Business of the House

Lord Cryer Excerpts
Thursday 2nd March 2017

(7 years, 8 months ago)

Commons Chamber
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David Lidington Portrait Mr Lidington
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That sounds like an excellent idea, and I hope there might be an opportunity for an Adjournment debate in which my hon. Friend can pursue the matter further. It strikes me that it is something to which the Government would be sympathetic, but that it would also need a great deal of local work to try to make it happen.

Lord Cryer Portrait John Cryer (Leyton and Wanstead) (Lab)
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I would like to add to the tributes to Gerald Kaufman, who was a friend of mine for very many years. As has been said, he was elected in 1970—at the same election as my hon. Friend the Member for Bolsover (Mr Skinner)—and was one of that generation of MPs who did not get to the Cabinet. He was in the wrong place at the wrong time. He was a Minister of State in 1979 when Labour left office—sadly for many of us, including Gerald, it was for 18 years. If things had been different, Gerald would have reached the Cabinet and would certainly have made an extremely impressive Minister: he was quick; he was witty; and he had a rare ability to think on his feet. Not many people can do that, but Gerald certainly could. I used to see it on a regular basis, including in parliamentary Labour party meetings. As chair of the PLP, I can tell Members that PLP meetings have certainly had their moments of interest. [Laughter.] I am not breaking any confidences in saying that as those meetings are virtually open to the public at the moment. Gerald certainly lightened the tone. There were times when I was chairing PLP meetings when I would find myself momentarily discombobulated by Gerald’s sartorial magnificence. He used to walk in just as I was saying something sensitive.

Gerald always had something interesting to say in PLP meetings, in private conversations and in the Chamber. He was never that easy to pigeon-hole politically or personally. He often had views that seemed at odds with his public reputation. Although he was, in some ways, rebellious, he was actually a natural loyalist. Every Labour leader recognised that Gerald had very loyal qualities. If he had any criticisms of Tony Blair when he was Prime Minister, he never made them public. When he spoke to me, he would start any criticism with, “As you know, John, I bow to no man in my admiration of the Prime Minister.” Then he would go on to be acerbic about something that the Government had just done. He will be very, very deeply missed by many of us from all parts of the House.

In a not entirely unrelated issue, because Gerald represented a city that has a very, very strong footballing tradition, the local football team in my constituency, Leyton Orient, was served with a winding-up order yesterday. This was not something that I was going to raise, but the order was served yesterday. The owner, who has caused mayhem in two and a half years and who has taken the club right down from some of its highest points to some of its lowest, has not paid Her Majesty’s Revenue and Customs for a number of years. No one knows exactly how much he owes, but the rumour is that it is about a quarter of a million quid. We are seeing that sort of pattern in football on a fairly regular basis. I know that we have had debates and statements in the past on the governance and administration of football clubs, but I think that we could do with another statement, or a debate, on the governance of football clubs, because we are seeing people of increasingly dubious character buying up football teams in Britain for whatever mendacious reasons they may have. I think that an awful lot will come out about the owner of Leyton Orient.

David Lidington Portrait Mr Lidington
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I am sure that the whole House will have welcomed the hon. Gentleman’s tribute to Sir Gerald Kaufman. On his point about football and Leyton Orient, we did have a debate about the governance of football only two weeks ago, so I do not think that I can offer a further debate in Government time in the short term, but I will undertake to report his concerns about both Leyton Orient and the general issue that he raises to the Secretary of State.

Business of the House

Lord Cryer Excerpts
Thursday 18th June 2015

(9 years, 5 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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The hon. Member for Wellingborough (Mr Bone) is well known for his preoccupation with the health of others.

Lord Cryer Portrait John Cryer (Leyton and Wanstead) (Lab)
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The Leader of the House may well be aware of the series of crises that have afflicted Barts Health NHS Trust in east London. It is the biggest trust in the country, serving 2.5 million people, and has been the subject of a series of damning Care Quality Commission reports. The situation is not sustainable—it simply cannot go on. May we have a statement on the Floor of the House from the Secretary of State for Health, or perhaps a debate, on that issue?

Lord Grayling Portrait Chris Grayling
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The hon. Gentleman makes an important point. A number of trusts have faced pressures and a number are doing an excellent job. Of course the Secretary of State and those who lead NHS England will always take careful cognisance of where problems and issues arise. I will make sure the hon. Gentleman’s concerns are drawn to the Secretary of State’s attention, and I will invite my right hon. Friend to respond to him accordingly.

Members’ Paid Directorships and Consultancies

Lord Cryer Excerpts
Wednesday 25th February 2015

(9 years, 9 months ago)

Commons Chamber
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Lord Cryer Portrait John Cryer (Leyton and Wanstead) (Lab)
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Will the hon. Gentleman give way?

Pete Wishart Portrait Pete Wishart
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I have no time to give way.

That is what we see with this particular House. It is built into the culture and the history. We need a 21st-century institution that is equipped to deal with the Britain we currently serve. It is no good relying on these old ways of doing things; we need to look carefully and clearly at how we conduct our business. What the public are seeing is cash for access and cash for honours. The public are looking at that absurd, ridiculous place down the corridor, with 850 ermine-clad unelected Lords. That is what they are seeing in this rotten democracy.

We have a task to do if we are to ensure that we clean up this House. I will support the Labour motion, but I observe that a number of Labour Members are among the top earners when it comes to outside interests. I would say to the Labour party, “If you are sincere, do it from next week.” I really hope it goes through with this and can maintain it as a policy. We owe it to our constituents to try to ensure that we do better.

We are not part-time Members of Parliament. Looking after our constituents is a full-time job. A second job means a second master, and that second master expects something back in return. Let us make sure that we do this job exclusively on behalf of our constituents. There should be no second jobs, no paid directorships, no outside interests with a financial return. Let us work for our constituents and make them our only priority.

Business of the House

Lord Cryer Excerpts
Thursday 6th November 2014

(10 years ago)

Commons Chamber
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Lord Hague of Richmond Portrait Mr Hague
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I am sure that my colleagues in the Department for International Development would welcome a debate. We have, of course, had a good deal of discussion about this issue in the debates on another private Member’s Bill and on its money resolution, carried just a few days ago, and in DFID questions just yesterday. Investing in overseas development is creating a world that is healthier, more stable and more prosperous, but that does not mean that the issues about freedom and human rights to which my hon. Friend refers do not remain. Development does not always deal with those.

Lord Cryer Portrait John Cryer (Leyton and Wanstead) (Lab)
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Following on from the question from the hon. Member for Brentford and Isleworth (Mary Macleod), may we have a debate or a statement on accountability within British airports, as London City airport is planning to spread misery among my constituents by changing the flight paths and the concentration of flight paths over my constituency?

Lord Hague of Richmond Portrait Mr Hague
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Those are legitimate things to debate and to raise with Transport Ministers. Of course, changes in flight paths have a major effect on constituents, particularly those in London. The hon. Gentleman can pursue that issue through Adjournment debates or through the Backbench Business Committee, and he is entirely entitled to do so.

