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

Graham Allen Excerpts

Monday 9th September 2013 Commons Chamber

[Mrs Main]

I hope the DPP is always considered to be independent, but if there is some legal reason why that should not be the case in the Bill, I would welcome hearing it. That is what we should be discussing today. I do not wish to speak for too long, but my concern is that ministerial lobbying that goes on at every level, including with persons of influence, is not captured by this Bill because the causal nature of some conversations and chats is not included. I would like to see that tightened up, including guidance on what ministerial conversations can be held after some of that subtle lobbying has been going on.

I am sorry if lobbyists are offended today, but I hope I am trying to deliver a level playing field for all lobbyists, and not have some hiding in a back room getting advantage while others are captured by measures in the Bill. I hope we can progress with that and achieve consensus on some of the amendments that will get rid of the worries that many of us have.

[Mr Graham Allen (Nottingham North) (Lab)]

Even that most brutal sport, boxing, has a code of honour so that when an opponent is bloody, battered and exhausted, they are not kept in the ring but we try—if we can—to deliver the coup de grâce. I do not like witnessing the parliamentary equivalent of propping up the opponent. In virtually every aspect, this Bill is battered, bloodied, and ready to fall over. Rather than the grizzled cornermen, the Deputy Prime Minister and the Leader of the House are pushing in some game bantamweights to keep the fight going. They are good people, but they are not here today. They are putting other people up to argue for a Bill that was not their doing. Rather than that, we should end this cruel sport and do what the all-party Select Committee on Political and Constitutional Reform proposed, once it was allowed to report and get engaged in this process. It proposed that the Bill be put into a special Committee so it that could be discussed and got right—not delayed, but brought back to the House as a new Bill that does the business for everybody—within six months. I argue that there would be a strong consensus behind that new Bill.

We have worked hard and I pay tribute to my Committee, two members of which—the hon. Member for Isle of Wight (Mr Turner) and my hon. Friend the Member for Newport West (Paul Flynn)—are present in the debate. Other members are on shift to come and do their turn over the next three days. Both they, and members of staff who worked incredibly hard to get a report in front of Members in about seven working days, deserve the utmost credit.

I believe in evidence-based policy making. Through that period of about seven days, we called for, sought and proactively received evidence that provided a welter of overwhelming information to say that the Bill does not work or do what it promised to do. This Bill does not do what it should say on the can—I do not know whether the Trade Descriptions Act applies in the House of Commons, but if it did there would be a strong case for putting somebody at least in front of a magistrate. This is not the lobbying Bill, it is the 1% lobbying Bill. Most of the problems that have been identified across the House, in the media and elsewhere, will not be affected or tackled by the Bill.

As well as producing a massive wodge of evidence for Members to interpret, my Committee also proposed a number of amendments designed to make the Bill what it should be—a genuine lobbying Bill. In clause 1, as part of our long debate over the next three days, we are attempting to ask: who are the lobbyists? When one lobbying group’s trade association says, “We think maybe 20% of lobbyists will be covered” and another says, “1% of lobbyists will be covered”, there is clearly a massive welter of people who do what we normally think of as lobbying but who will not be covered.

[Dr Thérèse Coffey]

I would like to understand how many people the hon. Gentleman believes will be required to register as a lobbyist under the proposals that he and his Committee have put forward.

[Mr Allen]

Under the Government proposals, the Public Relations Consultants Association says that fewer than 1% of meetings with Ministers take place by consultants without the clients present. Transparency International states that the Government are not even going to capture the 20% of the industry that they have identified as the reason for the register. One can choose whatever figure one wishes.

On the earlier intervention by the Deputy Leader of the House, I say gently that this is not a choice between 100% of everything we regard as lobbying being registered and enormous bureaucracy, and 1% being registered. Let us grow up, have a debate, and find a happy medium. It does not have to be perfect the first time, but it certainly does not need to be as imperfect as this Bill.

[Mr Jim Cunningham]

rose—

[Paul Flynn]

rose—

[Mr Allen]

I will give way first to my hon. Friend from the Select Committee.

[Paul Flynn]

I also sat on the Public Administration Committee in the previous Parliament, and evidence was given that the information required would not be some bureaucratic burden but information on the computers of the companies involved. It is a simple matter of cut, paste and e-mail. The costs will be minute. Does my hon. Friend not think that the most impressive evidence we heard in Committee came from organisations that have been campaigning passionately for the past 20 years for a lobbying Bill? They said unanimously that this Bill is worse than nothing at all.

