1. law, govt and politics
2. politics
3. elections

PUBLICITY IN THE PRE- ELECTION
PERIOD (PURDAH) GUIDANCE
PARLIAMENTARY AND BOROUGH ELECTIONS 2015
ISSUED NOVEMBER 2014
Overview – Why is this guidance necessary?
This guidance note outlines the key issues that apply in relation to publicity during the
period leading up to the parliamentary and local elections in Cheshire West and
Chester (known as Purdah).
This guidance note, through a series of questions highlights the key issues in relation
to publicity and the use of Council facilities; it aims to provide practical advice for
officers and Members from the Notice of Election (30 March 2015) to polling day
(7 May 2015).
While we have tried to cover most points if you have any queries please contact the
Democratic Services Team, Media Relations Team or Senior Communications
Manager.
KEY POINTS - PUBLICITY:
ALLOW
Business as usual publicity with quotes from appropriate officers not
Councillors.
Councillors can create their own publicity, provided Council resources are not
used.
Councillors can attend events arranged by other organisations, but the same
restrictions apply about quoting them in any Council publicity.
Decision-making will continue as usual, and the decisions will be publicised,
subject to the restrictions about quotes.
During the period leading up to the formal election period the Council will
continue to issue official press statements about Council decisions on a
factual basis for public information purposes without naming individual
Members – except where there is a genuine need for a political response to
an important event outside the Council’s control
PROCEED WTH CAUTION
Councillors not standing for re-election may be quoted only if the quote has
no political flavour to it., however as these are ‘all out’ elections as well as
being Parliamentary elections on the same day it is possible that even
councillors who are not standing will be involved in the elections in another
capacity. For further guidance on any matter in relation to the press or
broadcast media please contact Ian Callister, Media Relations, Tel: 01244
972216.
Council business can and must continue during an election 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 for private or party political
purposes.
Before arranging any proactive events involving elected Members, officers
should take advice from their manager and Democratic Services or Legal
Services
During the period leading up to the formal election period, assistance with
preparation and processing of Press statements issued by, or on behalf of,
named Members in any capacity will not be available.
Involvement of Councillors seeking election in council launches and
promotional activities will be avoided unless Members from all political parties
are represented and involved. Council officers should not get involved in
political visits to the Borough by government ministers, Opposition
spokespeople or prospective candidates.
STOP
Councillors involved in the election will not be quoted in proactive press
releases issued.
No political posters or leaflets must be displayed on Council premises
(including street furniture) or vehicles.
Views on any controversial issue, which could be seen as supporting one
political party over another, must not be published.
Press releases should not be used to explain party political differences or to
promote a party whose candidate is standing in the election. Council funded
photo opportunities that give publicity to political parties should be avoided.
Staff should not wear any political badges whilst carrying out their work, or
have political badges on work items such as clipboards. Staff should not
express their personal political opinions to the general public, residents (and
their representatives), Councillors or prospective MP’s
KEY POINTS - GENERAL
Reasonable requests by Members and Candidates for any of the elections to
visit Council establishments will be met subject to the approval of the
appropriate Senior Manager and to operational requirements. No such visits
will be supported by the Council’s media and promotions staff including
photographic services which will not be available in those circumstances
Documents placed on public deposit and public displays – Council and school
notice boards and documents placed on public deposit in Council reception
areas and libraries should be checked to ensure there are no “technical”
breaches of the Code; for example by lodging/displaying papers for any
groups known to have particular affiliations.
Members – Councillors standing for election need to maintain a clear
distinction between their official duties as a serving Councillor and their
election campaign. For example, they should guard against any impression of
use of Council resources for election or private purposes. Councillors will
continue to deal with ward work and represent their constituents in the run-up
to the election; officers should deal with enquiries from Councillors who are
seeking election in a methodical, systematic, clear and transparent way.
Members will continue to have the right to ask for written factual information about a
Service under the Freedom of Information Act.
QUESTIONS AND ANSWERS
1.
What does the law say?
The Local Government Act 1986 (The 1986 Act) imposes a prohibition on local
authorities publishing any material, which, in whole or part, appears to be designed to
affect public support for a political party. The Code of Recommended Practice on
Local Authority Publicity (The Code) is statutory guidance issued under section 4 of
the 1986 Act. The council has a statutory obligation to have regard to the Code when
making decisions on publicity, (the remit of the Act and Code includes schools)
The relevant sections in the Code of Recommended Practice on Local Authority
Publicity are reproduced below:
“33. Local authorities should pay particular regard to the legislation governing
publicity during the period of heightened sensitivity before elections and referendums
It may be necessary to suspend the hosting of material produced by third parties, or
to close public forums during this period to avoid breaching any legal restrictions.
34. During the period between the notice of an election and the election itself, local
authorities should not publish any publicity on controversial issues or report views or
proposals in such a way that identifies them with any individual members or groups
of members. Publicity relating to individuals involved directly in the election should
not be published by local authorities during this period unless expressly authorised
by or under statute. It is permissible for local authorities to publish factual information
which identifies the names, wards and parties of candidates at elections.
