Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill Debate
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Chris Bryant
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Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Chris Bryant Excerpts(10 years, 8 months ago)
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Mrs Main
My hon. Friend makes a valuable point. Many Members will have short careers in this place and I am sure that my career is as open as anyone else’s to the vagaries of public decision making. Many former Members go on to exert the subtle forms of lobbying that we are all decrying, because they get powerful positions in and links to industries and bodies and know, as has been said, which buttons to press and which mobile phone numbers to call. That is what I want to address. Other Members have the same concerns and the Select Committee has raised them, too. Today gives us an opportunity to ensure a level playing field and to bring a degree of clarity to the domain of lobbying and the role of a lobbyist.
As I said in a speech last week, I am unhappy that discussions about a strategic rail freight interchange in my constituency were held over a private lunch. That would not be captured by the Bill. The gentleman involved is a professional lobbyist, but he is also a personal friend of the then Transport Minister. I do not understand the volte-face, but it would help if I knew who met whom. The e-mail the gentleman sent asked whether there was
“anything your department can do”.
That is how a lobbyist works: once they get an ear and access, the chain reaction—the butterfly effect—that they so desire occurs and, without transparency or a register, it is very hard for people to know where meetings have taken place.
Private lunches would be captured by my proposed new clause, which covers any activity for the purpose of “influencing government” or
“advising others how to influence government.”
Any one of us could sit at a table at a private lunch or a fundraising function and end up being lobbied firmly. If such lobbying were to continue, I would feel an obligation to declare it under my proposed new clause. I could listen to what was being said, but if I did anything about it I would regard myself as having been successfully lobbied.
Chris Bryant (Rhondda) (Lab)
The hon. Lady’s proposed new clause has a lot to recommend it, but most lobbyists would disagree profoundly with some of the language she has used about them. They do not want to be devious or skulking in corridors. They are happy to do their business because they know it is an essential part of the democratic process to get across a strong view to those who are legislating on behalf of the whole of society. They are calling for these kinds of changes as well, so may I urge the hon. Lady to be a bit nicer about lobbyists? Ultimately, I think she is calling for what they want.
Chris Bryant
The hon. and learned Gentleman is always very persuasive and clever, so I hope he will be able to help me. Which persons, using his definition, would be required to register in a situation where, for instance, News Corp wanted to buy out the whole of BSkyB? It would not be any member of News Corp. It would not be the company itself, anybody it employed full-time, its lawyers or any of its consultancy companies, unless they were predominantly engaged in lobbying. Am I right to say that not a single person in that process would have to register?
Mr Cox
Let me come on to that question, because I want to tackle it, if it is appropriate to do so, in connection with clause 1. First, let me make it clear that the Opposition Front Bench spokesman, the hon. Member for Hemsworth, asserted in this Committee that the intention of Government amendment 76 was to exclude companies and employers. That is simply not right: that is a misconception. If the Opposition pour a torrent of misconceptions on the drafting of the Bill, their criticisms will not be listened to. I am anxious, as is the hon. Member for Rhondda (Chris Bryant), that some criticisms should be listened to.
The word “person” in clause 1, as proposed, would mean that anybody carrying on the business of consultant lobbying, whether they represented a partnership or a company, would have to register if they came within the definition of consultant lobbying. The problem the hon. Gentleman refers to is not a problem in clause 1; it is a problem in clause 2, to which I expect we are about to come. The problem in clause 2 is the definition of consultant lobbying, but clause 1 would cover employers and people who carry on a business of consultant lobbying through their employees. A company cannot carry on business in any way unless it be through human beings—their employees. Therefore, if a human being goes to lobby and is lobbying on behalf of a consultant lobbyist, as defined, then that consultant lobbyist, his employer, will have to register. There is no doubt about that—that is a fact.
Mr Cox
I will not give way, because I want to be quite short if I can.