Business of the House

Lord Cryer Excerpts
Thursday 17th July 2014

(10 years, 4 months ago)

Commons Chamber
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Lord Hague of Richmond Portrait Mr Hague
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My hon. Friend is, of course, right to stress the importance in any country of a fair and transparent process. That is something that I discussed with the Government of Bangladesh in my previous role as Foreign Secretary. My hon. Friend makes a very important and valid point about that. The House has been able to discuss issues of war crimes many times over recent decades. I cannot offer my hon. Friend an immediate debate, but he understands very well how to go about getting one.

Lord Cryer Portrait John Cryer (Leyton and Wanstead) (Lab)
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May I, too, welcome the Leader of the House to his position? The Foreign Office’s loss will be this Chamber’s gain.

Following on from the question asked by my hon. Friend the Member for Huddersfield (Mr Sheerman), could we have a statement on Gaza on Tuesday, after Foreign Office questions? I am aware that the right hon. Gentleman made a statement on Monday in his previous role, but the situation is not just dreadful, particularly given the increasing number of deaths of children, but is changing very rapidly, so could we have a statement on Tuesday?

Lord Hague of Richmond Portrait Mr Hague
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I am grateful to the hon. Gentleman for his welcome. My right hon. Friend the Foreign Secretary will assess the case for a statement in addition to answering questions on Tuesday. I do not want to commit him to that, but it has been our habit over the past four years to have regular statements on developing crises. Of course, the hon. Gentleman is right that the situation continues to develop. There have been further tragic deaths in Gaza. I am pleased that there is a humanitarian ceasefire in force for a short time today, but of course what we really need is an agreed and sustainable ceasefire and a restoration of the ceasefire of November 2012.

Business of the House

Lord Cryer Excerpts
Thursday 6th March 2014

(10 years, 8 months ago)

Commons Chamber
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Lord Lansley Portrait Mr Lansley
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My hon. Friend makes an important point. Credit rating is used widely by reputable companies, of which Experian is one. None the less, it needs to be done accurately. I think he and his constituents will find that Experian, as a highly reputable company, is as concerned as anybody to ensure that its credit ratings are accurate, but the House will appreciate that he is representing his constituents’ interests and will continue to do so.

Lord Cryer Portrait John Cryer (Leyton and Wanstead) (Lab)
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May we have a debate on racism, particularly anti-Semitism? The repellent behaviour of Nicolas Anelka, and the pathetic and spineless response of the Football Association, remind us that racism is always there and always requires vigilance.

Lord Lansley Portrait Mr Lansley
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The hon. Gentleman has made an important point, with which I completely agree. I cannot promise a debate immediately, but there were debates to mark Holocaust memorial day earlier in the year, and I hope that the House will continue to have opportunities to convey its abhorrence of racism and our determination to tackle it wherever we see it raise its ugly head.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Lord Cryer Excerpts
Wednesday 11th September 2013

(11 years, 2 months ago)

Commons Chamber
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Ian Murray Portrait Ian Murray
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My hon. Friend is absolutely right. We will move on to clause 37 later this afternoon, when we will address some of the issues relating to confidentiality and the European articles. [Interruption.] The Leader of the House chunters from a sedentary position that we should speak to the amendments. As I understand it, Mr Speaker has grouped the stand part debate with the amendments, and I am addressing why I think clause 36 and part 3 of the Bill are deficient, which I think is perfectly appropriate.

I was talking about the Beecroft report’s ideological attack on working people and how the Government are making it easier to fire, rather than hire, employees. That is reflected in the thrust behind amendment 103— I say this for the benefit of the Leader of the House—and subsequent amendments in this group. The Government have yet again failed to produce any evidence whatsoever on what problem they are trying to resolve and what the impact will be on membership lists. Not only do they have no evidence, but, as I mentioned at the start of my speech, they do not even have an impact assessment for this part of the Bill and they have done no suitable consultation.

Lord Cryer Portrait John Cryer (Leyton and Wanstead) (Lab)
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My hon. Friend will remember that Adrian Beecroft appeared before the Enterprise and Regulatory Reform Bill Committee last year. When asked detailed questions, he could give absolutely no evidence whatsoever for what he was suggesting, yet some of those suggestions can be found in this Bill today.

Ian Murray Portrait Ian Murray
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Absolutely, which is why we should be addressing those issues in the Beecroft report, because they influence part 3 of the Bill. Perhaps Ministers, rather than chuntering from a sedentary position, might at last answer some of these questions when they come to the Dispatch Box.

I was talking about the lack of suitable consultation. As far as I am aware, the Government have still not published an impact or cost assessment for part 3 —[Interruption.] The Minister says that they have, but it was not there at 10.30 this morning. They did publish assessments for parts 1 and 2 back in July. In fact, the equality assessment states:

“A full impact assessment will be developed after, and informed by, a period of targeted consultation and engagement of a range of experts.”

But the Committee is debating this Bill before any of that work has been either completed or formally published.

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Ian Murray Portrait Ian Murray
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That has absolutely nothing to do with the registration of 7.2 million trade union members. If an individual member of a trade union on that list has a complaint, I do not see any reason why they would not raise it.

Lord Cryer Portrait John Cryer
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My hon. Friend will be aware that the legal strictures on trade unions with regard to balloting are among the tightest in the world; they are certainly the tightest in the European Union. I can think of one ballot for industrial action that was ruled illegal because a comma was in the wrong place. The idea that trade unions—this is the notion suggested by the hon. Member for Huntingdon (Mr Djanogly)—are conducting fraudulent ballots left, right and centre is simply illusory.

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Stephen McPartland Portrait Stephen McPartland
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I am delighted to hear that hon. Members believe that the issues I am raising have already been dealt with. That is fantastic news. However, if those issues are already dealt with, I see no reason for people to be arguing that there is no reason for this part of the Bill; I see no reason to be against it. There seems to be a lot of anger being expressed.

Not all Government Members have an issue with trade unions or trade unionists. Whenever anybody mentions the words “trade union”, it seems as if we have to have an ideological argument between the two sides of the House. I do not agree with that. We should look at the facts, and the facts relating to clause 36 are very simple: there is a duty to provide a membership audit certificate if a union has more than 10,000 members; otherwise people can self-certify.

Lord Cryer Portrait John Cryer
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There is a genuine point—the hon. Gentleman may or may not have taken it on board—about the big general unions. Because of the changing nature of work and the increasing casualisation of the work force, it is possible for unions to lose as much as 12% of their membership during the course of a year, so they will have to recruit 12% just to stand still. Under those circumstances, as I am sure the hon. Gentleman can imagine, keeping bang-up-to-date records is extremely difficult.

Stephen McPartland Portrait Stephen McPartland
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I completely agree with the hon. Gentleman. The biggest challenge those unions face—it is perhaps a reason that the Bill might help them focus more resources on the issue—is simply the fact that people move home. It is not a matter of losing members of the trade union movement; it is simply a matter of trade unionists moving house between different areas. That creates a massive turnover. We all have experience of moving house and know we have to pay the Royal Mail a fee to redirect our mail for a year. Moving home is a big issue; it is one of the key problems surrounding the clause. Clause 36 encourages the focusing of more union resources on tackling the problems of membership turnover.