35. In general, local authorities should not issue any publicity which seeks to
influence voters….”
2.
When do the restrictions apply?
The restrictions apply from the 30 March 2015 through to the date of the
parliamentary and local elections on 7 May 2015– the Purdah period.
3.
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 the Council’s
websites or notice boards, press releases, newsletters, leaflets, and
newspaper articles issued by or on behalf of the Council.
Publicity can also include publicity issued by organisations the Council funds.
For example, if the Council funds a theatre group which produces a play
which overtly attacks or supports a political party that could amount to a
breach of the rules. The Council cannot fund other organisations to produce
publicity it is unable to issue itself.
If the Council holds public meetings or supports or assists in meetings
organised by others then this is also caught by the provisions.
4.
What are the restrictions on Council publicity?
The law does not allow the Council to publish or to assist others to publish material,
which appears to be designed to affect public support for a political party. 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 party
political material from the Notice of Election to polling day.
5.
What are Council Resources?
The definition of Council resources includes: IT, telephones, fax machines,
photocopiers, stationery, headed notepaper, postage, transport and staff time.
It would include the use of the Council postal system to distribute election campaign
material, use of a Council e-mail address to send election material, or using council
staff to carry out research to assist with obtaining information for a political campaign.
6.
What are the restrictions on the use of Council Resources?
The Code of Conduct for Members (The Code of Conduct) 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
Use of Council e-mail addresses
Photocopiers / IT equipment
Officer time
The use of Council resources for purely political purposes, including designing and
distributing party political material produced for publicity purposes is prohibited under
the Code of Conduct for Members. Use of the 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.
7.
What is meant by “Use of Council Resources?”
The use of Council resources for party political purposes covers not only the
publication of campaigning material but also any other activity intended to promote
purely party political interests. Examples include the use of the Council postal system
to distribute election campaign material or sending out election material using a
Council e-mail address, use of staff time to carry out research to assist in promoting
a political campaign.
8.
Why are the restrictions imposed?
The reason for restrictions during the election period is not to prevent the Council
carrying out its normal business, but to prevent Council business carried out during
the period being used to secure electoral advantage.
Particular care needs to be taken to ensure that publicity or Council activities cannot
be perceived as seeking to influence public opinion or to promote the public image of
a particular candidate or group of candidates.
9.
What happens to press releases during this period?
To be on the safe side, our policy is to not to make references to, or use quotes from,
councillors during the election period. If quotes are necessary they will, where
possible, be attributed to an officer. In all instances the Media Relations team will
advise.
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 question of political
controversy, which is specifically identifiable as the view of one political party
but not another.
References to political parties or persons identified with a political party
Where material is a part of a campaign, the effect that the campaign appears
designed to achieve.
10.
Are all Councillors in the same position?
No, guidance imposes restrictions on councillors who are involved directly in the
election whether as candidates or in some ‘other capacity’. Other capacity is taken to
include any member acting as election agent if they are seeking to use council
resources to publicise a candidate that they are acting as election agent for.
As this is an all out local election for this Council potentially all Councillors, even
those not seeking re-election may be in the same position as they may have
involvement in the election in some other capacity, particularly as the parliamentary
election is taking place on the same day.
11.
What about reactive publicity?
Under the Code it is acceptable for councillors holding key political or civic positions
to comment in an emergency. In such an instance it would be acceptable for a
relevant Member to be quoted reacting to the event although every effort must be
made to avoid involving those who are seeking re-election.
12.
Can the Council comment on misleading campaign material?
In some exceptional cases it may be acceptable to “put the record straight” if
damaging misinformation has been circulated as part of a campaign or for any other
reason. Advice must be sought from the Monitoring Officer before any steps are
taken.
13.
Can Members use Council Web Pages?
The content of Web Pages maintained on the Council’s intranet site for Members
who are candidates or election agents should be restricted to factual information,
which is corporately provided for all Members (e.g. contact and surgery details,
Membership of committees etc).
What are the rules for Council staff?
During the election period there is a need for greater political 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 political party or candidate or set of policies.
To maintain the appearance of political 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 canvasss or act in any visible
manner in that area in support of a political party. They may, of course, do all
of these things in other parts of the Borough where the public does not know
them provided that they are not in a politically restricted post.
Staff should not wear any political badges or stickers whilst carrying out their
work, or have political stickers etc. on work items such as clipboards.
Staff should not express their personal political opinions to the general public,
tenants and residents (and their representatives), elected ward councillors, or
prospective Members of parliament.
Extra care should be taken by staff not to allow themselves to be
photographed with any candidates. This is because if such photos are reprinted in a party political leaflet, it could be seen as an endorsement of the
candidate by the officer or the council itself especially if the photo is of a
senior officer of the council.
14.
Are there any special rules that staff in politically restricted posts must
abide by?
