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

Debate between Lord Swinfen and Baroness Hayter of Kentish Town

Monday 11th November 2013 Lords Chamber

[Baroness Hayter of Kentish Town (Lab)]

My Lords, we return again to what my colleague has just described as a Bill with a long title but a very short content. The amendment stands in the names of my noble friend Lady Royall and me. Last week, an amendment tabled by my noble friend Lord Rooker, called for the requirement under the Bill to publish meetings with lobbyists to be extended from Ministers of the Crown to the leader of the Opposition in the six months before an election. This is an interesting proposition, as it raises the question of those slightly outside the magic circle of Ministers and Permanent Secretaries, the lobbying of whom should be disclosed to the public.

However, the other side of that coin is the question of whether there are paid lobbyists—paid by industries to promote their interests—who have the ear of government in a particularly close way, but who would not be caught by the register rules, as they are not civil servants and they protest that when they do meet, for example, the Prime Minister, they are speaking not on behalf of those clients who pay them but about very different matters, such as how to beat the Labour Party, or, indeed—the Liberal Democrats should be warned—how to beat the Liberal Democrats. We therefore find that, for the strangest of reasons, meetings that the Prime Minister has with a very well paid lobbyist are not recorded, because, as it so happens, they are only to pore over opinion polls.

Furthermore, despite the Prime Minister’s promise to lead,

“the most transparent government ever”,

we understand that No. 10 has failed to reveal the identity of guests entertained at Chequers. We do not know whether these are lobbyists, mere donors to the party or ordinary friends. But what we do know is that Downing Street has traditionally published an annual list of guests at Chequers, but has not done so since July 2011.

In the context of this Bill, we would be interested to know how many times the lobbyist Lynton Crosby has been at Chequers. What sounds odd is that even after the Bill becomes law, Mr Crosby’s lobbying consultancy would have to disclose any such visits—and therefore publish more than the Prime Minister would have to about such conversations—because Mr Crosby would be defined by the Prime Minister just as a strategic political adviser. But how easy is it to make such distinctions, with the Bill as it stands?

Mr Crosby was hired in November 2012. That month his lobbying firm signed a contract with Philip Morris. In December, he allegedly chaired a meeting at which he advised tobacco companies about plain packaging. In January, he started work for the Conservative Party. In March, a senior Whitehall source told the BBC that Australian-style plain packaging would be introduced here. In July—surprise, surprise—the plan was dropped.

Similar questions have been raised about minimum unit pricing for alcohol. Of course, we have tried to find out the names of Mr Crosby’s clients, which would have had to be disclosed if the Government had produced this Bill rather sooner after their 2010 promise rather than now, as his lobbying company, being a consultancy, would have had to register and disclose its clients. As it is, Mr Shapps said on 17 July, it is a matter for Mr Crosby who his clients within the company are. That is because, as the Minister reiterated to me in a Written Answer on 29 July, Lynton Crosby was not employed by the Government—although, as we know, he was employed by a lobbying company, and by the Conservative Party.

In passing, we might note that although the Minister claims that Part 2 of the Bill is aimed at keeping big money out of politics, the Conservative Party can afford to pay Mr Crosby £500,000 to do his best to keep Mr Cameron in Downing Street. That sounds like big money to me.

Putting that to one side, this example—and there are others—raise two significant questions. One is about a possible conflict of interest caused by a lobbyist working on the Conservative Party leader’s political strategy, but there is also the wider point about the revolving door between government and the lobbying industry. We have just heard about the appointment of a former lobbyist, who also happened to be a Conservative campaigns officer, to oversee public appointments, which sounds to me like double jeopardy. The Civil Service Code states that Whitehall mandarins should be politically independent—a former Conservative worker does not look too independent. The lobbying transparency campaigner, Tamasin Cave, referring to this appointment, said that Ms Wyld had been a lobbyist. She went on to say:

“This job needs someone impartial. It does not bode well”.

Last July, the Commons Political and Constitutional Reform Committee also looked at the issue from the other end: the revolving door between the Civil Service and the private sector. It urged the Government to adopt a joined-up approach to lobbying regulations and to consider changes to the ACOBA alongside lobbying regulations. All of this needs flushing out if the public are really to see who has the ear of government and whether the Bill’s objective of increasing transparency is to be achieved.

Our amendments tackle the issue of lobbyists coming into the system, either as civil servants or employed by a governing party, rather than the outward move, but both should be of concern in any Bill dealing with the openness and transparency of the lobbying industry. I beg to move.

[Lord Swinfen (Con)]

My Lords, I am not an expert on lobbying by any means, but I wonder whether lobbyists employed by opposition parties should also have their position made public. Opposition parties from time to time can form Governments after an election. The work of lobbyists in opposition is just as important as the work of lobbyists for those parties in government. The noble Baroness needs to redraft her amendment.