§ Mr. Amessasked the Secretary of State for the Home Department if he will introduce legislation to prohibit the publication at its own expense by a local authority of documents of a party political rature in the month prior to a local authority election.
§ Mr. WaldegraveI have been asked to reply.
Section 142 of the Local Government Act 1972 permits local authorities to publish for their area information about local government matters, albeit in terms explanatory or informative, of a particular council's policy on those matters. This power is extensive and enables, for example, authorities to incur expenditure on the provision of information to the public concerning the services provided by those authorities within their respective areas and other information as to local government matters. It does not, 282W however, in my view enable them to incur expenditure on the publication of material or the holding of exhibitions whose declared purpose is to induce their electors to vote for a named political party. The question of whether any particular item of expenditure is lawful or otherwise is a matter in the first instance for the council's auditors and ultimately for the courts. It is open to any interested party to bring alleged unlawful illegal expenditure to the attention of the council's auditor who can, if he agrees with the contention, seek a declaration from the courts as to unlawfulness under section 19 of the Local Government Finance Act 1982.
As far as electoral law is concerned, my right hon. Friend the Home Secretary advises me that section 75 of the Representation of the People Act 1983 governs expenses which may lawfully be incurred as part of an election campaign. It is open to any interested party to challenge a local authority's activities under section 75, and a decision on the matter must be for the courts.
Neither my right hon. Friend the Secretary of State for the Environment, nor my right hon. and learned Friend the Home Secretary has at present plans to alter the legislative position, but we are watching developments closely, and shall note with special care the results of any challenges under the existing law.