[Mr Allen]

Indeed, and for Labour colleagues who unkindly say that the Government are not seeking consensus, I say that they have been brilliant in trying to build consensus. I have never seen the embrace that has taken place between Spinwatch, whose very existence is to expose problems in the lobbying industry, and trade associations of the lobbying industry. If pulling those two groups together is not consensus building, I do not know what is.

There is another tremendous example of consensus building. One would never have thought that the antagonism and bile that has been exchanged between, for example, the League Against Cruel Sports and the Countryside Alliance, could ever be put aside, but those two bodies now stroll hand in hand towards the sunset because they believe that the Bill is inadequate and that it does not help them. We will come to that when we debate part 2 tomorrow. Let no one churlishly say that the Government have been unable to build a good consensus on the Bill.

[Mr Jim Cunningham]

Like most hon. Members, my hon. Friend will remember the campaigns for a lobbying Bill. Most people thought it would deal with the big fish who have undue influence in this country, whether in service or political terms, but that has not happened. We must also remember that MPs could be restricted under the Bill. He will remember the Freedom of Information Act and the Data Protection Act 1998. MPs were stopped from getting information from various public bodies on behalf of their constituents. In 2006, the Government put Back Benchers up to try to amend those measures.

[Mr Allen]

My hon. Friend makes wise points. Perhaps I should excuse myself for having a little fun at the expense of the Deputy Leader of the House and the Minister who, in my experience of working with the Political and Constitutional Reform, are committed to what they do. However, that is not enough in this case. They have been put up as the fall guys to promote a Bill that has very few friends and does not do what it should.

My hon. Friend spoke of the public perception, which I mentioned on Second Reading. The public expected the House of Commons to do something about lobbying. The Prime Minister said something should be done about it. The coalition, in its agreement, and the Opposition had almost a contractual agreement that lobbying should be dealt with. All were committed and said clearly that lobbying should be dealt with. My hon. Friend is right that the people who will suffer most—I do not wish to repeat the points I made on Second Reading—are the public, who will be disillusioned that we will fail to do what we should. We agree that something clear, honest and open should be done, so perhaps the biggest losers will be hon. Members—the House of Commons as an institution, which is recovering from difficulties in the recent past. We have it in our power over the next three days to make a better Bill. It will not be the perfect Bill, but we have it in our power to try to make a better Bill. I will therefore take the opportunity to press amendment 48 to a Division, so that hon. Members have the opportunity of supporting their colleagues who serve on the Political and Constitutional Reform Committee.

I should make one other procedural point. I am surprised that knives will not operate on any of the next three days. I will cut my remarks short, but we should have knives so that we can have a sensible debate and vote on each of the key clauses. We need to deal with five key clauses today, but we may only get past clauses 1 and 2. If we had a more sensible arrangement on the division of time, we could do a better job—I am not making a point against the Government.

[Tom Brake]

Will the hon. Gentleman clarify one thing? I have sought clarification from the hon. Member for Hemsworth (Jon Trickett), who speaks for the official Opposition, but it has never been explained to me. Ministers already report their meetings with in-house lobbyists. What do we gain by extending the register to include in-house lobbyists when Ministers already report such meetings?

[Mr Allen]

I am very much in favour of extending the register to in-house lobbyists because many people regard the biggest scandals—the ones reported in the national press and elsewhere, and those that come to hon. Members’ attention—as resulting from the activities of people who work inside large multinational companies, whether engineering, arms manufacturing or many other things. It is not beyond our wit to produce such a measure.

The hon. Member for St Albans (Mrs Main) has courageously underlined how much lobbying takes place outwith the scope of the Bill. She highlighted with great tenacity some of the most poisonous and difficult things to deal with in the lobbying arena. We should listen to her and learn how to improve the Bill with her proposals.

[Mrs Main]

I should reinforce that point. There was no ministerial logging of the meeting to which I have referred. It was a private lunch, but it was admitted that the application was discussed. Such a meeting will never appear under the Bill; it was revealed as a result of a parliamentary question.

[Mr Allen]

It is not for me to network within the coalition Government, but I advise the Deputy Leader of the House to make an appointment with the hon. Lady so she can tell him clearly and forthrightly how lobbying has influenced things in her constituency. Currently, such lobbying is not covered in the Bill, which is supposed to be about lobbying. The Bill is not about one or two problem people such as Ministers, permanent secretaries or people in the lobbying industry. Hon. Members and the public have been waiting for the Bill, and it is a big disappointment. It does not cover many of the problems the hon. Lady describes.