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John Healey Portrait John Healey
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I think my hon. Friend is right, but our problem is that we are having to intuit the intention behind these provisions and this clause because the Government have not supplied evidence of a problem, have not supplied a purpose for these provisions, and have not supplied any reason for this unreasonable tightening of the legislation.

Lord Cryer Portrait John Cryer
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My right hon. Friend talked about legal action being taken against trade unions. The other problem is that an employer has six years in which to take that legal action. I can remember dealing with cases where a legal firm said, “Let the ballot and industrial action go ahead because we then have six years during which, at any point, we can take legal action against the union.”

John Healey Portrait John Healey
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My hon. Friend has more experience in this area than I have, and he is right to point that out, and he might have gone on to say, “And what a stark disparity with the legal requirements on trade unions to take any industrial action they may have balloted upon within days, not years, and then to give further fresh notice to the employer before the start of that industrial action.” The legislation is already hugely unbalanced and is, as the hon. Member for Huntingdon (Mr Djanogly) argued, ripe for reform—although I think he and I would disagree on the nature of the reform that is required.

The Opposition’s arguments against this clause and my particular objections are clear, and our amendments highlight them. Regardless of what the Government are prepared to say about its purpose now, it is designed to tighten the current legislation binding trade unions. It is designed to make it more difficult for trade unions to take proper legal, legitimate industrial action and in particular for members facing problems in their workplace to stand up to an employer as a last resort and say, “You’re treating us in such an unfair, discriminatory and unacceptable way that we are prepared to take industrial action as a last resort.” If we allow this provision and this part of the Bill to proceed unamended it will become much more difficult for ordinary people as union members in the workplace to stand up for themselves through their union against their employer.

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John McDonnell Portrait John McDonnell
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I fear when Governments start seeking to regulate civil society generally. That is what the clause does: it is a step along the path of regulation of wider civil society organisations. What else? The Countryside Alliance? We might be up for that, just to see where the money comes from, but there are a range of organisations whose rights, privileges and privacy we want to be respected for reasons of basic civil liberties. Why are trade unions being singled out in this manner? The Bill is being targeted and comes at a time when the Government are predicting that they will be faced with trade unionists who are very angry about not being able to share in what is supposed to be an economic recovery. It is about the exercise of trade union rights.

My hon. Friend the Member for North Ayrshire and Arran (Katy Clark) mentioned the legality of the Government’s legislation. Let me be clear that our Governments have been condemned by the International Labour Organisation and other international organisations for two decades now because of their trade union legislation. It is not just about the right to strike; it is about certain basic and fundamental trade union rights. The clause, yet again, imposes further duties that I believe to be completely contrary to ILO conventions. Yet again, this country will be isolated in the world and condemned for its attack on trade union rights, which are incorporated in all those international statutes and conventions as a basic human right.

In summary, that is why I oppose clause stand part and support the moderate, pragmatic amendment. If we reach that stage in our consideration of the Bill, I will discuss the amendments I have proposed, which basically say that if the Government want the legislation—which we do not support—to go forward, they should at least have some form of trigger, such as a complaint or concern that has been raised and assessed. If there has been a complaint and there needs to be further action, fair enough. That is not the case at the moment and I think that this is just biased prejudice against trade unions and trade unionism overall.

Lord Cryer Portrait John Cryer
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First, let me say what a compelling speech my hon. Friend the Member for Hayes and Harlington (John McDonnell) just made. He made some strong points—this is about the evisceration of the industrial and political opposition over the next few months because the Government can see some serious problems on the horizon emanating from the policies they are pursuing. They want to neutralise any resistance to those policies and their consequences through the Bill and other measures.

I have a series of questions on this clause that I would like the Minister to deal with. My first question has been asked before, but it is specific. What specific complaints about union record keeping have been made and by whom over the last, say, three years? Secondly, as an addendum to that, what evidence is there that unions are not keeping accurate records? As we have heard before, under the 1992 legislation there is already a duty on trade unions to keep their records up to date. What has changed since then? What enormous problems are associated with trade union record keeping that have led the Government to their current position and to change things in such a radical way?

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Andrew Gwynne Portrait Andrew Gwynne
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My hon. Friend is absolutely right that many trade union members, for whatever reason, do not wish their employer to know that they are a member of a trade union but very much value their membership. Does he agree that those members’ concern is that their personal information might get into the hands of their employer and could be used against them in the workplace, particularly for future blacklisting?

Lord Cryer Portrait John Cryer
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That is a very good point. We have had all sorts of debates in this place on blacklisting recently; it is a problem that goes back many decades and persists in many sectors today.

My next question for the Minister is whether there has been any assessment specifically of the effect of the future legislation on the sectors of the economy that are particularly casualised. I am thinking of construction, agriculture, hospitality and catering. In construction and agriculture, particularly, the fluid nature of the work force means that it is difficult to keep accurate records of membership.

I have worked for three trade unions in the past and trade unions, more now than at any time in their history, devote enormous resources—as many as they possibly can—to organising records and keeping them up to date. As I said when I intervened on the hon. Member for Stevenage (Stephen McPartland), large general unions, particularly Unite and the GMB, can easily lose 12% of their membership, particularly at a time such as this. Their membership tends to stand still because they can recruit another 12% in the same sectors to take the place of those members who have been lost because of jobs being lost, factory closures and so on, but just to stand still they have to recruit 12%. The level of churn means that it is difficult to keep records up to date, no matter how many resources are devoted to record keeping. Of course, up-to-date records are dependent on members informing the union that they have moved house, for instance, or changed occupation. That does not always happen.

Baroness Clark of Kilwinning Portrait Katy Clark
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I congratulate my hon. Friend on how he is presenting his case. He is correct that unions put a huge amount of resources into trying to keep accurate membership records, especially because of the number of legal challenges that employers take against them in the courts. Does he agree that the changing nature of the work force, with the increase of zero-hours contracts and under-employment that means that people have more than one part-time job, makes it even more difficult for unions to keep accurate records?

Lord Cryer Portrait John Cryer
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I completely agree with my hon. Friend. There is also the situation involving payroll companies. If such a company offers to take over an employer’s payroll responsibilities, the duties to pay pensions, national insurance and sick pay are divested to that payroll company, meaning that that semi-detached element in the workplace is responsible for maintaining many records, which makes keeping everything up to date even more complicated and difficult. Another aspect is the casualisation of the workplace, because there are some sectors of the economy in which full-time permanent employment is almost being abolished. Again, that situation will make it more difficult to comply with the Bill’s strictures.

John McDonnell Portrait John McDonnell
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My hon. Friend makes a crucial point about the difficulty of communicating with trade union members. I have been a branch secretary, so I know that it is difficult enough to communicate with just a branch. The key aspect of the Government’s motivation in previous legislation has been to address balloting procedures, which I understand to a certain extent, because there is a need to ensure that there is an accurate record of membership when taking a ballot. However, what is sinister about the Bill’s proposals, with reference to the Government’s assessment, is that they are about ensuring that the general public and employers are

“confident that voting papers and other communications are reaching union members”.

