(10 years, 10 months ago)
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I thank you, Mr Hollobone, for chairing this debate. This is an important topic, even though we have not yet been joined by too many other colleagues. I have had the pleasure of working with constituents in Norwich for the Royal British Legion since I was first elected. On Saturday, I will be doing what I have done for many years: joining Roy and Val Hill of the Sprowston Royal British Legion branch in their well-regimented but good-natured poppy appeal at the largest local branch of Tesco. I am sure that other hon. Members will have similar engagements in their constituency.
On Remembrance Sunday, I usually join hundreds of my constituents at Norwich city hall for wreath-laying and the “Last Post”, and then in Norwich cathedral. In the afternoon, I usually take part in a parade down Yarmouth road with the Thorpe St Andrew branch, led by the indefatigable Roy Robson and the town mayor. However, this year I unwisely chose the day before Remembrance Sunday on which to get married. I hope my constituents will forgive my absence this time.
In Norwich, the work of the legion is coming to the fore in an unfortunate way, which is poor timing, as this is the month before November. I want to use this debate to discuss the ways that we can best support this long-lived and courageous organisation. The Royal British Legion is of course the UK’s leading armed forces charity. It provides practical, emotional and financial support to all members of the British armed forces, past and present, and their families. Secondly, it actively campaigns to improve lives, and it safeguards the military covenant between the nation and its armed forces. By the bye, I am pleased that the Government have published that covenant, setting out the relationship between the nation, the state and the armed forces. It recognises that the whole nation has a moral obligation to members of the armed forces and to their families, and it establishes how they can expect to be treated. Community covenants are also being signed across the country, bringing military and civilian communities together.
Armed forces have long been based in Norfolk. RAF Marham, for example, has recently been the focus of an enormous community campaign, orchestrated by the Under-Secretary of State for Education, my hon. Friend the Member for South West Norfolk (Elizabeth Truss). The Norfolk covenant builds on those relationships and local support and rightly aims to provide a more consistent approach.
I congratulate my hon. Friend on securing this debate. The Royal British Legion operates in Ilford North as well as Norwich North. Does she agree that the work it does for the people who have served our country so well, and who should always be remembered, is irreplaceable, and that we should cherish such a great organisation and help it in every way we can?
I certainly do. I am confident that my hon. Friend, like me and many other Members, wants to see the Royal British Legion succeed in Ilford, Norwich and across the country. I will come on to that, as well as how we might mark the centenary of world war one next year. Perhaps my hon. Friend will tell us how his region will mark that event.
Let me return to the legion’s purposes. It also organises the poppy appeal. It runs one of the UK’s largest membership organisations, and it is recognised as the nation’s custodian of remembrance. In summary, its mission is to provide welfare, comradeship, representation and remembrance for the armed forces community. We all pay tribute to this impressive and durable organisation. We are talking about a crucial cause, and it is given voice and action by many members and volunteers who have shown the highest courage in their service to this country.
We all want the Royal British Legion to be a strong organisation. As I have mentioned, next year sees the beginning of the world war one centenary commemoration. Another important event is the Normandy Veterans Association’s 70 years commemoration, which is championed in my constituency by some most wonderful veterans who are passionate about seeing it done well. All that is important work that we want the legion to sustain for today’s and tomorrow’s service people and their friends.
It is clear, however, that the legion faces challenges. Its accounts suggest that it runs at a deficit, and it has embarked on a major programme of modernisation and change called the “pathway for growth”. Its aim is to make the legion more visible, more relevant and more accessible to those members of the armed forces community who may require help, advice and support at any stage of their lives. I suspect that this is where the rubber hits the road. The Jubilee hall, which serves the Norwich branch and is a fine community hall, faces closure. The head of clubs and trusts at the headquarters says:
“The primary duty of the trustees in this case is to ensure that the best value is obtained from the assets placed in their trust in order that they can provide the maximum support to the objects of their trust. It was accordingly decided that the better option was to seek to sell the property for the best value which can be obtained from the open market.”
The local branch heard that news in August, and I sombrely noted that in one of their first phone calls afterwards, they contacted me as the local Member of Parliament. After two months, several public meetings, a local newspaper campaign by the Norwich Evening News, a generous underwriting offer from a local businessman, and some initial commercial negotiations, I am raising the story in Parliament, and I also have a petition from 617 local residents, which I shall present next week to the director-general of the Royal British Legion. I will explain to him the love that we in Norwich have for our Jubilee hall. First, it is the most visible base of the legion in the area. It is the size of a sports hall and it is emblazoned with the wording “the Royal British Legion” in brass letters a foot high. It is terrible to lose such an emblem.
Secondly, it is more terrible to lose a supportive and friendly establishment for many legion members who depend on it. It provides a warm drop-in for those who want it. Every table is neatly decorated with tinsel or flowers, depending on the season, and it provides a fuller space when that is wanted as well. Thirdly, it is the kind of community hall that already has 500 bookings for next year. I would be interested to know of any community venue that can rival that. In fact, now I know where all the zumba classes in this country are taking place; they are taking place in the Jubilee hall in Norwich, if not in Ilford.
That wide spectrum of activities taking place in the hall is something of which we can be proud. The acting chairman and his team of volunteers at the Norwich city Royal British Legion branch are doing their utmost to achieve a sustainable business after some instability in recent years.
Last Thursday, a “save Jubilee hall” public meeting passed a unanimous vote to keep the hall open, supporting the setting up of a charitable organisation to take on the building. Members and non-members alike of all generations expressed great anxiety about the danger of closure, and wanted to bring back the building to its former glory. Local man Martin Wyatt has offered to underwrite the finances required for such work, and deserves thanks for his generosity. He and the legion committee are working hard to make the transformation a reality. They have secured free legal advice through a local law firm, so they plan to lodge charitable status as soon as possible.
I am pleased—I am sure that the Minister will join me in my pleasure—that the local Labour councillors see the value in the Localism Act 2011, and we all encourage the local authority to list the hall as an asset of community value; that could give us six months’ grace before any sale. Volunteers are delighted to have received a kind letter from the secretary of Her Majesty the Queen, who is of course the patron of the Royal British Legion.
Naturally, the next step is more commercial negotiations, which are not the business of Parliament. However, the hall was built with local funds, and the committee intends to maintain it for its original purpose, though it will broaden its remit to encompass fully the local community. As Mr Wyatt has said,
“we look forward to a completion of this transfer, whether by lease or sale, as soon as possible, and for a stress-free and happy running of Jubilee Hall for years to come”.
It is my hope that by raising this issue today, I have done a little bit to remind us in this great institution of Parliament about the work and the standing of that other great institution, the Royal British Legion.
Here comes the crunch, however. The legion must not leave its members behind; it must not neglect the people who make it a great institution. Now is the time for the legion to listen to its members and to its friends in the wider community. If its aim is to make the legion more visible, more relevant and more accessible, then it should listen and be visible in the Norwich community, and work constructively with local volunteers. We are all behind the legion and its wonderful volunteers, and we do not want the legion to waste that good will.
I said earlier that I would return to the topic of the year ahead. As you know, Mr Hollobone, 2014 will mark a momentous milestone in British history—100 years since the outbreak of world war one. The centenary offers a special opportunity to commemorate not the war and the bloodshed, but the dedicated men and women who sacrificed so much to protect the United Kingdom. It also presents a very important chance to educate a new generation of young people about the war, to ensure that the lessons of that extraordinary time are not lost.
As the Minister will no doubt remind us, the Prime Minister has laid out the Government’s plans to mark the centenary. He has announced that support will be available for projects and initiatives, large and small, in local communities across the UK, in the form of Heritage Lottery Fund grants. I hope to work with councils, heritage groups and charities such as the Royal British Legion to mark the centenary locally. It is a matter of shame, I am afraid to say, that the Labour administration at Norfolk county council has rejected that idea, telling me that it has a rather full diary at the moment. It would be a matter of sadness, and downright discourteous to veterans and serving members of the armed forces, if the Labour administration at county hall did not have the time, inclination or gumption to do this job properly.
I turn back to the matter at hand. I will leave time today for colleagues to express, perhaps, their interest in the work of the legion, and for the Minister perhaps to tell us a little more not only about the commemoration plans but about the way that he works incredibly hard in his brief to support charities. Perhaps he can suggest further ways in which the Royal British Legion can do its job and be supported strongly from inside this great Parliament.
In conclusion, I support the Royal British Legion in Norwich. I passionately want it to succeed for those whom the charity serves: veterans of past campaigns; those yet to fight; and, of course, those whom we remember as fallen, and of whom we will say again in November,
“Age shall not weary them, nor the years condemn.”
