Commercial Lobbyists (Registration and Code of Conduct) Bill Debate

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Department: Cabinet Office

Commercial Lobbyists (Registration and Code of Conduct) Bill

David Nuttall Excerpts
Friday 1st February 2013

(11 years, 9 months ago)

Commons Chamber
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Thomas Docherty Portrait Thomas Docherty (Dunfermline and West Fife) (Lab)
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I beg to move, That the Bill be now read a Second time.

I would like to begin by thanking the Clerks for their assistance in drafting the Bill. I know that you are a fan of our Clerks, Mr Speaker, and it is important to place on the record my thanks to Kate Emms and Simon Patrick for their help in drafting this Bill—and one or two others on today’s Order Paper. I am also grateful to the Minister for taking the time to meet me to discuss this issue. Without wishing to damage her career, I want to say it was a productive and useful conversation; I hope the Whips were not paying too much attention to that comment!

I shall address each clause in turn, and will be happy to hear any observations or questions from colleagues. I would observe, however, that a number of other Bills are on the Order Paper, so I hope that we can have a productive and focused discussion, bearing in mind the serious issues to be dealt with later.

David Nuttall Portrait Mr David Nuttall (Bury North) (Con)
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The Bill became available in the Vote Office only a couple of days ago, as the hon. Gentleman will know, and when I asked about it, I was told that there were no explanatory notes. I hope that he will bear that in mind as he goes through the Bill.

Thomas Docherty Portrait Thomas Docherty
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The Bill is simple enough, but I commend to the hon. Gentleman both the Public Administration Committee report and the Library note.

On the question of what a lobbyist is, I think we sometimes get things back to front. We have tended to try to define what a lobbyist is, rather than lobbying. For the purposes of the Bill, the groups of people and organisations we are trying to capture are those that are paid or receive financial recompense for carrying out this activity.

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Thomas Docherty Portrait Thomas Docherty
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I am always happy to engage in a lively debate, and this has been quite an informative one. As I say, there is a danger of trying to second-guess two Select Committees, UKPAC, the APPC and Unlock Democracy, all of which have concurred on what is an acceptable definition of lobbying. Nevertheless, there was a genuine question—I apologise for not yet addressing it—about who within an organisation would be expected to be registered. That brings me back to the proposals of the last Minister for the Cabinet Office. We do not know yet what revised proposals may emerge.

The question posed by the APPC for the purpose of its register is “Do you have a public-facing role in which you articulate a policy on behalf of the client?” That applies to companies large and small. When I was an account director and wanted to lobby a Member of Parliament, it would not always be me who telephoned the Member’s office or drafted a letter to the Member, although it would be me who signed the letter. It might be an account manager or an account executive who did the chasing up or issued the request for a meeting, as is the case in many organisations, and because that person would be dealing directly with the Member’s office, according to the APPC’s own definition he or she ought to be registered. The person who came in to clean the office in the morning, or the security officer, would not be performing a public-facing role or trying to influence public policy. I see one or two puzzled faces—

David Nuttall Portrait Mr Nuttall
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Will the hon. Gentleman give way?

Thomas Docherty Portrait Thomas Docherty
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I am always happy to give way, but let me finish my point first.

As I was saying, I see one or two puzzled faces, but everyone who works in the industry, either in a third-party role or in-house, considers the definition that I have given to be reasonable. I would never suggest that Opposition Members know less than those who work in the industry, but I am myself slightly puzzled about why some of them, who I know are phenomenally intelligent, cannot get their heads around that fact.

David Nuttall Portrait Mr Nuttall
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I thank the hon. Gentleman for giving way; he is being very generous. I am not sure whether I heard him correctly. Was he suggesting that someone who rings up a Member of Parliament to make an appointment needs to be registered?

Thomas Docherty Portrait Thomas Docherty
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That is the current requirement. The Minister may be able to say more when she responds to the debate, but I think that it is what the Government are proposing as well.

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Thomas Docherty Portrait Thomas Docherty
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I know that the hon. Gentleman has always been a passionate supporter of debates on the clause 4s of this land. As he suggested, the issue that he has raised could be considered in Committee—and I think that I am seeing a volunteer for the Committee, if he can fit us in with his various other important roles in the House.

Even if we accept that there will be a marginal cost to the taxpayer in connection with the work of the Cabinet Office, surely the benefits of a transparent and cleaned-up lobbying industry will far outweigh it.

