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

Debate between Gareth Thomas and Bernard Jenkin

Tuesday 8th October 2013 Commons Chamber

[Mr Jenkin]

I have moved new clause 1, but I shall wait to hear what the Minister says in response to the debate. I suspect that I will be greatly reassured by what he says in respect of parliamentary privilege, and that by removing any reference to the Bill of Rights or any wording thereof, the two Government amendments put this Bill back in the normal category of all Bills, that privilege applies and that the unstated presence of the 1689 Bill of Rights looms over this Bill as it does over any Act and our privileges are therefore secure, there is no ambiguity about that and it is accepted by the courts.

Indeed, I do not expect that the courts wish to be drawn into adjudicating on detailed matters of privilege. It remains uncomfortable and untidy that hon. Members might try to avail themselves of parliamentary privilege when they are not entitled to it and we end up with embarrassing court actions, but that is not an excuse for legislation in this area. The courts have demonstrated, as we saw in the Chaytor case, that they are capable of disposing of those cases in a manner that we would find perfectly acceptable.

Echoing the comments of my right hon. Friends the Members for Wokingham (Mr Redwood) and for Chesham and Amersham (Mrs Gillan), I still have concerns about the implications of the Bill. These measures were drawn up, presumably, to protect Members of Parliament. Paragraph 2 of schedule 1 states:

“A Member of Parliament who makes communications within section 2(3) on behalf of a person or persons resident in his or her constituency does not, by reason of those communications, carry on the business of consultant lobbying.”

How have we written a Bill that could possibly construe Members of Parliament going about their ordinary course of business as carrying out consultant lobbying? Yes, we are paid by Parliament and therefore we are paid, and yes, we are paid, in part, to represent our constituents, but is it assumed that any court might by accident include us in the definition of lobbying and therefore require us to register as lobbyists in order to represent our constituents?

I am pleased that that is being taken out because it was absurd to confine the exemption merely to representing residents in our constituencies, as defined by section 4 of the Representation of the People Act 1983. If I were representing a 15-year-old, I would be caught by the Act. It was an absurd piece of drafting. Why was it necessary to put it into the Bill? I hope the Minister will be able to give us an assurance that the Government are taking it out of the Bill now. That is the right thing to do.

[Mr Gareth Thomas (Harrow West) (Lab/Co-op)]

The hon. Gentleman has made an extremely interesting speech, which thus far has touched on issues surrounding Members of this House. Has he given any thought to the possible implications of the Bill as originally drafted, and as it will be without the offending paragraphs if the Government carry the House, for Members of the other place?

[Mr Jenkin]

I note the earlier debate on the guillotine. All I can say is thank God for the other place. The hon. Gentleman raises a point that Members there may want to address, though if the Minister can give us the assurance that we need that he has complete confidence and has had advice that no court could possibly construe a Member of Parliament as a lobbyist, I imagine that would also apply to a Member of the other place. But the hon. Gentleman raises a perfectly valid point.

The point, of course, is that we are paid by Parliament to serve the national interest, and to exercise our independent judgment on behalf of that interest, to represent our constituents and to play our part in proceedings as members of political parties, because without parties democracy would not function. Will the Leader of the House give an assurance that all the normal dealings of a Member of Parliament, whether or not he or she is paid or sponsored by outside interests in the usual legitimate way, will not fall within the scope of the Bill and that we will not be required to register as lobbyists? It is important that he gives that assurance so that the courts are clear that that was the intention of the Act.

[Mr Thomas]

It is a pleasure to follow the hon. Member for Harwich and North Essex (Mr Jenkin), who made an extremely interesting speech to which I listened carefully. Like him, I am encouraged by the Government’s decision to table the amendments deleting the two offending paragraphs to schedule 1. We tabled amendment 78 as a probing amendment, but I do not intend to move it if the Leader of the House is suitably convincing when he comments on Government amendments 28 and 29. Nevertheless, there is a series of questions that merit asking about how we got to this point and whether the amendments will resolve all the concerns.

