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

Debate between Gareth Thomas and Lindsay Hoyle

Tuesday 8th October 2013 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

New clause 6—Duty to report—

‘The Registrar will report annually to the Political and Constitutional Reform Committee of the House of Commons on the operation of the Register.’.

Amendment 84, page 54, line 15, after ‘satisfied’, insert ‘after consultation with the Political and Constitutional Reform Committee of the House of Commons’.

Government amendment 31.

Amendment 85, page 3, line 7, leave out from ‘business’ to end of line 8.

Amendment 86, page 3, line 15, at end insert—

‘(h) the name of the employer and the address of employer‘s business; and

(i) the names of members of staff employed by the person registered.’.

Government amendments 17 and 18.

Amendment 87, page 3, line 21, at end insert—

‘(c) the approximate value of the registered person’s spending on their lobbying activities for each quarter.’.

Government amendments 19 and 20.

Amendment 89, page 3, line 37, after ‘client information’, insert ‘and spending on lobbying’.

Government amendments 21 and 22.

Amendment 100, page 3, line 47, at end add—

‘(c) if the registered person engaged in lobbying in the quarter in return for payment (whether or not the payment has been received), the purpose and subject matter of the lobbying services provided by the registered person; and

(d) if the registered person received payment in the quarter to engage in lobbying (whether or not the lobbying has been done) the purpose and subject matter of the lobbying services provided by the registered person.’.

Amendment 90, page 4, line 7, at end insert—

‘(7) Spending on lobbying for each quarter is the approximate value of the amount a registered person spends on their lobbying activity for each quarter.’.

Government amendments 23 and 24.

Amendment 92, page 4, line 40, after ‘appropriate’, insert ‘including in written form’.

Amendment 93, page 5, line 26, leave out Clause 10.

Government amendment 25.

Amendment 94, page 6, line 28, after ‘incomplete’, insert ‘or misleading’.

Amendment 95, page 6, line 36, after ‘incomplete’, insert ‘or misleading’.

Amendment 96, page 6, line 42, after ‘incomplete’, insert ‘or misleading’.

Government amendments 26 and 27.

[Mr Thomas]

Reasonable though the Leader of the House was about the previous set of amendments, he will have to reach unprecedented oratorical heights for the Opposition not to press new clause 4 to a vote. The new clause seeks to establish a code of conduct that would help establish standards of behaviour for consultant lobbyists. Such codes exist already in a number of other countries that have tough lobbying regulations—Canada and Australia, for example, both have codes of conduct to which registered lobbyists must adhere. Indeed, this House’s Political and Constitutional Reform Committee also recommended a statutory code of conduct.

There was some debate in Committee about the elements of a possible code of conduct, and that point bears dwelling on and expanding a little. Surely, top of the list of standards in a code of conduct should be the requirement that lobbyists and their clients tell the truth to those they meet. Another element that might be worthy of inclusion in the code is that lobbyists must be open about who their clients are. Members of the House, Ministers and permanent secretaries are entitled to know who is lobbying them and for what purpose. Surely there should be a requirement that lobbyists advise their clients if they are about to commit illegal or unethical acts.

It is not clear to Labour Members—and, I suspect, to other Members—why Ministers do not want such basic principles of good behaviour enshrined in a code of conduct. In Committee, the then Minister, the hon. Member for Norwich North (Miss Smith), suggested:

“The experience of regulators in other jurisdictions clearly shows that statutory codes of conduct for lobbying can be unworkable and unenforceable.”—[Official Report, 9 September 2013; Vol. 567, c. 786.]

Sadly, she did not feel able to give the Committee any more information than that bald statement. If it remains the Government’s position that they do not support a code of conduct, it would be helpful for the House, those in the other place and those who watch our proceedings if they set out clearly the international examples that led them to the conclusion that statutory codes of conduct are unworkable and unenforceable.

If there is no code of conduct, we will be in the rather odd position in which the registrar can punish lateness in providing or submitting information, but cannot punish lobbyists who deliberately hide who they are working for from those they are lobbying. Before being drawn up, a code of conduct would need to be properly consulted on with all relevant stakeholders, including the Political and Constitutional Reform Committee. I accept there are already a number of voluntary codes of conduct in the lobbying industry, some of which are extremely comprehensive. Sadly, however, not every lobbyist is a member of one or other of those voluntary codes.