The hon. Gentleman asked me a question and he made a legitimate point. What concerns me, although it may not be a point on clause 1; it may be a point on clause 2—I look with diffidence at the occupant of the Chair—is that an in-house lobbyist would not necessarily be caught by this definition. My suggestion and submission to those on the Government Front Bench is that in larger firms—for example, in major City law firms—it is now not uncommon for there to be specialist departments that deal with lobbying activities. It strikes me, with the greatest of respect to those on the Government Front Bench, that there is a strong case, where such a specialist department exists, for that department to have to register as a lobbyist.
Mr Cox
No, I will not give way at this stage. The hon. Gentleman must forgive me. I want to be short, and there is much to cover.
It may be argued that that position will encapsulate too wide a net. What concerns me is that that will offer the opportunity for the construction or the engineering of the structure of a business, so that what is a specialist lobbying company can become part of a larger business and thus avoid the need to register. That would be a regrettable element of manipulation, and bring into disrepute the passage of the Bill.
I hope that those on my Front Bench, in considering this question, will answer it at leisure and not straight away on the hoof. It cannot be right that specialist departments—set up, it may be, in larger entities—that are often the product not so much of caprice, but of chance accident in the evolution of companies and their structures, should elude capture by this Bill.
Mr Cox
No.
I hope that those on the Front Bench will consider what I hope they will believe is a constructive point. Let me say again that it is quite wrong of the hon. Member for Hemsworth to launch a tirade against those on our Front Bench by saying that clause 1 is being mischievously amended by the deletion of subsection (1)(b).
Mark Durkan
The hon. Lady makes an excellent point. The point of transparency and registration is about being able to say that, if all such engagement is absolutely above board and matter of fact, there is nothing to hide and nothing to worry about. When the picture is created, or when it can be canvassed by some, that there is something untoward about such contacts and representations—that they are an attempt to get undue influence in pursuit of a particular vested interest—the whole public policy system and Parliament suffer. That is what happens when those suspicions abound. We are trying to protect ourselves and the public understanding and trust of Government and parliamentary processes by ensuring we have a more meaningful Bill.
That is why the amendments before us are important, not least amendment 48—which, as we know from the Chair of the Political and Constitutional Reform Committee, will probably be put to a vote—and the Opposition amendments, beginning with amendment 2, which basically take to task the Bill’s deliberately narrow definition of “consultant lobbying” by replacing it with a wider term, “professional lobbying”. This group of amendments also contains amendment 161, which stands in my name, which also tries to add more definition to the type and character of lobbying that we want the Bill to capture. Indeed, the hon. and learned Member for Torridge and West Devon said that there are issues with lobbying activity that is clearly carried on in firms and on behalf of firms. Such lobbying is a dedicated, professional wing of activity on the part of corporations, and it should be captured in any appropriate Bill.
Chris Bryant
Not least in broadcasting, which is one of the most lobbyacious parts of society, and for a very good reason—a lot of broadcasting depends on legislation. However, broadcasting firms hardly ever employ third-party consultants; rather, they always use their own, normally enormous in-house operation. Also, those lobbyists would not bother going to see the permanent secretary, because the permanent secretary would not be bright enough to understand the technicalities. Instead, they would go to the junior officials in the Department who do. None of that would be captured by this Bill.
Mark Durkan
I fully agree with the hon. Gentleman. I will not be tempted to wander away from the issues that we are meant to be dealing with in this group of amendments, but he is right to point out some of the flaws that exist elsewhere in part 1 of the Bill and to the wholesale escape by corporate lobbyists working on behalf of various bodies. Whether those lobbyists are working on behalf of allegedly public bodies, private commercial bodies or much larger international conglomerates, they should not be able to escape the scope of the Bill as lightly and handily as they are going to do. As the hon. and learned Member for Torridge and West Devon has pointed out, the Bill is framed in such a way that some people will simply be able to recast their business in order completely to escape being touched by the legislation.
Chris Bryant
I warmly congratulate the hon. Member for Chatham and Aylesford (Tracey Crouch) on her speech. I like the fact that she takes no hostages from among her own colleagues who betray their ignorance and all. I entirely agree with her: there is no point in introducing a Bill that destroys the whole premise of decent, open, transparent lobbying in this country, because it is one of the fundamental precepts that inform the way we do our democratic business.
