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

Anne Main Excerpts

Monday 9th September 2013 Commons Chamber

[Jon Trickett]

I have—but I do not know whether the right hon. Gentleman has done so. He might be well advised to meet them first, before asking a question like that. Yes, I have met the leading charities. I have also met representative organisations of the leading charities, and I have made two things clear to them. First, if they employ lobbyists according to the definition that we want to introduce, they will have to be registered. Even the large representative organisations say that that is the right thing to do. We are talking about professional lobbyists. Throughout the country, in every neighbourhood and constituency, there is much excellent community and charitable work that is undertaken voluntarily, and that is not professional lobbying. We do not expect people who lobby us at our surgeries with a particular problem in their neighbourhood to have to register. However, if a large organisation such as a charity—I can think of some that spend £300 million a year; that is their turnover—has parliamentary consultants working for them or for third party organisations that are lobbying Parliament in the material interests of that charity, that should be registered. The register will take only a few moments to fill in—it is not a particularly arduous task—and it is right that anyone who lobbies Parliament should be on it.

That is not my view alone, and it is not the view simply of the Opposition. I have met, as I have told the Committee, all the representative organisations of the lobbying industry. I have met many chairmen, chairwomen and managing directors of the larger lobbying companies and, almost without exception, they think that the Bill is too weak and does not go far enough, so they oppose it. I have also met all the lobbying transparency campaigners. One would not think that the people who campaign for lobbying and the people who campaign to constrain lobbying would inevitably share the same point of view but, in this case, without exception, both sides say that the Bill is simply inadequate.

The Bill is simply not up to the task, and it is likely to make lobbying more opaque, rather than more transparent. By suggesting that the register should include only consultant lobbyists, the register would exclude—these are important figures; they are not mine—99% of meetings between lobbyists and Ministers; 80% of lobbyists; and 95% of lobbying activity. Much of that activity and those lobbyists are already registered on voluntary registers. More likely than not, they will deregister if the Bill is introduced. We will know less about the industry and its activities than we do now.

[Mrs Anne Main (St Albans) (Con)]

Does the hon. Gentleman share my concern that private meetings, private lunches and any contact that seeks to influence or give guidance to people on how to influence is not covered by the Bill?

[Jon Trickett]

That is a powerful point, but I do not want to stray too far down that track because you may rule me out of order, Ms Primarolo; the issue is not relevant to this group of amendments. However, the hon. Lady is quite correct—as a whole, the Bill completely excludes 99% of lobbying activity. Consultant lobbying does not include, for example, lobbyists who work in-house—a point that I have made in response to the Government. People who work for big tobacco companies or those who operate in law firms as lobbyists would not have to register.

I shall give the Committee an example. The right hon. Member for South West Surrey (Mr Hunt), the former Secretary of State for Culture, Media and Sport, was revealed to have texted Mr Fred Michel, the in-house lobbyist for News Corporation, about matters that pertained to News Corporation’s business, but those exchanges would not have to be registered if the Bill became law, because Mr Michel was an in-house lobbyist, not a consultant lobbyist. One of the big scandals of this Parliament would simply be missed by legislation that is meant to clean up lobbying once and for all.

Even the Leader of the House conceded to the Political and Constitutional Reform Committee that the definition of consultant lobbyist was narrow. He said—bear in mind that a Minister said this, not us—“It is not that we believe consultant lobbyists are the only ones lobbying. Clearly they are a minority.” The Leader of the House makes the point more effectively and with fewer words than I am. The point is that a very small minority of lobbyists and lobbying activity will be covered the Bill.

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[Jon Trickett]

No—I am about to finish.

The consequence is that the public would have no knowledge of how any of these decisions were made. That is why we have tabled our amendments.

[Mrs Main]

It is important that we are having the Committee stage of this Bill on the Floor of the House because we can, I hope, bring consensus to the matter. Lobbying affects Members on both sides of the House and affects all of us as constituency Members of Parliament, so it is important that we get the Bill right or there will have been little purpose to having it.

