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

Alan Whitehead Excerpts

Monday 9th September 2013 Commons Chamber

[Chris Bryant]

My hon. Friend is right. It is clear from clause 2—the amendments that we are considering relate partly to clause 2 and to paragraph 3 of schedule 1 —that any organisation whose main purpose is not lobbying, such as a legal firm, an accountancy firm of a broadcaster, will not be required to register at all. The hon. and learned Member for Torridge and West Devon made a very good point when he said that the industry had changed in the last 10 years. Many Government relations companies that used to stand alone have been brought into wider companies that deal with public relations and communications of a much more general sort. Those organisations will not be required to register. Moreover, the words

“in the course of a business”

in clause 2 make it pretty clear that a large number of businesses will be able to opt out of the provision entirely.

[Dr Alan Whitehead (Southampton, Test) (Lab)]

My hon. Friend rightly drew attention to the circular definition of a consultant lobbyist in amendment 84. Clause 2 states that the consultant lobbyist thus circularly defined “does” do certain things. It does not state that the lobbyist “might” do certain things. It is clear that the majority of consultant lobbyists who may not do such things, as circularly defined in clause 25 as amended, will also escape from being on the register. I think that that will knock several more of the 350 organisations off the register.

[Chris Bryant]

My hon. Friend is absolutely right. Such is the paucity of the drafting of the Bill—cobbled together, I think, at the last minute—that the real danger is that even the people who the Government think do consultant lobbying do not do it in the terms of the Bill, and will therefore be excluded from the register. The Government may think that 350 organisations will be covered, but I think that that is a very dubious, dodgy number. I think that it is more likely to be 35 or three and a half or even three.

--- Later in debate ---

[Chris Bryant]

The Minister is nodding, so Lord Hunt would be included, but what about Peter Wright? He is the former editor of The Mail on Sunday, but he is now working solely on lobbying on this business on behalf not just of The Mail on Sunday, but other newspapers, too. Would he also be included? I do not think so, as he is a full-time employee of what was Associated Newspapers.

What about Lord Black of Brentwood? He is an executive director of the Telegraph Media Group. He has tabled amendments in the House of Lords and visited Ministers and so forth. He has been lobbying ferociously as well. Would he be included by virtue of the Government’s legislation? I suspect not, but I think most people in the country would think that that kind of activity should be publicly available so that we can all know the basis on which Ministers are making decisions.

[Dr Whitehead]

I wonder whether my hon. Friend agrees with me about this process. A person who accepts that they are a consultant lobbyist under the definition in clause 25 might then refer to clause 2(1)(a) and say, “Well, I make communications,” and might then refer to clause 2(3) and say “Well, I make communications but I do not make communications to a Minister of the Crown or a permanent secretary and I will agree not to,” and since there is no further definition of what a consultant lobbyist is, their decision not to talk to a permanent secretary—which they would not do anyway, perhaps—would exclude them from needing to be on the register.

[Chris Bryant]

My hon. Friend is absolutely right. It does not have to stop there. The lobbyist can carry on, as paragraph 3 of schedule 1 states:

“A person does not carry on the business of consultant lobbying if…the person…carries on a business which is mainly a non-lobbying business”.

They can opt out in hundreds of different ways.