Guidance to BMA members on the laws affecting the BMA in the run up to the Scottish Parliament Elections
January 2007
Introduction
This briefing paper provides clear guidance on the laws which apply in the run up to an election and how it relates to organisations such as the BMA.
The BMA is an organisation free of party political allegiances. When in contact with politicians and the media on the BMA’s behalf, members should bear in mind that the BMA’s public image and credibility thrives on its political neutrality.
Members should take an apolitical stance throughout the year, but this becomes more sensitive during the period leading up to a political election.
Trade Union Law
The BMA is a registered trade union under the Trade Union and Labour Relations (Consolidation) Act 1992, but the BMA is not a ‘political’ trade union in the way that a number of nationally known trade unions are.
However, the BMA is subject to the provisions of that Act. The BMA’s resources (funds, services or property) may not be used in any way to endorse or oppose a political party, individual politicians or candidates in a political election. This is because the BMA has not carried out a ballot of members to create a separate fund (a Political Fund) for this purpose.
BMA resources cannot be used for the production, publication or distribution of any material, the main purpose of which is to persuade people to vote for a political party or candidate. Not only must these political objectives not be pursued, but every care must be taken to ensure that nothing in the BMA’s activities could be construed as the pursuit of such objectives.
The restrictions described apply to all those using BMA resources, including BMA members.
The Political Parties, Elections and Referendums Act 2000
This Act primarily controls election spending by parties and candidates, but its provisions add an extra dimension of which the BMA needs to be aware. Organisations, like the BMA, which are independent of any political party and therefore not registered under the Act, must not incur expenditure on any material which could reasonably be deemed “election material”. Election material is material which is produced or published, and made available to any section of the public, by whatever form or means, which can reasonably be regarded as intended to:
- promote or procure the electoral success, or enhance the standing of either a political party or any of its candidates with the electorate; or
- prejudice electoral prospects, or the standing of either a political party or any of its candidates with the electorate in connection with an election.
Criticism of the health policies of any party is part of normal BMA activities, and not election material under the 2000 Act. Therefore the BMA can continue to carry out its normal administrative activities with politicians and the media – issuing press releases, providing briefing materials for, and meeting with, politicians. This is because these activities do not incur spending money and our contacts are on a cross party basis.
The provisions of this part of the Act come into effect four months in advance of the day of the election.
In order to ensure no one could “reasonably say” we are trying to encourage anyone to vote for or against a particular party or candidate, it would be prudent to heed the following precautions:
Do not comment on the Executive’s overall track record. You can continue to criticise the content of current policies, and comment on how these have impacted on doctors and patients. Focus on the merits of the measure in question, rather than deriding the party which introduced that measure. Refer to “policies” wherever possible or to “Executive policies” rather than “Labour or Liberal Democrat party policies”.
Do not tie criticism of a party’s policy to a particular party where it is clear that other parties are following a different line, so, for example, rather than “the Labour Party’s waiting list initiative have caused misery to doctors and patients”, say, “the BMA is opposed to any waiting list initiative which focuses simply on reducing numbers on lists”. You can then go on to discuss the pros and cons of the policy as normal. Where policy is being criticised, say funding policy, and link your criticism to the failings of “successive administrations”.
Do, whenever possible, make the point that the BMA supports no particular party – “The BMA is an association free of party political allegiances and as a professional association, we are concerned only with promoting patients’ and doctors’ interests and in obtaining the proper rights and protections for our members.” It would be prudent to add a comment of this nature to observations you make on political party manifestos.
Do not comment on any policy where BMA support is solicited by an individual politician. You can refer back to the BMA’s manifesto and say that the BMA has called for a specific policy. It is advisable not to pose for photographs alongside any politician unless it is a group which is cross party. Such photographs could subsequently appear in the media or a politician’s election leaflet.
It can be difficult to maintain a completely non partisan stance in broadcast interviews where you are not in control of the questioning and your remarks may be edited. Keep returning to the theme of “successive administrations’” failure to address capacity in the NHS and the need for the “next Executive, whoever forms it” to address doctors’ concerns.
Please note that the law, and therefore also these precautions, apply as of now in the run up to the Scottish Parliament Elections.
If in doubt, contact:
Gail Grant
Senior Public Affairs Officer
BMA Scotland
Tel: 0131 247 3050/3052 or
Email the Scottish Public Affairs office