Let me now say a little about the composition of the lobbying registration council.

David Nuttall Portrait Mr Nuttall
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Will the hon. Gentleman give way?

Thomas Docherty Portrait Thomas Docherty
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I have started, so I will finish. I have always wanted to say that.

Organisations such as Unlock Democracy have argued that the council’s membership should consist entirely of people who do not work in the industry. That is a reasonable argument, but others advance the counter-argument that the council needs people with a professional understanding of the industry, as is the case with ASPA. At the risk of sounding like a Liberal Democrat—or perhaps more like Tony Blair—I seek a middle way. I believe that there should be a mix, just as there is on the General Medical Council, whose membership includes both people with a background in medicine and people with no association with the profession. Before becoming Chairman of the Standards and Privileges Committee, my right hon. Friend the Member for Rother Valley (Mr Barron) served for many years on the GMC’s disciplinary committee in the latter capacity. Getting that balance right is a long-established convention in the professions.

I do not wish to prescribe the precise composition of the council. I therefore propose that Parliament should have an absolute right to determine its composition, but that the Minister should introduce delegated legislation in the form of an order to establish it. I hope that the House will look favourably on that proposal.

Let me now reply to another question. Again, I apologise for not answering it earlier: so many lively questions have been thrown at me today. I was asked what interests companies and individuals would be required to declare. I consider it vital for not just companies but individuals to be registered, for a very simple reason. It is a relatively rare occurrence, but, at present, if an individual who is not registered breaks the code of conduct, that individual can simply move to another company, in which case—if I may use a colloquialism—there will be no comeback. That is why I think that not just companies but the individuals within them should be registered.

David Nuttall Portrait Mr Nuttall
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Will the hon. Gentleman give way?

Thomas Docherty Portrait Thomas Docherty
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Of course I will.

David Nuttall Portrait Mr Nuttall
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I am grateful to the hon. Gentleman, although this is not the point that I was going to raise when I tried to intervene earlier. The Bill does not actually contain even a draft code of conduct. Could the hon. Gentleman give at least some flavour of the provisions that he would expect the code of conduct to contain?

Thomas Docherty Portrait Thomas Docherty
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As ever, the hon. Gentleman has anticipated what I am about to say. The question of the code of conduct goes to the heart of the issue. At present there is, dare I say, some divergence between my starting point and that of the Minister, but she is an entirely reasonable Minister, and I know that she is reflecting on the matter.

The code of conduct is crucial, because without a code of conduct a council registration is entirely pointless. If we do not define an acceptable activity, what is the point of spending time on maintaining a register? Let me say a little about what the code of conduct should include and what it may include, and, perhaps, give the House an example of appalling behaviour on the part of someone who has repeatedly failed to sign up to such a code.

For the same reasons that I articulated about the composition of the council, I have tried today to avoid prescribing the full terms of the code of conduct. Some of it will be self-evident; we all know what is and is not acceptable behaviour. I have referred, however, to the specific example of parliamentary passes, which the hon. Member for Rochford and Southend East touched on earlier. I believe it is entirely legitimate for an individual to own shares in a company. I am glad we have a free market, as I believe in the capitalist system—I am probably doing my cause with my party no good at all by saying such things.

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Thomas Docherty Portrait Thomas Docherty
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The hon. Gentleman is, as ever, courteous and kind, although perhaps mischievous on this occasion.

There has been a genuine discussion about the principles of lobbying—what we think is acceptable and unacceptable. Let me close with an anecdote about something that affected me personally. As a parliamentary candidate, I opposed one of Mr Cummings’s planning applications for 2,000 new houses in my constituency, in the north of Dunfermline. I supported the local residents near that wonderful greenfield site, which was open for recreation and well used. I should say that Mr Cummings’s client had every right to bring forward an application, and I will not mention their name; I think they were innocent in this matter.

Two things happened that the Minister might want to reflect on. Mr Cummings was organising workshops for the local residents. He portrayed them as an opportunity for an independent mediator to listen to the residents’ concerns. He said that that would allow him and his client to listen constructively to those concerns and to go away and adjust the plans. He did not tell the residents who turned up for the meeting that the so-called independent facilitator was his live-in girlfriend, who was being paid by Invicta to conduct the so-called independent facilitating meetings that were supposed to allow proper feedback.

Any reasonable person would think that a live-in lover who was being paid to hold the meeting would be unlikely to be entirely independent. That is why a register of every employee involved in lobbying is important.