The Bill therefore covers a wider range of activities than just balloting, so there could be challenges from employers and others about just whether a trade union had adequately communicated with its members, by post or other means, about any matter.

Lord Cryer Portrait John Cryer
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My hon. Friend makes a good point. Perhaps the Minister will tell us whether any other section of civil society is as heavily regulated as trade unions. Unions will be subject to even more regulation because every piece of communication with members will be covered by statute, which represents an extraordinary intervention into people’s lives.

Will the Minister tell us how the 1992 Act relates to the Bill, and especially to clause 36, because that Act makes provision for keeping accurate and up-to-date records? Will she tell us what has specifically changed since the implementation of that consolidation Act that has brought about an enormous problem that now must be dealt with?

Julie Elliott Portrait Julie Elliott
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Given the regulation on trade unions’ membership records that already exists, does my hon. Friend agree that unions probably are the most regulated membership organisations in the country and have the most accurate records? What is the need for extra regulation, other than to constrain the legitimate actions of trade unions?

Lord Cryer Portrait John Cryer
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I could not agree more—my hon. Friend puts it far better than I could.

Charlie Elphicke Portrait Charlie Elphicke (Dover) (Con)
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I speak as someone who, like many Conservatives, believes in trade unions’ right to use their economic power collectively. However, is the hon. Gentleman saying that trade unions should be subject to less regulation than at present?

Lord Cryer Portrait John Cryer
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Yes, I am. I am interested to hear that the hon. Gentleman believes in the collective strength of trade unions, and I am sure that he will be known in Dover as Red Charlie after that comment.

The trade unions are subject to enormously heavy regulation, so I do believe in less regulation. Successive Governments have carried out all sorts of investigations into the burdens of regulation on every sector of the economy, but I agree with the hon. Member for Huntingdon (Mr Djanogly) that there should be an investigation into the regulatory burdens on trade unions. As a trade union officer in a past life, I have seen such burdens, and while I would be out of order if I talked about my experiences, they were extraordinary. I suspect that a number of Government Members would be surprised to hear how heavily regulated trade unions are.

Charlie Elphicke Portrait Charlie Elphicke
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While I support trade unions’ use of legitimate economic power, taking the step of using that serious power can have great economic consequences. Does the hon. Gentleman agree that that power should be exercised within a framework that has been carefully set out so that the people at the top of trade unions cannot abuse it?

Lord Cryer Portrait John Cryer
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Of course I agree, but there has always been a legal framework for taking industrial action. The idea that anyone ever takes industrial action—not only strike action, but action short of strikes—lightly is a myth. That just does not happen in the real world.

Edward Leigh Portrait The Temporary Chair (Sir Edward Leigh)
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Order. The hon. Gentleman has been very well behaved so far and has stayed entirely in order, but he has been led astray by the hon. Member for Dover (Charlie Elphicke). He should now return to the clause.

Lord Cryer Portrait John Cryer
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I am told that the hon. Member for Dover (Charlie Elphicke) regularly leads people astray—[Interruption.] I do not mean that; I am joking.

As has been said repeatedly, we were first led to believe that this measure would be a lobbying Bill, but since then parts 2 and 3 have been added. We had been promised a lobbying Bill for three and a half years, but all sorts of things have been bolted on to that. Why was there no consultation paper on not only part 2, which we dealt with yesterday, but part 3 and provisions such as clause 36? Why could not the Government have issued a consultation paper so that people could have contributed to the process, rather than ramming the Bill through in a few days, despite introducing it just before the recess? These measures should have been thought through carefully and a consultation process to which people could contribute should have been held, but that simply did not happen.

Frank Doran Portrait Mr Doran
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I declare an interest as a member of the GMB union, which has funded me in the past, and as secretary of the trade union group of Labour MPs. I wanted to say that because, like most of my colleagues, I am tired of the way in which trade unions are demonised, especially by the Government, who are putting as many obstacles as possible in the way of trade unions carrying out their normal and reasonable functions, as is apparent from part 3 of the Bill. The points that hon. Members have made about this group of amendments, which we have been discussing for some time, are relevant to virtually every other provision, because we need to hear from the Government why part 3 is necessary, which is the point on which I shall focus my speech.

I have had some experience of working with the certification officer. In 1993, when the unions were approaching the 10-year ballot for their political fund, I was appointed by a group of trade unions—more than 30 of them—to run the campaign, along with a colleague, Derek Gladwin, who became Lord Gladwin. Sadly, he is now dead. We ran that operation, balloting more than 6 million trade unionists. I did it in close co-operation with the certification officer and I learned a little about the way in which certification officers operate.

If we look back at the history of the regulation of trade unions, it is fairly clear that trade unions are used to regulation and the requirements of regulation. My hon. Friend the Member for Edinburgh South (Ian Murray) pointed out forcefully the very small number of complaints from members about the processes and about the way in which the unions operated— 10 complaints, I think, since the 1980s. Given the numbers involved, that is remarkable.

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Lord Cryer Portrait John Cryer
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My hon. Friend will know that over the years, under Governments of both political complexions, there have been all sorts of reports on what are generally referred to as the burdens on business. In line with the suggestion from the hon. Member for Huntingdon (Mr Djanogly), does not my hon. Friend think it would be a good idea to have an assessment of the burdens on trade unions? I would not recommend someone such as Adrian Beecroft to conduct the review, but it would be a good idea to have some sort of report on those burdens, just so that we can set out the argument in objective terms, in contrast to this very subjective piece of legislation that is being rammed through Parliament.

Ian Lavery Portrait Ian Lavery
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Of course that should be the case, but I am not sure that the Opposition should ask the coalition Government even to try to be sympathetic to the trade union movement. I would be afraid of their response. I know that it would not be positive. Perhaps instead of taking away 90% of trade unionists’ facility time, they would take 95%. That is an example of the ways in which the trade unions have been attacked by the coalition Government.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Lord Cryer Excerpts
Tuesday 10th September 2013

(11 years, 2 months ago)

Commons Chamber
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Wayne David Portrait Wayne David
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I read the press release issued on Friday and I had discussions with the NCVO only this morning. It has issued a brief that updates its position, saying clearly—as I do—that it welcomes this movement, but that the Government have a heck of a long way to go. There is nothing to stop the Government today putting forward, on the Floor of the House, a written commitment to give us an outline of what they want to do. All we have had is a nod and a wink and a promise.

Lord Cryer Portrait John Cryer (Leyton and Wanstead) (Lab)
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I am looking at the legal advice written by Helen Mountfield QC for the NCVO. In relation to controlled expenditure, she states:

“The real vice of the new definition is the lack of clarity, and the consequent lack of certainty as to when expenditure…ought to have been included”.

That sets out the position clearly. It is very uncertain what is going to happen when this becomes law. We will then have a plethora of court cases and the law will be decided by precedent.