Our legislation would be consistently weaker if people had no opportunity to lobby us. Let us face it: most of the time we are dealing not with issues on which we are the experts but those that are way beyond our normal ken, so it is important that people come here to inform our decisions.
I would say, just as the hon. Member for Chatham and Aylesford said, that it is very rare for a lobbyist to devote their energy to the permanent secretary, who will nearly always be entirely irrelevant to the process in hand. Normally, the Minister would be the person of last resort to whom a lobbyist would go because they would want to persuade members of a Select Committee, people sitting on the Bill Committee and all sorts of other people that need to be persuaded long before thinking of engaging with the Minister. Special advisers are essential to that process.
Paul Flynn
Before my hon. Friend goes into orbit in praising the saintly activities of the lobbying world, will he agree that the worst activities of lobbyists can be found among the corporate lobbyists, who buy advantage for the already advantaged? The purpose is to give extra access and extra influence to those who are already rich, privileged and wealthy. Is that not what we need transparency about?
Chris Bryant
I am not suggesting that all lobbyists are saints, but most of the world is somewhere between saints and sinners. Of course we want a level playing field. I do not want a corporation, by virtue of having deep pockets, to have a special advantage over those who do not have deep pockets, but I do not want to say that a corporation should not be able to put its case, simply because it is a corporation.
I mentioned on Second Reading that when the mental health legislation was going through Parliament I would not have been a valuable, I hope, member of the Public Bill Committee if it had not been for Mind and other mental health charities, the British Medical Association and other organisations coming to lobby us. I have to say, too, that the pharmaceutical companies, which others may want to paint as the devil incarnate, had an informed voice to bring to the debate. In the end, I had to make a judgment—that is what I am paid to do—about where the right public interest lay. I think it right and proper, when it comes to this Bill, to ensure that everybody knows about all that activity, not just a tiny proportion of it.
The hon. and learned Member for Torridge and West Devon (Mr Cox) is slightly wrong in what he suggests. It is true that we are debating clause 1, but many of the amendments in this group refer to clause 2, schedule 1 and other provisions. Those are the elements of the Bill that profoundly limit the effects that this so-called lobbying Bill would have. There are 15 Government amendments in the group, one of which is one of the most bizarre amendments I have come across. Amendment 84, which can found on page 667 of the amendment paper and was tabled by the Leader of the House, reads:
“Clause 25, page 11, line 31, leave out from ‘lobbying’ to end of line 32.”
If the amendment were accepted, clause 25 would simply read:
“‘consultant lobbyist’” means a person who carries on the business of consultant lobbying”.
If that is not a circular provision, I do not know what is. The hon. Member for Foyle (Mark Durkan) said earlier that a very small net was being employed. This is not a net; it is fly-fishing. I can think of only one person who might be caught by it, and that is the Prince of Wales.
Chris Bryant
I do not believe that that is the aim of the Government’s legislation, although it may have suddenly got my hon. Friend the Member for Newport West (Paul Flynn) on board.
Mrs Main
On a need-to-know basis, I agree with what the hon. Gentleman is saying. I do not wish to use tortuous means to obtain correspondence from someone who says
“I would prefer for my email not to be sent to the MPs” ,
or, in my case, to a solicitor fighting against a proposal. I am happy for the hon. Gentleman to see my report, because I was trying to find out what lobbying was going on. We should be able to know what is happening. I have no problem with lobbying—it is not a dark art—but I have a problem with things that are being concealed.
Chris Bryant
Absolutely. Indeed, let us get it all out in the open: I used to be a lobbyist. I used to lobby for the BBC in Brussels. All right, the Daily Mail hates me. That is just about every bad thing knocked into one. However, I believed that the work that I was doing had to be done openly, transparently and publicly, and I was entirely happy about that. The European Parliament has a register, everything must be declared openly, and it is all above board. I wish that we had the same arrangement here.
