Guidance for campaigners

Overview

This guidance outlines the key issues that apply in relation to publicity during the period leading up to any Neighbourhood Plan Referendum. This period runs from the publication date of the information statement (a minimum of 28 days before the date of the referendum) to the date of the referendum.

This guidance deals with specific restrictions in relation to any individual’s role as an elected or co-opted councillor.

This guidance also deals with restrictions on how much may be spent by campaigners by way of expenses incurred in the conduct of any campaign either in support of or in opposition to the referendum question.

The term 'councillors' means borough ward, town and parish councillors unless stated otherwise. The term 'council' means Tunbridge Wells Borough Council and the relevant town or parish council.

Publicity

Councillors can create their own publicity, provided council resources are not used.

All councillors must comply with the provisions of the adopted Code of Conduct.

Council business will continue during a referendum period. This includes publicity around normal council business and events. However, this must be carefully thought through to ensure council 'machinery' is not used or allowed to be used or manipulated by anyone in relation to the referendum.

Before arranging any events in the referendum area involving councillors, parish clerks and council officers should take advice from Tunbridge Wells Borough Council.

Councillors representing the referendum area should not be quoted in any press releases issued (if any) relating to the referendum.

No posters or leaflets must be displayed on council premises (including street furniture) or vehicles.

Views on the referendum question, which could be seen as in favour of or against the proposal, must not be published by Tunbridge Wells Borough Council or a local council.

Press releases issued by Tunbridge Wells Borough Council, or a local council, should not be used to support or oppose the referendum question.

Councillors in the Neighbourhood Plan Area need to maintain a clear distinction between their official duties as a serving councillor and their involvement with any campaign relating to the referendum. For example, they should guard against giving any impression of use of council resources for referendum or private purposes. During the referendum period councillors may continue to deal with ward work and represent their constituents.

Care must be taken by councillors who hold positions of responsibility within a council where, by virtue of their role, they could be seen to be supporting or opposing a referendum question.

Expenses

A maximum of £2,362 plus £0.059 for each entry in the relevant register of electors may be spent by campaign organisers in connection with a referendum campaign.

The exact amount allowed for each referendum area will be published in the Information Statement or may be obtained from the Elections team at Tunbridge Wells Borough Council.

Expenses mean the expenses incurred by or on behalf of any individual or body during the referendum period in relation to:

• advertising of any nature
• unsolicited material addressed to voters
• information about the referendum, information about the question, arguments for and against
• market research or canvassing
• provision of any property, services, or facilities in connection with press conferences or dealings with the media
• transport (by any means) of persons to anywhere with a view to obtaining publicity in connection with a referendum campaign
• rallies and other events, including public meetings

Expenses also include any notional expenses, where property, services or facilities are provided free of charge or at a discount.

Campaigning groups are encouraged to register with and submit a statement of expenses to the Counting Officer at Tunbridge Wells Borough Council.

It is an offence for a campaign organiser to exceed the referendum expenses limits and if found guilty would be liable to a fine of up to £5,000 and/or imprisonment of up to 12 months.

Questions and answers

What does the law say?

The Neighbourhood Planning (Referendum) Regulations 2012 (section 5) prohibits the Parish Council or the Planning Authority (Tunbridge Wells Borough Council) from publishing any promotional material other than that required to be published under Section 4 – (Information Statement and specified documents, or factual information about the referendum) during the referendum period.

Sections 6 and 7 of the Regulations sets out the limit that may be spent on referendum expenses and the penalty for non-compliance.

When do the restrictions apply?

The relevant period is from the date when the 'Information Statement' is published by Tunbridge Wells Borough Council until the date of the referendum.

What does publicity mean?

The meaning of publicity is wide and includes any communication, in whatever form, addressed to the public as a whole or to a section of the public.