I rise to speak to my new clause 5. I have a deal of sympathy with amendments 9 and 48, which seek to capture some of the concerns that many of us have about making sure that the field of lobbying is fair and transparent and that the definition of “lobbying” captures all the activities that most people would recognise as such. The new clause refers to activities that any “reasonable person would assume” to be activities

“intended to have the effect”

of lobbying. That is important, because lobbying is a very subtle, even devious, art. Pressure can be brought to bear with a view to setting off a favourable reaction or having a desired effect. We have often heard the aphorism, “Does the flap of a butterfly’s wings set off a tornado elsewhere?” A lobbyist would certainly hope that it does. We have heard about the subtle art of making sure that people are in the right place at the right time to catch somebody’s eye to have that casual conversation. As the Bill stands, none of this is captured, and I am very concerned about that. The public are rightly sceptical about why, despite campaigns and efforts by ordinary people, so many decisions seem to go the way of the big developer, the big money or the big organisation, while the little’s person’s voice gets lost. Many of us would believe that the answer is powerful, behind-the-scenes lobbying.

I hope that we can find a way forward through this morass of amendments, many of which seek to achieve the same thing. I do not hold mine so dear that I would not support somebody’s else’s if it brought greater clarity to the Bill, because that is what this Committee stage is about. I want to make sure that up-front lobbying by charities and organisations that are captured by the Bill and, indeed, logged on departmental websites, is seen as fine. We need to address the informal, behind-the-scenes lobbying over the cup of coffee, the glass of wine or the lunch. That is the lobbyist’s art. These connections may be made by people whose role is a lobbyist and who use personal and private connections to call in favours, gain access or put their point of view. Surely that is what people would hope a Bill such as this should be about, and I hope that it is what it will be about.

[Paul Flynn (Newport West) (Lab)]

The hon. Lady, who is fair minded and independent, is making powerful points. Could she prevail on her Front-Bench colleagues, who have been garlanded with this albatross, to follow the advice of the Political and Constitutional Reform Committee, withdraw the Bill and introduce a sensible one? Otherwise this legislative atrocity may well go through the House and the Government will find this to be the signature Bill of the Tory “ineptocracy” that they are creating.

[Mrs Main]

The hon. Gentleman makes partisan comments about a Tory Government rather than the coalition Government under whom I find myself serving, but his powerful point has been heard by those on the Government Front Bench.

The way in which things are hidden from public gaze —our gaze—is an issue.

[Mr Jim Cunningham (Coventry South) (Lab)]

Voluntary organisations have big concerns. Age Concern could lobby on a number of issues, so it could get caught by the Bill, as could Macmillan cancer nurses, because they lobby and raise funds for charities.

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[Mrs Main]

I do not have a problem with having a full, fair and transparent register of lobbying activities. I do not believe that charities will feel themselves constrained from lobbying. I am concerned that the Bill’s loopholes, which do not catch personal, behind-the-scenes and subtle lobbying, could lead to more lobbying being driven underground by the craft’s practitioners. The charities have nothing to fear by being transparent about making powerful cases. My concern is about decisions that have been influenced subtly and policies that have been driven by a particular narrative behind the scenes that we as Members of Parliament find hard to track down.

[Dr Sarah Wollaston (Totnes) (Con)]

Does my hon. Friend agree that when the barnacles are scraped off the boat—including our entire public health policy—what people want to know is what organisations are represented by those who are in a position to make powerful cases in rooms to which the rest of us do not have access?

[Mrs Main]

My hon. Friend makes a valuable point. Many Members will have short careers in this place and I am sure that my career is as open as anyone else’s to the vagaries of public decision making. Many former Members go on to exert the subtle forms of lobbying that we are all decrying, because they get powerful positions in and links to industries and bodies and know, as has been said, which buttons to press and which mobile phone numbers to call. That is what I want to address. Other Members have the same concerns and the Select Committee has raised them, too. Today gives us an opportunity to ensure a level playing field and to bring a degree of clarity to the domain of lobbying and the role of a lobbyist.

As I said in a speech last week, I am unhappy that discussions about a strategic rail freight interchange in my constituency were held over a private lunch. That would not be captured by the Bill. The gentleman involved is a professional lobbyist, but he is also a personal friend of the then Transport Minister. I do not understand the volte-face, but it would help if I knew who met whom. The e-mail the gentleman sent asked whether there was

“anything your department can do”.

That is how a lobbyist works: once they get an ear and access, the chain reaction—the butterfly effect—that they so desire occurs and, without transparency or a register, it is very hard for people to know where meetings have taken place.

Private lunches would be captured by my proposed new clause, which covers any activity for the purpose of “influencing government” or

“advising others how to influence government.”