In recent years I have worked with the UK Public Affairs Council, which now produces a voluntary register. It is online, and it is pretty good. It is possible to detect a fair amount of the lobbying that is going on, and to detect who represent what clients and so on. I fear that if the Bill is passed, it will not be in the interests of the vast majority of the people who are currently signed up to an online voluntary register. The Bill means that they will not have to register, and it will not be in their interests to go the extra mile and sign up to the voluntary register, so we shall end up with less transparency rather than more.
Chris Bryant
I am happy to give way to the Minister if he can assure me—he need only nod—that he will tell me how many organisations will be caught by the Bill. I have not seen him nod yet. I will not give way to him until I see a nod.
Tom Brake
I assure the hon. Gentleman that the Parliamentary Secretary, Cabinet Office, my hon. Friend the. Member for Norwich North (Miss Smith), will respond to him on that point. [Interruption.] However, I wanted him to explain why he felt that organisations that are currently on a voluntary register—there is no requirement for them to be on it—would automatically choose to cease to be on that register. Many consider that being on it is to their commercial advantage, because it is a unique selling point when it comes to working with their clients.
Chris Bryant
We now know that a Liberal Democrat nod really means a shake of the head. The right hon. Gentleman said that he was going to tell us how many organisations would be caught by the Bill, but now he says that the other Minister will answer my question. My hon. Friend the Member for Newport West referred to albatrosses earlier. As I recall, in Coleridge’s poem “The Rime of the Ancient Mariner” the mariner shoots the albatross, which then hung around the mariner’s neck until all the people involved on the ship had died. I fear for the Parliamentary Secretary. I fear that, charming and wonderful as she is, this Bill will be hanging around her neck, and the necks of several other Members, until they have all passed on, politically at least.
Let me say this to the Minister. The reason many people will choose to opt out of the voluntary register on which they are listed at present is that there will now suddenly be a mandatory register to which only a tiny proportion of people will be required to sign up. Until the Government are prepared to say what proportion—
Chris Bryant
Right—that is the second nod. I can tell the Minister that the voters will not be prepared to accept three nods and still get a shake of the head from the Liberal Democrats. I hope that this is a real nod.
Tom Brake
I can tell the hon. Gentleman the answer to his earlier question: 350 organisations will be covered. However, he has still not responded to my question. Will he explain why organisations that are currently on a voluntary register should decide to remove their names from it. What advantage would they gain?
Chris Bryant
It is not a question of the advantage that they would gain; it is a question of the disadvantage of being on the voluntary register. If the Government are to introduce one mandatory register, saying that it is all that is required by public society, of course such organisations will make that decision.
Thomas Docherty
The Deputy Leader of the House has just given a figure of 350. I suspect that the Government plucked that figure from Australia and Canada and bunged it into the impact assessment, and that it is not based on any knowledge of the United Kingdom industry.
Chris Bryant
My hon. Friend is right. It is clear from clause 2—the amendments that we are considering relate partly to clause 2 and to paragraph 3 of schedule 1 —that any organisation whose main purpose is not lobbying, such as a legal firm, an accountancy firm of a broadcaster, will not be required to register at all. The hon. and learned Member for Torridge and West Devon made a very good point when he said that the industry had changed in the last 10 years. Many Government relations companies that used to stand alone have been brought into wider companies that deal with public relations and communications of a much more general sort. Those organisations will not be required to register. Moreover, the words
“in the course of a business”
in clause 2 make it pretty clear that a large number of businesses will be able to opt out of the provision entirely.
Dr Alan Whitehead (Southampton, Test) (Lab)
My hon. Friend rightly drew attention to the circular definition of a consultant lobbyist in amendment 84. Clause 2 states that the consultant lobbyist thus circularly defined “does” do certain things. It does not state that the lobbyist “might” do certain things. It is clear that the majority of consultant lobbyists who may not do such things, as circularly defined in clause 25 as amended, will also escape from being on the register. I think that that will knock several more of the 350 organisations off the register.
Chris Bryant
My hon. Friend is absolutely right. Such is the paucity of the drafting of the Bill—cobbled together, I think, at the last minute—that the real danger is that even the people who the Government think do consultant lobbying do not do it in the terms of the Bill, and will therefore be excluded from the register. The Government may think that 350 organisations will be covered, but I think that that is a very dubious, dodgy number. I think that it is more likely to be 35 or three and a half or even three.