David Nuttall Portrait Mr Nuttall
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There is a difference between someone who is paid as a one-off and someone who has a contract of employment. Would someone have to register if they were holding a one-off event?

Thomas Docherty Portrait Thomas Docherty
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That goes back to the quarterly register. For the quarter during which the person had been employed, they would be on the register. That is why the register must be updated regularly. It is reasonable for a member of the public who goes to a policy or planning workshop to want to see the employees of the company in question and to expect the relevant website to be updated regularly.

David Nuttall Portrait Mr Nuttall
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If the register were updated retrospectively, how would that benefit the member of the public? Two months later would be too late.

Thomas Docherty Portrait Thomas Docherty
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The issue is about reasonable balance. Most planning and public policy processes take several months. If the register were updated every quarter, people could see the information in retrospect and say to the developer, non-governmental organisation or commercial company, “Hang on a second—you told me this person was an independent facilitator. It turns out they are an employee of the company.”

Let me be clear. What I have described was not a one-off event, but what Mr Cummings was doing with all his controversial proposals; he would bring in the so-called independent facilitator who supposedly had no links to him or his business. He portrayed her as an academic who specialised in bringing together opposing parties. However, the hon. Gentleman has raised a valid point.

Let me give the final part of my example, because I have detained the House for far longer than I had envisaged. With the local community council, I was mounting a campaign against the size of the development. I have worked in property and believe we need more houses, but the sheer size of this development was the issue. My campaign, in July, about nine months before the general election, was quite effective; the local council was coming under pressure to mitigate, at least, the size of the development. One Saturday evening at about half-past 6, I received a text message. I had known Mr Cummings so I had his name in my phone. I am aware that I am not allowed under “Erskine May” to use unparliamentary language even in quotations, so I will not push my luck on this. Those who are vaguely familiar with sectarianism will know of a thing called the “Famine Song”, which is sung by the more illiterate of those who claim to support Rangers football club and says some fairly nasty things about Catholics, suggesting in particular that they may wish to “go home”. I cannot go into the content of the lyrics of the song without breaching “Erskine May”, but it is hugely offensive.

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James Duddridge Portrait James Duddridge
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The fact that this matter has driven my hon. Friend to disagree with me is evidence enough that it is complex. It is a criticism of the Bill as a whole if there is no shared understanding of how we should proceed on these matters.

The lobbying industry responded to the report of the Public Administration Committee in March 2010. The three main lobbying organisations were involved in that. I shall not repeat their names because the hon. Member for Dunfermline and West Fife has given some background on them. There was an agreement to maintain a register of those engaged in lobbying and of the organisations and clients on whose behalf they lobby.

It is right that there is clarity on who the lobbyists are working for, particularly given the issue of what might happen in the last 15 minutes of the meeting. Lobbyists will sometimes start the meeting on a nice warm and cosy issue, and then hit the Member of Parliament with the landmines issue or, dare I say it, the nuclear issue—a harder subject that the Member of Parliament might be less likely to accept a meeting on when pressed for time.

David Nuttall Portrait Mr Nuttall
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The promoter of the Bill made that point and my hon. Friend is repeating it. Surely a Member of Parliament is free to say, “I am sorry, but that issue is not the purpose of this meeting and I will end it there because I have other things to get on with.” They can then get up and go.

James Duddridge Portrait James Duddridge
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My hon. Friend is right. However, he has as much experience of constituency meetings as I have, and will know that quite often, lobbyists come to meetings with constituents. If it is a meeting with somebody who is purely commercial, the Member of Parliament can say, “Sling your hook! We agreed to have a meeting for an hour on this subject and you are going off the subject and abusing the office and the time that I gave you.” However, I have occasionally found myself, perhaps wrongly, allowing an issue to be raised because a constituent is there and is happy for it to be discussed.

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James Duddridge Portrait James Duddridge
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The hon. Gentleman indicates that it would be helpful, so I undertake to do so.

Let me return to the issue of commercial lobbying and the experience from outside the UK. There is a wealth of information about what happens elsewhere. I have looked at the history of how other countries have developed their commercial register and the problems they have encountered. In virtually every case I have come across three or four problems, not only for the implementation of this Bill, but for the broader issue of establishing a register, which is a commitment from the coalition.

David Nuttall Portrait Mr Nuttall
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Does my hon. Friend agree that the conclusions he has drawn from the experience in other countries support my view that we would be better off not having a register at all?