Any one of us could sit at a table at a private lunch or a fundraising function and end up being lobbied firmly. If such lobbying were to continue, I would feel an obligation to declare it under my proposed new clause. I could listen to what was being said, but if I did anything about it I would regard myself as having been successfully lobbied.

[Chris Bryant (Rhondda) (Lab)]

The hon. Lady’s proposed new clause has a lot to recommend it, but most lobbyists would disagree profoundly with some of the language she has used about them. They do not want to be devious or skulking in corridors. They are happy to do their business because they know it is an essential part of the democratic process to get across a strong view to those who are legislating on behalf of the whole of society. They are calling for these kinds of changes as well, so may I urge the hon. Lady to be a bit nicer about lobbyists? Ultimately, I think she is calling for what they want.

[Mrs Main]

The hon. Gentleman is right. I am not decrying lobbyists. What I am saying is that I need to know who they are, what they are doing, when they are doing it, who they have spoken to and what happened as a result of those conversations, however informal or formal. The register will not capture that. I am sorry if I have offended any gentle lobbyist anywhere, but there are quite a few lobbyists whom I would not give the time of day to. Indeed, I have named them. I think that Mr Hoare knows my views on his lobbying activities in my constituency.

I am sure that the scenario that I described last week is not unique; I was just fortunate enough to find out about aspects of it. Once there is a chink in the dam, there is a chance that the lobbyist will effect the result that they want, but that does not happen in a transparent fashion. Subtle messages and arguments over a private lunch or a catch-up with old chums get results, so why will we not see more of that practice if it is not captured by the Bill?

If lobbying is the next big disaster to hit Parliament, the public have the right to expect us to deliver. I believe that we have the opportunity to deliver a way of recognising where these lobbyists are, for good or bad, and what they are doing. We need to amend the Bill today. Whichever amendments get picked up, I think that we should run with them to show that this House is bigger than party politics.

Dwight Eisenhower, who many people consider to have been a great man who gave great quotes, said:

“You have broader considerations that might follow what you would call the ‘falling domino’ principle. You have a row of dominoes set up. You knock over the first one, and what will happen to the last one is the certainty that it will go over very quickly. So you could have the beginning of a disintegration that would have the most profound influences.”

That crumbling effect is exactly what a lobbyist seeks to effect behind the scenes. They pick their domino. One never knows who that domino is. It might be somebody who works in a Department, a Minister or anyone else who has influence in the chain of argument. When that domino falls, the chain reaction can have the most profound influences. In my case, a refusal was turned into a permission. I believe that, but I cannot prove it. When the domino effect happens, it is amazing how other people pick things up and run with them. Most people are never lobbied directly—it all goes back through the chain reaction to the original lobbying.

[Helen Goodman (Bishop Auckland) (Lab)]

I am very interested in what the hon. Lady is saying. I am not clear whether her new clause covers the wide penumbra of public and quasi-governmental organisations that spend a lot of public money and that can be influenced in the way they spend that money. I think, for example, of health authorities and local enterprise partnerships. Do we not need to address the influence on those local authorities, with respect not only to policy, but to how they spend public money?

[Mrs Main]

The hon. Lady raises a large number of points. As I have said, I am not wedded to new clause 5. It would perhaps be somewhat cumbersome to remove the existing clause and insert my new clause. However, it does seek to cover anyone acting on behalf of a client or an employer and anyone acting as a volunteer on behalf of a charitable organisation or on their own behalf.

[Charles Hendry (Wealden) (Con)]

I want to seek clarification on that point. A trustee of a charity might say in a board meeting, “What you should do is write to the relevant Minister and express your concerns. This is the Minister and this is how you should write the letter.” That person, who is trying to do a good thing for their organisation, would be captured by my hon. Friend’s new clause. Such people might therefore say, “I do not want to risk getting caught up in that. I might get something wrong in the process.”

[Mrs Main]

My hon. Friend makes a fair point. I do not have a legal brain, but it might be possible to sort that out. My view is that if, in the course of a conversation, somebody makes a general point about how things can best be moved forward, that is hardly the same as saying, “Here is the mobile telephone number. I’m sure the Minister will meet you for lunch.” or, “How about we have a catch-up over coffee and I will tell you all about this new project I’m trying to push in your area.” I do not feel that those two things are the same.