We all are friends and supporters of the Royal British Legion. My final message today is to those at the legion’s headquarters, if they are listening. I say to them, “Please remember your local members and friends, and save the Jubilee hall in Norwich.”
(10 years, 11 months ago)
Commons ChamberAmendment 45 is a genuine attempt to address at least some of the problem, and I am grateful to the hon. Gentleman for reminding me of another issue. I am a big fan of Babcock, a major employer of my constituents and his; some 3,500 people work at Rosyth dockyard. The Government believe that simply listing a meeting with Mr John Gardner, the public affairs director for Babcock, would somehow show transparency. However, as the hon. Gentleman and I know, Babcock has six or seven significant arms, including its nuclear engineering division, which I suspect is of particular interest to him; its defence business, which is of interest to my constituency; the rail division; and the facilities management division. It would not be clear to anybody what such a meeting would be about and what transparency there would be.
Let me bring my remarks to a timely close. Our amendment 18 would sort the issue out in a constructive, well-drafted manner. We are grateful for the assistance of the able Clerks upstairs.
Vicars would not be covered; the Church of England’s public affairs team would be covered, but not the individual vicar, as they would not be paid to lobby. Parishioners would not be covered either and nor would someone giving evidence to a Select Committee. That would impinge on parliamentary privilege, which we hope the Government accept should not be a matter for the courts. We also recognise that someone responding to a Government request for information should not be covered.
I hope that the Deputy Leader of the House and the Minister have listened closely and take away helpful advice from both sides and that the issue can be dealt with in this place, rather than being sorted out yet again in the other place.
I rise to address the Opposition amendments and to speak in favour of those tabled by my right hon. Friend the Leader of the House. I shall also address other points raised in the debate.
I begin with the amendments from Opposition Front Benchers, which would replace “consultant lobbying” with “professional lobbying” throughout part 1. The amendments define “professional lobbying” as undertaking lobbying
“on behalf of a client, or…on behalf of an employer.”
Amendment 18 provides a list of exemptions from the Opposition’s broad definition of lobbying outlined in amendments 19, 20 and 21.
The Opposition’s intention is clear, but unfortunately their drafting lacks similar clarity. They have diligently—some might say single-mindedly or simple-mindedly—substituted the term “consultant lobbying” with “professional lobbying”, but notwithstanding the years of experience demonstrated by the hon. Member for Dunfermline and West Fife (Thomas Docherty), their concept of professional lobbying appears not to have been sufficiently thoroughly considered. It shocks me that after 13 years of thinking about these things, they have brought forward so little.
The Government’s proposals for a register are designed to address the specific problem that we have identified: it is not always clear whose interests are represented by consultant lobbyists when they meet Ministers and permanent secretaries.
I am sure that my hon. Friend is aware that the Association of Professional Political Consultants itself accepts the amendments that would replace “consultant lobbyist” with “professional lobbyist”.
I am delighted to have taken my hon. Friend’s intervention because I will come on in detail to why those amendments are deficient. I have no doubt that they are supported by others who have made their voices known in this debate, but that does not make them a solution to a specifically identified problem. Indeed, the hon. Member for Dunfermline and West Fife kindly confirmed that our Bill does what it sets out to do.
The context is that this Government have for the first time made it clear to the public exactly who Ministers and permanent secretaries meet. The Opposition appear to be trying to solve a different problem, but they have failed clearly to articulate what it is. What exactly is the rationale for a register that requires the local vicar to sign up as a professional lobbyist? The hon. Member for Rhondda (Chris Bryant) seems to think that that is okay. However, if this how Labour Members think they might get back in touch, they will not achieve it by doing this, and it is rather weak for them to think so. The hon. Member for Dunfermline and West Fife rejects the idea that the local vicar might need to sign up as a professional, but he ought to read his papers more closely.
I had better make it good, then. The Minister said that the amendments are badly drafted—obviously, Mr Patrick and his team are excellent—but they have been drafted with the support of the PRCA, the APPC, the CIPR and the ALT. What does she know that everyone in the industry, on both sides of the argument, does not know?
I made it clear at the outset that the Government are seeking to address a slightly different and very well-defined problem. I do not have the years of experience of working as a lobbyist that the hon. Gentleman appears to be advocating I should have, but it is clear to me that a robust definition of “lobbying” is essential to the integrity of any register. The amendments tabled by Opposition Front Benchers suggest that they have struggled and ultimately failed to meet the prerequisite for successful lobbying regulation even on their own terms.
Will the Minister clarify who is included and who is excluded? Can she confirm that in the case of News Corp trying to lobby on the full ownership of BSkyB, none of the senior executives from the company would be included in the register, none of the public affairs people employed full time by the company would be included, the legal company that it used to do much of its lobbying would not be included, and nor, for that matter, would the public affairs company be included, because most of the work that it does is general communications? According to this Bill, nobody would have been included in the register in that instance, which many thought was profoundly corrupt.
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.
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.
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.
No. I have given way to the hon. Gentleman once already and I must conclude, because there is plenty of work before the Committee tonight.
I have reservations about new clause 5, although I respect the serious work that Members have done with lobbying representatives. I urge my hon. Friend the Member for St Albans not to press new clause 5.
Amendment 161, tabled by the hon. Member for Foyle (Mark Durkan), would make all lobbying businesses, not just those that lobby on behalf of third parties, liable for registration. As I have said, it is difficult to appreciate what value a register of in-house lobbyists would provide. I urge the hon. Gentleman not to press his amendment.
Let me turn to the Government amendments in this group. It is clear that they have been spectacularly misunderstood by Labour Front Benchers. [Laughter.] The hon. Member for Newcastle upon Tyne Central (Chi Onwurah), who laughs loudest, claims to care for small businesses but appears not to have read the papers in preparation for this debate.
Amendments 76, 77, 81 to 85, 92 and 96 to 98 are designed to exclude the smallest organisations from the requirement to register as consultant lobbyists. They do so by amending the definition of consultant lobbying such that it includes only those who are registered under the Value Added Tax Act 1994, which I am sure the hon. Member for Hemsworth (Jon Trickett) has read in great detail.
The Government are committed to ensuring that small businesses are not subject to disproportionate burdens. An exclusion for those small businesses that are not VAT registered from the requirement to register as consultant lobbyists will ensure that whatever burden may be associated with registration will not be placed on them. The VAT registration represents a clear threshold.
It would be a great pleasure to explain VAT registration, but not at this point in time. Is the hon. Lady saying that all companies that pay VAT registration are large companies, or is she acknowledging that many small businesses are registered for VAT?
I am suggesting a clear, simple and recognised threshold to provide a guide for where to put a de minimis provision.
Amendment 77 will alter clause 2 to include the registration of a person under the VAT Act as a further requirement to be satisfied in the definition of carrying on the business of consultant lobbying. That will exclude those who are not VAT registered from the requirement to register as a consultant lobbyist.
Amendment 82 will remove the provision in clause 22 exempting those who are not VAT registered from the requirement to pay the subscription charge relating to entry on the register.
Amendment 83 will provide that regulations could be made allowing HMRC to share its records relating to registration under the VAT Act with a registrar. Clearly, that is an important resource to assist the registrar. Associated amendments make the necessary refinements to the references to employees throughout this part of the Bill. The exclusion of those who are not VAT registered from the requirement to register means that a number of references to employees should be adjusted to recognise that employees can never be VAT registered for their employer, a fact that I fear the hon. Member for Hemsworth knew nothing about.
Another group of Government amendments relates to the definition of incidental lobbying.
Order. I am sorry to interrupt the Minister, but there is a considerable amount of noise coming mainly from behind the Chair, mostly from people who have not paid any attention whatsoever to the debate. The Committee wishes to hear not only the Minister, but the Opposition Front-Bench spokesman in her reply, which has yet to follow.
Thank you, Sir Roger. I will be as quick as I can in making a few points about Government amendments.
It has always been the Government’s intention that those who communicate with Government in a manner incidental to their normal professional activity should not be required to register as consultant lobbyists. These are not the people or organisations that this register is intended to capture. Let me be clear that it is our intention that multidisciplinary firms that run consultant lobbying operations and that lobby in a manner that is not merely incidental to their other activities should be captured. These are the exact professional consultant lobbyists that this register is intended to capture.