I will deal first with some of the context of these discussions. Until the Government tabled their amendments, it appeared that they were determined to write into legislation a set of paragraphs that would have meant more Members of Parliament being affected by the Bill than actual lobbyists being registered under it. Lynton Crosby and all those in-house energy company lobbyists to whom the Government listen will not have to register because the Bill is still so badly drafted, but Members of Parliament raising concerns, perhaps on behalf of people under the age of 18 or asylum seekers fleeing torture who are resident in their constituencies, might have had to register.

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[Mr Thomas]

The hon. Lady makes a very good point and underlines the problems there would have been had the Government not listened to the concerns of Members on both sides of the House and tabled their amendments.

[Mr Jenkin]

The hon. Member for North Down (Lady Hermon) has made an extremely valuable point. It shows how narrow a view some of the people who draft this legislation have of what Members of Parliament actually do. They think that we are simply a post box for our constituents. They do not understand that we are meant to exercise our judgment and represent interests from outside our constituencies as well as views and opinions, and indeed the national interest. They have no conception of that, which I am afraid is reflected in the Bill’s original drafting.

[Mr Thomas]

I agree with the hon. Gentleman, and I want to explain how those two paragraphs arrived in the Bill.

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[Mr Lansley]

The hon. Gentleman knows from our previous conversation that we talked to the House authorities about parliamentary privilege. The implication of what he says is that the Bill was in a sense deficient because Members of Parliament were caught, but they were not. In the original Bill, Members of Parliament were exempt by virtue of the fact that they were engaged in a public duty as office holders, not in the course of a business. To that extent, we included provisions intended to give additional reassurance, but that simply muddied the waters and it was simpler to do it in the way that we, together with the Chair of the Standards and Privileges Committee, accepted. We accepted an amendment in Committee, and all I am doing today—I hope—is making it clear that the combination of those amendments in Committee and the amendments now being considered respects the views of the Standards and Privileges Committee and protects the rights of this House in relation to privilege. It also entirely protects the position of Members of Parliament who are undertaking their duties, however they construe them. On that basis, I hope Members will support Government amendments 28 and 29.

[Mr Jenkin]

I am grateful to my right hon. Friend for being utterly clear about the intention of this Bill, which is that Members of Parliament and Members of the other place are not intended to be included in the provisions of the Bill. He has listened and read the report from the Joint Committee on Parliamentary Privilege and the Standards and Privileges Committee of this House, and has understood the concerns raised. I emphasise the importance of removing the second paragraph in schedule 1, subject to amendment 29, because were it to remain it would have the effect of narrowing the exemption to an absurd degree. That is why it is important to remove it; it is not only redundant but would be highly damaging because it would suggest that what is not excluded by the clause would implicitly be included under the Bill. I will not press new clause 1 to a vote, because the Leader of the House is dealing with these matters in an exemplary manner, and I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 4

Duty to apply a code of conduct

‘(1) The Registrar shall, after wide consultation with relevant stakeholders including the Political and Constitutional Reform Select Committee, prepare a code of conduct with which all registered persons will be required to comply, and may produce revised codes from time to time.

(2) The Secretary of State must lay any professional lobbying code of conduct before Parliament.

(3) Any code shall provide that any inappropriate financial relations between registered persons and Parliamentarians are strictly forbidden.

(4) An organisation or person included on the register which contravenes the provisions of the code of conduct shall be liable to civil penalties as set out in section 14.’.—(Mr Thomas.)

Brought up, and read the First time.

[Mr Thomas]

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

Prime Minister’s Adviser on Ministers’ Interests

Debate between Gareth Thomas and Bernard Jenkin

Tuesday 17th July 2012 Commons Chamber

[Mr Jenkin]

We held a hearing with the new adviser on Minister’s interests, but we were anxious—at least, I was anxious—to make it clear that it was not a pre-appointment hearing. Personally, I have absolutely no doubt of Sir Alex Allan’s bona fides and integrity. Unfortunately, we expressed the view that the manner of his appointment undermined the idea that he is actually an independent adviser, although he is certainly an adviser. He has a day job, too, in that he advises Ministers on their respective private interests and potential conflicts of interests, and ensures that there is a register of Ministers’ interests. That is his main job, and I have no doubt that he does it extremely efficiently. As I say, however, the manner of his appointment does not lead the public to believe that he is truly independent.