I am willing—as, I am sure, are many hon. Members—to take on board any improvements that make the Bill deliver what most of us want it to deliver. We can put exceptions and guidance in the Bill, and I included in the new clause clarifications such as

“anything done in response to or compliance with a court order;

anything done for the purpose of complying with a requirement under an enactment;

a public response to an invitation to information or evidence;…

a formal response to a public invitation to tender;

anything done by a person acting in official capacity on behalf of a government organisation;”.

I have tried to include exclusions, and I am more than happy for people to add others if they think they could word the new clause better. We want to get rid of cosy chats, pressure behind the scenes, and people with the big money—£12 million in my constituency has been spent in trying to get this through, which is probably peanuts compared with some other industries.

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

Will my hon. Friend give way?

[Mrs Main]

I am just about to draw to a close because I would like to hear about the amendments tabled by other Members. This is not about filibustering or talking out the Bill today.

[Lady Hermon (North Down) (Ind)]

rose—

[Mrs Main]

I will take one intervention from the hon. Lady and then I will conclude.

[Lady Hermon]

I am most grateful to the hon. Lady and I am intrigued, and very pleased, to see her new clause tabled for discussion. I am particularly interested that she has chosen to define “government” in a way that excludes the Director of Public Prosecutions. As she will know, the present definition of Minister or permanent secretary includes the DPP, who is supposed to be independent. Will she confirm that she thinks the DPP should be excluded from the register?

[Mrs Main]

I hope the DPP is always considered to be independent, but if there is some legal reason why that should not be the case in the Bill, I would welcome hearing it. That is what we should be discussing today. I do not wish to speak for too long, but my concern is that ministerial lobbying that goes on at every level, including with persons of influence, is not captured by this Bill because the causal nature of some conversations and chats is not included. I would like to see that tightened up, including guidance on what ministerial conversations can be held after some of that subtle lobbying has been going on.

I am sorry if lobbyists are offended today, but I hope I am trying to deliver a level playing field for all lobbyists, and not have some hiding in a back room getting advantage while others are captured by measures in the Bill. I hope we can progress with that and achieve consensus on some of the amendments that will get rid of the worries that many of us have.

[Mr Graham Allen (Nottingham North) (Lab)]

Even that most brutal sport, boxing, has a code of honour so that when an opponent is bloody, battered and exhausted, they are not kept in the ring but we try—if we can—to deliver the coup de grâce. I do not like witnessing the parliamentary equivalent of propping up the opponent. In virtually every aspect, this Bill is battered, bloodied, and ready to fall over. Rather than the grizzled cornermen, the Deputy Prime Minister and the Leader of the House are pushing in some game bantamweights to keep the fight going. They are good people, but they are not here today. They are putting other people up to argue for a Bill that was not their doing. Rather than that, we should end this cruel sport and do what the all-party Select Committee on Political and Constitutional Reform proposed, once it was allowed to report and get engaged in this process. It proposed that the Bill be put into a special Committee so it that could be discussed and got right—not delayed, but brought back to the House as a new Bill that does the business for everybody—within six months. I argue that there would be a strong consensus behind that new Bill.

We have worked hard and I pay tribute to my Committee, two members of which—the hon. Member for Isle of Wight (Mr Turner) and my hon. Friend the Member for Newport West (Paul Flynn)—are present in the debate. Other members are on shift to come and do their turn over the next three days. Both they, and members of staff who worked incredibly hard to get a report in front of Members in about seven working days, deserve the utmost credit.

I believe in evidence-based policy making. Through that period of about seven days, we called for, sought and proactively received evidence that provided a welter of overwhelming information to say that the Bill does not work or do what it promised to do. This Bill does not do what it should say on the can—I do not know whether the Trade Descriptions Act applies in the House of Commons, but if it did there would be a strong case for putting somebody at least in front of a magistrate. This is not the lobbying Bill, it is the 1% lobbying Bill. Most of the problems that have been identified across the House, in the media and elsewhere, will not be affected or tackled by the Bill.

As well as producing a massive wodge of evidence for Members to interpret, my Committee also proposed a number of amendments designed to make the Bill what it should be—a genuine lobbying Bill. In clause 1, as part of our long debate over the next three days, we are attempting to ask: who are the lobbyists? When one lobbying group’s trade association says, “We think maybe 20% of lobbyists will be covered” and another says, “1% of lobbyists will be covered”, there is clearly a massive welter of people who do what we normally think of as lobbying but who will not be covered.