We have listened to those who suggested that the exemption in paragraph 3 of schedule 1 was too broad and should be refined, including the Chairman of the Political and Constitutional Reform Committee. Our amendments 91, 93, 94 and 95 will refine that paragraph by substituting the insubstantial proportion test with one that focuses on incidental lobbying. Specifically, paragraph 3 will provide that a person does not carry on the business of consultant lobbying if they are part of a non-lobbying organisation or if the lobbying communication they make is incidental to their normal non-lobbying activity.
In conclusion, we are proposing not a fully blown regulator for the industry, but a solution to an identified problem. I am sure that Members throughout the Committee will have read the US federal lobbying regulation manual, “The Lobbying Manual”, which runs to 894 pages. That is what we wish to avoid. I therefore oppose various amendments but support those tabled by my right hon. Friend the Leader of the House. I look forward to hearing what the Opposition think they can do better now than they did for the past 13 years.
It is testimony to the ineptitude of the Government that, after months of delay, they have introduced a lobbying Bill that covers just 1% of lobbyists and still manages to be full of loopholes.
We have heard a lot today about the importance of lobbying in our democracy. We have heard that it is nothing to be ashamed of and that transparency is a good thing that is welcomed by the industry. There is a consensus on both sides of the Committee about that, or so I had thought until I read the Bill and the Government amendments. I was entirely baffled by many of the paragraphs and sub-paragraphs in the clause and the accompanying schedule. It is plain that the Government were no clearer, because they tabled their own set of amendments. However, those amendments —[Interruption.] I have read the amendments, despite what the Minister says from a sedentary position, and rather than clearing up the confusion that the Government have created, they create more confusion. In this Bill, it is difficult to distinguish between what is the result of poor drafting and what is the result of poor judgment.
Ministers appear to have created a loophole whereby the vast majority of the lobbying industry can avoid having to register at all. Even the current voluntary registers capture more of the industry than the proposals would. The Deputy Leader of the House estimated in this debate that 350 companies would be caught by the Bill. George Kidd, the acting chair of the UK Public Affairs Council, has estimated that 100 would be caught. At least 15,000 companies operate as lobbyists, so it is clear that the Bill captures a minute proportion of them.
I find the Minister’s assertions that the Bill will not have an impact on the voluntary registers hard to believe. The Government talk about the great impact of regulation and law-making, but they seem to be saying that this Bill, which defines lobbying—it defines it badly, but it defines it nevertheless—will have no impact whatever on the existing lobbying registers. They have very little respect for the impact that the Bill will have, intended or otherwise.
I urge the Government to listen to their own Back Benchers, who have said that the Bill does not reflect an understanding of what lobbying is. The Bill has also been described as a net that is badly drawn and an albatross. I agree with the Financial Times, which said today, less figuratively but equally accurately, that the Bill is “not good lawmaking”. The whole industry agrees with that, rejects the Government proposals and supports the intent of the Opposition amendments. That is why we will press amendments 2 and 9 to the vote.
Question put, That the amendment be made.
I do not feel competent to give an accurate and helpful answer to the hon. Lady’s point. She and those with a different view should participate in pre-legislative scrutiny and put their arguments and reasons to the Government, who then make a choice—they will execute, they will decide. At the moment, there is execution and decision without participation and consultation; it is blindfolded government not using Parliament as the effective partner it should be.
Alexandra Runswick, the director of Unlock Democracy, made points about the depth of the information required. Again, we go for black or white—either people want everything or do not want anything, but the truth is that we should have reasonable amounts of information that everyone feels is appropriate. Having discussed the issue with all parts of the lobbying industry and those interested in it, we got to a position of consensus. For example, Unlock Democracy said:
“We are not expecting a transcript of the meeting, but what policy area it is that is being lobbied on. There are already individual MPs who publish their diaries and say, for example, ‘I met Unlock Democracy about the Lobbying Bill.’ That is the level of information that we are looking at—the policy that is being lobbied about, not the exact information that was shared with the person whom you are lobbying.”
That led my Select Committee to table amendment 56, which we felt was appropriate, proportionate and helpful to the Government. Yet we are discussing it at the fag end of the sitting and many other issues will not even get an airing.
We suggested that the information that the register requires to be listed should be expanded to include the subject matter and purpose of lobbying when that is not already clear from a company’s name. To be clear, that should not involve the disclosure of detailed information about the content of the meeting, just a broad outline of the subject matter and intended outcome. For example, “Subject matter—lobbying; purpose—change the Transparency of Lobbying Bill.”
We also suggested in our report that there should be a financial threshold above which companies are required to provide information about the subject matter and purpose of lobbying. That is why we framed, as a Select Committee, an amendment that we felt was reasonable and helpful to the House and the Government.
I will conclude my remarks, as others wish to contribute. At the end of the day, we are trying to improve the Bill. It is a sad fact that if the House of Commons is not treated properly and if the process is cavalier and one in which Parliament’s view is neglected or not even regarded with respect, we sell the pass. When the public want an effectively lobbying Bill, we say, “We’re not even capable of discussing most of the groups of amendments on the agenda tonight.” As a House of Commons, we pass our responsibility over to the other place. That is not satisfactory to anyone in the House of any political description who feels that their role is to hold the Government to account and scrutinise legislation. If we do not do the job, the second Chamber will fill the vacuum. Any self-respecting Member of Parliament will feel that that is not a place where we should be.
I want to respond to a couple of the amendments before we wind up. Amendments 3 and 4 would alter clause 1 and provide that lobbying was prohibited unless a lobbyist had both registered and signed up to the register’s code of conduct. Amendment 42 would establish a civil sanction in relation to breaches of the code of conduct. New clause 1 provides that the registrar must produce a code. However, there is little detail about what provision such a code would make other than that it would forbid inappropriate financial relations between registered persons and parliamentarians. The amendments reveal that, as we perhaps knew already, the Opposition intend not only a register of lobbyists but a full-blown regulator of the industry.
The hon. Lady says that the amendment makes no provision for a description of what might be in the code of conduct. I gently say that that seems a bit presumptuous. The point is that there needs to be wide discussion with the industry and those who watch its activities about what should be in a code of conduct. Why will she not allow provision for a code of conduct and then ensure that there is proper discussion across the industry on what might be in it?
It is interesting that the Opposition have spent a good four hours telling us to do what the industry wants and are now advocating something that the industry does not want, which is a fully statutory code of conduct. I will make further arguments as to why there is a problem with putting all this on to the statute book.
I have already dealt with what the Government are trying to do through the Bill, which is to shine the light of transparency on a specific element of the industry. In doing so, we recognise the industry’s efforts to improve lobbying practice by introducing its own codes of conduct, and we are confident that that would continue; we have no reason to believe that it would not. It is right that those codes then promote the ethical behaviour that we need for the integrity—
It might be helpful if the hon. Gentleman allowed me to make a few points in response to his intervention.
While such codes contain laudable principles and good practice guidance, their translation into statute is not feasible or practical. The experience of regulators in other jurisdictions clearly shows that statutory codes of conduct for lobbying can be unworkable and unenforceable. That is what I seek to guard against in opposing the amendment. The question then hangs in the air of what provisions the Opposition would expect to see in a code of conduct. They have provided very little indication other than that it will, rather intriguingly, forbid any inappropriate financial relations between registered persons and parliamentarians. Can the Opposition give us an example of what an inappropriate relationship might entail? Can the hon. Gentleman explain whether it would not already be prohibited by Parliament’s own code of conduct or laws on bribery and corruption? He is silent, which is rather worrying. This is another example of the rather lazy and imprecise draftsmanship that we have seen from the Opposition today, and that is not good enough. He does not provide any notion about how the code’s provisions might be enforced and what resources the registrar would be required to use to monitor it. The Opposition are setting the registrar an impossible task in expecting them to do that kind of thing. I urge him to withdraw the amendment.
The Opposition’s amendment 31 would alter paragraph 3 of schedule 2 to provide that the registrar’s appointment must be approved by the Political and Constitutional Reform Committee. I think I heard its Chairman say that this was a new job that he had not necessarily asked for.
I intervened to give the hon. Lady an opportunity to correct the record. It is not true that the whole lobbying industry does not support a code of conduct, although it is certainly true that a number of people want a hybrid version. However, many within the industry do support a code of conduct. She is yet to explain why a code of conduct is not necessary.
I have just gone to the lengths of providing the hon. Gentleman with an argument, with international examples, as to why making something statutory from a voluntary position can often be unfeasible. That argument stands. In fact, my reference to the industry relates particularly to the APPC.
