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

Baroness Jay of Paddington Excerpts

Tuesday 22nd October 2013 Lords Chamber

[Baroness Jay of Paddington (Lab)]

My Lords, I echo the noble Lord, Lord Wigley, in welcoming the noble Lord, Lord Horam, and congratulating him on his maiden speech. I rise to report briefly on the scrutiny of the Bill undertaken by your Lordships’ Select Committee on the Constitution, which I have the privilege of chairing. The House has already heard some powerful points from one member of the committee, the noble Lord, Lord Lang of Monkton, and a further speech will be made by the noble Lord, Lord Hart of Chilton. I hope that between us we will cover the major points that the committee has given in its report.

We reported on this Bill last Friday, 18 October, having discussed it at our meeting on 16 October. Somewhat unusually, we decided to publish our report rapidly and before Second Reading, rather than wait as we sometimes do to propose specific areas for amendment at the next stage. The committee felt that in this case the House should be made aware immediately of our significant concerns about the content and overall handling of the Bill.

The Constitution Committee accepts the view, widely promoted this afternoon, that there is general cross-party support for achieving greater transparency—a greater showing of the light, as it has been called—on lobbying, a matter that has been discussed for many years. We also welcome the amendments that have been made in another place to establish a clearer view of the position of Members of both Houses.

Overall, however, we are unsure that the Bill will achieve proper improvement in the immediate concerns of the general policy. We have specific doubts both about the clarity of the Bill’s provisions and about the potential effects of aspects of the Bill. Some of these might have been addressed if, as has been repeatedly said this afternoon, the Bill had not been introduced in what we describe in the report as “undue haste”. That obviously led to difficulties of scrutiny, with no pre-legislative scrutiny and an inadequate concern for time in the other place.

As your Lordships will be aware, over a number of years the Constitution Committee has published a series of reports—under different Governments, I point out—stressing the importance of effective scrutiny in legislation not only to enhance the reputation of Parliament but to improve the quality of legislation. Perhaps I might take two minutes to quote, as we do in our current report, from those previous reports. For example, in Parliament and the Legislative Process, we noted that,

“subjecting … measures to rigorous scrutiny is an essential responsibility of both Houses of Parliament if bad law is to be avoided … Parliament has a vital role in assuring itself that a bill is, in principle, desirable and that its provisions are fit for purpose”.

In another report, from the Session of 2010-12, The Process of Constitutional Change, we reiterated that,

“if Parliament cannot be seen to be scrutinising proposals with the thoroughness they deserve, public confidence in parliamentarians is likely to be further undermined”.

The committee feels that this is particularly important when dealing with matters that affect the constitution. We have emphasised that point in a succession of reports, which I have quoted from very briefly.

Here we come to the nub of the problem with the current Bill that the Constitution Committee is most concerned about. A Bill that directly affects the electorate’s ability to engage with the Government and to take part in political campaigning must challenge the fundamental common-law right to freedom of political expression. There could not be a clearer constitutional principle and, as the committee report states, given these factors it is essential that the process accords with the highest standards. However, the committee concludes that, given the lack of external consultation, the absence of a White Paper or a draft Bill and the hasty proceedings in another place, the handling of the Bill to date is a matter of significant concern.

To move to our scrutiny of the policy substance of the Bill, in Part 1 we share the generally expressed concern about the narrow scope of provisions on the work of lobbyists. Again, I quote from our report, which in turn mentions the report by our fellow committee in the other place:

“The Government’s lack of engagement with the industry is reflected in a poorly drafted and narrow definition which does not accurately reflect the work undertaken by lobbyists”.

As with many speakers this afternoon, though, it is of course Part 2 that has most concerned the committee as far as the policy is concerned. I remind your Lordships that the proposed amendments to the Political Parties, Elections and Referendums Act that tighten and extend various controls, including financial controls, are in Part 2. We have heard a series of vivid examples and explanations from various speakers today about the impact of these controls and extended financial regulations on the charity sector and on the voluntary sector in general. The potential limits on their campaigning activities have been described as “chilling” and as a chilling threat to their constitutional rights. Your Lordships’ Constitution Committee notes that the House must ensure that the Bill gives absolute and appropriate justification for interfering with that right. In the committee’s view, the Government had yet to offer such a convincing justification for extending the control on third parties and I suggest to the Minister—although obviously this is a personal view, as the committee has not met to consider today’s speeches—that that justification still has yet to be heard.

We conclude that your Lordships will wish to consider whether extended control is really necessary, given the particularly serious implications for a basic constitutional right. This is the question of achieving the balance that several noble Lords have referred to today. In consideration of the Bill, as the House has heard, the House has the advantage of several relevant parliamentary reports, including the very trenchant findings of the Political and Constitutional Reform Committee in the Commons, the report of the Joint Human Rights Committee, which my noble friend Lady Kennedy of The Shaws has referred to, and that of the Commons Committee on Standards. All these reports share a similar disquiet about the way in which the Bill has been handled and serious concerns about its content. I hope that the combined authority of those committee reports, together with your Lordships’ own Constitution Committee report, will give the Government pause and encourage Ministers to listen very carefully to the debates in this House.