[Caroline Lucas (Brighton, Pavilion) (Green)]

The hon. Gentleman makes a powerful case. He is describing how the public regard both hon. Members’ treatment of the Bill and the Bill itself. Does he agree that it is a mockery that we will probably not even reach, much less debate, amendments tabled for debate later this evening? What confidence can the public have that hon. Members are taking lobbying seriously when, not only does the process undermine us, but the Bill manages to be weaker than the current provisions? Are we not sending ourselves up? It is contemptuous of the public and of ourselves.

[Mr Allen]

It beggars belief that we have three days to talk about a lobbying Bill and some of the key issues highlighted by the Political and Constitutional Reform Committee will not be paid the due respect of having an airing in a Committee of the whole House. I agree with the hon. Lady that people outside will say, “What are they playing at? They promised us a Bill, and now they are playing parliamentary games so that we do not have the time to debate very important matters, such as the role of MPs, the definition of lobbyists, whether there should be better scrutiny of expenses paid by charities, and the definition of political activities.” I will not make that worse by going on for too much longer.

[Susan Elan Jones (Clwyd South) (Lab)]

The Deputy Leader of the House made a point about logging meetings with internal representatives of organisations. The problem is that, even if we accept that the system is 100% perfect, which I do not, the log does not include Parliamentary Private Secretaries, special advisers, senior civil servants and other people to whom internal representatives speak. I was contacted recently by a senior figure from Starbucks. I will not meet them, but their interest in me was because of an all-party parliamentary group with which I was connected. Such contacts should be logged.

[Mr Allen]

My hon. Friend makes an important point. We have only a day to discuss those issues, which will be covered in the next group of amendments. I hope that the Committee will have the time to debate them, but it is now a matter of doubt whether we will have the chance to do so.

Much comes back to the fact that the Government do not consult Parliament in an effective way. If the Government had consulted Parliament, many of the foibles and flaws in the Bill could have been dealt with. My Committee spent a year, on behalf of every Member, considering this matter. We then spent seven hectic days trying to produce a report for the House. It is as if we had not bothered; it is as if the parliamentary process were irrelevant. The Bill has been stuffed into the sausage machine in the hope that it will be voted through tonight and the next two nights.

In conclusion—I will speak to other amendments on behalf of my Select Committee and others—the Prime Minister said that lobbying would be the next big scandal to hit us. I am afraid that there has been another scandal: the prostitution of the House of Commons by the Government in the way that the Bill has been brought forward. This is not a partisan point, but a point about the legislature and the Executive. I hope that there is a communion between Members of this House, who are parliamentarians, to say that this is an unacceptable way of making law. It would be unacceptable if it produced good law; it is absolutely intolerable that it produces such terrible law.

On behalf of my Select Committee, let me say that the Bill should be put into a special Committee so that we can have something we can all be proud of and say to our constituents, “You wanted us to do something about lobbying. The Prime Minister said it was a big issue, the coalition agreement said it was important, those on the Labour Front Bench said it was important and here it is, we have done the job. It has taken us a few years and another six months, but here it is.” If it is not, I am afraid that this House will be dragged into disrepute because of the way the Bill has come before us.

[Mr Cox]

The hon. Gentleman makes a familiar lament. I remember making it myself many times in the previous Parliament, from the Opposition Benches on which he now sits, in relation to his own Government.

There are those of us on the Government Benches who have concerns about the drafting of the Bill. I hope those on the Front Bench will listen to them and understand that there is no need to dive into the trenches and resist, and protect every clause. I must say that in making criticisms of the Bill—specifically, on clause 1—the hon. Member for Hemsworth (Jon Trickett) deployed a fundamentally misconceived argument, one that a short acquaintance with its provisions can demonstrate. It is important, if we are to make criticisms of the Bill, and to expect the Government to move on them, that we ensure they are well targeted and accurate. If they are not, all that will come from the Opposition will, if I may say so, be a wall of noise. A wall of noise will not persuade the Government to change individual clauses.

Government amendment 76, which seeks to delete clause 1(1)(b), does not do the mischief the hon. Member for Hemsworth suggested. After the deletion, clause 1 will read:

“A person must not carry on the business of consultant lobbying unless the person is entered in the register of consultant lobbyists.”

