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

Chi Onwurah Excerpts

Tuesday 8th October 2013 Commons Chamber

Brought up, and read the First time.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dawn Primarolo)]

With this it will be convenient to discuss the following:

Amendment 68, in clause 2, page 2, line 1, leave out ‘a business’ and insert ‘their lobbying activity’.

Amendment 69, page 2, line 3, after ‘persons’, insert ‘or employer’.

Amendment 70, page 2, line 4, leave out paragraph (b) and insert—

‘(ba) the person concerned is trading as a sole trader or company, or is an employee of such a person’.

Amendment 97, page 2, line 8, leave out subsection (3) and insert—

‘(3) The communications within this subsection are oral or written communications made personally to a Member of either House of Parliament, a Minister of the Crown or permanent secretary or senior civil servant or special adviser relating to—

(a) the development, adoption or modification of any proposal of the Government to make or amend primary or subordinate legislation;

(b) the development, adoption or modification of any other policy of the Government;

(c) the making, giving or issuing by the Government of, or the taking of any other steps by the Government in relation to—

(i) any contract or other agreement,

(ii) any grant or other financial assistance, or

(iii) any licence or other authorisation; or

(d) the exercise of any other function of the Government.’.

Amendment 98, page 2, line 8, leave out subsection (3) and insert—

‘(3) The communications within this subsection are oral or written communications made personally to a Minister of the Crown or permanent secretary or senior civil servant or special adviser relating to—

(e) the development, adoption or modification of any proposal of the Government to make or amend primary or subordinate legislation;

(f) the development, adoption or modification of any other policy of the Government;

(g) the making, giving or issuing by the Government of, or the taking of any other steps by the Government in relation to—

(iv) any contract or other agreement,

(ii) any grant or other financial assistance, or

(iii) any licence or other authorisation; or

(h) the exercise of any other function of the Government.’.

Amendment 71, page 2, line 8, after ‘written’, insert ‘, including electronic,’.

Amendment 73, page 2, line 9, leave out from ‘communications’ to ‘relating’ in line 10 and insert ‘are made to government or parliament’.

Amendment 116, page 2, line 10, after ‘secretary’, insert ‘or special adviser’.

Amendment 72, page 2, line 12, after ‘subordinate’, insert ‘or European’.

Amendment 74, page 2, line 20, at end insert ‘or parliament’.

Amendment 75, page 2, line 21, leave out ‘Minister or permanent secretary’ and insert ‘person being lobbied’.

Amendment 76, page 2, line 25, leave out from beginning of line 25 to end of subsection (5) and insert— ‘

“government and parliament” includes within the United Kingdom—

(a) Ministers or officials of government departments;

(b) Members and staff of either House of Parliament;

(c) Special Advisers and senior civil servants;

(d) Non-Ministerial Departments, Non-departmental public bodies and executive agencies and their senior staff; and

(e) Advisers and consultants to government and parliament within the meaning of this subsection, who are not employed by, or seconded to government or parliament but have an official, if temporary, role.’.

Amendment 99, page 2, line 33, at end add—

‘“senior civil servant” means a person holding a position of Grade 5 or above in the Civil Service of the State.

“special advisor” had the same meaning as in the Constitutional Reform and Governance Act 2010.

Government amendment 30

Amendment 80, in schedule 1, page 52, line 7, leave out paragraph 4.

Amendment 83, page 53, line 26, leave out paragraph 12.

[Chi Onwurah]

With your indulgence, Madam Deputy Speaker, I would like to start by paying tribute to the hon. Member for Norwich North (Miss Smith), following her decision to focus on her constituency and resign from the Cabinet Office. I wish her well, although those good wishes do not extend to success in the next general election campaign.

Everyone in the Opposition certainly felt for the hon. Lady, however, and I am sure that she is glad to be out from under this garland of an albatross, this dog’s dinner, this lobbyists’ charter—just some of the ways in which the Bill has been memorably described. Although there might be some debate about how best to describe the Bill—perhaps a dog’s dinner of an albatross—there is absolute unanimity that it is a total mess. Rarely have so many diverse groups been united in agreement—truly, the Government can claim to be a force for unity in the country in regards to the opposition they manage to inspire.

New clause 7 would ensure that some critical groups and individuals are not caught up in the Bill. One of the reasons the Bill attracts so much opposition is that it stands up for the powerful against the weak. A small firm of lobbyists, perhaps specialising in green technology on behalf of social enterprises that cannot afford to hire expensive lobbyists, will be caught up by the Bill and forced to pay possibly thousands to be on the register, but a 150-person-strong public affairs team in a big six energy company will absolutely not be caught. As the Public Relations Consultants Association has said, fewer organisations will be required to sign this register than are currently on the voluntary register. As a result, these consultancies, which will mainly be small and medium-sized enterprises because larger ones tend not to be exclusively lobbying businesses, will each be required to pay potentially thousands a year—not my estimate—mainly to register a list of names of staff and clients, which most of them already do.