The Opposition’s amendment 43 would amend the reference to the setting of the subscription charge from requiring the Minister to “seek to” recover the full costs to requiring them to recover the full cost. That seems unnecessary. I can assure the whole Committee that we are well aware of the importance of ensuring that the register is fully funded by the industry in order to protect the taxpayer. As I said earlier, the Canadian register costs £3 million to run. The Opposition have not fully considered how they would ensure that such costs would be recovered from, no doubt, the charities, playgroup volunteers and vicars whom they intend to register.
Amendments 136 and 138, tabled by the hon. Member for Nottingham North (Mr Allen), demonstrate his desire to secure the independence of the registrar. I share that desire and hope that I have reassured him. I was glad to hear the hon. Member for North Down (Lady Hermon) refer to this point as well. It is important that the registrar will be independent of both the lobbying industry and the Government and will have a clear remit to operate independently. Ministers will be able to dismiss the registrar only if they are satisfied that he or she is unable, unwilling or unfit to perform the functions of the office. I urge hon. Members not to press amendments 136 and 138.
I have listened carefully and intently to the Minister. Where in the Bill is the independence of the registrar guaranteed? What justification can the Minister have for not putting it in black and white on the face of the Bill? I ask her, please, not to give reassurances that will be reported in Hansard. It should be put in the Bill so that people outside have a guarantee of independence.
I appreciate the hon. Lady’s arguments in support of amendment 136. I regard the Bill and the explanations we have given as sufficient, but I am willing to continue to review the issue.
Amendments 34, 36, 37 and 152 would require lobbyists to disclose financial information. Amendment 56 would also alter the information requirements in clause 4 to require the disclosure of the purpose and subject of any lobbing. We have been very clear that the objective of the register is the identification of the interests that are being represented by consultant lobbying firms. Lobbyists should therefore be required to disclose their clients. We are not persuaded that the burden that would be imposed, on both the industry and the regulator, of requiring further information is justified by the fairly limited insight it will provide. It is not a proportionate approach to the problem identified. I urge hon. Members not to press the amendments.
The Opposition’s amendment 40 would alter clause 10 on self-incrimination and limit the information that persons are required to provide in response to an information notice. This unclear and oddly drafted amendment tops off the evening. Its unwelcome effect would be that, in response to an information notice, a person would not be required to provide any self-incriminating information including any offence committed in relation to the register. It would therefore entirely undermine the enforcement regime relating to the register. The registrar could still seek to investigate registration breaches using information notices, but the result would be that, where there had been such a breach, the lobbyist would be entitled to refuse to provide any information and only lobbyists that had not breached it would be required to provide information. I urge the hon. Member for Hemsworth (Jon Trickett) not to press that crowning glory of an amendment.
The purpose of new clauses 2 and 7 is unclear. They appear to require that, if a registered professional lobbyist is appointed to a role in Government or to work for a Government party, their appointment should be scrutinised by a Committee and restrictions placed on their activities. I ask the Opposition: who should such a Committee consist of and what would be their remit? What restrictions would be placed on the activity of such an appointee? The proposed new clauses clearly do not provide the answers. The Opposition are weak and muddled, and I urge them not to press the new clauses.
Business is proceeding in such a fashion that we may not even get to the very important questions of parliamentary privilege addressed by amendment 164, tabled by my hon. Friend the Member for Harwich and North Essex (Mr Jenkin). The fact is that this is about this House of Commons. It is incredible that we should not be able to discuss the way in which this Bill interacts with the privilege question.
I am exceedingly grateful to my hon. Friend for that intervention, because it gives me the opportunity to look down the selection list. I am grateful to the Chair of the Political and Constitutional Reform Committee, who has worked with parliamentary counsel to produce amendment 151. The Government would like to support that amendment tonight because we believe that that important area of the Bill needs further clarification. Under the amendment, the existing MP exemption—
Order. I think it only right to say that amendment 151 will not be moved because it will not be called unless the Government choose to move it.
I am very grateful to the hon. Gentleman.
With that, I will finish speaking so that it is possible for another Back Bencher to speak.
As the Minister is in such a generous mood, would she like to look at my amendment 45?
While we are discussing the topic of further amendments to support, I ought to add that the Opposition made no objection to the programme motion in July.
In concluding, I will turn briefly to amendment 137, which would require that details be provided about any communications between consultant lobbyists and Ministers or permanent secretaries, even if they were not in return for payment, not on behalf of a third party and did not concern Government policy or functions. That would mean that if a consultant lobbyist bumped into a Minister on the tube and spoke about the weather, not Government issues, that meeting would need to be recorded. Indeed, if a consultant lobbyist happened to be married to a permanent secretary, it would be necessary for the details of their communications to be disclosed on a quarterly basis, even if they never took work home, as it were.
I can see that hon. Members are attempting to ensure that inappropriate conversations about ministerial responsibilities do not take place in private, but this is another example of good intentions leading to unintended consequences through unclear drafting. The answer has to be a declaration by Ministers of any meetings that touch upon their ministerial responsibilities, the framework for which we have provided in government. That will form a central part of the transparency regime that we are introducing in part 1 of the Bill. I urge the hon. Member for Nottingham North not to press amendment 137.
(10 years, 11 months ago)
Commons Chamber12. What steps he is taking to open up central Government Departments to partnerships with small and medium-sized enterprises.
It is this Government’s policy to dismantle the barriers facing small and medium-sized companies to ensure that they can compete for contracts on a level playing field and grow. I refer the House to the letter I sent last month to all hon. Members, in which I set out some of the progress we have made and the further steps we will be taking to ensure that Departments continue to increase their spend with small companies.
I am grateful for the Minister’s answer and I welcome her reforms to Government procurement processes, which are a marked improvement on the previous Government’s efforts. However, will she share her Department’s best practice with local government, which is still issuing cumbersome and complicated tenders that are excluding so many SMEs from competing for business because of the amount of time that they have to put into them?
I welcome that support from my hon. Friend, who is extremely active on these matters in trying to secure more jobs, particularly in his constituency. He rightly says that we have a clear job, which we will do: to transfer the successful procurement reforms that we have made in central Government to the wider public sector. We are accepting the recommendations made in Lord Young’s “Growing Your Business” report, which deals with the complexity, cost and inconsistency that can face small businesses in the wider public sector.
The Minister will doubtless be aware of the success of Redfern Travel, from my constituency, which saw off French competition to win a billion-pound contract. How will the Government’s reforms help other British businesses to achieve similar David and Goliath-type victories over multinational corporations?
I also welcome my hon. Friend’s commitment in his constituency to SMEs. I note that support has come from, for example, the Federation of Small Businesses, which says that Government policy continues to move in the right direction in this area. The forthcoming consultation, to which I referred, will make that public sector procurement market more accessible to SMEs, by requiring all contracts over £10,000 to be listed in one place—on Contracts Finder, for example. I also draw his attention to an SME friendliness tool that we published in June. I urge all colleagues to use that to hold contractors in their constituencies to account.
What is the Minister doing to promote the use of the Public Services (Social Value) Act 2012 to help small businesses and social enterprises to win public sector contracts?
I am glad that the hon. Lady has raised that point and she will know that we have asked my hon. Friend the Member for Warwick and Leamington (Chris White) to act as an ambassador on this matter; it is very important. The message that we need to get through to contractors, who are of course the ones making such arrangements, is that they must have regard to the taxpayer and value for money at all times, but that other such issues might also be used to benefit those for whom they are contracting.
Is the Minister not aware that the truth is that the Government are becoming more and more dependent on big companies—private sector companies such as G4S, Serco and Capita? Is she aware that a recent Fujitsu-sponsored poll of small and medium-sized enterprises showed that 26% find it more difficult to get contracts with the Government and that 6% think that it is easier?
I welcome the hon. Gentleman’s focus on this matter. He will welcome our review on some of the companies he has named, but it is most important to say that the Government are on track to deliver our aspiration of awarding 25% of central Government business to SMEs by 2015. We look for that directly and through the supply chain, and that is what helps us to procure for growth in this country.
In a recent speech at an event called “Transforming Technology Procurement through SMEs”, the Minister for the Cabinet Office said with typical understatement that the Government were
“entering a new world for government technology procurement”
and launching
“radical reforms to increase opportunities for SME suppliers”.
Why, then, according to freedom of information requests submitted by ComputerWeekly, has only 0.52% of all the IT procurement spend for the Government’s beleaguered universal credit programme gone to SMEs?
It continues to be pretty rich for the hon. Gentleman to come to this Dispatch Box when he and his Government did absolutely nothing to count the spend with SMEs when they were in government.