• Publicity can take the form of speeches, interviews, items on a council’s websites or notice boards, press releases, newsletters, leaflets, and newspaper articles issued by or on behalf of a council.
• Publicity can also include publicity issued by organisations that receives funds from a council. For example, if the council funds an activity group which organises an event that overtly attacks or supports a referendum campaign that could amount to a breach of the rules. A council cannot fund other organisations to produce publicity it is unable to issue itself.
• If a council holds public meetings or supports or assists in meetings organised by others, then this is also caught by the provisions.

What are the restrictions on a council’s publicity?

The law does not allow a council to publish or to assist others to publish material, which appears to be designed to affect public support for a referendum campaign. The intention behind the publication does not matter – what is important is whether it 'appears' to be designed to affect support. This covers broadcast items, as well as written material.

It can cover printing, even if the same information published at another time would be considered reasonable. It is safer to avoid giving support and facilities for campaign material during the referendum period.

What are council resources?

The definition of council resources includes ICT, telephones, fax machines, photocopiers, stationery, headed notepaper, postage, transport, and staff time.

What are the restrictions on the use of council resources?

The Code of Conduct for Members provides that a member must make sure that the council’s resources are used for proper purposes only.

Services or facilities provided for members should be used exclusively for the purposes of council business or to enable the member concerned to discharge their function as a councillor. This applies to:

• council stationery (letterheads, envelopes, compliment slips)
• telephones and fax machines
• photocopiers and ICT equipment
• officer time

The use of council resources for purely political purposes, including designing and distributing referendum campaign or party-political material produced for publicity purposes is prohibited under The Code of Conduct for Members. Use of a council’s resources in such a way is likely to amount to a breach of the Code of Conduct. The Code of Conduct includes a requirement for members to have regard to any Local Authority Code of Publicity made under the 1986 Act.

What is meant by 'use of council resources'?

The use of council resources for referendum campaign or party-political purposes covers not only the publication of campaigning material but also any other activity intended to promote purely campaign or party-political interests. Examples include the use of a council’s postal system to distribute campaign material or sending out material using a council e-mail address, use of staff time to conduct research to assist in promoting a campaign.

Why are the restrictions imposed?

The reason for restrictions during the referendum period is not to prevent a council conducting its normal business, but to prevent council business conducted during the referendum period being used to secure advantage for a referendum campaign.

Care needs to be taken to ensure that publicity or council activities cannot be perceived as seeking to influence public opinion or to promote a referendum campaign.

What happens to press releases during this period?

During the referendum period press releases about the referendum will not be made unless authorised by the Counting Officer at Tunbridge Wells Borough Council.

Factors, which will be considered, include:

• the content and style of the material
• the likely effect on those to whom it is directed
• whether material promotes or opposes a view on a referendum question

Can the council comment on misleading campaign material?

It is acceptable to 'put the record straight' if damaging misinformation has been circulated as part of a campaign. The publication of press releases containing factual information where the sole purpose is to refute or correct any inaccuracy in material published is allowed. Advice must be sought from the Counting Officer at Tunbridge Wells Borough Council before any steps are taken.

Can councillors use council web pages?

The content of web pages maintained on a council’s website should not contain reference to a referendum campaign.

What are the rules for council staff?

During the referendum period there is a need for greater sensitivity; all staff should follow the guidance as set out in this document.

Council staff must always be careful not to give the impression of supporting a referendum campaign.

To maintain the appearance of neutrality, those members of staff whose work is confined to a very specific geographical area where the public knows them in their official capacity should not canvass or act in any visible manner in that area in support of a referendum campaign.

Staff should not wear any campaign badges or stickers whilst conducting their work or have campaign stickers etc. on work items such as clipboards.

Staff should not express their personal opinions about a referendum to the general public, tenants, and residents (and their representatives), councillors, or members of parliament.

Staff should take extra care not to allow themselves to be photographed with campaigners. This is because if such photos are re-printed in a campaign leaflet, it could be seen as an endorsement of the campaign by an officer or a council itself especially if the photo is of a senior officer of a council.

