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

Andrew Gwynne Excerpts

Tuesday 3rd September 2013 Commons Chamber

[Ian Lavery (Wansbeck) (Lab)]

Like many other hon. Members, I have had more communications on this issue than on virtually anything else since I became a Member of Parliament. Whether we agree with them or not, we have a duty to listen to the views, comments and strong opinions of our constituents.

The Leader of the House and other Government Members have suggested that the Bill is fantastic in every way. That is absolute gobbledegook. It has also been suggested that this is the worst Bill ever to be placed before Parliament, with its fanciful but misleading title heading up what has to be the worst-written Bill ever presented. That is not unintentional; the clauses in the Bill are intentional. They are a full-frontal attack on members of society—let there be no mistake about that. The people who wrote the Bill are very well educated, guided very well by the Ministers in charge of the Department. Let us not hide behind thinking that they are not and that the Bill is not really what they mean. It is exactly what they mean. Perhaps the Bill should have been withdrawn. Perhaps it could be renamed the Government’s Glorified Gagging Bill, the Can’t Criticise Cameron Bill, or the Big Society (Just Be Very Quiet) Bill, because that is exactly what it is all about.

It was the Prime Minister himself who warned that lobbying was the next great scandal waiting to happen. It was the Prime Minister who said that he would put it right. The Bill misses every single target. It misses the big money in lobbying and hits the people at the bottom who are doing their best. It misses the likes of Lynton Crosby, who is at the heart of a rotten Government, and hits charities such as Barnardo’s, Cancer UK and Diabetes UK. To be frank, that is unacceptable.

[Andrew Gwynne (Denton and Reddish) (Lab)]

Does my hon. Friend not find it ironic that at a time when politics is at an all-time low in public esteem, we have a Government hell-bent on attacking the very groups and organisations that are good at getting the general public involved in political and public debate?

[Ian Lavery]

I fully agree with my hon. Friend’s remarks. I will come on to that point in the later part of my contribution.

The Bill misses the Lynton Crosbys and the Lord Ashcrofts, and will allow them to plough millions and millions of pounds into constituencies while other people are constrained in how they want to do their business. Not only does it fail to deal with corporate lobbyists, but it effectively stitches together the lips of the big society, in the year before a general election, for fear of breaking the rules. In her excellent contribution, my hon. Friend the Member for Wallasey (Ms Eagle) mentioned that my hon. Friend the Member for Nottingham North (Mr Allen), the Chair of the Political and Constitutional Reform Committee, who has just left the Chamber, described the reforms as a dog’s breakfast. The hon. Member for Clacton (Mr Carswell) disagreed, saying

“He is wrong, of course. Far more thought has gone into pet nutrition than into this Bill.”

The hon. Member for Clacton has great experience of being a Government attack dog and someone here is barking up the wrong tree. For a Government who created a Minister for the big society to create such a Bill would be laughable if it was not so frightening. It has been described as having a chilling effect on the work of charities, pressure organisations and local community groups. This is an unprecedented attack on our national institutions of democracy and on individual free speech.

--- Later in debate ---

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

It is a pleasure to have the opportunity to make a short contribution to this afternoon’s important debate. I follow what I thought was an excellent speech from the shadow Leader of the House, who laid out for us all and on behalf of many of our constituents the very real concerns that exist over this Bill. Her speech was followed, of course, by another excellent one by my hon. Friend the Member for Nottingham North (Mr Allen), the Chairman of the Political and Constitutional Reform Select Committee.

What we have heard subsequently, from both Opposition and Government Members, is a whole series of reasons why this Bill should not proceed at this time. We have heard how it would have been possible to garner some consensus and some support to deal with the real issues around lobbying. The constituents who contacted me—not those who could be described as “the usual suspects” or people, as my hon. Friend the Member for Wansbeck (Ian Lavery) mentioned, seeking a revolution—are simply people who are seeking transparency, who want a Bill to deal with some of the “dodgy dealings” they perceive to have gone on in the past and who want to ensure that politics is cleaned up and the lobbying industry held to account. Those are the terms in which my constituents contacted me.

It is interesting to note the number of constituents who contacted me who are involved in small voluntary organisations and small charities in local communities. They, as well as a number of trade union members, are genuinely worried about the implications of this Bill. My constituents want to see a proper register, but they do not like any suggestion that perfectly legitimate organisations putting forward points of view to try to make a case to change things in their communities or to change legislation should in any way be gagged. I heard the hon. Member for Stevenage (Stephen McPartland) suggest that the Bill was not about gagging. I would respectfully suggest to him, however, that if we have a coalition—if I may use that word—of organisations ranging from the trade unions through the legal sector, the Electoral Commission, the voluntary sector, charities and political commentators of all shapes, colours and sizes, all of which are in agreement about the problems with this Bill, it is indeed time to take notice.

With my background in the voluntary sector and my working for a Scotland-wide organisation before I became a Member of the Scottish Parliament back in 1999, I have some concerns to express. I would not have been able effectively to do my job campaigning on behalf of young people in the care system had I not been able to approach the various Ministers of the day and the various local authorities of the day to make my case. Indeed, it was my responsibility so to do.

One real concern emerging from today’s debate is that at a time when charities and the voluntary sector are already feeling under pressure because of cuts in funding and are already finding it difficult in some instances to speak out for fear of somehow prejudicing future funding or opportunities to gain funding or support from government, any suggestion that they might be stopped in doing their job is a worrying matter for them, as indeed it should be.

In common with others, I have some serious concerns about how the Bill has been handled. Given that I have had various exchanges across the Chamber with the Parliamentary Secretary, Cabinet Office, the hon. Member for Norwich North (Miss Smith), who I see in her place, I am somewhat surprised about the matter of pre-legislative scrutiny. If ever a Bill were designed for such scrutiny, it would be this one, given the number of different organisations and interests affected. Frankly, it is not good enough to hear Government Members saying, “It will be all right; we will sort it out in Committee” when so many serious concerns have been expressed and so many amendments would be required to make this Bill workable as to make it questionable whether the Bill should proceed to Committee at all.

[Andrew Gwynne]

The list of organisations that have expressed concerns about the Bill includes the regulator, the Electoral Commission, which has identified a series of controls that are unenforceable. Does that not underline the argument in favour of pre-legislative scrutiny? If the regulator cannot enforce the Bill, what is the point of it?

[Cathy Jamieson]

My hon. Friend has made an extremely pertinent point. I find it astonishing that the Electoral Commission has not been more involved in the process, and that no evidence was taken from it at an earlier stage with the aim of improving the Bill.

I believe in pre-legislative scrutiny. It has been part and parcel of the way in which the legislation has been dealt with in the Scottish Parliament, and I think that there should be more of it in this Parliament. If pre-legislative scrutiny was good enough for the Bill that became the Small Charitable Donations Act 2012—and I believe that it enabled us to improve that Bill—I cannot see for the life of me why it is not good enough for such an important and wide-ranging Bill as this.