5. What assessment he has made of the work of the National Citizen Service.
10. What recent assessment he has made of implementation of the Government’s procurement reforms.
As a result of the Government’s procurement reforms, we have made the way we do business more competitive, more transparent, better value and far simpler than ever before.
The hon. Gentleman will find that the contracts he might be alluding to were all let by the previous Government, and I have already informed the House of the progress we are making in shifting Government business to SMEs.
The Public Administration Committee’s report on procurement stated that the Cabinet Office should work with all Departments, and especially the Department for Business, Innovation and Skills, to ensure that UK business is prepared to deliver UK contracts. What progress is being made on that?
The most important thing to remind the House about in that regard is how the pipelines we have published show British firms, and indeed firms around the world that have a good piece of value to offer the British taxpayer, where they can find contracts.
Britain has a massive trade deficit with the European Union, and it could be reduced if British companies were employed to provide for the Government. How much are the Government doing to ensure that public organisations purchase from British companies, rather than those from the continent of Europe?
I understand the point that the hon. Gentleman is seeking to make. What we seek is best value for the British taxpayer and to use the British Government’s procurement spend to allow for growth as far as possible in this country. We are of course bound by certain EU procurement rules, with which I am sure he is very familiar. [Interruption.]
Order. There are a lot of very noisy conversations taking place, including on the Opposition Benches, but I am sure that Members will wish to be quiet to hear Stella Creasy.
While there are now rumours of significant concessions, Ministers still need to explain why charities were not consulted before the lobbying Bill was published. Why could not even the junior Minister be bothered to pick up the phone to the Royal British Legion, cancer charities or the National Council for Voluntary Organisations before producing a Bill that will have such a chilling impact on the work of charities?
The hon. Gentleman knows very well that we spent a significant amount of time on this in the House yesterday and that there is more opportunity to discuss it next week. He will also know that my right hon. Friend the Leader of the House and I met charity leaders on Monday and will continue to do so. [Interruption.]
Order. There is still far too much noise in the Chamber. I understand the general excitement, which I am sure is in anticipation of the question from Mr Henry Smith.
T2. The Minister’s response to my hon. Friend the Member for Harrow West (Mr Thomas) was to say that she had met charities on Monday. What was she doing all summer while the ramifications of this dog’s breakfast of a lobbying Bill became clear?
We were doing more over the summer to introduce a statutory register of lobbyists than Labour ever did.
Does the Minister share my concern that too many charities spend too much money on lobbying and on inflation-busting pay rises and bonuses for the boardroom, and that they ought to be concentrating more on the front line of helping people in need?
T4. Leading human rights lawyer Helen Mountfield QC said this week that the transparency of lobbying Bill will put“small organisations and their trustees/directors in fear of criminal penalty if they speak out on matters of public interest and concern.”Will the Minister finally wake up and do something about this appalling Bill?
That leading QC’s advice in fact bears out that those concerns exist under the current legislation. Furthermore, we see a great show of displacement activity among Labour Members because they are afraid of some of their friends coming under scrutiny.
T5. Is it not the case that the transparency of lobbying Bill would not stop lobbyist Lynton Crosby advising the Prime Minister on tobacco policy, but could stop an organisation such as Cancer Research UK campaigning about it? Is that acceptable?
We explained at length yesterday that the Bill would not affect or change the law concerning the political activity of charitable organisations in the sense of when they support, promote or procure electoral outcomes. I am sure that my right hon. Friend the Prime Minister has answered the first part of the hon. Gentleman’s question too many times to count.
T6. But the Government’s lobbying proposals would apply only to third-party consultant lobbyists, who make up a small minority of the industry. The Association of Professional Political Consultants estimates that this means that only 1% of ministerial meetings organised by lobbyists will be captured by the legislation. Does the Minister agree with Iain Anderson of the APPC that this Bill is so bad that it“would be difficult to produce a worse Bill”?
If that was an attempt at lobbying it was rather too long-winded. The point is that we are doing more to introduce a statutory register than Labour ever did, and we are clearing up a specific transparency gap that arises, because we are the most transparent Government ever and I think the hon. Gentleman knows it.
(11 years, 1 month ago)
Written StatementsToday the Government are introducing the Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Bill to the House of Commons, with explanatory notes and impact assessments.
This is the first Government to proactively publish meetings that Ministers and permanent secretaries have with external organisations. The Bill will extend this transparency to give the public more confidence in the way third parties interact with the political system, ensuring that these activities are accountable and properly regulated. These parties play an important role in the political process, helping to inform policy making and ensuring views are heard by those in Government.
This Bill will ensure that we know who lobbyists lobby for; how much money is spent on third-party political campaigning; and to make sure trade unions know who their members are.
Part 1 of the Bill introduces a statutory register of lobbyists which will address the problem that it is not always clear whose interests are being represented by consultant lobbyists. It will enhance transparency by requiring consultant lobbyists to disclose details about their clients on a publicly available register and will complement the existing Government transparency regime whereby Government Ministers and senior officials proactively disclose information about who they meet.
The Government will today respond to the Political and Constitutional Reform Committee’s report “Introducing a Statutory Register of Lobbyists”. We are grateful to the Committee for its detailed consideration and scrutiny of the Government’s initial proposals for a register.
Part 2 of the Bill sets out new rules on third parties campaigning in elections, ensuring that spending by third parties is controlled and fully transparent. In particular, it will expand the scope of controlled campaign expenditure. It will also reduce national spending limits for third parties, ensure that, above a certain limit, political parties explicitly authorise third-party spending which supports that political party, and introduce geographical limits on the amount that third parties can spend in individual constituencies.
Part 3 of the Bill will give assurance of trade unions’ compliance with the existing obligation to maintain the register of members by requiring trade unions to produce an annual membership audit certificate. It also gives the certification officer new powers in relation to investigation and enforcement.
A copy of the Bill and explanatory notes can be found on the website:
http://services.parliament.uk/bills/.
(11 years, 1 month ago)
Written StatementsThe coalition programme for Government included a clear commitment to establish a power of recall, allowing voters to force a by-election where an MP is found to have engaged in serious wrongdoing and 10% of his or her constituents have signed a petition calling for a by-election.
We set out our proposals and draft legislation in a White Paper which has been scrutinised by the Political and Constitutional Reform Committee and we have today issued our full response to their report.
In our response, we have reiterated our intention to proceed with the introduction of a recall mechanism and to legislate as soon as parliamentary time allows.
We believe this recall mechanism will go some way to restoring trust and accountability to the political process. It will provide an important tool for the House to add to its own suite of disciplinary measures and will give a reassurance to constituents who should not have to rely on their MP choosing to stand down following the committal of a serious wrongdoing.
The recall mechanism we are proposing will have two triggers. Firstly, where a Member receives a custodial sentence of 12 months or less, a recall petition will be automatically opened in that Member’s constituency (under the Representation of the People Act 1981, where a Member receives a custodial sentence of more than 12 months, they are automatically disqualified from membership of the House). If 10% of constituents sign the petition, the MP’s seat will be vacated and a by-election called. The former MP may stand as a candidate.
Secondly a recall petition will be opened where the House of Commons resolves that one of its members should face recall. This will ensure that a Member could also face recall where they have committed serious wrongdoing which did not result in a custodial sentence, for example, a serious breach of the House of Commons Code of Conduct. This will be a new disciplinary power for the House to help ensure that it is able to deal with disciplinary issues effectively. Constituents would again then have the opportunity to decide if a by-election should be held.
We welcome the Committee’s thorough consideration of the proposals and have accepted many of their recommendations, particularly on the conduct of the recall petition. The process of pre-legislative scrutiny has been valuable and will result in an improved Bill being presented to Parliament in due course.
(11 years, 1 month ago)
Commons Chamber2. What assessment he has made of the role of campaigning by bodies other than political parties in elections.
At the 2010 general election, the Electoral Commission registered 30 so-called third parties, which between them spent nearly £3 million. The Government are introducing sensible and necessary improvements to the controls on third parties to ensure that they are fully transparent and not allowed to distort the political process.
Given the scandal involving Unite the Union in Falkirk, and the leaked internal document showing that it is now trying to influence selections in 40 other constituencies across the country, including Pendle, does the Minister agree that there is huge public demand for complete transparency on the influence of trade unions on our political system?
It is high time this is looked at. I think that the examples my hon. Friend has just given demonstrate that these are by no means isolated cases. It is the same old Labour party, which Len McCluskey still bankrolls, still rigs selections for, still controls and still chooses the leader for.