Are there any special rules that Tunbridge Wells Borough Council staff in politically restricted posts must abide by?

Staff in politically restricted posts will know the legal rules that apply to them. If you are unsure about whether you hold a politically restricted post, you should speak to your line manager or HR.

Can councillors talk to the press and media during a referendum period?

The restrictions apply to official council organised publicity including press releases or events and the use of the council’s resources. However, to avoid enquiries relating to a referendum campaign being directed via council officers, councillors are asked not to include council addresses and telephone numbers in any literature.

Councillors who represent the referendum area need to maintain a clear distinction between their official duties as a serving councillor and their involvement with any campaign relating to the referendum. For example, they should guard against giving any impression of use of council resources for referendum or private purposes or giving the impression they are acting in their capacity as a councillor.

What about publicity for events?

The restrictions apply to any events organised by the council. It is better to avoid proactively scheduling PR events and photo opportunities in the referendum area during this period if possible.

What about events that cannot be re-scheduled for operational reasons?

If a council event in a referendum area cannot be postponed until after the referendum, it is vital it is organised in such a way as to minimise the likelihood of criticism being raised that the real purpose of the event is to publicise a particular campaign.

If a representative from one campaign is to attend, then (where possible) representatives of other campaigns should also be invited, and all should be asked not to use the event for campaign purposes.

What about posters and leaflets?

No campaign posters or leaflets must be displayed on council notice boards, premises (including street furniture etc.), or vehicles.

Any publicity material relating to the referendum published on behalf of any campaigning group should include the printer imprint i.e., state who the material was printed and published by.

What about meetings during this period?

Any meeting, which might be seen as having the potential to be seen as contentious, in relation to a referendum should be avoided. Where a council controls the scheduling of such a meeting and it can be deferred until after the election without significant detriment, then the arrangements for the meeting should be organised accordingly.

Other meetings in support of the council’s functions can still take place provided that such meetings are not used or could be considered to give rise to the perception that they are being used, in connection with a referendum campaign.

Community forums relating to the referendum area and scheduled to take place during the referendum period should be postponed or cancelled.

Can councillors send out correspondence to constituents?

Councillors are permitted to respond to correspondence they may receive in the normal way and deal with casework because of surgeries. However, letters or e-mails, which are being sent to constituents, must have no reference to a referendum.

Can council premises be used for campaign meetings?

Campaigners are entitled on reasonable notice to use meeting rooms maintainable out of public funds providing, there is no impact on the normal use of the room and as long as they meet the cost of the room payable at the commercial rate, including the cost of preparation, heating, lighting, staffing and similar costs and costs of damages. It is legitimate to use staff time to facilitate a booking.

Are school visits by campaigners different?

The management of schools, which includes permitting access and visits, is usually vested in the governing body who are independent of the council. The governing body would be advised to seek advice from Tunbridge Wells Borough Council. An explanation will be sought as to why campaigners are seeking access to schools during the school day, as there are few potential voters to influence.

The same rules will apply to staff employed by the council in that they will not normally support or facilitate a visit and need to take care about any photographs that are taken.

What sanctions apply?

There are severe sanctions for inappropriate behaviour during a referendum period for a council and individual councillors and officers.

The council can be subject to action by its external auditors in the event of unlawful expenditure.

If a member uses council resources for inappropriate purposes, that can be a breach of the Member’s Code of Conduct.

An employee who behaves in an inappropriate way will be in breach of the Employee Code of Conduct and could be subject to disciplinary action.

For campaigners, referendum expenditure is clearly set out in this guidance. Expenditure more than referendum expense limits may be a criminal offence.

Contact details

Tunbridge Wells Borough Council Elections team

Email: elections@tunbridgewells.gov.uk

Telephone: 01892 554024 (Monday to Friday, 9am to 5pm)

Monitoring Officer

Email: monitoring.officer@tunbridgewells.gov.uk

Telephone: 01892 554257