[Mr Gareth Thomas (Harrow West) (Lab/Co-op)]

Does the hon. Gentleman have any plans to persuade his Committee to do further work in this area, perhaps in line with Sir Philip Mawer’s suggestions for trying to establish ground rules for assessing whether Ministers should be suspended as and when an investigation is taking place—a suggestion made in answer to an earlier question from the hon. Member for Vale of Glamorgan (Alun Cairns)?

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[Mr Gareth Thomas (Harrow West) (Lab/Co-op)]

This has been a brief but interesting debate. I commend the work of the Public Administration Committee, chaired by the hon. Member for Harwich and North Essex (Mr Jenkin). He has rightly received praise for the tenacious way in which he and his Committee have pursued these issues. I hope he will forgive me if I praise my hon. Friend the Member for Newport West (Paul Flynn), too, for he has also pursued these issues with considerable vigour and tenacity.

I studied the contributions of all Select Committee members. I carefully read the questions they put to Sir Philip Mawer and Sir Alex Allan, and noted in particular the contributions of my hon. Friend the Member for Luton North (Kelvin Hopkins), who is also a consistent campaigner on these issues, my hon. Friend the Member for Glenrothes (Lindsay Roy), and the hon. Member for Leeds North West (Greg Mulholland). They all made good contributions to this debate, too.

This debate would not have the resonance it currently has outside the House if it were not for the Prime Minister’s mishandling of key questions about possible violations of the ministerial code—a point that was implicit in the speech of my hon. Friend the Member for Glenrothes.

The Opposition remain determined to take the steps necessary to continue the process of restoring trust in the political process. When we were in government, we took steps to reform Parliament, passing new laws to protect our democracy. We acted to increase transparency and strengthen public accountability for Members of the House of Commons. On ministerial accountability, we also introduced further reforms. The then Prime Minister, my right hon. Friend the Member for Kirkcaldy and Cowdenbeath (Mr Brown), introduced the publication of an annual report and a list of Ministers’ interests, again to increase transparency and Ministers’ accountability to this House. He also appointed Sir Philip Mawer as the independent adviser on Ministers’ interests, calling on him, as a number of Members have mentioned, to investigate the then Member for Dewsbury in May 2009, against whom a particular allegation—it was unfounded, as it turned out—had been made. Sir Philip investigated and the Minister was cleared and returned to his ministerial duties.

I have a number of questions for the Minister and, if I may, the Chairman of the Public Administration Committee, but the context of our debate is worth touching on. It is the Prime Minister’s refusal, using the Leveson inquiry as his reason, to ask Sir Philip’s successor, Sir Alex Allan, to investigate the conduct of the Secretary of State for Culture, Media and Sport, and the Prime Minister’s failure to call in the independent adviser in the case of the right hon. Member for North Somerset (Dr Fox), that form the backdrop to our debate. The fact that so many Members wanted this debate is in no small part due to the Prime Minister’s refusal to use consistently a system which the last Prime Minister established and used, but which the current Prime Minister now appears unwilling to use—except when he is sure of the outcome.

In short, the motion before the House today is the direct result of the belief of too many Members, on both sides of the House, that the Prime Minister has mishandled his responsibility for the ministerial code.

[Mr Jenkin]

I resent the hon. Gentleman making that implication, because I do not think that it does reflect why all the signatures are on the motion. What it does reflect, however, is the fact that the previous Labour Government did not accept this recommendation from the predecessor Committee. It is incumbent on him to explain whether the Labour party has now changed its mind and will support this motion, or whether he is just going to use this opportunity to make political points in this debate.

[Mr Thomas]

I will come to the position that Opposition Front Benchers are taking, but the Chairman of the Public Administration Committee is wrong not to recognise the considerable concern on the Opposition Benches—and the Government Benches—at the Prime Minister’s decision not to refer the case of the right hon. Member for North Somerset to the independent adviser, which I understand prompted the Committee’s original inquiry into this issue in this Parliament. The Prime Minister’s more recent decision to refer the case of the noble Baroness Warsi and not that of the Culture Secretary has galvanised interest in the Committee’s work in this area.

The shadow Leader of the House, my hon. Friend the Member for Wallasey (Ms Eagle), set out in her speech on 13 June some detailed concerns, which I do not intend to dwell on now, about the Prime Minister’s failure to uphold the code and to ensure that an appropriate investigation took place.