James Duddridge Portrait James Duddridge
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I certainly agree that we are better off not having a register than having one on a flawed basis. Just because it is complicated, it does not follow that we should not try; but if we try, yet fail to deal with the complexity, I will certainly support my hon Friend’s view that we should not proceed.

I hope that I do not further agitate my hon. Friends on the Benches behind me by mentioning the European Parliament and the European Commission, which have a transparency register—it is rather like a people’s democratic republic, which will normally do the opposite of what it says on the tin. The transparency register builds on earlier, separate registers from the European Parliament and the Commission, and was launched on 23 June 2011 to register and monitor organisations and self-employed individuals engaged in EU policy making and policy implementation. I am amazed at the number of people of my age who seem to flit backwards and forward from here to Brussels lobbying. These are not people who are interested in politics or specialist EU lawyers; they are people from mainstream organisations and industry specialists who are having to spend more and more time with the European Parliament and the Commission.

David Nuttall Portrait Mr Nuttall
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It appears from the definition of lobbying in clause 4(1) that a company that was set up in this country for the purposes of lobbying Members of the European Parliament would not need to register. Does my hon. Friend think that is right?

James Duddridge Portrait James Duddridge
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I am a little confused. I stand to be corrected, but I think that such a company would need to register while we remained part of the European Union. Interestingly, the register there is free, so the European Union is looking at getting the maximum amount of information and funding that from general taxation—our taxation.

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David Nuttall Portrait Mr David Nuttall (Bury North) (Con)
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I listened with interest to the hon. Member for Newcastle upon Tyne Central (Chi Onwurah). She gave the impression that she was impatient for Government action, but made no mention of the fact that the Labour party was in power for 13 years and had plenty of opportunity to legislate if it thought that this matter was so important.

Chi Onwurah Portrait Chi Onwurah
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The Labour party in government consulted on a statutory register and, as I said, made it clear that the lobbying industry was drinking in the last chance saloon. It took some time to reach that position. Is the hon. Gentleman saying that there is not enough time in the current slightly open legislative programme for this Government to build on that, or is he saying that he disagrees with the conclusion that we came to?

David Nuttall Portrait Mr Nuttall
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I start from the position that we jumped into this debate this morning and overlooked whether we needed a register in the first place. It seemed to be accepted from the moment that the debate started nearly three hours ago that it was all about how one defines a lobbyist and lobbying, whereas I want to start with what is the problem. The Bill’s promoter cited one or two specific instances that he was concerned about, but as always I would argue that one or two cases make bad law. We should not pick on one or two instances, which seemed to border on criminal behaviour, to claim that the solution is to introduce a register for lobbyists. Just as we cannot rid society of theft or burglary by making them criminal offences, if there is a problem with lobbying and lobbyists the answer is not to provide yet more regulation. It is almost as though legislators look around society to find a group that is not legislated for and then come up with a scheme to bring them under the control of the legislature.

On Friday mornings, Back-Bench Government Members will often try to pilot through a Government handout Bill; it is somewhat more surprising to see an Opposition Member promoting a Bill that is broadly in line with the coalition programme for government, although I accept that there are differences.

Thomas Docherty Portrait Thomas Docherty
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That is because I am an awfully helpful individual.

David Nuttall Portrait Mr Nuttall
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As ever, the hon. Gentleman is trying to be helpful to the Government.

James Duddridge Portrait James Duddridge
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Has my hon. Friend noted that the Government need help in this regard? At no point today have our coalition partner Members of Parliament been here to offer support; none have wandered through the Chamber, taken interventions or made speeches. Exactly the same thing happened last Friday, when they were also completely absent.

David Nuttall Portrait Mr Nuttall
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Those Members must answer for their absence, but it would have been interesting to hear the views of our coalition partners on this matter. They have been absent this morning, so we can only guess at their views.

I am not clear what the problem is. My postbag is not overflowing with complaints about lobbying, although it is overflowing with opinions about lots of other matters, some of which are being discussed next Tuesday. I have been involved in politics for more than 30 years, and I can honestly say that in all that time I do not recall a single occasion when anybody brought to my attention a complaint about lobbying or lobbyists. I fail to see why the issue is such a big problem in our society.