The Minister talks about transparency in the political system. She will be aware of the huge concern in March last year when it was first disclosed that multi-millionaires were getting privileged access to No. 10 Downing street and potentially influencing Government policy. It is about more than just elections; it is about influencing Government policy. Does she think that those millionaires will have more of an impact or less of an impact at the next general election?
I think that the right hon. Gentleman is just treading time until his leader gets up to speak. Perhaps the leader is as weak as he is.
3. What consideration he has given to changing the regulations concerning voting by UK citizens living overseas.
UK citizens resident overseas can register to vote in UK and European parliamentary elections provided that they have been registered in the UK in the past 15 years. We are extending the electoral timetable for UK parliamentary elections, which will make it easier for people overseas to use their postal votes, and the Government are also removing the requirement for an initial application as an overseas elector to be attested by another British citizen abroad.
I am grateful for that answer. As we know, many UK citizens living overseas are eligible to vote but are not registered. What steps can we take to ensure that British people living overseas are enfranchised?
The Government will certainly explore all possible ways, in discussion with the Electoral Commission and other interested parties, to encourage registration among overseas electors, as we do, of course, for any eligible elector who seeks to be registered. As I say, the measures that we are taking in the context of moving towards individual electoral registration will help. I urge the hon. Lady and all those here in the House to take this issue very seriously, because very many more overseas electors ought to be registered.
Does the Minister agree that, given the importance she puts on this, the immediate priority must be the 6 million people in this country who are already eligible to vote but are missing from the register? What is she going to do about that?
I have an entire programme of activities on individual electoral registration, about which I have always been happy to brief the House; in fact, I will do so again shortly by invitation to all right hon. and hon. Members. When it comes to deciding which voters are more important than others, all voters are equally important.
Is consideration being given to the possibility that residents of the Falkland Islands will be given the right to vote in British elections in the same way as the French give people living on the island of Réunion the right to vote in French elections?
There are various categories of eligibility depending on the status of the country in question—for example, the rules that relate to Commonwealth voters who are resident in this country. I would be happy to take a further look into that question in the light of any changes that my right hon. Friend might be referring to.
Does the Minister have any concern that a number of local authorities are cutting the money that is dedicated to electoral registration? If so, what is she going to do about it?
The hon. Gentleman will have been eagle-eyed and read my written ministerial statement last week announcing £4.2 million to deal with exactly that.
4. What assessment he has made of the work of the Commission on Devolution in Wales.
The Government, politicians, political parties, electoral administrators and others in society have a role to play in encouraging people, including young people, to register to vote. As I have mentioned, the Government are making available up to £4.2 million this year to maximise the rate of voter registration ahead of the transition to individual electoral registration in 2014. That will be targeted at groups of people who are under-represented on the electoral register, including young people.
Does the Minister not accept that under individual registration there will be the serious problem that a lot of young people who lead slightly dysfunctional lives because they are away at college or working away, or for all kinds of other reasons, will not be at an address when a registration form arrives, will not be able to register, and consequently will not be able to vote? Will this system not end up disfranchising a large number of young people who ought to be enfranchised in our system?
As the youngest Minister in Her Majesty’s Government, I could not agree more on the importance of enfranchising young people. However, I disagree entirely that IER will lead to what the hon. Gentleman describes. There are multiple points at which electoral registration officers will make contact; it is not a case of just one officer turning up. I stand strongly by the principle that it is right in a modern society for people to have an individual right, and indeed a responsibility, to register.
Given that voter registration is straightforward and free of charge, why do the Government not require all public sector organisations, whenever they come into contact with anybody—young, middle-aged or old—to ask whether they are on their local register, and if they are not, to tell them how to register?
My hon. Friend makes a helpful point. Many opportunities to achieve the ends that he sets out are afforded by having more public services online. We are introducing digital registration in 2014, which will be very helpful in achieving that shared aim.
T1. If he will make a statement on his departmental responsibilities.
(11 years, 1 month ago)
Written StatementsI am pleased to announce that the Government are making available up to £4.2 million this year to maximise the rate of voter registration ahead of the transition to individual electoral registration in 2014. Organisations, neighbourhoods and communities have been asked to come up with ideas to get people involved in the democratic process locally and nationally, with the best ideas being awarded funding from the new innovation fund. I welcome Parliament’s scrutiny and encouragement of such ideas, and urge parliamentarians to consider what could be done in their areas and constituencies.
Funding is also being made available to local authorities who have solid and creative ideas to get as many people on to the electoral register as possible in their area.
The introduction of individual electoral registration (IER) in 2014 will modernise our electoral registration system, removing the notion of the head of the household being responsible for the registration of others. IER will also introduce online registration making it more convenient for people to register to vote while also delivering a register that is more secure and engenders greater trust in politics.
A major benefit of IER is that electors will be individually contacted and encouraged to register. This will enable local authorities to aim to get the maximum number of people on the register, including hard to reach and under-registered groups.
Currently some people, such as those in shared housing and frequent home movers are some of the most under-represented on the register.
The funding will be used to support a range of initiatives to be carried out by local authorities and other organisations, such as the voluntary, charity and social enterprise sector, which will work together with the aim of increasing levels of voter registration among under-registered groups. These include:
The Targeted Canvassing Fund—A fund which will enable electoral registration officers (EROs) to carry out intensified canvassing activity in areas with a high proportion of under-registration.
The ERO Registration Fund—A fund which will support proposals for activities from electoral registration officers who will use their knowledge of the needs of their local populations to customise their measures.
Innovation Fund—We will be looking to fund innovative bottom-up approaches to increase representation of under-registered groups (URGs) on the electoral register. We are particularly interested in new innovative approaches to engage communities and increase voter registration.
Schools Outreach—We will be looking for organisations to deliver a set lesson framework, Rock Enrol, which has been developed and piloted with Bite the Ballot, to a number of schools across England and Wales. This is also available to organisations in Scotland, although we will be looking to ensure that proposals take account of planned activity in schools ahead of the independence referendum.
(11 years, 2 months ago)
Ministerial Corrections13. To ask the Minister for the Cabinet Office what recent steps he has taken to give small- and medium-sized enterprises greater access to Government contracts.
[Official Report, 19 June 2013, Vol. 564, c. 737-8W.]
Letter of correction from Chloe Smith:
An error has been identified in the written answer given to the hon. Member for Stafford (Jeremy Lefroy) on 19 June 2013.
The full answer given was as follows:
It is this Government's policy to increase the Government's direct spend with SMEs to 25% and spend with SMEs across Government has steadily increased since 2010 as a result of the steps we have taken. We have required all Departments to put in place plans to ensure that their spend with small companies continues to increase.
The correct answer should have been:
It is this Government's policy to increase the Government's spend with SMEs to 25% directly and in the supply chain and spend with SMEs across Government has steadily increased since 2010 as a result of the steps we have taken. We have required all Departments to put in place plans to ensure that their spend with small companies continues to increase.
(11 years, 2 months ago)
Commons Chamber3. What steps he is taking to ensure that charities are able to bid for public sector contracts.
It is Government policy to dismantle the barriers facing small companies, charities and voluntary organisations to ensure they can compete for contracts on a level playing field. We have taken a number of significant steps specifically to support charities and social enterprises to bid for and win public sector contracts, such as the implementation of the Public Services (Social Value) Act 2012, a community right to challenge, and reforms of procurement processes that make them more open and fair to charities.
The Foundation for Social Improvement today reports:
“Looking to the future of the commissioning process, it is clear that the current situation is not sustainable. Only around one quarter of respondents indicated that they felt they could carry on bidding for—and carrying out—local authority contracts over the next 5 years.”
Is it true that the Government’s plan to break open public services is merely benefiting a handful of large companies that use charities as “bid candy”, as my hon. Friend the Member for Ayr, Carrick and Cumnock (Sandra Osborne) said, and as the report concludes?
As the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Ruislip, Northwood and Pinner (Mr Hurd) made clear in an earlier answer, many charitable organisations are already taking part and there are opportunities for more. What I take from the hon. Gentleman’s question is his willingness to work with me and others who care about making procurement better throughout the whole public sector, and encouraging local authorities to do their bit alongside the reforms we have achieved in central Government.
I applaud the Government’s steps to encourage charities to win public sector contracts, but does my hon. Friend believe there is a threshold to the proportion of income that charities receive from the public sector, above which they stop becoming charities because they are merely agencies of the state?
My hon. Friend makes an interesting point, and it may be just as much the responsibility of trustees of an organisation to look at such issues within that organisation. The Government welcome the diversity of the sector and the opening up of Government procurement to those who can do the job well for value for money.