The word “person” is apt to cover a multitude of types of persons: it can cover an individual, a partnership and a corporate entity. That is plain in clause 25, which is not to be amended, where the interpretations provision is set out:

“Where the Registrar is required or permitted to serve a notice on a person, this is to be effected—

(a) if the person is a registered company…by sending it by post to the company’s registered office;

(b) if the person is an individual, by delivering it in person;

(c) in any other case…to the last known main address”.

It is plain that the word “person” in clause 1 covers companies and is not intended to exclude companies, as the hon. Member for Hemsworth suggested.

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[Mr Thomas]

My hon. Friend makes the perfectly reasonable point that new clause 2 is an attempt to prevent the sort of concerns that have arisen, going wider than our Benches and our parties, about the role of Mr Crosby. New clause 2 seems to me to be a perfectly sensible provision to prevent any similar situation from happening in future.

New clause 7 is designed to make provision for professional lobbyists taking up employment in government. It deals with similar territory, albeit on a slightly different issue, to new clause 2. It would similarly deal with the potential conflicts of interest that can arise when a lobbyist seeks to take up a senior position in government. It is quite possible that someone with considerable skill and expertise who is working as a lobbyist at the moment might secure an offer to work as a senior civil servant. Such a person who has worked in a senior position in government before and has been seeking to widen their career profile might now successfully seek to return to a senior position in government. Having a system in place, which is what new clause 7 allows for, to check that there are no conflicts of interest around such employment is surely sensible and would help to build trust in the new appointment. Together with new clause 2, that new clause would allow the relevant Committee to probe whether there were any reasons to be concerned about any ongoing commercial lobbying interests that such a person might have. I say gently to Government Members that the new clause could have helped to prevent the ongoing concern about Mr Crosby’s role and his access within No. 10, so I commend it to the hon. Member for Truro and Falmouth (Sarah Newton), who intervened on me earlier.

The most appropriate Committee would perhaps be the excellent Political and Constitutional Reform Committee. It has a mix of cross-party talent among its membership and it could explore with the relevant individual whether there were any potential conflicts of interest and, if not, how the situation should be handled, leaving the individual free to go about their public role, with the worry and concern that something improper is somehow going on and is attached to them no longer being an issue.

[Mr Allen]

It is very generous of my hon. Friend to offer the creation of a more effective Bill to the tender mercies of my Select Committee, but we are not looking for that job. There is a process whereby a special Committee can be created in order to review a Bill effectively and pre-legislatively. It is also important from my hon. Friend’s point of view, however, that the Opposition make it clear that pre-legislative scrutiny, which has barely taken place in this case, must become part of the Standing Orders of this House so that every Bill as a matter of course—apart from in emergencies—goes through proper pre-legislative scrutiny. This must not be a convention gifted to us by courtesy of the Government of the day, of whichever political colour, but must be something that this House does as of right to every appropriate Bill.

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[Lady Hermon]

It is a lovely surprise to be called to speak so early in this debate. First, I must say that I am absolutely delighted that the Leader of the House is present, particularly as amendments 136 and 138 in my name and those of other hon. Members were prompted by his comments on Second Reading, when he said, with great enthusiasm:

“To ensure the independence of the system, the register will be administered and enforced by an independent registrar of consultant lobbyists”—[Official Report, 3 September 2013; Vol. 567, c. 176.]

His use of the phrases “independent registrar” and “independence of the system” fascinated me because I read the Bill very carefully from beginning to end and those phrases never appear in it. Instead, the Bill states that the registrar is to be appointed by the Minister—a term which, of course, includes the Secretary of State—but, it is stated in paragraph 3(6) of schedule 2, the poor old registrar can also be dismissed by the Minister

“if the Minister is satisfied that the Registrar is unable, unwilling or unfit to perform the functions of the office.”

So the Minister does not even have to have reasonable cause to dismiss the registrar. He does not have to have reasonable suspicion or reasonable belief. Under the Bill as currently drafted, the Minister appoints the registrar and can dismiss the registrar if he is “satisfied” of those things. That is far too weak.

We must remember that the powers of the registrar as set up under this Bill are quite extensive. More to the point, my constituents have lobbied me—written to me; “lobbied” is almost a bad word—on many topics, and it was not fair for the Leader of the House or for the Deputy Leader of the House to suggest on Second Reading that we were all alarmed because of trade union scaremongering. That is not the case. I have not received a single letter or e-mail from a trade union, but I have received them from charities, which want reassurance that the registrar will be independent of Government. The registrar will have the power to keep and publish the register. They must keep the register up to date, they have the power to monitor compliance with obligations, and they can issue information notices if they believe that consultant lobbyists have not registered.