There is a problem with the whole principle of the Bill, and its benefits are not clear. It was said earlier that this debate—and this is a good thing, to some extent—had become a general one about lobbying rather than a traditional Second Reading debate. I submit that that is because, although the Bill appears at first sight to contain lots of detail, it is in fact extremely vague. Much of the Bill raises more questions than it answers. All the way along, we are told that the answers will come further down the line and that we will find out in the fullness of time all the details about which I have questions. Even if I agreed with the principle of the Bill, which I do not, I would think that any Bill that left open as much to future legislation and definition, by way of orders and regulations through statutory instruments, as this one does should not proceed into Committee.

Clause 1 defines what is meant by “lobbying” in terms of the public register, and the purpose of the Bill is to establish such a register. It states:

“There shall be a register of organisations and individuals who carry out lobbying of Parliament, the Government and local authorities for financial gain, which shall be made public.”

We have not heard about the influence of all the quangos. In many spheres of life, the Government have effectively palmed off responsibility for regulation and control to third-party organisations—quasi-autonomous non-governmental organisations—that govern so many areas of life today. Many of the decisions that they make are just as important as the decisions made by Ministers or Departments.

Philip Davies Portrait Philip Davies
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I agree with my hon. Friend. On a similar theme, he might like to comment on the civil service. We have all seen in “Yes Minister” how the civil service lobbies the Government in a surreptitious manner to try to protect its interests. Perhaps, on that basis, it might need to be placed on the register.

David Nuttall Portrait Mr Nuttall
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My hon. Friend makes a good point. It is probably common ground among Members on both sides of the House and from all parties that when one arrives in this place one soon begins to realise that the real power lies with the civil service. In fact, it is often the civil servants the lobbyists want to see, because they know that influencing the thinking of the civil service can be far more effective than, for example, influencing what a Back-Bench Member of this House may think.

I cannot see what would be the benefit to society of having a register of lobbyists. I can see lots of downsides, but I cannot see its purpose. Would it really be the case that every time somebody rang up to make an appointment with a Member, they, or their staff, would bother to consult it? It just would not happen, and even if it did, I cannot see what the purpose would be. Members of the lobbying profession are often, by definition, in the business of promoting themselves. Their websites often contain huge lists of their clients; it is not as though they are trying to hide on whose behalf they are acting. When somebody rings up, one knows straight away, or can quickly find out by asking one or two questions, on whose behalf they are calling. I am not confident that there would be any real use in having such a register.

That brings me on to the question of how the register would be arranged and organised and, more importantly, who would keep it. The Bill suggests that a new organisation, the lobbying registration council—not a new quango but a new industry-funded body—would be responsible for maintaining and supervising the register and keeping it up to date. However, we have no idea of what particulars would be entered on it. It is a blank canvas. Obviously, there would be the name and address of the company or individual and details of their clients, but how long would it be before someone said, “Well, frankly, that’s not much use”? It would be the thin end of the wedge. I suspect that those who thought that it was a good idea to have a register would soon be saying, “What we really want is to know who these lobbyists have met, and we want that recorded on the register. We want to know for how long they met a given individual, where they met, what was the purpose of the meeting, and what was its outcome.” Before long, what started off as a simple register of names, addresses and lists of clients would develop into an enormous database of facts and figures and lists of meetings. It would become a bureaucratic nightmare for those involved in the lobbying industry.

How will my constituents benefit from all that regulation and registration? When I look at things, I always ask, “How will my constituents benefit from this?” I can see that those who may want to engage in the lobbying industry will suffer as a result of the Bill, but I fail to see how my constituents would benefit in any meaningful way from a register of lobbyists.

We do not know what all this will cost. Again, it has been glossed over. We have heard about and debated lots of other things, but we have no idea about that crucial question. One of the first things that a lobbyist would ask is, “How much will this cost?” We have no idea.

Thomas Docherty Portrait Thomas Docherty
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I know that the hon. Gentleman does not plan to detain the House, so it might be helpful if I point out to him that the current cost of the APPC register is only £200 to £300 per individual. I hope that that gives him an idea of the cost.

David Nuttall Portrait Mr Nuttall
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That is a useful contribution, but the cost of £200 to £300 is for an entirely different register from that which the Bill proposes, which is statutorily based. The lobbying registration council will be funded by those who will pay to be on the register, so in order to determine the cost of registration we have to look at the LRC itself, which, as I have said, is a blank canvas.