Wayne David Portrait Wayne David
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My hon. Friend puts his finger on an important point that highlights the lack of clarity and the confusion at the heart of the Bill. We have heard the fine words of the Deputy Leader of the House on what the Government intend to do, but will he give us this commitment: will he put in writing, by means of a draft amendment that he can amend if necessary, what he has said to the Committee today? Will he provide that substantive material? Please reply.

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Stephen McPartland Portrait Stephen McPartland
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That was a fantastic intervention. I said on Second Reading that a Committee stage debate on the Floor of the House would provide a great opportunity for Ministers to clear up some of our concerns, and we saw that earlier, when the right hon. Member for Carshalton and Wallington (Tom Brake) responded to what was said by the hon. Member for Caithness, Sutherland and Easter Ross.

Lord Cryer Portrait John Cryer
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The hon. Gentleman is being very generous in giving way. I think we should bear in mind the fact that we have been promised this Bill for three and a half years: the Prime Minister promised it three and a half years ago. There was a consultation exercise which closed well over a year ago, and which bore no relation to what is in the Bill. Now, after three and a half years, we are being told that we are waiting for an amendment which we should have before us today.

Stephen McPartland Portrait Stephen McPartland
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The hon. Gentleman has summed up why we have waited three and a half years for the Bill, and why we do not want to wait any longer. We want to get the Bill going.

I believe that the purpose of part 2 is to prevent a small number of large organisations from channelling money in a way that would affect the outcomes of elections, irrespective of the level at which that happens. Its purpose is not to upset the local charities with which we all work, but to enable us to work with those charities to secure the best possible deal for our constituents and communities.

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Helen Goodman Portrait Helen Goodman
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That is a good point; I will concede that point to the hon. Gentleman.

Lord Cryer Portrait John Cryer
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What the hon. Member for Stevenage (Stephen McPartland) says is right, but over the past few days and weeks we have all been reading the briefings from charities and they are not saying “If we do this it is controlled expenditure, and if we do that, it is not.” The problem is the doubt, and that will be resolved in court cases that will probably run for years, unless this Bill is heavily amended, which we are expecting from the Government.

Helen Goodman Portrait Helen Goodman
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My hon. Friend is right. The problems of substance and process in the preparation of this Bill are numerous and inter-connected. People working in voluntary organisations are always annoyed that politicians of all stripes want to associate themselves with their good works but often want to ignore the hard messages they receive from those organisations. They want to ignore the lessons based on the wide range of practical experience the voluntary sector can bring to the table. This Bill is institutionalising cloth ears on the part of politicians.

It is ironic that part 2 of this Bill should come from this Government, because when the Conservatives were trying to get elected they were proclaiming the big society. Vladimir Putin would be proud to introduce this Bill.

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Nia Griffith Portrait Nia Griffith
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Indeed. The hon. Lady makes a very good point on that issue, as did the right hon. Member for Haltemprice and Howden (Mr Davis). The key thing now is to move forward and get things right. I hope that, whatever the Government intend to bring forward for the next stage of the Bill, a proper consultation will take place. We would much rather see the whole thing scrapped so that we could start again, but if we are not going to get that, let us have the whole provision rewritten, with time for people to consider it, consult and come back with comments so that we can achieve a measure that is workable. As it stands, the proposal would be a disaster if it went through because it would curtail the very thing that we want to happen—greater engagement in our democracy.

Lord Cryer Portrait John Cryer
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I will start by welcoming back my hon. Friend the Member for Hayes and Harlington (John McDonnell)—this is the first time I have been able to take part in a debate with him since his return. He is one of the most dogged, tenacious and conscientious MPs I have ever met. I am sure that Comrades Cameron and Clegg will have cracked open the bubbly in Downing street when they realised he had returned.

It is worth reminding the Committee that constitutional Bills have previously always been taken without any kind of timetabling or guillotining. The Bill is clearly constitutional, yet it has been very tightly timetabled. Indeed, some might say that it is being rammed through extremely quickly. There are certain specific questions that I would like the Deputy Leader of the House to respond to when he gets to his feet, to do with how the Bill will affect charities and campaigning organisations.

Hope not Hate, for example—I assume that most of us are familiar with it—campaigns with politicians of all democratic parties across England, Scotland and Wales. What if 12 months before a general election it issued a leaflet or organised a campaign that happened to mention that a certain candidate was or had been a member of the British National party? Would that be caught by the legislation, or will the Deputy Leader of the House tell us that that will be open to interpretation by the courts and judges? Would that count when it comes to the measures in the Bill that control expenditure of a political nature?

What if Hope not Hate had a campaign against the English Defence League? It could be argued that the EDL is not a properly constituted political party, but it has a political wing, the Freedom party, which could take Hope not Hate to court. It could say that such a campaign counted towards election expenditure because it could affect a parliamentary election result achieved by the Freedom party as the political wing of the EDL.

What about local hospital campaigns? The recent Save Lewisham Hospital campaign has caught the public imagination and at least three hon. Friends have been involved. What if the campaign took place within 12 months of a general election? It could easily be argued that that could materially influence an election outcome, perhaps in the borough where the hospital is situated or further afield in south or east London. The campaign to save King George hospital ran through a number of Parliaments, so it ran through a number of 12-month periods before general elections. It could be argued that it influenced the electoral outcome in certain parliamentary constituencies.

The Defend Council Housing group campaigns in various areas, and against both major parties. When the Labour party was in government, the group engaged in a number of campaigns that were very critical of the Government, and since the general election the same thing has happened with the coalition. Again, it could be argued that that might be caught by the legislation.

Baroness Chapman of Darlington Portrait Jenny Chapman (Darlington) (Lab)
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Did my hon. Friend not hear the Leader of the House say on Second Reading that he had met senior charity chief officers—the National Council for Voluntary Organisations, I think—and that they were assured and content with the Bill? Does he not take the Leader of the House at his word?

Lord Cryer Portrait John Cryer
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No, I do not, funnily enough. I am not sure whether my hon. Friend was in her place, but earlier I referred to legal advice given to the NCVO by Helen Mountfield QC that made it clear that the problem is not that the definition of political campaigning has been redefined, but that it will be left wide open to interpretation. That will then lead, as sure as eggs is eggs, to court cases that could rumble on for years and lead to people being imprisoned.

Andrew Gwynne Portrait Andrew Gwynne
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My hon. Friend has hit on an issue. The explanatory notes make it clear that if a third party enhances a candidate’s standing, regardless of whether that is its intention or not, it will be covered by the Bill. Is that not the problem that my hon. Friend has pointed out by using the example of Defend Council Housing? If a candidate has a particular view on the issue of social housing, the campaign group’s expenditure will be captured by the provisions.

Lord Cryer Portrait John Cryer
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That goes to the heart of the problem in part 2 of the Bill, which has been hastily cobbled together over the past few weeks. I presume that is why the Government have tabled amendments to try to sort out the situation and redeem themselves in the eyes of a lot of charities, non-governmental organisations and others up and down the country.