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[Mr Allen]

I am very much in favour of extending the register to in-house lobbyists because many people regard the biggest scandals—the ones reported in the national press and elsewhere, and those that come to hon. Members’ attention—as resulting from the activities of people who work inside large multinational companies, whether engineering, arms manufacturing or many other things. It is not beyond our wit to produce such a measure.

The hon. Member for St Albans (Mrs Main) has courageously underlined how much lobbying takes place outwith the scope of the Bill. She highlighted with great tenacity some of the most poisonous and difficult things to deal with in the lobbying arena. We should listen to her and learn how to improve the Bill with her proposals.

[Mrs Main]

I should reinforce that point. There was no ministerial logging of the meeting to which I have referred. It was a private lunch, but it was admitted that the application was discussed. Such a meeting will never appear under the Bill; it was revealed as a result of a parliamentary question.

[Mr Allen]

It is not for me to network within the coalition Government, but I advise the Deputy Leader of the House to make an appointment with the hon. Lady so she can tell him clearly and forthrightly how lobbying has influenced things in her constituency. Currently, such lobbying is not covered in the Bill, which is supposed to be about lobbying. The Bill is not about one or two problem people such as Ministers, permanent secretaries or people in the lobbying industry. Hon. Members and the public have been waiting for the Bill, and it is a big disappointment. It does not cover many of the problems the hon. Lady describes.

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[Mark Durkan]

What my hon. Friend describes absolutely trivialises the claims that the Government are making for this Bill, especially when we consider what bearing it would have on the amount of lobbying of the Government and what would be registered. If we consider the Bill in terms of transparency, the slight, little bit of translucence that will emerge at the very edge of the current lobbying business is hardly what would pass for transparency in any meaningful sense of the word.

[Mrs Main]

If some of those meetings are not captured, the only thing open to hon. Members is parliamentary questions and so on, yet quite often the response we get says that the cost of finding out whether somebody met someone else would be disproportionate. That is a problem. Once we get past that gatekeeper, we have no opportunity to explore what conversations were had or what impact they might have had.

[Mark Durkan]

The hon. Lady makes an excellent point. The point of transparency and registration is about being able to say that, if all such engagement is absolutely above board and matter of fact, there is nothing to hide and nothing to worry about. When the picture is created, or when it can be canvassed by some, that there is something untoward about such contacts and representations—that they are an attempt to get undue influence in pursuit of a particular vested interest—the whole public policy system and Parliament suffer. That is what happens when those suspicions abound. We are trying to protect ourselves and the public understanding and trust of Government and parliamentary processes by ensuring we have a more meaningful Bill.

That is why the amendments before us are important, not least amendment 48—which, as we know from the Chair of the Political and Constitutional Reform Committee, will probably be put to a vote—and the Opposition amendments, beginning with amendment 2, which basically take to task the Bill’s deliberately narrow definition of “consultant lobbying” by replacing it with a wider term, “professional lobbying”. This group of amendments also contains amendment 161, which stands in my name, which also tries to add more definition to the type and character of lobbying that we want the Bill to capture. Indeed, the hon. and learned Member for Torridge and West Devon said that there are issues with lobbying activity that is clearly carried on in firms and on behalf of firms. Such lobbying is a dedicated, professional wing of activity on the part of corporations, and it should be captured in any appropriate Bill.

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[Chris Bryant]

I do not believe that that is the aim of the Government’s legislation, although it may have suddenly got my hon. Friend the Member for Newport West (Paul Flynn) on board.

[Mrs Main]

On a need-to-know basis, I agree with what the hon. Gentleman is saying. I do not wish to use tortuous means to obtain correspondence from someone who says

“I would prefer for my email not to be sent to the MPs” ,

or, in my case, to a solicitor fighting against a proposal. I am happy for the hon. Gentleman to see my report, because I was trying to find out what lobbying was going on. We should be able to know what is happening. I have no problem with lobbying—it is not a dark art—but I have a problem with things that are being concealed.