Chris Bryant
I will give way first to the hon. Member for Foyle (Mark Durkan), and then to the hon. and learned Member for Torridge and West Devon, although he was unkind enough not to give way to me a second time.
Mark Durkan
The hon. Gentleman is entirely right about not just the existing paucity of the definition in the Bill, but about the tautology that we are being asked to introduce in the form of the circular definition in amendment 84. Would it not be more honest for the Government simply to propose that the Bill should define a consultant lobbyist as anyone who places an entry in the section of the Yellow Pages that is headed “Consultant Lobbyists”, and that those who do not so define themselves should be exempt?
Chris Bryant
I think that that would be slightly to treat the legislation with contempt—so I am right up there with the hon. Gentleman.
Mr Cox
I do not know whether the hon. Gentleman has seen the Leader of the House’s amendments 93 and 94, which have just been drawn to my attention. On the face of it, those important amendments would go a considerable way towards dealing with the problems that my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) and I have outlined. They would widen the scope, and would mean that only incidental lobbying activities would escape. That could not be said of any specialist department, so it seems clear that the Government are going some way towards responding to some of the concerns that have been expressed. If the hon. Gentleman has not read the amendments, he should have a look at them and think about how far they go.
Chris Bryant
Of course I have read the amendments on pages 658 and 659, but I think they would have exactly the opposite effect from what the hon. and learned Gentleman says. The concept of a non-lobbying activity is as interesting as the concept of a lobbying activity. That is why I think this Bill provides so many grey areas, and that, in turn, is why I can see that it would recommend itself to lawyers—to lawyers, I repeat.
Jon Trickett
The hon. and learned Member for Torridge and West Devon (Mr Cox) is a lawyer.
Chris Bryant
Yes, that is the point I am making. Because of those grey areas, a great deal of business is likely to come from this proposed legislation.
Chris Bryant
Of course I will, although I am aware that not even the hon. Gentleman’s colleagues think he knows how this industry works.
Charlie Elphicke
The hon. Gentleman forcefully makes the point that this would be a matter for lawyers, but on my reading of some of the Opposition amendments, they would bring vicars within the ambit of the Bill. That would be a very odd and unintended result, would it not?
Chris Bryant
I think I am the only ex-vicar in the Chamber. It is perfectly legitimate for people to lobby, even vicars—and, for that matter, tarts. I have no problem with vicars and tarts lobbying. For that matter, I have no problem with vicars and tarts lobbying together on a piece of legislation, if that is what they want to do. That would be absolutely legitimate, but I just want to have a level playing field.
If somebody is being paid to lobby on behalf of others, I think there is a higher requirement in respect of our being able to know, but I just say this to the Government: they have brought forward a Bill that is so narrowly drawn in its first part that I think it will do far more harm than good.
This Bill should not be advanced as a Government Bill. It should be a private Member’s Bill. It should be advanced on a non-partisan basis. It is the kind of legislation where we desperately require people to come in and give evidence before we start considering amendments, so that Members such as the hon. Member for Dover (Charlie Elphicke) who has just tried to make a pointed intervention on me would be able to learn from the experience of those who are actually—
Charlie Elphicke
My concern with the hon. Gentleman’s suggestion that this should be a private Member’s Bill is that he and I both know that the process for that is tortuous because this House does not lack for wreckers who would destroy any such moves to any kind of legislation that would be more considered and sensible, which is a shame.
Chris Bryant
I have been campaigning for a very long time to get rid of the entirely mendacious private Member’s Bill process and to replace it with a system that works better, but I do think this Bill would be better advanced on a cross-party basis without Government-Opposition divide and on the basis of practical experience of how the industry actually works. There is a danger that we will introduce bad legislation here, and we may well—irony of ironies—have to resort to the House of Lords to try to improve it because the Government nearly always have a majority on any legislation in this House.