Fiona O'Donnell Portrait Fiona O'Donnell (East Lothian) (Lab)
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I apologise, Mr Sheridan, for not having been present for the whole debate. Does my hon. Friend agree that the concerns are not just about localised campaigns, but about UK-wide campaigns and the difficulties facing charities in different parts of the UK in calculating whether they will have crossed the threshold, given that they will have no way of judging the impact of campaigns conducted via websites and e-mail on different parts of the country?

Lord Cryer Portrait John Cryer
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I agree with my hon. Friend. One of the reasons I mentioned Hope not Hate is that it is a classic example of an organisation that conducts not only national but local campaigns in specific constituencies, boroughs and districts. According to Hope not Hate, with which I and many Members from all parties have done a lot of work in the past, its spending in the run-up to the next election will be cut by 70%. It also calculates, accurately, that its limit per constituency over the same period will be about £9,000. That will have a material effect on anti-racist campaigning in the run-up to the next election. As I have said, Hope not Hate campaigns with all democratic parties, not just one or two.

I cannot help thinking that part 2 is not entirely divorced from the fact that one or two Liberal Democrat MPs will be facing potentially strenuous campaigns by the National Union of Students in the run-up to the next election. One Member who springs to mind is the Deputy Prime Minister. For those who do not know Sheffield that well, I point out that his constituency is surrounded by a sea of student accommodation for a large university. I suspect that the Deputy Prime Minister is a little bit worried that the student voices that were sympathetic to the Liberal Democrats at the last election will now be saying, “Well, hang on a minute: the leader of the Liberal Democratic party stood on a specific pledge of not raising tuition fees, but he went back on it and voted for, and actually helped introduce, legislation that tripled tuition fees.” I do not think that that was a million miles away from his mind when he was considering part 2 of this Bill, and I think that is why it is receiving enthusiastic support from not all but certain Liberal Democrat Members.

I will finish with a couple of quotes that successfully set out the problem with part 2. First, the Royal British Legion, which is not particularly known for being a wild-eyed, left-wing organisation of agitators, has said—Members have probably seen the briefing paper—that the definition of “for election purposes” is “far too broad”.

Secondly, Karl Wilding from the NCVO, which my hon. Friend the Member for Darlington (Jenny Chapman) mentioned earlier, said only a couple of weeks ago:

“The Bill takes us from a situation in which everyone understands the rules on what charities can do and considers them reasonable, into a position where no one has any idea what the rules are, but could nevertheless face criminal prosecution for getting them wrong. This is what happens when legislation is rushed through with no consultation.”

I rest my case.

Paul Flynn Portrait Paul Flynn
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I am grateful, Mr Sheridan, to be called to speak in this debate for the first time in three days. That might have something to do with the fact that by the time I get fully to my feet the selected speaker is about to end their first sentence.

I am very glad that I am at this historic event, because I am sure that one day someone will write a book called “The Worst Legislative Atrocities”, which will of course include the Dangerous Dogs Act 1991. It will also include the Regulatory Reform Act 2001—initially a Bill so incomprehensible that in 2004 another Bill had to be introduced to explain what it meant. It will include many of the 75 Bills introduced by the previous Government that went through all their stages but, sadly, were never implemented. After all the efforts made by Parliament, in this House and the other place, to progress those Bills, they never went through. I believe that this mean, miserable Bill will also be seen as one of those Bills that demean the House and demean politics.

Lobbying

Lord Cryer Excerpts
Tuesday 25th June 2013

(11 years, 5 months ago)

Commons Chamber
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Jon Trickett Portrait Jon Trickett
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That brings me to my next point. The Prime Minister said that sunlight is the best disinfectant and I agree, but I do not believe that the proposals mentioned in the amendment match up to the requirements. Let me explain why. There are three reasons. First, it was drawn in such a way as to cover only the narrowest section of third-party lobbyists, which is less than a quarter of the whole industry. What is the point of having a register of professional lobbyists that will not register all professional lobbyists? Secondly, there is no sign of the Government including in the Bill—it is certainly not in the White Paper—a code of conduct that would regulate the register. Even the voluntary code that covers the more ethical part of the industry already has a code of conduct. Why would we want to have a lower statutory threshold than that which the more ethical section of the industry already imposes on itself and its own members?

My third objection to the consultation, as the Government call it, is this: given that the Government are not proposing a code of conduct, there can be no sanctions applied against lobbyists who breach the code. Again, this is a lower standard than the industry’s existing codes. At the moment, any lobbyist working within the current ethical voluntary register is forbidden to engage in any improper financial relationship with any parliamentarian, which brings us to the bones of the issue.

If we have a voluntary register and someone breaches the code by having such a relationship with a parliamentarian, they will be removed from the register and will be unable to practise as a lobbyist. That should be written into legislation, but it is not envisaged in the White Paper.

The White Paper was

“possibly one of the most shoddy documents I have ever seen government produce.”

That is not my view, but that of a practising, professional lobbyist. Francis Ingham, director general of the Public Relations Consultants Association, said of the White Paper that the Government’s proposals were “unfit for purpose”.

Lord Cryer Portrait John Cryer (Leyton and Wanstead) (Lab)
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The code of conduct, which my hon. Friend mentions, is habitually broken. For example—he mentioned this sort of contravention—the code says that parliamentarians should not be paid by lobbying companies that are signed up to the code, yet many Members at the other end of the corridor are directors of lobbying firms and so presumably are in receipt of payments. That breaks the code of conduct, but nobody does anything about it.

Jon Trickett Portrait Jon Trickett
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The problem is that many companies and lobbyists—the Australian I mentioned, for example—do not participate even in the voluntary code, which is why there must be statutory provision.

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Lord Lansley Portrait Mr Lansley
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No, I will not give way. It would be better for me to make my speech and explain what we are planning to do than simply to try to respond to more interventions.

We did not hear from the Opposition about this subject; they did not respond to our consultation last year. It is interesting that the first time we heard from them was when we announced that we would introduce a Bill before the summer, at which point they tabled their motion calling for the Government to introduce a Bill. This is an interesting concept: they are not jumping on someone else’s bandwagon; they are jumping on ours. This is a flagrant example of that.

In the event, the hon. Member for Hemsworth did not offer any practical ideas; instead, he offered assertions and slogans masquerading as policy. He should have had the honesty to admit that the Labour Government put the issue in the “too hot to handle” box. They did not resolve the complex nature of the problem, which has been revealed by the divergent responses to the consultation. The responses showed that we are far from achieving consensus on the nature of regulation that is required.

The Government will set out to promote the culture of openness that best delivers the positive behaviours and public confidence that we all seek.

Lord Cryer Portrait John Cryer
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rose—

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Lord Cryer Portrait John Cryer
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rose

Lord Lansley Portrait Mr Lansley
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I will give way to the hon. Member for Nottingham North (Mr Allen). I apologise to the hon. Member for Leyton and Wanstead (John Cryer); I will give way to him in a moment.

Lord Lansley Portrait Mr Lansley
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We will introduce a Bill before the summer recess but, given the nature of things, we might not be able to proceed with its consideration until the September sittings or later. That would afford people an opportunity, in the context of the Second Reading debate and elsewhere, to look at how we have resolved the issues.

