advisory groups or panels. Misuse of non-disclosure or confidentiality agreements should be prohibited.

All of this should also be accompanied by a repeal of the chilling anti-protest laws. And, although this is not about funding, Government should remove the financial barriers to civil society bringing judicial reviews and introduce a litigation fund for public interest cases.

There was cynicism in some parts of the sector about the previous Compact, but it is better than not to have the principles of independence enshrined in a new Covenant. A proper implementation framework is needed to ensure it has impact.

It is important that civil society advocates as to why a new Covenant is beneficial for the public good through strengthening participation, democracy and transparency. For example, public bodies and local authorities should make a public commitment to the new Covenant and it should be expressly incorporated in statutory guidance for central government, local government, and other public bodies.

Warm words are not enough. Civil society must not let Government off the hook in relation to the next iteration, and there is an opportunity now for a powerful coalition of civil society to advocate and campaign to create the Covenant that the sector deserves.

Rosamund McCarthy Etherington

Categories

Archives

Sign up and get our newsletter

To be part of a more powerful civil society, sign up for news, upcoming events, training and consultancy.   

We will always respect your privacy. Read our Privacy Policy or click here to unsubscribe