The Justice Secretary is a man who appears to be in something of a hurry. The Minister may be aware of growing concern among small voluntary organisations that provide services to ex-offenders that under the Justice Secretary’s plans their work will be undermined as large contracts are given to a small number of private providers. What reassurance can be given to those important small charities?
The right hon. Gentleman may wish to direct that question to the Justice Secretary himself, but the Parliamentary Secretary has had many discussions with Members across Government about opportunities for the voluntary sector, and we are passionate about getting that right.
In strongly applauding my hon. Friend’s work in this area, may I suggest that it needs to go beyond the procurement process itself? The other danger is public sector bodies—both locally and centrally—taking on employees to do work that could be done more effectively by voluntary sector organisations.
My hon. Friend makes a good point about the value for money that the state would seek to achieve at all levels. Alongside that, our reforms include measures to build the capability of the third sector, which I am sure we would all want to see strongly succeed.
Is it clear that not only have the Government failed to deliver more public sector contracts to charities, but after three years in office the big society project has now become a shrivelled society, except in one area—charitable activity and supporting people whom the hon. Lady’s Government have driven into poverty? More than 13 million people are now in poverty, two thirds of whom are in work.
I thought the hon. Gentleman would welcome the notion that more charities are getting involved and more people are volunteering. Surely that is a good thing.
It is a sad thing. In the past year, the number of people dependent on food banks tripled to almost 350,000, of whom—listen to this figure—126,889 are children. There is no doubt that the Minister is a decent human being, but did she really come into politics to increase the scale of the third sector on the back of a disgraceful rise in the number of children in poverty? Is she ashamed of that record?
What I am ashamed of is the hon. Gentleman’s attempt to turn an important issue into a political football. Like many others in the House, I have stood alongside excellent volunteers at food banks in my constituency. I applaud their efforts, their goodheartedness and their contribution, but I do not applaud his blindness to the notion that the use of food banks in fact soared under the previous Labour Government.
(11 years, 2 months ago)
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My hon. Friend makes a good point, and I will come to something along those lines in a moment.
As I was saying, many small and micro-businesses run tight ships—they are hyper-efficient. Consequently, they can offer products and services at much reduced prices, and every bit equal in quality. However, all the bureaucratic muddle and red tape is not only depriving small businesses of the opportunity to supply but means that public sector bodies are paying more money for the services they procure. The process is costing public sector bodies more twice over. First, someone in the public body must administer all the paperwork, with all the forms having to be read, checked and all the rest of it, so that creates a higher cost for procurement. Secondly, because the public sector bodies are ruling out—shall we say?—more competitive companies by their system, they are also paying more for the products they procure. In many respects, the public sector is paying more for goods; I hate to use the phrase, “paying through the nose”, but it is paying a premium because of its own processes.
About 18 months ago, I held a small business event in my constituency to help my local small enterprises deal with local authorities and other big public bodies, to try to break down some of the bureaucratic barriers that the public sector bodies put in their way; to be honest, sometimes they do so unwittingly. In total, 85 local companies came along to that event, and they all came with a very similar tale. They all mentioned the dreaded pre-qualification questionnaire, or PQQ, which seems to be the bane of every small business person’s life. As the hon. Member for Ogmore said, public sector bodies seem to have a system whereby they say, “This is the procurement package we use, whether the contract is worth billions, millions, thousands or tens of pounds.” It just seems to be the same process and it seems like a sledgehammer to crack a nut.
In discussing the PQQs, I will change the names, because I want to protect both the innocent and the guilty. I have one PQQ here, which is 64 pages long. It was given to me by a local small supplier. I will not say what the company does, because that would give a clue, but we will work on the theory that it supplies wallpaper, because that fits. Obviously, I do not want to disclose the company owner’s details, because it is not fair on him. He tendered for a fairly modest contract with a public sector organisation, which will also remain nameless. He sent me a PQQ that is 20 pages long and asks for information such as cash-flow forecasts. It also asks for a bank letter outlining the company’s current cash and credit position. I am sure that the bank would supply that information, but from my experience of dealing with banks I would say that it will probably charge him.
Looking at the level of detail of the contract, I see that there is an extra cost. It does not matter about all the paperwork and all the rest of it; the company owner has got a bill from his bank. The public sector body wants details of his company’s equal opportunities policy, its health and safety policy and it even asks him to
“describe your organisation’s current workforce development and training programme”.
The company is a micro-business that employs three or four people, supplying goods—as I say, we will go with wallpaper—and it has to supply all that information. I read the form with incredulity; I have even torn the page off, so that the cameras in Westminster Hall cannot pick up who sent it to the company owner. I could go on at great length, and given that we have the time I could actually read the whole of a 64-page PQQ I have, because I could get it all in before the debate finishes. In fact, I was thinking that there are people who collect different things, and we should have a name for people who collect PQQs, because I could be one of them.
I hope that my hon. Friend will excuse me for quickly intervening. I am sure that he is right to want to protect those involved, but anyone watching this debate and regretting that they cannot pick up the details on camera might like—if they know the details—to go to the Mystery Shopper page on the Cabinet Office website, which I will discuss in my response to the debate, and before the end of the debate we can “shop in” some bad practice.
It is a pleasure to serve under your chairmanship, Mr Hollobone. I congratulate my hon. Friend the Member for Ogmore (Huw Irranca-Davies) on securing the debate. My only sadness is that a debate of such magnitude and gravitas does not have a much wider audience and that more Members could not be here. However, it is good to see that the Welsh are in a majority today, with four Members here, along with another Member from the Celtic fringe. We will look closely at what the Minister has to say.
There is the hon. Member for Pudsey (Stuart Andrew) behind the Minister. He is a sleeper; we sent him on reconnaissance to Pudsey. Come back to Wrexham!
When we talk about the role of businesses in the economy, we are often talking about small and medium-sized enterprises. Let us not forget that half of private sector turnover is accounted for by SMEs. In Wales, the public sector spends approximately £4.3 billion per annum through procurement, which accounts for more than a third of the overall Welsh public sector budget. That includes everything from stationery, paper clips and office furniture to medical equipment. In my constituency, up in Croespenmaen, we have Abingdon Flooring, which supplies furnishings for MOD properties.
What is more, the public sector is the largest user of services and goods from the private and voluntary sectors in Wales. The scale of public sector procurement in Wales and across Britain means that it is the biggest driver of economic growth and the biggest lever the Government can use. No one, on either side of the House, can fail to recognise the importance of public sector procurement.
I remember going to a seminar with Lord Sugar, when he talked about green industry. He said that is okay having wind farms, but they need steel: where are we procuring that? My frustration about procurement is that everyone knows its importance; but, for all the companies that come to me and tell me that they are trying to procure for something, there are hoops to jump through. It gets to the point where they are frustrated and give up on the process.
I read recently that the Prime Minister’s enterprise adviser David Young said he was not convinced that the value of SMEs was being fully exploited across the public sector. It worries me that it seems from a Cabinet Office report that the target of 25% of all government contracts has been quietly dropped. Indeed, from some statements from the civil service it seems that the 25% target is not a target but an aspiration. I agree with the Government that that target could be a catalyst to achieve change in the economy; but that must be driven from Whitehall, and be more than an aspiration. It must be measurable, constant and universally accepted. Also, which businesses does it apply to? Is it for larger businesses or for small and medium-sized business? Are micro-businesses included as well? I do not believe there is anyone who does not see SMEs as job creators. The SMEs of today will be the major companies of the future.
What the debate comes down to essentially is this: we will cut the welfare bill and bring down the deficit only through people in jobs paying taxes. The only way we shall achieve that is by encouraging SMEs and other businesses to have the confidence to create jobs.
I am grateful to the hon. Member for Ogmore (Huw Irranca-Davies) for initiating this debate on such an important subject and for setting us off so passionately. As has been echoing around the Chamber this afternoon, we share a passion for the same thing: seeing excellent procurement that serves the customer—in this case, the taxpayer—and promotes growth. I am confident that every Member here supports those aims and that my remarks will outline the action merited by that.
From the outset, the Government have fully recognised the vital role that SMEs play in helping us achieve the best possible value for money—in some cases for reasons of cost and in others for reasons of innovation, a theme that has also rightly reverberated around the Chamber—when we buy goods and services for the citizen, such as school, hospital or prison meals, wallpaper or any other goods or services.
In the minutes remaining, I will take the hon. Gentleman’s invitation to shatter some myths. Let us do that together this afternoon, because he is absolutely right in laying down his support for the theme and in his desire to see increased awareness of what is available for SMEs, of the ways in which they can grab it and of the ways in which we can hold procurers to account.