[Chris Bryant]

Absolutely. Indeed, let us get it all out in the open: I used to be a lobbyist. I used to lobby for the BBC in Brussels. All right, the Daily Mail hates me. That is just about every bad thing knocked into one. However, I believed that the work that I was doing had to be done openly, transparently and publicly, and I was entirely happy about that. The European Parliament has a register, everything must be declared openly, and it is all above board. I wish that we had the same arrangement here.

In recent years I have worked with the UK Public Affairs Council, which now produces a voluntary register. It is online, and it is pretty good. It is possible to detect a fair amount of the lobbying that is going on, and to detect who represent what clients and so on. I fear that if the Bill is passed, it will not be in the interests of the vast majority of the people who are currently signed up to an online voluntary register. The Bill means that they will not have to register, and it will not be in their interests to go the extra mile and sign up to the voluntary register, so we shall end up with less transparency rather than more.

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[Chris Bryant]

I completely agree with my hon. Friend. At the risk of travelling too far from the amendment, the real danger of corruption in the Palace of Westminster and the legislature lies at the other end of the building. It is much easier for a lobbyist to persuade a peer quietly to table an amendment in the House of Lords than it is to persuade someone to table an amendment in the House of Commons. That needs to be looked at. [Interruption.] And, for that matter, to hand out passes. The decision about who should get a pass should be solely about security—it should not be about access.

[Mrs Main]

That is exactly the point I was trying to make in subsection (3) of new clause 5, which states that

“‘government’ includes…members and staff of either House of Parliament or of a devolved legislature”.

Access through staff, who then chat to the MP or peer, is just as valuable, but it is not covered by the Bill.

[Chris Bryant]

I am sorry, I have obviously not made it clear: I love the hon. Lady. Well, I will not do so when it comes to the general election, but I love her new clause, because it deals with many of the points that need to be addressed. Our constituents want a clear, open, transparent system without any dodgy handing out of passes to staff who are not really working for a Member but for a third party and so on.

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[Miss Smith]

The hon. Gentleman fails to take into account what this Government have done to ensure that Ministers’ and permanent secretaries’ diaries are transparent and the reforms made since then to ensure that meetings and contacts with news editors are also reported. Labour did nothing about that in its 13 years. It is time that we did do something, and that is what we are bringing before the Committee. I urge right hon. and hon. Members on the Opposition Benches to withdraw their lead amendment and the others that sit with it.

Amendments 9 and 48 on advice and meeting facilitation would alter the definition of lobbying provided by clause 2 so that it included the facilitation of meetings and provision of advice in relation to lobbying. Let me repeat that the Government have been clear that the register is intended to address a specific problem—that it is not always clear whose interests are being represented by consultant lobbyists when they meet Ministers and permanent secretaries. We want to ensure that that that level of information can be looked at by citizens, not by the Ministers and permanent secretaries themselves, whom I credit with enough wiles and wit to know who they are meeting.

The register is intended further to enhance transparency within the context of this far more open approach to government than has previously existed. The inclusion of the provision of advice in the definition of lobbying will not necessarily assist in the specific task that we are doing in this regard. I acknowledge that the work of many so-called lobbyists includes the provision of advice and the setting up of meetings, but once those meetings take place it is already clear to the public whose interests are being represented. I am therefore not persuaded of the value of extending the definition to the provision of advice, and I urge hon. Members to withdraw these amendments.

Amendments 8 and 27, which deal with in-house lobbying, would amend clause 2 to remove the term

“on behalf of another person”

from the definition of lobbying. I think that that is intended to bring with it the effect that the register be extended to apply to in-house lobbyists in addition to consultant lobbyists. As I have repeatedly reminded the Opposition and the Committee, the steps we have taken to enhance transparency at these previously opaque levels have already revealed the interaction between Ministers and external organisations. We proactively publish details of all Ministers’ and permanent secretaries’ meetings. It is therefore difficult to appreciate what value a register of in-house lobbyists would provide. It could merely duplicate the information that we already publish. Of course, we do publish that information. Will Opposition Front Benchers confirm in this debate what they have failed to confirm before—whether they would publish their own meetings and diaries? They have consistently failed to meet that challenge, and that is weak.

We have been clear, instead, that the register is intended further to extend the transparency we have introduced by addressing the specific problem in hand. The Opposition have failed to articulate what problem would be addressed by introducing a register of in-house lobbyists. Such a register may have been of use in relation to previous Administrations whose engagement with external organisations was less open, but it is not necessary now. The Canadian system, which does cover in-house lobbyists, costs about £3 million a year to operate. That system was deemed necessary because the Canadians do not publish details of Ministers’ meetings—but, quite simply, we do. As such, we have designed a register and made proposals accordingly. I urge hon. Members to withdraw the amendments.