With this Bill, it is hard to distinguish between the result of poor drafting and poor judgment on the part of the Government. Only a Government of startling incompetence could draft a so-called lobbying Bill that captures only 1% of lobbying activity. In an apparent attempt to address that, the Government have tabled some amendments, but as the chair of the Chartered Institute of Public Relations, Iain Anderson, said recently:

“The amendments have not changed the scope of the Bill's impact on the lobbying industry. It shows that they are not listening. There has been no change to the definition of those who lobby, and who they lobby. Rational arguments and Parliament’s wider concerns are being ignored.”

So there we have it. Rational arguments and Parliament’s wider concerns are being entirely ignored in the drafting and redrafting of the Bill.

It is not just lobbyists, however, who are queuing up to mock the Bill. In Committee, very few Government Back Benchers stood up to defend the Bill, and I see that there are hardly any here this evening. I hope that such as are here will support us in trying to change the Bill. In fact, not a single Government Back Bencher spoke in support of the Bill in Committee.

New clause 7 and its dependent amendments would make it clear who should be excluded from lobbying regulation and ensure that certain historic duties in relationships were not damaged. Paragraph (a) of the new clause would ensure that any person who was

“a constituent contacting or communicating with their Member of Parliament”

was not defined as being engaged in lobbying. We have already talked about the importance of the role of Members of Parliament in representing the interests of their constituents. We are all here because our constituents elected us to represent their views and interests here in Parliament, and the word “lobbying” relates to the ability of people to come here and find their representative —in the Lobby, perhaps—and ask them to do something or to vote in a certain way. Technology has changed the way in which we are lobbied, but this incompetently drafted Bill must not cast a shadow on the right of our constituents to lobby us, in whatever way they choose.

I hope that you will forgive me for going off at a slight tangent, Mr Speaker, but some of those new forms of contact and lobbying, including those used by campaign groups such as 38 Degrees, are threatened by part 2 of the Bill, which we shall discuss tomorrow. This leads me to question again whether this is a deliberate attempt to undermine our democracy or merely carelessness and an attempt to rush a Bill on lobbying on to the statute book before the next election, no matter how badly drafted and incompetently set out it might be. It is essential that the link between Members and their constituents should be protected, and not damaged—inadvertently or otherwise—by poor legislation.

Paragraph (b) of the new clause would add a person who was

“making communications solely on his or her own behalf”

to the list of exceptions. Similarly, paragraph (f) would adds a person who was

“making communications without remuneration”.

It is important that people should be allowed to communicate with the Government on their own behalf, and that communication with the Government that is not being paid for should not be disrupted. New clause 7 would ensure that those who were not paid for their lobbying would not have to bear a financial burden at the expense of big corporations and large firms. Nor should that burden fall solely on small and medium-sized enterprises, which is why we have tabled separate amendments widening the scope of the register.

Paragraph (c) of the new clause would exempt a person who was

“responding to a government consultation exercise”

and paragraph (d) would exempt a person who was

“responding to an invitation to submit information or evidence”

to a parliamentary Select Committee or Public Bill Committee. Similarly, paragraph (g) would exempt a person who was

“responding to or complying with a court order”.

Paragraph (e) would exempt a person

“acting in an official capacity on behalf of a government organisation”.

I think that hon. Members on both sides of the House would agree that those scenarios should not be caught up by the Bill simply because of poor drafting.

The other amendments in the group seek to extend the range of lobbying activities covered by what is supposedly a lobbying Bill. Amendments 68 and 69 would extend the range of such activities. Amendments 71 and 73 would widen the scope of the Bill. Amendment 71 in particular would widen its scope to include e-mails, an electronic form of communication that the Government might not value but which can certainly be used for lobbying. Amendments 74 and 75 would widen the scope of who it would be possible to lobby. Amendments tabled by my hon. Friend the Member for Nottingham North (Mr Allen), the Chairman of the Political and Constitutional Reform Committee, would ensure that it was not only permanent secretaries who could be lobbied.

I am eager to hear the response of the Leader of the House to the points raised. We have seen this evening a lack of willingness to consider making changes to the Bill, despite the almost complete unanimity of the lobbying industry—it stands strangely at one in this—in viewing this Bill as badly drafted and likely to reduce transparency in an industry that is well in need of increased transparency. That is contrary to what the Bill set out to do and contrary to the promise in both coalition parties’ manifestos to increase transparency. As I say, I am eager to hear the right hon. Gentleman’s reply. I am not sure how the Government intend to offer the protections that we seek without our amendment, but I look forward to hearing the right hon. Gentleman address the concerns that I have raised.