Helen Goodman
My hon. Friend is making his case rumbustiously, but I just wonder whether I could bring him back to the problems of definition and the limitations of this Bill by giving a couple of examples. I spent 16 years as a Treasury civil servant, and we were subject to highly formalised lobbying every year before the Budget from the Scotch Whisky Association, the tobacco people, the cider people, the motor manufacturers and so forth, and in the case of the UK offshore operators, we had a whole joint committee between the industry and the civil service in order to work out the north sea fiscal regime—
The Temporary Chair (Mr Martin Caton)
Order. That was a very long intervention.
Chris Bryant
Yes, but it was a very good one, because it does make the point. I do not think my hon. Friend was the permanent secretary or the Minister—although she was a Minister later on. At that time, however, she was just a humble—
Chris Bryant
My hon. Friend was a lowly—although perhaps not a very humble—Treasury official, and the point is well made.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
Government Members have suggested that Government amendments 92 and 93 clarify matters, but does my hon. Friend agree that they actually have the opposite effect, because whereas before the Government were badly defining what lobbying activities are, they are now badly defining everything else that lobbying activities are not?
Chris Bryant
My hon. Friend expresses far better than I could exactly what I was trying to say earlier, and she is absolutely right.
Let us consider how two areas would be affected by the Bill and the proposed amendments. The first of them is the introduction of droit de suite. When the European Union insisted that every country in Europe had to have an artists’ resale right, the Government at the time—a Labour Government—were wholeheartedly opposed. However, some members of the Culture, Media and Sport Committee were wholeheartedly in favour and wanted to persuade the Government to take a different course of action, which we thought was going to be inevitable anyway.
At the time the Design and Artists Copyright Society, the body that administers copyright for artists, was lobbying very hard to have droit de suite introduced in the UK, and on a generous basis—more generous than that originally intended by the UK. So far as I am aware, it never lobbied the permanent secretary, but it certainly lobbied all the Culture, Media and Sport Committee members and a lot of junior DCMS and Treasury officials, and in the end it won its case. It would not be caught by this Bill, however, because its primary purpose is not to lobby, but to administer a system of collecting rates for artists. My argument is that that is wholly inappropriate. The body that was opposed to the introduction of such a right was the body that represents all the art houses and art galleries. It, too, would not be covered by this Bill, but I think it should be.
Communications with Members of Parliament should be included, as the new clause of the hon. Member for St Albans (Mrs Main) would allow, just as much as communications with Ministers or anybody else should, because knowing who is trying to influence proposed legislation, and who tables amendments and who does not table amendments and so on, is a vital part of knowing what is going on in the lobbying business.
Let us consider, too, recent events in the newspaper industry. I think all Members would agree that it has been ferociously lobbying for quite some time, sometimes through direct means and sometimes through indirect means. The chairman of the Press Complaints Commission is Lord Hunt. I am not sure whether he is still the chairman, but he is a Member of the other House. I am not sure whether he would be included in this legislation by virtue of being a Member of the other House, but he has certainly been lobbying on behalf of a whole set of other newspaper agencies, and he is paid to do so. The Government may say, “Yes, he probably would be included, as that is consultant lobbying.”
Chris Bryant
The Minister is nodding, so Lord Hunt would be included, but what about Peter Wright? He is the former editor of The Mail on Sunday, but he is now working solely on lobbying on this business on behalf not just of The Mail on Sunday, but other newspapers, too. Would he also be included? I do not think so, as he is a full-time employee of what was Associated Newspapers.
What about Lord Black of Brentwood? He is an executive director of the Telegraph Media Group. He has tabled amendments in the House of Lords and visited Ministers and so forth. He has been lobbying ferociously as well. Would he be included by virtue of the Government’s legislation? I suspect not, but I think most people in the country would think that that kind of activity should be publicly available so that we can all know the basis on which Ministers are making decisions.
Dr Whitehead
I wonder whether my hon. Friend agrees with me about this process. A person who accepts that they are a consultant lobbyist under the definition in clause 25 might then refer to clause 2(1)(a) and say, “Well, I make communications,” and might then refer to clause 2(3) and say “Well, I make communications but I do not make communications to a Minister of the Crown or a permanent secretary and I will agree not to,” and since there is no further definition of what a consultant lobbyist is, their decision not to talk to a permanent secretary—which they would not do anyway, perhaps—would exclude them from needing to be on the register.