Amendment 52 would amend schedule 1 to remove the de minimis exemption that we included in paragraph 3 to exclude those who undertake only occasional lobbying from the requirement to register as consultant lobbyists. This is covered in Government amendments that I will deal with later. I acknowledge the work of the Chairman of the Political and Constitutional Reform Committee on this. I assure hon. Members that the Government are keen to listen to the concerns expressed by his Committee and others that the exemption in paragraph 3 would perhaps exclude large multidisciplinary firms. That was never our intention, and our amendment to the paragraph will clarify that. As amended, the exemption would exclude only those who happen to communicate with the Government in a manner incidental to their normal professional activities. Multidisciplinary firms that run consultant lobbying operations and lobby in a manner that is not incidental to their other activities will be required to register. I can therefore reassure hon. Members that the amended exemption provides a necessary and appropriate exclusion for those who undertake only incidental lobbying, but it would not be enjoyed by multidisciplinary firms with active and substantive consultant lobbying wings.

Let me turn to a pair of Opposition amendments that are in this group but, intriguingly, were not spoken about—amendments 25 and 26. They would entirely remove the exemption that we have included in paragraph 7 to ensure that the normal activity of altruistic organisations such as charities is excluded from the scope of the Bill. We all know, of course, that the Charities Commission already imposes strict rules governing how charities lobby, and there is also a specific and onerous regime governing charitable status. Despite that, the Opposition want to remove the exemption for bodies such as charities and require them to register. Interestingly, though, they are not seeking to remove the exemption for the normal activity of trade. The Opposition are thus proposing that charities register as professional lobbyists in relation to their normal activity, but that trade unions do not. I urge hon. Members not to press the amendments.

New clause 5, tabled by my hon. Friend the Member for St Albans (Mrs Main), closely resembles the proposals made by the various industry representative bodies. I have had some time to look into the detail of such proposals, and I would like to put on record a couple of the issues raised by such an approach. The new clause would redefine “consultant lobbying” such that the activity must take place in the course of business for the purpose of “influencing government” or

“advising others how to influence government”.

Under this definition, a huge number of individuals and organisations would be subject to the provisions relating to the register. Furthermore, the definition expands what is meant by consultant lobbying to include the provision of advice to others seeking to influence Government. I do not understand how the problem under discussion would be solved by requiring the registration of those who advise others—I have already addressed that point. If people are made more effective in communicating their messages, that is a matter for them. Of course, it must be made transparent to everybody who receives those communications who they represent, which is what the Bill seeks to address.

The new clause goes on to provide an exceptionally wide definition of those who would have to register. Anyone who attempts to influence, or provide advice on influencing, every level of government—local, central and devolved, parliamentarians and their staff, and public authorities—would be required to register. This includes those working in a charitable, not-for-profit capacity and those in a voluntary position. The new clause includes a number of exemptions and it would be worthwhile exploring them.

[Mrs Main]

My concern is that the Bill is so narrowly defined it is not worth having unless we expand it, although part of me does not wish to expand it at all. My hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) and the hon. Member for Dunfermline and West Fife (Thomas Docherty) have said that it is influence of those at lower levels, not of the permanent secretary or the Minister, that is most important, but that is not captured in the Bill and that is what concerns many of us.

[Miss Smith]

I thank my hon. Friend for rising to make that point, which is valuable and is addressed by some of the amendments.

The Bill is straightforward about those who should be covered by our register. I repeat that we are being very specific about the transparency we are seeking to achieve. We regard Ministers and permanent secretaries as the key decision makers. I cannot state that much more simply.

New clause 5 brings to mind some unusual examples that we should consider in terms of public interest. A volunteer playgroup manager would have to register under the new clause if they wrote to their local authority about dog fouling near a church and requesting that it cleans it up. A charity that wants to inspire underprivileged children through sport would have to register in order to ask the mayor for permission to use a playing field. Furthermore, the founder of a small business who wants to write to their MP to complain that their waste collection is substandard would have to register as a lobbyist in order to do so. I do not think that those are good examples.