[Simon Hughes]

I shall make just a brief point in support of my amendment 116, which would make a simple change to list of people who, when lobbied, are to be subject to appropriate registration. At the moment, the list includes a Minister of the Crown or a permanent secretary, and my proposal is to add special advisers to that list. They are clearly a group of people known to be part of the political system operating out there as a bridge between Ministers, Departments and the public. It seems to me that they are naturally perceived to be people who can receive messages from lobbyists and pass them on to their political bosses. It would be good politics and not a complication to add this group of people to the list. I know that so far this has been considered but rejected by the Government. I hope that they will be open to the possibility of adding it either tonight or, if not, when the Bill goes to the other place for further consideration.

--- Later in debate ---

[Mr Lansley]

As has been demonstrated, the effect of new clause 7 and the other amendments proposed by the hon. Member for Newcastle upon Tyne Central (Chi Onwurah) would be to bring into the register of lobbyists not just consultant lobbyists but all those who are in-house lobbyists. She knows that the approach we have taken is not to seek to create a register of everyone who engages in lobbying, which would be a very long list, but to ensure that the details of the meetings of the key decision makers—Ministers and permanent secretaries—are published and by extension we understand who is lobbying whom as far as the key decision makers are concerned. She rather shot her own fox by talking about the big six energy firms. The reason that earlier this week The Independent was able to run the story about the number of times that Ministers have met representatives of the big six energy firms is that we as a Government for the first time have published details of Ministers’ diaries. Putting the names of the big six energy firms in a register of lobbyists adds no information: we know who they are; we know on whose behalf they are lobbying; and we now know—as a result of this Government, not the previous Government—when they are meeting the key decision makers. That is clear. In this Bill we are extending transparency and addressing the key failing, and we are doing so not through having a large list of the kind the Opposition amendments would create.

New clause 7 proposes exceptions to the definition of those who are treated as consultant lobbyists. It may be of comfort to the hon. Member for Newcastle upon Tyne Central (Chi Onwurah) and the Opposition that there are some sensible exclusions from their concept of lobbying, but all those sensible exclusions are already provided for in the Bill. Some of the proposed exclusions are less sensible, however. In their explanation for amendment 70, the Opposition say that they seek to remove the reasonable requirement that consultant lobbyists must be VAT-registered, which is aimed at protecting small businesses engaged in consultant lobbying, and to insert in its place a requirement that the lobbyist be a

“sole trader or company, or employee of such a person”.

The amendment therefore excludes charities, partnerships and any other type of body a lobbyist might be. The Opposition would therefore reduce the effectiveness of the register in relation to consultant lobbyists.

The Chair of the Political and Constitutional Reform Committee said that we took a long time in responding to its report. That was because it was arguing for this large-scale regulatory structure for lobbying. We looked carefully over a substantial period of time at whether satisfactory definitions could be achieved, and they cannot. We would end up with very large-scale registers that tell us very little that is new.

Opposition amendments 73 to 76 and 83 would alter the definition in clause 2 with the intention of extending the scope of the register to those who lobby each of the many categories of people, including special advisers, senior civil servants, Members of either House of Parliament, parliamentary staff and non-departmental public bodies.

Amendment 97, tabled by members of the Select Committee, offered a more limited expansion of the scope, aimed at including special advisers, the senior civil service and, in the case of amendment 98, parliamentarians. Amendment 116, in the name of my right hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes), would extend the scope to special advisers.

The register is designed to complement the existing Government transparency regime whereby Ministers and permanent secretaries proactively publish details of their meetings with external organisations. It is intended to focus on communications with the key decisions makers in Government, not on the large-scale surrounds of people who are intermediaries. There is a question as to the value of increasing the scope of the ministerial transparency regime. Is there really value in collecting and publishing data on every meeting of every one of almost 5,000 senior civil servants?

Amendment 71 would add the term “electronic” to the concept of written communications. I can assure the House that such communications—including a fax, an e-mail, a text message, and even a personal tweet or BlackBerry Messenger conversation—are already currently captured by the definition of communications.

Turning to European legislation, amendment 72 would not be effective in the terms in which it is drafted. We do not make European legislation, but lobbying in relation to it or lobbying the policy of the Government in relation to it would be captured.

There is one Government amendment in this group: amendment 30. It provides that a person does not fall within the scope of the definition of consultant lobbyist if they carry out a mainly non-lobbying business and any consultant lobbying communication they make is incidental to those activities. Paragraph 3(2) of schedule 1 defines non-lobbying activities as any activities other than the making of communications about policy, legislation or contracts and tenders and so forth to any Executive, including the UK Government, the devolved Administrations, UK local government, any national Government, and any institution of the EU. This amendment will clarify that the reference to the lobbying of the Northern Ireland Executive in paragraph 3 includes the lobbying both of Ministers and their Departments. When the time comes, I shall wish to move that amendment on behalf of the Government, but I now give the hon. Member for Newcastle upon Tyne Central a moment to respond.

[Chi Onwurah]

Given this Government’s clear lack of understanding of lobbying activity, the new clause will not improve the Bill substantially and so I beg to ask leave to withdraw the clause

Clause, by leave, withdrawn.