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

Baroness Kennedy of Shaws Excerpts

Tuesday 22nd October 2013 Lords Chamber

[Baroness Kennedy of The Shaws (Lab)]

My Lords, it is important that we retain some clarity about why there were calls for a Bill to regulate lobbying. It was to deal with the damage to our democracy caused by the introduction of professional lobbyists and the toxic effect of big money. There was general concern that our democracy should not fall into the grip of rich men or commercial interests. I am afraid that both our Houses came under scrutiny because of the ways in which wads of cash and other inducements seem to be waved at politicians to secure favourable policy, or even promises of places on boards at the end of political careers.

There were good reasons, therefore, why there should be calls for a Bill. As citizens, we seek the attention of our politicians to persuade them of our cause, so that the interests and concerns of all sections of our population might be better served. Lobbying is vital to our democracy: it is how we change policy and push for different legislation; it is how we see society evolving and how democracy ultimately works.

Many people in this House have lobbied for change, and without being paid for it. We were active citizens; and active citizenry is what this is about. It is about adding to the social capital that has helped to keep our democracy strong and in good heart; that is why it has had the respect of the world. This Bill grew out of concern that a poison was leeching into our politics.

I am a member of the Joint Committee on Human Rights. We are seriously alarmed that this Bill has been rushed unnecessarily through Parliament and that there has been inadequate time for the proper scrutiny and consultations that are vital for the improvement of any Bill. A whole set of amendments has come from the Government that require scrutiny, but we have not had time to deal with it. There should be further consultations with the Electoral Commission, the Commission on Civil Society and Democratic Engagement, and other relevant stakeholders. We are urging that there should be a pause at some stage to allow that to happen.

The Political and Constitutional Reform Committee has also made recommendations which should have a response from the Government before we go forward. It really is unacceptable that a committee such as the Joint Committee on Human Rights, tasked by Parliament to analyse the human rights implications of legislation, should not be able to report on a Bill until it has left the first House, all because of unnecessary speed, especially when there are issues in this Bill that go to the heart of our democracy—for example, freedom of expression and freedom of association.

This is not emergency legislation or law that requires fast-tracking. It is wrong that the Government have timetabled this Bill in a way that does not allow us to do our job properly, whether on Select Committees or as Members of this House. This is not the first time that the JCHR has had to raise concerns about the inadequacy of time available to scrutinise the human rights compatibility of significant government amendments in relation to Bills. It is a recurring problem, which I am raising so that this House hears it and because it has constitutional implications.

Our concerns with this Bill are serious. It currently is not fit for purpose. More time is needed to ensure that proposals are proportionate and do not have unintended consequences for campaigners’ rights to freedom of expression and freedom of association. The protection of electoral process is a clear, legitimate aim of government. We do not want a United States style system of election spending by third parties. It is important that single-issue campaigners do not have the ability to distort outcomes unfairly by mass injections of money and nor should rich businessmen.

However, we are concerned that lack of understanding about any new rules and arrangements might dissuade charities and campaigning groups within our communities from participating in campaigns, with the potential chilling effect on free speech and freedom of association. Reform of non-party campaigning regulation requires careful consideration and we need time for that. That is why we are recommending a pause in the legislative process, as has been suggested by other Members of this House. We are asking for more time to be allowed for further consideration of the measures.

The pause could take a number of different forms. It could take place before or even after Committee stage. That can be debated. This Bill is being rushed through Parliament and the consequences could be very serious. The law, when it creates unintended consequences, is bad law. One of the roles of this House is to ensure that we do not create bad law. The Government should listen to public clamour—indeed, there is a clamour out there—and I hope that the Minister will act accordingly.