I will start by addressing the goal that, by the end of this Parliament, 25% of direct and indirect Government procurement by value should go to SMEs. Although I want to move on to some content that I know will be of great help to every Member when talking to their constituents, I first need to make an overtly political point. I am sad to say that we had to take the bold step of setting a 25% aspiration because before that, under the previous Government, no effort was made to measure such things. The lecture I have just received from the Opposition Front-Bench spokesman is more than a little rich in that context. Even a member of the previous Government has had the dignity to look ahead and say what we need to do better for SMEs, and I am afraid that I do not think the Opposition Front-Bench spokesman is hitting the same heights.
After a lot of hard work in 2010, we found out that SME procurement in 2009-10 amounted to 6.5% of all procurement, or £3.1 billion—a shamefully low figure given that 95% or more of private sector businesses in the UK are microfirms, or companies with fewer than 10 employees. We recognised that something had to be done to remove the barriers facing many companies when bidding for Government contracts, and we have gone a long way towards removing those barriers. I will work through a couple of points that will help Members to express that to their constituents, which is one important thing we can do to send the message outwards.
Over the past three years, we have increased accessibility and transparency, identified and addressed poor procurement practice and provided practical assistance to help SMEs. I will start with accessibility and transparency. We have made contracts smaller and broken them up under various headings. Some of the finest examples of that can be found in information and communications technology, where historically Governments have been subject to procurement disasters. We have instead deliberately gone out to approach SMEs for Government ICT needs and have had some good successes. We have also set up Contracts Finder to increase accessibility; it is a one-stop shop to enable suppliers to find procurement and subcontracting opportunities. They can also find tender documents and contracts online, all free of charge. I urge anyone listening to or reading this debate to look at that.
People will also find online and accessible pipelines of what the Government are looking to procure under a range of topics. All those kinds of thing help would-be suppliers to know what we are looking for. As I said in my opening remarks, we believe in procurement for growth, and we believe strongly that pipelines can help in that endeavour by explaining to industry what this very large customer, the Government, are looking for over time.
In the dynamic marketplace, companies can register without cost to provide quick quotes for low-value Government contracts below £100,000. That enables them to bid and compete at minimal cost alongside larger suppliers. I recognise the points made this afternoon about the cost of bidding. We are doing something about that. On the other side of the deal, what does that give customers—Departments and the taxpayers whom they represent? It gives us cost-effective access to pre-registered Government suppliers and allows bids to be issued and responded to electronically, which again makes the procurement process quicker and more effective.
On the theme of transparency, I also note that we have established a Crown representative for SMEs, which I know will be of great interest to the hon. Member for Islwyn (Chris Evans), who wanted to know where SMEs could turn for help. There is a Crown representative in Government especially for the purpose of giving SMEs a voice at the table. That is vital, and we have done it. We have also set up an SME panel to provide a regular forum for SMEs to raise the issues that concern them most and hold our feet to the fire. I assure the hon. Gentleman that the SMEs on that panel do so. I have been there, and I have enjoyed meeting the panel very much.
Moving on to tackling poor procurement practice, we have heard a couple of good examples in this debate, particularly from my hon. Friend the Member for High Peak (Andrew Bingham), who spoke about a wallpaper supplier in his constituency. I will start with that example. It is a great shame that he and his constituents felt the need for anonymity in that example. I understand entirely, but we would all like to live in a world where they did not receive bad service and did not feel the need to hide it for fear of reprisals.
We have introduced a mystery shopper service that will be familiar to anyone who has seen such a thing in supermarkets or reputable businesses throughout the private sector. It allows poor procurement service to be identified and acted on. If a supplier encounters poor procurement practice, such as the overly bureaucratic pre-qualification questionnaire in my hon. Friend’s example, or unreasonable selection criteria, as in other examples, they can refer it anonymously to the mystery shopper service, so that we can investigate it on their behalf.
I encourage and urge all constituency Members to push that information out to SMEs or anybody bidding in their constituency for Government work. It is the only way that one by one, piece by piece, we can tackle that kind of bad practice. It allows us to identify the broader themes that we can perhaps tackle more systematically, but it also allows us to put right individual cases where something has gone wrong.
Based on what the Minister is saying, does she consider the move towards centralising legal aid contracts an example of bad procurement?
I suspect that I do not have time to do that topic justice and that you would not wish me to go there, Mr Hollobone. However, if the hon. Gentleman thinks that it is bad practice, he or anybody else ought to enter it into the mystery shopper and see what comes out the other end. We regularly publish the outcomes of mystery shopper investigations on the gov.uk website, and I am sure that the hon. Gentleman will find it easy to use.
By 31 May this year, we had received 425 mystery shopper cases. Of those that we have closed, a great majority have had a positive outcome. Once again, I encourage all Members to ensure that their constituents are aware of it.
Briefly, and in case the Minister does not touch on these two issues, what are the UK Government doing in terms of the threshold for advertising on the web? The Welsh Government have moved to advertising any contract of more than £25,000 on the web. Also, what are the UK Government doing to reduce the insurance and turnover thresholds to break down more barriers for SMEs?
On the first question, all central Government contracts of more than £10,000 must be advertised on Contracts Finder; I am sure that those who have their smartphones out will find it a helpful source of information. The second question brings me to a point that I shall make later. We need to leave some areas of professional competence for the contractors themselves. It may be under the headings that the hon. Gentleman mentioned. There are instances in which a particular contractor will need to find particular characteristics that suit their procurement.
I turn to a couple of other points that have been made. Hon. Members have asked for there to be ways of giving feedback to unsuccessful bidders. We have used the mystery shopper to provide that in some cases; I am interested in how we can encourage it as a far wider practice. I will also give an example of the move away from frameworks, another point made earlier. In some cases, it can be an instance of poor procurement practice when frameworks are used inappropriately. They can certainly be a blunt instrument. I point hon. Members to the example of the G-Cloud, a way that we are procuring for IT across Government that has done away with frameworks entirely. There are many more such examples.
PQQs, or pre-qualification questionnaires, are undoubtedly a burden to small and medium-sized businesses. To address that, we have eliminated their use in 15 of 17 Departments for all central Government procurements under the EU threshold of £100,000. The two Departments still using PQQs are doing so only for security reasons.
I am terribly sorry, but I need to finish some points before I run out of time. For procurements that still require a PQQ, we have introduced a much simpler standard set of questions that reduces the burden on suppliers.
On late payment, we recognise that being paid promptly is vital to enabling SMEs to manage their cash flows. Again, we have addressed that by making Government a fair payment champion. We have a policy of paying 80% of undisputed invoices within five days and ensuring that prime contractors also pay suppliers in tier 2 within 30 days. We expect our suppliers to follow that example.
My hon. Friend the Member for High Peak briefly mentioned the fact that Government can end up paying through the nose for procurement. I make the point in passing that we are one of the best clients going. I think that the hon. Member for Islwyn said that, actually, we have some of the best credit available as a Government purchaser. We can take advantage of that and get results for the taxpayer, which is crucial because that is whom we are procuring for, as well as shaping the market. I suggest that fair payment is a way in which we can do that.
I turn to a couple of other points about assistance to SMEs. Hon. Members have spoken about the small business research initiative, under which we have provided more opportunities within Government for SMEs. To address a further point made by the hon. Member for Islwyn, we have also produced a series of “top tips” videos that help SMEs and voluntary organisations pitch for Government business. Again, he should get out his smartphone right now and find out how good those videos are.
On how the measures are giving results, I should say that direct spend with SMEs across Government has increased from the paltry 6.5% when we took office to 10% in 2011-12. We will shortly announce, two years on, the results of our efforts in that area. SMEs have also benefited from a further 6% in indirect spend through the supply chain in 2011-12, meaning that spend with SMEs across Government has increased steadily since 2010.
Looking ahead, we must keep up the pressure on Departments. The hon. Member for Newcastle upon Tyne Central (Chi Onwurah) will be delighted to know that I am personally scrutinising plans from Departments to increase their spend with SMEs and sharing them with the Prime Minister throughout. We have appointed SME champions to do so at ministerial and official levels in all Departments.
Hon. Members will also be pleased to know that we are working closely with the Department for Business, Innovation and Skills to ensure that unified advice is available to SMEs. To conclude, we are aware of the recommendations in Lord Young’s work, and I want to do more to support growth with SMEs throughout the public sector.
All good things must come to an end. I thank all the hon. Members who took part in that most interesting and illuminating debate, and ask those who are not staying to leave quickly and quietly.