Lord Cryer Portrait John Cryer
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I was listening to what the right hon. Gentleman said about the demands that the register would place on lobbyists. Will that include having to provide financial information, such as how much has been spent on lobbying? Many Members on both sides of the House think that that would be an important part of the jigsaw.

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Lord Lansley Portrait Mr Lansley
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As my hon. Friend will know, the responsibilities that we have as Members relate to the Members code, which does not include a responsibility for us to publish the details of our meetings, the names of those whom we meet, and the purposes for which we meet them. That protection is afforded to Back Benchers and, of course, to shadow Ministers as well. We as Ministers are clear about the fact that we publish our diaries, on the basis that we exercise responsibilities and power. If shadow Ministers take the view that they have no power and are therefore not accountable for whom they meet, for whom those they meet represent, and for the influence that those people are seeking to exert, they will have to argue the case themselves.

The Opposition motion calls for a Bill to be introduced before the summer recess. I am pleased that, in this instance, they agree with the Government. Well before the motion was tabled, my right hon. Friend the Prime Minister made it clear that a Bill would be introduced before the recess. The motion also calls for cross-party talks. That comes as something as a surprise, as the Opposition have not previously demonstrated an interest in this issue. They have not sought constructively to engage the Government in discussion of it during the three years for which the introduction of a register has been under consideration—foreshadowed, of course, in the coalition programme-—and they made no response to the Government’s consultation last year.

Now the Opposition say that they want a register of “professional lobbyists”. I still have no idea what they mean by that, or what is the logic of it. Are they referring to everyone who lobbies Government or Parliament, and who is paid? I do not think that they mean “professional” in the sense of having a relevant professional qualification, so “professional” must mean “paid”, and that would capture an immense number of people.

Lord Cryer Portrait John Cryer
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Will the Leader of the House give way?

Lord Lansley Portrait Mr Lansley
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No. I am about to end my speech.

In contrast, the Government’s proposals for a statutory register of lobbyists focus on cases in which further clarity is required. The introduction of the register is part of a broad package of measures to tighten the rules on how third parties influence our political system, along with reforms to ensure the accountability of outside organisations that seek to influence the political process. Together, those two elements constitute a further, clear demonstration of our commitment to transparency in the political system.

As was demonstrated by the response to the Government’s consultation, the introduction of a statutory register of lobbyists is a complex issue, and one that has required careful consideration by the Government. Our proposals will deliver a register that will increase transparency without placing disproportionate burdens on those who legitimately lobby Government and Parliament. We will present those proposals before the summer recess, and we will continue to work with those who have engaged with our plans.

I welcome the Opposition’s new-found interest in our proposals, and hope that they will now seek to engage constructively in making our political system more transparent. Perhaps, on reflection, they will agree to engage positively in the publication of shadow ministerial diaries, in order to ensure that transparency exists from their point of view as well.

On that basis, I ask the House to support the amendment and, if necessary, to reject the motion.

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Lord Cryer Portrait John Cryer (Leyton and Wanstead) (Lab)
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I echo earlier comments made about lobbying. I have always supported a lobbying Bill to create a register of lobbyists in a transparent and properly regulated way, but I have no objection to lobbying per se. It is part of everyday life—or it should be if we are doing our jobs properly. We get lobbied on a weekly basis, on all sorts of issues, by church groups, mosques, gurdwaras, temples, community groups and all sorts of individuals. A woman came to see me a couple of weeks ago and said, “You are opposed to the sell-off of the Royal Mail, aren’t you?” When I said that I was, she said, “Well, on that basis you should also be opposed to gay marriage.” I did not quite follow the logic of that argument either, but she had the right to lobby me, and she did so, albeit in a novel way.

What worries me is when large concentrations of unaccountable wealth and power are brought to bear in the lobbying industry. Funnily enough, Jonathan Aitken said something similar when he was an MP and large business consortiums were lobbying for the contract to build the Channel tunnel. At that time lobbying was in full swing, and he—surprisingly in the light of subsequent events—said:

“What worries me most is that usually lobbying is genuine in the sense that it stems from little interest groups and concerned citizens. Here we see the Panzer divisions of big business, their heavy artillery and tanks trampling over all the small people’s interests which I want to see better defended.”

Most of us would probably want to see those interests better defended and certainly the Prime Minister seemed to want to see that three years ago when he said that lobbying would be the “next big scandal” to hit British politics. Lobbying has been the perennial scandal in British politics within living memory and probably before that, too.

The Prime Minister’s reference to lobbying was three years ago and since then we have seen two private Members’ Bills. One was in my name, and I offered it to the Leader of the House as a Government Bill, but he was a bit shy about taking it on. The other was in the name of my hon. Friend the Member for Dunfermline and West Fife (Thomas Docherty). We also saw a Government consultation followed by countless commitments from various Ministers that a Bill would be produced, as we are always told, “in the near future.” Last year, the then Parliamentary Secretary, the hon. Member for Forest of Dean (Mr Harper), promised a Bill before he was moved in the reshuffle. His successor, the Parliamentary Secretary, Cabinet Office, the hon. Member for Norwich North (Miss Smith), is on the Treasury Bench and has, I believe, promised a Bill twice on the Floor of the House—but there is still no Bill.

The Prime Minister has repeatedly promised a Bill in Prime Minister’s questions over the past three years and after the last lobbying scandal a few weeks ago, the Deputy Prime Minister promised what he called “head to toe” political reform, including a register of lobbyists. That was on 3 June. I have no idea what he meant by that, but I suspect that he did not have much more of an idea what he meant either—he never normally does.

We still have no Bill, yet the scandals come regularly and frequently. Only last year, the treasurer of the Tory party, Peter Cruddas—we will all remember this—had to resign after promising access to the Prime Minister for a fee of £250,000. Months before that, Tim Collins, a not particularly lamented Member of this House, promised access to just about everybody and anybody in the Government.

We can go back before that. I have mentioned lobbying scandals in living memory, but probably the doyenne of political lobbyists from the 1930s and 1940s up until the 1970s was Commander Christopher Powell. His name is probably not familiar now, but years ago he was very well known and for a number of years he had an office in the House of Commons. It sounds extraordinary today that a political lobbyist who represented all sorts of clients should have an office in this place, but he did for quite a long time.

Members might remember the scandals attached to Ian Greer in the 1980s, which eventually made the front pages of just about the entire national press as well as the broadcast media in the late 1980s and early 1990s. Let us be balanced: there was also the cash for access scandal that involved Derek Draper, another person who is not particularly lamented by Opposition Members—at least, I hope he is not. I can say that with some passion, having dealt with him years ago.

As I said earlier, I by no means condemn the political lobbying industry. In fact, I suspect that most lobbyists do a decent job, do it honestly and are perfectly prepared to be transparent about it, but there is always the temptation to cross certain lines unless accountability and transparency are built into the system.