Philip Davies Portrait Philip Davies
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My hon. Friend might want also to consider the potential cost to other parts of the state, such as the police force. According to clause 3, a breach of the proposed code of conduct will be a criminal offence. I presume that the police would have to investigate complaints of any breaches and that the Crown Prosecution Service would have to consider whether to press charges, so the cost to the public purse would be much bigger than the figure of zero that we were led to believe earlier.

David Nuttall Portrait Mr Nuttall
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My hon. Friend makes a very good point. If I have the chance later, I will address the fact that, before long, it will be argued that he who pays the piper calls the tune. This is meant to be a self-funded organisation, so it follows that, as soon as the first scandal arises—and, as sure as eggs is eggs, it will—everybody will say, “Ah! That’s happened because the organisation that’s meant to be supervising the register is paid for by the industry itself. It’s not an effective regulator after all. It’s not keeping an effective register. It’s not doing its job.” Before long, there will be calls for the organisation to be removed from “self-regulation” and for it to be paid for by the public purse. As my hon. Friend has said, however, even before we get to that stage there will be increased costs for the public purse, even if complaints are unproven and the police say there is no cause for prosecution. Given that we do not know what will be in the code, we do not know how likely that is to happen—it might be very likely.

Philip Davies Portrait Philip Davies
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Given that two of the postcodes in my constituency are in the top 20 burglary hotspots in the country, I would prefer the police to concentrate on sorting out that issue than to dance around the issues in clause 3 of this Bill.

David Nuttall Portrait Mr Nuttall
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I am sure that my constituents would agree with that. They would much rather that the police were on the streets fighting the crime that they are concerned about than wondering whether a lobbyist in London, Manchester, Liverpool, Nottingham or Glasgow has breached a provision of some code, the details of which we know not. I am extremely concerned about that.

The cost of the lobbying registration council will be dependent on its size and nature. There will be no obligation on it to scrimp or save, because no matter what the organisation costs, it will be passed on to those who by law—they have no choice in the matter—have to register. That is a licence to print money. The council can employ as many people as it likes. It can have as many expense accounts as it likes. It can have offices as lavish as it likes. It could have a whole office block in the centre of London and it would not matter. It could give all of its employees company cars and it would not matter.

Philip Davies Portrait Philip Davies
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We might end up with the ridiculous situation in which the lobbying registration council has to register on its own register because it is lobbying to take further powers and increase the size of its bureaucracy.

David Nuttall Portrait Mr Nuttall
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My hon. Friend makes a very good point. It probably will have to register on its own register, because I am sure that before long it will want greater powers and to extend its reach into new areas. We have already come across a possible new area this morning. As has been pointed out, one of the gaps in the Bill is that it does not provide for the registration of those who want to lobby the European Parliament. The council may well lobby the Government to amend the legislation to cover that area. My hon. Friend is right that, on that basis, it would have to be on its own register.

We do not know how many members will be on the council. Will it be two or three, or thirty or forty? How representative will it be? Will it have to have members from every region of the country? Will it have to have members from different lobbying organisations?

Thomas Docherty Portrait Thomas Docherty
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I am grateful to the hon. Gentleman for giving way again, because I know that he is trying to move towards a conclusion. I remind him that all those matters will rightly be subject to parliamentary scrutiny. I am sure that he has even more confidence in his Ministers than I do.

Philip Davies Portrait Philip Davies
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I wouldn’t be so sure.

David Nuttall Portrait Mr Nuttall
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I have every confidence in our Ministers. I hope that, as a result of this debate, the Government will continue to worry about the path that they have sent themselves down with the consultation. It is clear from the consultation that it is easy to say, “Let’s have a register of lobbyists,” but that when one looks at the detail, the problems arise. The devil is in the detail.

As I have said, I fail to see how a register of lobbyists would help anybody. That is what we should be thinking about. How will a register help? How will it solve any of the so-called problems? I fail to see that there are problems. I am not bothered about them, but perhaps other people are. In a healthy democracy, everybody lobbies their MP. I am sure that every MP has the same experience at the weekend. I will be going down the street and somebody will tap me on the shoulder and say, “I know it’s the weekend, but I would like to have a quick word with you about blah-de-blah-de-blah.” They want to explain their point of view and to influence me. That is the nature of representative democracy in this country; it happens every day of the week. Some people do it because they are interested, and others do it for reward. I fail to see, however, how having a register will help to solve those problems in any way, shape or form.

