European Union Referendum Bill

Debate between Lord Mackay of Clashfern and Lord Wallace of Saltaire

Wednesday 18th November 2015 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, since the noble Lord, Lord Green of Deddington, mentioned our conversation, perhaps I may say one or two things. We all recognise that our current franchise and our concept of citizenship are a mess and need attention. We are about to debate under some of the following amendments how much attention we should give to tidying up our franchise now, or whether it should be addressed more broadly later. On citizenship, I am very struck by the extent to which dual citizenship extends across Britain and elsewhere. I asked several times when in government how many dual citizens there were scattered around the world, and the answer was always that we do not know. I recall a visit to northern Cyprus in which my driver told me that he was a British citizen, a Turkish citizen, a Greek-Cypriot citizen and a Turkish-Cypriot citizen, and he enjoyed choosing between them as he travelled as to which passport he might take. As the noble and learned Lord, Lord Goldsmith, said, the question of citizenship is extremely fuzzy.

The question of when we would have the referendum is addressed in the amendment. I hope we have it before 1 January 2017. I have some doubts as to how far we should address this broader issue now, in this specific case, although we will address it again under further amendments.

Finally, I congratulate the noble Lord on his argument that we should use this as an example of where we might harmonise with other member states. I assume that that comes from his commitment to ever-closer union.

[Lord Mackay of Clashfern (Con)]

My Lords, it was my privilege to participate in presenting to your Lordships’ House the citizenship Bill in 1982, so I am sorry to think that it is all in a mess—but these things happen sometimes. I was inclined to think that, in principle, this was a sound amendment, as it would be right that only British citizens should have a vote in this referendum. That is my position in principle, and I am glad to hear that there is some way in which that can be met. However, my difficulty now is that, in a sense, the franchise will depend on the date on which the referendum is called, which is an unfortunate consequence of the practical need for the changes. Therefore, I am very willing to listen to my noble friend when he explains why I should not support this amendment.

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

Debate between Lord Mackay of Clashfern and Lord Wallace of Saltaire

Tuesday 5th November 2013 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, that stretches my expertise very considerably. I will have to consult and write to the noble Lord about that. It is a good academic question. The Government have been quite clear that there is no exemption from the requirement to register for large multidisciplinary firms that conduct consultant lobbying. We refined the exception provided in paragraph 1 by amendment in Committee in the other place to clarify that it will not be enjoyed by organisations such as, for example, law firms if they run consultant lobbying operations and lobby in a manner which is not incidental to their other activity—even if consultant lobbying is not their primary activity. As such, they will be required to register if they meet the other criteria outlined in the definition of consultant lobbying. The provisions outlined in paragraph 1 provide an important and effective exemption for those whose limited involvement in lobbying is in a manner which is merely incidental to their normal professional activity. However, it brings within its scope those that provide consultant lobbying as a major part of their activities and firms for which consultant lobbying is a significant part of their activity.

Opposition Amendment 39 provides a long list of exemptions from the Opposition’s definition of professional lobbying. Exemptions are provided for constituents contacting their Member of Parliament, persons making communications on their own behalf, persons responding to government consultations or an invitation to submit evidence to a parliamentary committee, persons acting on behalf of government, persons not receiving remuneration, and those responding to a court order. That is a very large and unwieldy list of exceptions partly because once one extends this to professional lobbying, the question of definition itself becomes much more difficult. That is, again, partly why we have stuck to consultant lobbying in our approach.

Finally, the noble and learned Lord, Lord Hardie, asked about sovereign powers and the Government of Taiwan. It is very helpful that he has raised Taiwan but it would probably be better, to be absolutely sure that I am correct, that I offer to write to him on that specific point. I would like to reassure him as far as I can.

I hope that I have managed to answer most of the points in these amendments. I have outlined why it is not necessary to extend the register to those who lobby on their own or their employer’s behalf, because it is clear whose interests are being represented. Our proposals will deliver a focused, problem-specific register and, as such, we believe that these amendments are not necessary. I urge the noble and learned Lord to withdraw his amendment.

[Lord Mackay of Clashfern (Con)]

Is a consultant lobbyist somebody who has more than one client? Is that what constitutes a consultant—somebody who has at least two clients? So far as “professional lobbyist” is concerned, I am not too clear in my own mind so far—no doubt it is my fault—as to what exactly is meant by a professional lobbyist. For example, if a company has engineering matters that it wants to deal with, it might send along an engineer to tell the Minister what it is all about. He might not be described as a professional lobbyist but, being an engineer, at least he knows about the subject matter. Does a professional lobbyist have to have some professional qualification or does professional mean something else? I am rather befogged.

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

Debate between Lord Mackay of Clashfern and Lord Wallace of Saltaire

Tuesday 5th November 2013 Lords Chamber

[Lord Mackay of Clashfern (Con)]

My Lords, I was very concerned about the Motion that was put down today. I am very glad that a compromise has been reached for dealing with this issue without going ahead with the Motion. It has been said that five weeks is not enough. As we know, these things are not absolutely inflexible, but we know how quickly the Governments can work and how quickly amendments can be produced when there is the political will to do so. I accept the assurances that have been given on behalf of the Government about the spirit in which this is being done.

I was extremely concerned about the idea that we should depart from our ordinary practice for the scrutiny of Bills. As far as I know, one part of a Bill has never been sent to a Select Committee in this way. In my time, the whole of a Bill was sent when an office that had lasted for more than 1,000 years was to be abolished by a press release from No. 10; the House then sent the whole of the Bill to a Select Committee. So far as I know, though, a Select Committee has never been appointed to deal with part of a Bill.

The danger that I see about that is that if it were to be done, it would suggest that we were not confident in our own procedures for dealing with all forms of questions. It would undermine the confidence that exists at the moment in the integrity of the parliamentary process that we have come to know and respect. One thing about this House that I seek to emphasise as often as I can is that anyone who has a point of view that they can persuade a Peer to raise will see it raised in consideration of the Bill in this House, and the Government will have to give an answer. People may not always be very keen on that answer, but at least they can get one. That is a very valuable aspect of our House’s procedure, and I am delighted that it has been preserved in the arrangement that the noble Lord, Lord Ramsbotham, has made with my colleagues.

Another danger here would be if we departed from our ordinary procedure in a particular case in which a lot of Members of this House are particularly involved, as they are in the charitable and third sectors— I am a member of a number of charities, as noble Lords might have thought—whereas, for example, we never subject to special procedure Bills on disabled people or on the particularly poor. I am very relieved that this has been agreed to, and I sincerely hope that it will work. I am sure that the Government can work very speedily, with political will, if that should be necessary.

[Lord Wallace of Saltaire]

My Lords, I assure the House that the Government are open-minded on the possibility of changing a number of aspects of the Bill. One thing we discovered in the course of the consultation is that the language of PPERA 2000, particularly of Part 6, does not meet the needs or requirements of a very large number of those who are now to be affected by it. I hope I will not embarrass my noble friend Lord Greaves if I quote him as having said that he had never previously read Part 6 of PPERA 2000, and now that he has, he does not like it very much. I think that opinion is shared by a number of voluntary organisations outside the House.

Clearly, we will need to look at that in consultation with others. It may well be that we will need a government amendment. That is the process through which we should go on that and a number of other concerns that were set out very well in the Harries commission report: for example, the range of activities covered, the treatment of campaigning coalitions, the reporting procedures requested of campaigning groups and so on. We are open to listening, we are open to adjustment, and we expect that when we come back to Committee and Report, this House will give the Bill the detailed scrutiny that it needs.