Chris Bryant
My hon. Friend is absolutely right. It does not have to stop there. The lobbyist can carry on, as paragraph 3 of schedule 1 states:
“A person does not carry on the business of consultant lobbying if…the person…carries on a business which is mainly a non-lobbying business”.
They can opt out in hundreds of different ways.
Thomas Docherty
I am listening carefully to my hon. Friend. Is he aware that Lord Black not only uses his position directly but awards a parliamentary pass to a senior lobbyist of the Telegraph Media Group, who can then wander freely through the corridors of Parliament lobbying MPs and peers?
Chris Bryant
I completely agree with my hon. Friend. At the risk of travelling too far from the amendment, the real danger of corruption in the Palace of Westminster and the legislature lies at the other end of the building. It is much easier for a lobbyist to persuade a peer quietly to table an amendment in the House of Lords than it is to persuade someone to table an amendment in the House of Commons. That needs to be looked at. [Interruption.] And, for that matter, to hand out passes. The decision about who should get a pass should be solely about security—it should not be about access.
Mrs Main
That is exactly the point I was trying to make in subsection (3) of new clause 5, which states that
“‘government’ includes…members and staff of either House of Parliament or of a devolved legislature”.
Access through staff, who then chat to the MP or peer, is just as valuable, but it is not covered by the Bill.
Chris Bryant
I am sorry, I have obviously not made it clear: I love the hon. Lady. Well, I will not do so when it comes to the general election, but I love her new clause, because it deals with many of the points that need to be addressed. Our constituents want a clear, open, transparent system without any dodgy handing out of passes to staff who are not really working for a Member but for a third party and so on.
Paul Flynn
Is my hon. Friend aware of the case of Lord Blencathra, who was reported to the parliamentary authorities as a representative and lobbyist for the Cayman Islands? The House of Lords authorities decided that there was a prima facie case against him, but then decided not to act, although action is still possible in future. However, what he was doing was certainly against the rules in this House. Should not the Bill address the scandal of allowing permissive rules in the House of Lords because, it is said, its members are not paid? However, lobbying is going on there in a dangerous way, which is grossly unfair to the population as a whole.
Chris Bryant
What about electing the House of Lords? That is quite a good idea. My hon. Friend is absolutely right. I have always thought that it is wrong of the House of Commons simply to say that the rules of the other House should be written by the other House. To be honest, the House of Lords is part of the legislature—as much as we are—and if it is to retain that power, it is important that that is done within strict limits.
Lady Hermon
It is very kind and perfectly charming of the hon. Gentleman to accept an intervention.
I know that the hon. Gentleman is a stickler for detail and for getting things spot on, so may I ask him to correct a technical error, which I am sure was a slip of the tongue on Second Reading last week? The hon. Member for East Antrim (Sammy Wilson) spoke before him, and the hon. Gentleman referred to him as the “Irish Member”. As a member of the Democratic Unionist party, I do not think that the hon. Member for East Antrim would regard himself as Irish but truly British—true, true British.
Chris Bryant
I do not always get things right, it should be said—that is a well-established fact. In this case, I am more than happy to apologise to the hon. Member for East Antrim (Sammy Wilson) via the hon. Lady, who represents a seat in Northern Ireland but is as British and, quite possibly, more British than I am.
I commend amendment 48, which was tabled by my hon. Friend the Member for Nottingham North (Mr Allen), who chairs the Select Committee on Political and Constitutional Reform. It meets many of the concerns that many ordinary members of the public would express if they saw the Bill, and certainly the concerns expressed by Members on both sides of the House. Preparing someone to appear before a Select Committee is lobbying just as much as other activities. When I worked for the BBC we regularly acted out appearances before the Select Committee on Culture, Media and Sport. I always got to play Gerald Kaufman, which was one of the more enjoyable parts of my working career.
Miss Smith
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.
Chris Bryant
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.
Miss Smith
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.
Miss Smith
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.
Miss Smith
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.