Not only do we not know how many members will be on this lobbying registration council, it is not clear who will appoint them. How will they be appointed? Will they be appointed by the Government? Indeed, will they be appointed at all? Will they be elected? Will all members of the lobbying organisation, who have to pay for it, get to elect its members? Who will be eligible to serve on that august body? Will they need a qualification to be a member of the lobbying registration council?

This is the thin end of the wedge and I have seen no evidence this morning to convince me that a register is a good or sensible idea that will benefit my constituents in any way. A likely consequence of the Bill is that, just as we saw last week with the Offshore Gambling Bill, something that ostensibly starts out as a good idea will rapidly turn into the opposite of that. Given that the Act would apply only to England, Wales, Scotland and Northern Ireland, we may find that lobbying organisations faced with enormous regulation and fees will move offshore. They will say, “I’m not staying here and paying vast fees of thousands and thousands of pounds each year; I will move.” They will move offshore, either to Gibraltar or indeed outside the European Union altogether.

The promoter of the Bill mentioned that the fees might be £200 or £300, but it is not clear whether that will be standardised. Will the fee be the same for an individual as for a huge conglomerate or large multinational company with a huge client base? I suspect that the one-man band will pay one fee, and that the huge multinational will pay another—many thousands of pounds. For that reason, those multinationals might be inclined to think, “If we are faced with these fees and all that bureaucracy, we will move offshore.”

Thomas Docherty Portrait Thomas Docherty
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I am conscious that the hon. Gentleman is trying to conclude his remarks. The point he raises is a matter for delegated legislation. The principle is that the fee will be based on the number of people who are signed up, but I urge the hon. Gentleman to look at the clauses that state that it will be a matter for delegated legislation.

David Nuttall Portrait Mr Nuttall
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I am grateful for that clarification, but the fee is something else that we simply do not know about. We are being asked to take it on trust. We do not know about it; it is a blank canvas and will be dealt with in the future. I am not satisfied by the principle behind the Bill, and even if I were I think it is a Trojan horse. Even if one accepts that it is sensible to have such a register—which I do not—this Bill would be the thin end of the wedge. Before long, what started off as a fairly simple exercise would soon grow like Topsy into expensive, unnecessary bureaucracy that would put British jobs at risk. For that reason, and many others, I oppose the Bill and urge Members of all parties to reject its Second Reading.

--- Later in debate ---
Chloe Smith Portrait Miss Smith
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I can only assure my hon. Friend that on Fridays in the House we all seek to have debates that are to some degree collaborative.

David Nuttall Portrait Mr Nuttall
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Has my hon. Friend had a chance to look at “A Summary of Responses to the Cabinet Office's Consultation Document ‘Introducing a Statutory Register of Lobbyists’”? Paragraph 95 states:

“Concerns were also raised by a large number of respondents who said they could not identify the problem that the register was aiming to solve.”

Chloe Smith Portrait Miss Smith
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That takes me to exactly the points to which I want to return. As I have said, the Government are committed to the establishment of a statutory register of lobbyists, which we think would be an important step towards making politics more transparent. I certainly think it important to open up politics and make it more accessible to everyone. I agree with my hon. Friend that lobbying has an important function in politics, namely the putting forward of legitimate views when they are held. That helps in the development of better legislation. However, we need to address the question that he raises: what is the gap that needs to be filled in this case?

In our consultation on introducing a statutory register of lobbyists, various parties, organisations, individuals and businesses told us what the register should look like and what the gap is. That information is helping the Government reach conclusions on some very tricky questions, such as how we should define “lobbyist” and “lobbying”, what sort of information should be held on the register, and what penalties should be imposed on those who do not register. The hon. Gentleman has made various suggestions, which I want to take into account alongside those received from the Political and Constitutional Reform Committee.

Although the Government have made strides in increasing the transparency of what we do, thus making it easier for the public to hold politicians and public bodies to account, there is one important gap. Our consultation document states that

“under the current system, when Ministers meet lobbying firms it is not transparent on whose behalf they are lobbying”,

and that is the gap we should address through this sort of legislation.

The Government consultation received a large response, showing just how important the issue is to the public and why we are working so hard to get our proposals right. Following the consultation, we are currently taking stock. The evidence from the consultation and the Political and Constitutional Reform Committee report will allow us to develop the statutory register in a way that increases transparency while ensuring equal treatment of all parties, and without placing disproportionate burdens on those affected.

The Government are committed to introducing a statutory register of lobbyists.