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

Debate between Anne Main and Jon Trickett

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.