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

Lord Sharma Excerpts

Tuesday 3rd September 2013 Commons Chamber

[Stephen Doughty]

The real issue is that many charities will observe the lack of clarity in the Bill, and, unable to gain access to the legal advice and expertise that is needed to deal with it, will effectively be muzzled. That is what is really going on: a clampdown on charities and community organisations. At the same time, the Bill does not deal with the likes of Lynton Crosby—the rich and already powerful members of society.

As I have said, the main issue is that the Bill does nothing to clamp down on the activities of the big lobbying industry and make them more transparent. In fact, it excludes most of the lobbyists and most of the lobbying, which strikes me as completely pointless. We have all heard how the Bill will capture only 1% of the meetings organised with lobbyists. The idea that the only crucial lobbying that goes on is in meetings with Ministers and permanent secretaries is, frankly, ridiculous. Without wanting to be disrespectful, it is often the least experienced and most junior officials and advisers in Government who are the most susceptible to undue influence, whereas, in contrast, most of the Ministers—of all parties—and most of the permanent secretaries whom I have dealt with have taken a critical-thinking approach to the lobbying and approaches they receive, whether from Oxfam, the CBI or other interest groups.

We have heard that Spinwatch has called the Bill “a sham”, and that the Chartered Institute of Public Relations has said that it

“would not even come close to preventing the alleged breaches of parliamentary standards that have seen this legislation rushed through.”

The Bill does nothing to open up this part of the industry, which is the majority of it, or to make it more transparent. That makes it all the more sinister that the latter parts of the Bill could result in shutting down the type of influence and activity—the raising of voices on behalf of ordinary people and causes lacking in money, power and existing relationships—that is needed to balance out those big influences.

We have heard from many colleagues on both sides of the House of the many organisations and causes that are worried about this Bill. I know from personal experience how seriously charities and campaign coalitions take their existing obligations. I believe they already often err on the side of caution, rather than risk being seen to be operating in any way that could open them up to allegations of partisanship or undue influence. I am therefore very worried on a number of fronts about the ill-thought-out and unclear provisions in part 2.

First, staff costs and overheads could be included in what has to be declared, meaning that larger charities might have to pull back to avoid hitting the lower spending limits set out in the Bill. Secondly, I am deeply concerned about the possible impact on smaller charities, a number of whom have commented during the course of this debate about how they will not be able to cope, from a legal perspective, when they are less well resourced. I was lucky to have the support of an excellent and experienced legal department when such questions arose in Oxfam, making sure that we met our legal objectives. That is simply not available to many smaller charities and community organisations and that will result, essentially, in their muzzling.

[Alok Sharma (Reading West) (Con)]

It is astonishing that the hon. Gentleman should paint the ridiculous picture that this Bill will somehow make us like Zimbabwe. That is an awful thing to say. I spent some time this weekend with people from Zimbabwe who have really suffered, and it is outrageous of the hon. Gentleman to make that comment.

[Stephen Doughty]

All I would say to the hon. Gentleman is this: why, therefore, have the NCVO and the 50 charities that signed a letter, and all the others who are speaking out today, made the points that they have? They have been very clear about their views on this.

--- Later in debate ---

[Alok Sharma]

rose—

[Stephen Doughty]

I will not give way again as I do not have enough time and other Members want to speak.

I also remain deeply concerned and confused about the differential impact this Bill will have in the nations of the UK, as we have heard from other colleagues, and especially in Wales, subject as we are now to multiple election cycles, different periods of purdah and regulated periods. We have also heard concerns about the run-up to the referendum vote. Can Ministers provide any assurance that campaigning by civil society and charities in Wales, Scotland and Northern Ireland will not be hampered by these measures even more than they appear likely to hamper that work in England?

Finally, I cannot let pass the opportunity to add my voice of concern to those who see the trade union-related provisions of this Bill as nothing more than a naked attempt—uncoincidentally, just before the TUC—to make a crude and partisan attack on those organisations. In particular, I want to draw the House’s attention to the concerns expressed by the Wales TUC, which has spoken out very clearly this week. It is deeply concerned that not only could the Wales TUC conference cease to be lawful in 2014, but that this Bill’s provisions could undermine the special social partnerships the Wales TUC has with the Welsh Government, as enshrined in the Government of Wales Acts, and that it could damage their anti-racism campaigning work in constituencies across Wales from May 2014. That point has been made by Hope not Hate and many other organisations.

In conclusion, in the aftermath of a week in which we have seen Parliament’s ability to hold the Government to account very much enhanced, regardless of what side of the argument we came down on, it would truly be a tragedy to see the restriction of the voice and opportunity for influence of millions of people across the country— whether by postcard, protest, tweet or e-mail—in our political system and our civil society. There are some other agendas at work here. We had a whiff of that from the hon. Member for North East Somerset (Jacob Rees-Mogg). Some Government Members and some in other parts of our society would like to see these organisations clamped down on, and an attempt made to exert undue influence on them through funding arrangements and other things, but I think civil society will speak out and not have that.

We should be speaking out to enhance the people’s voice and to balance out the influence of money, power and privilege, which this Bill does nothing to counter. It is truly a rotten, ill-thought-out and cynical piece of legislation, and I will be voting wholeheartedly against its Second Reading.