Staff in politically restricted posts will know the legal rules that apply to them.
Staff who hold posts that are identified as “politically restricted” are subject to
additional restrictions. These include:
Holding office in a political party
Acting as an election agent
Canvasssing on behalf of a political party or as candidate for election
Speaking in public in favour of a political party
Giving interviews or publishing any written work with the intention of affecting
public support for a political party
If you are unsure about whether or not you hold a politically restricted post, you
should speak to your line manager or your HR Business partner.
15.
Can councillors talk to the press and media during this period?
Of course individual councillors can generate their own publicity during this period
subject to their own party’s protocols. The restrictions only apply to official Council
organised publicity including press releases or events and the use of the Council’s
resources. However, to avoid enquiries of a political nature being directed via Council
employees Members are asked not to include Council addresses and telephone
numbers in any political literature.
16.
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 during this period if
possible.
Councillors who are standing as candidates, or acting as agents, whether in Cheshire
West and Chester or elsewhere, should not be involved in such events. Councillors
who are not standing for election or involved in the election, may attend but should
not use such events to publicise themselves, their parties, or the policies or any
candidates they support.
17.
What about events that cannot be re-scheduled for operational
reasons?
If a Council event cannot be postponed until after the election, 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 one particular party or candidate.
If a candidate or representative from one party is to attend, then (where possible)
representatives of other parties should also be invited, and all should be asked not to
use the event for political purposes.
18.
Can councillors attend events organised by other organisations?
Councillors can attend events but the same restrictions apply about quoting them in
any Council publicity.
19.
What about posters and leaflets?
No political posters or leaflets must be displayed on Council notice boards, premises
(including street furniture etc), or vehicles.
20.
What about meetings during this period?
Any meeting, which might be seen as having the potential to be politically
contentious, should be avoided. Where the Council controls the scheduling of such a
meeting and it can reasonably be deferred until after the election without significant
detriment, then the arrangements for the meeting should be organised accordingly.
When the scheduling of such a meeting is not controlled by the local authority, or
where there would be significant detriment in rearranging or delaying it, then a
Member who is a candidate or election agent should be encouraged not to attend.
As this is an all out local election for this Council all scheduled committee
meetings that have already been timetabled that are not regulatory meetings,
will be postponed, cancelled or (where necessary) brought forward.
Other meetings in support of the Council’s functions can still take place provided that
such meetings are not used, or could reasonably be considered to give rise to the
perception that they are being used, in connection with candidature for the election.
In the case of Community Forums these should be postponed or cancelled none should be held during the purdah period.
21.
Can Councillors send out correspondence to constituents?
Members who are candidates or agents will be permitted to respond to
correspondence they may receive in the normal way and deal with casework as a
result of surgeries. However, letters or e-mails, which are being sent to constituents,
must have no reference to the individual political party and letterheads should reflect
this.
Members not standing for re-election may continue to send letters or e-mails using
the normally permissible letterhead containing a single reference to the party which
the Member belongs to.
22.
Can Members obtain information about a Council service?
Members have a right to ask a Director or a Senior Manager for written factual
information about a Service; Members are not entitled to confidential information
unless this is in connection with their work as an Elected Member. Any candidate for
election (or anyone else) may make reasonable requests for factual information
about a Council Service. Under the Freedom of Information Act 2000 it may be
assumed that this information should be provided in any case in accordance with that
legislation, the request should be referred to the Council’s Solutions Team and it will
be dealt with under the Council’s FOI policy.
23.
Can Council premises be used for political meetings?
Candidates 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 preparation, heating, lighting and similar costs and
costs of damages. It is legitimate to use staff time to facilitate a booking.
24.
Are school visits by politicians 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 the Council. An
explanation will be sought as to why candidates are seeking access to
schools during the school day, as there are few potential voters to canvass.
The same rules will apply to staff employed by the Council in that they will not
normally support or facilitate the visit and need to take care about any
photographs that are taken.
25.
What Sanctions apply?
There are severe sanctions for inappropriate behaviour during an election period for
the Council and individual Members 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 a politically partial way will be in breach of the
Employee Code of Conduct and could be subject to disciplinary action.
For candidates, the cost of inappropriate/unlawful Council expenditures on
political matters could be added to their election expenses, which may impact
on the validity of their election.
26.
Who do I speak to if I am not sure what to do?
Speak with your line manager or:
Mandy Ramsden, Senior Manager - Democratic Services, Tel: 01244 975985
Mark Reaney, The Monitoring Officer Tel 01244
Patrick Sebastian, Democracy and Elections Project Manager 01244 975970
Karen McIwaine, Acting Head of Governance, 01244 977802
Ian Callister, Media Relations, Tel: 01244 972216
Teresa Cunningham, Communications, Tel: 01244 973066
Produced by:
Mandy Ramsden, Deputy Returning Officer, Senior Manager, Committees and
Elections
Teresa Cunningham, Communications