Gavin Devine, chief executive of MHP Communications, one of the bigger lobbying firms, noted there is a risk that simply securing a place on the register might enable lobbyists to imply they had a kitemark or some sort of endorsement, without having to operate to particular standards. Other evidence presented to the Political and Constitutional Reform Committee suggested there might be an economic issue for some who decide to register and pay the registration fee, but do not want to pay any more for the cost of being a consultant lobbyist, and therefore would no longer be part of a voluntary code of conduct.

Surely, there is a risk that, once registered, a lobbyist will simply decide not to bother with any of the voluntary codes of conduct. On 9 September, the hon. Member for Bedford (Richard Fuller) tried to argue, interestingly, that peer pressure would drive lobbyists to adhere to a voluntary code of conduct. Unfortunately, given that there are several voluntary codes across the industry, that would risk having different standards. Having one clear basic code of conduct would offer clarity about the minimum standards that lobbyists should meet, avoid confusion about which voluntary register was the best one and offer clarity to the House and the Government about the standards required of those who seek to lobby us. A code of conduct might also help to regulate those who want to lobby the Northern Ireland Assembly, the Greater London Assembly or the National Assembly for Wales, were they to be included in the code of conduct.

One voluntary code that bears looking at is that produced by the Association of Professional Political Consultants. Why do not Ministers think that its 18 elements should be standardised across the industry? Item 2 states:

“Political consultants must act with honesty towards clients and the institutions of government.”

Surely, we all want to see consultant lobbyists acting with honesty towards clients and the institutions of government. Why do the Leader of the House and his colleagues in government think that such a provision should not be written into a code of conduct and that every consultant lobbyist should have to abide by that most basic of standards?

The APPC code also states that lobbyists

“must use reasonable endeavours to satisfy themselves of the truth and accuracy of all statements made or information provided to clients or by or on behalf of clients to institutions of government.”

Again, that seeks to continue the principle of truthfulness among those who seek to lobby Parliament and the institutions of government. Why should there not be such a reasonable expectation that when we are told something, it is truthful and accurate? It is not clear, certainly among the Opposition, why Ministers think that such basic standards should not be required of all those who lobby.

The APPC code also makes it clear that those who sign it should be

“open in disclosing the identity of their clients and must not misrepresent their interests.”

Again, I ask the Leader of the House why such a basic standard for the lobbying industry should not be enshrined in a code of conduct. Why should everyone who seeks to lobby us not be required to meet that most basic of standards?

Another provision that might be included in a code is the requirement that lobbyists do not make misleading, exaggerated or extravagant claims to clients. Anyone who has followed the unfortunate publicity that some lobbyists have generated will be aware that some have made exaggerated claims for their influence on the Government or Members of Parliament. Again, a basic requirement that lobbyists should not make misleading, exaggerated or extravagant claims would surely help to protect those who use the services of the lobbying industry. Why do Ministers not think that clients should be protected from such basic bad behaviour by a would-be lobbyist and therefore have it written into a code of conduct?

Interestingly, the APPC code deals with payments and offers of entertainment and mementoes. It makes it clear that

“political consultants must not offer or give, or cause a client to offer or give, any financial or other incentive to”

somebody in government

“that could be construed in any way as a bribe or solicitation of favour”

Again, that must be a basic standard we would want all consultant lobbyists to abide by. If one shares that view, it should be written into a code of conduct, so that all consultant lobbyists have to abide by it, not just those who, in this case, choose to be members of the APPC.

Points of Order

Debate between Gareth Thomas and Lindsay Hoyle

Monday 30th April 2012 Commons Chamber

[Mr Deputy Speaker]

There is no place in this Chamber for racism, ageism, gender discrimination—I could go on. That is about respect to all Members. The point has quite rightly been put on the record; I hope that people will take on board what I have said, and what the hon. Member for Chesterfield (Toby Perkins) has stated. Dennis Skinner is a long-serving Member of this House, and like all other Members, he should be treated with respect.

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

On a point of order, Mr Deputy Speaker. I wonder whether you or the Speaker have received a request from the Minister for the Cabinet Office and Paymaster General to make a statement on a report, published today by the National Children’s Bureau, that suggests that 25% of the children’s charities that took part in the research could close as a direct result of Government funding cuts, despite the importance of such charities in helping some of the most vulnerable in the country. Will that not be just one more reason for the country to think that the Prime Minister and the Chancellor are out of touch with reality and the rest of us?

[Mr Deputy Speaker]

As you know, that is not a point of order for the Chair, but the point is now on the record; anybody who wished to hear it has either heard it, or can read it in Hansard.