Barry Sheerman Portrait Mr Sheerman
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Speaker after speaker has talked about the importance of openness, transparency and accountability. I absolutely agree with that, but does my hon. Friend agree that we should also allow the little person, not just the well-heeled and well-suited person, to lobby? Lobbying should be open to everyone; the problem is that too often those who can afford to pay a lot of money can lobby more effectively.

Lord Cryer Portrait John Cryer
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I am grateful to my hon. Friend for his question, but I think I covered that at the beginning of my speech. Most of us these days hold regular advice surgeries—for me, and, probably, for most right hon. and hon. Members on both sides of the House such surgeries are a weekly business.

The days when MPs never went near their constituencies and did not regard themselves as constituency Members are long gone. There was once a national MP for Blackpool called Walter de Frece who, despite the fact that he was the Member for Blackpool, never went near the place. In fact, he could not find it on a map. He struggled to find Britain on a map, because he lived in Monte Carlo. He came to Britain twice a year for the Budget debate and for Ascot, yet he was elected for years and years and was regarded as a successful constituency MP. While he was here, he would get a pile of House of Commons notepaper and sign the bottom, and then his secretary would fill in the rest. It sounds extraordinary, but because he managed to reply to a few letters—this shows how things have changed—he was regarded as a particularly brilliant constituency MP. Nowadays, that has changed beyond all recognition—not even in the safest seat could an MP from any party get away with such behaviour.

Let me return to the demands that I think the register should place on lobbyists. The criterion that it should only cover third-party lobbyists is unfair on the third-party lobbying industry. In-house lobbyists—that covers all sorts of organisations and companies—should be forced to provide information, which, as I said when I intervened on the Leader of the House, should include financial information. Big companies, wealthy organisations and even wealthy individuals can spend millions on lobbying, and that sort of information should be available.

Graham Allen Portrait Mr Allen
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I am enjoying my hon. Friend’s speech and learning a bit of parliamentary history, too. Does he accept that the work of the Select Committee could be a starting point in defining what a lobbyist is as well as who is in and who is out? The Committee has suggested that anyone who is in a paid, professional role of lobbying should be covered. That would include in-house lobbyists, of course, as well as trade associations, trade unionists—that answers the point made by the hon. Member for Carlisle (John Stevenson)—think-tanks, campaign groups, charities and many others who would be required to register. Does he agree that getting the definition right is the starting point of a good Bill?

Lord Cryer Portrait John Cryer
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That is crucial. The definition in my Bill covered anyone who lobbied “for commercial gain”, which is similar. The starting point that my hon. Friend suggests is perfectly reasonable and would, I suspect, cover all the relevant companies, associations, trade associations and trade unions, as well as the big NGOs and people who hire third-party lobbyists or who have in-house lobbyists. Most trade unions and federations have in-house lobbyists, which is fair enough.

The important principle is that we must get transparency into the system. We are talking about a big industry; lobbying in this country is a successful industry worth £2 billion. There is no reason why it cannot continue to flourish and be successful as long as it is open and transparent, so that we know exactly what lobbyists are doing, who they are meeting and what sort of resources are being spent on achieving their aims.

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Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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The power of the House to regulate its own affairs is one of the fundamental building blocks of the constitution. That power cannot be given up, except by this House voluntarily surrendering it, which it has not done. No court in this land can question a decision made by this House to regulate its own affairs. It is arguable that the European courts could, but we can take away their right to do so by a simple piece of legislation. If we are to legislate, therefore, it should be to reinforce our self-regulatory powers and to remove the possibility of challenge. That would clarify what we can do, and we should then go ahead and do it.

Lord Cryer Portrait John Cryer
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Of course, technically it is not actually an offence for an MP to accept a bribe. A motion was passed—I have not got the information in front of me—in the 17th century that specifically condemned MPs who accept bribes, but it has never been enforced.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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The hon. Gentleman is absolutely correct. My point about Sir John Trevor is that we should use the power this House has to expel a Member for taking a bribe. That is not the same as a criminal offence. Sir John was entitled, had he wished and had his electorate wanted him back, to stand for Parliament again. As it happened, the King promoted him to become Master of the Rolls, so he did not do too badly out of it in the end.

There is a difference between the penal power of Parliament and statute law and the requirement of an offence for a statutory punishment. There is no need for a specific offence for Parliament to act, which is a benefit because it is easier for us to expel a Member, and it leaves the person expelled with a right of appeal to his constituents. The British people would then be the ones to make the final decision. They would be entitled to decide whether the lobbying the Member had been caught up with was of a kind that they approved or disapproved of. Ultimately, it is right that we should trust the democratic forces of the electorate to judge our behaviour rather than parcelling it out to the judiciary, who I think are in a less strong position to judge whether what has happened is acceptable, right and proper in the political context in which it has taken place.

It is important to remember that we can also punish those who are in contempt of Parliament. I agree with my hon. Friend the Member for Folkestone and Hythe (Damian Collins) that we need to use those powers to remind people that they still exist. By allowing them to wither on the vine, we have weakened the ability of Parliament to clean up its own Act. Had we done so over the expenses situation, we would not be in the sorry state we are now in with politicians being held in very low esteem.

I urge the Government, rather than rushing hastily to legislation, to consider whether the powers that already exist can be used to clean up our own act, and can be used in a way that overcomes the difficulties of definition that the hon. Member for Hemsworth (Jon Trickett), the shadow spokesman, spoke very clearly of in his speech. That is the centre point of legislating, but it is the hardest point to define.

I will leave hon. Ladies and Gentlemen with this thought: what happens when a constituent comes, accompanied by his accountant, as happened to me last week, to complain that he has been defrauded and wants me to do something to help him? His accountant is paid, is representing his views, and might be the only member of his firm, but he is clearly lobbying me. And then, what do we think of the Whips, who lobby me on an almost daily basis on whether I am to vote Aye or No, and are often successful in their desire to get me going in the right direction? Should we have a register of them to ensure that their behaviour is even more proper, benign and pious than it already is?

Business of the House

Lord Cryer Excerpts
Thursday 20th June 2013

(11 years, 5 months ago)

Commons Chamber
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Lord Lansley Portrait Mr Lansley
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I will, of course, take up the points that my hon. Friend raises with the Cabinet Office and the Department for Communities and Local Government. The Government are engaged in an ambitious programme of selling surplus public sector land and assets, not least in order to secure the building of 10,000 homes on that land. When we are selling properties, we must try to set an example by securing energy efficiency in those properties and advertising that fact.

Lord Cryer Portrait John Cryer (Leyton and Wanstead) (Lab)
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If the Government are struggling to produce a lobbying Bill, which they clearly are, they can have my Bill. It was produced two years ago and could be printed before the debate next Tuesday. It would certainly be far superior to any drivel that the Deputy Prime Minister might come up with.

Lord Lansley Portrait Mr Lansley
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The Government are not struggling to produce a Bill; we have set out the timetable and will introduce a Bill before the summer recess. The clauses for a Bill were published previously and were the subject of a consultation last year. In that context, it is a bit rich of the Labour party to talk about wanting cross-party talks on the issue, when no Labour MP, including those on the Opposition Front Bench, supplied any response to the Government consultation on the clauses that we published.