There are significant penalties, including criminal conviction and civil penalties for non-compliance with the terms and conditions of part 1. It is essential for public confidence in the new register that, as the Leader of the House promised on Second Reading, the new system is independent of Government and the registrar enjoys independence. The amendments that I have tabled would require the Minister to allow the registrar to act independently. There must be an assurance in the Bill that the functions of the registrar will be exercised independently of any other person.

The Leader of the House suggested on Second Reading that the register would be funded by the lobbying industry via a subscription charge. Again, I urge the coalition Government to heed the lack of confidence engendered in the general public because of lobbying scandals. It is incumbent on all of us to do all that we can to restore that confidence. For the Leader of the House to suggest that the lobbying industry would pay for the register through a subscription is not helpful. My amendments would ensure that the independence of the registrar and of the register is guaranteed, and I hope that the Government will look at them sympathetically.

[Mr Allen]

I strongly support the points that have just been made, and I am happy to add my name to the amendments.

We should return to the point that I made briefly about pre-legislative scrutiny. It would have saved a great deal of grief if we had undertaken such scrutiny, and it is incumbent on all of us to consider how we do so in future, so that we avoid the mistakes and so that the Government—I do not mean just this Government but the one before and the one to come—listen to Parliament. As a result of that sentiment and the fact that Parliament has a contribution to make, the report that members of the Political and Constitutional Reform Committee hurriedly put together after having returned early from the recess to take evidence made it clear that the Standing Orders of the House should be amended to say:

“No public Bill shall be presented unless a) a draft of the Bill has received pre-legislative scrutiny by a Committee of the House or a joint Committee of both Houses, or b) it has been certified by the Speaker as a Bill that requires immediate scrutiny and pre-legislative scrutiny would be inexpedient.”

Let us try to avoid, for the sake of all future Governments, getting into this sort of shambolic mess—a mess whereby people push through a Bill, do not discuss it with Parliament or with any of the relevant organisations before releasing it into the public and parliamentary domain a day before the recess, where it is then debated on the Floor of the House a day after our return from recess.

[Mr Thomas]

Does my hon. Friend agree that one of the many benefits of pre-legislative scrutiny might have been more time to go through the finances of the registrar and to understand which set of estimates on who would register—the estimates of the industry or those of the Government—was most likely to be correct?

[Mr Allen]

There are so many possibilities where a contribution might have been made, and where no contribution could have been made, we would have been no worse off. We managed to accumulate a wealth of evidence. Let us not forget that in a period of about four working days, my Select Committee produced a report for the benefit of Members in all parts of the House. We worked very hard and received 81 organisations throughout the UK, which are listed at the back of the report—not just anybody, but people who had a real interest. It was surprising to see how much interest was generated among people who were a little afraid about what is in part 2, which we will consider tomorrow. I hope we will consider it tomorrow in a slightly more seemly way.

Today’s debate is to conclude at 10 pm and we have got through only two groups of amendments. That is an abuse and it is disrespectful to the House. There are eight amendments that I tabled or with which I am associated that we will not reach, and there are many, many others tabled by Members in all parts of the Committee. These are not trivial matters. They are not fillers, as though we did not have much to think about over the past few days so we bunged in a few odd amendments.

Those amendments relate to extremely serious issues, which will not now get an airing in this Committee—issues such as whether Ministers and permanent secretaries should be the only people who should count as being lobbied. It has been alluded to, but the group of amendments relating to that, which are the result of some solid work, may I say, by my Committee and by colleagues in all parts of the House, will not be taken seriously. They will not be listened to and colleagues will not be able to make those points, to have Ministers listen to them and to improve the Bill.

The rights of Members of Parliament are also a very important area. Are Members of Parliament lobbyists? Are they lobbied? Should they be registered? How does this relate to our interaction with constituents? I know that these issues are of great concern to the Leader of the House, the Deputy Leader of the House and the Government. That group of amendments, too, will not be reached tonight.

[The Temporary Chair (Sir Roger Gale)]

Order. The hon. Gentleman is very experienced and he knows perfectly well that he may not debate issues that may or may not be reached later. We are debating a group of amendments.

[Mr Allen]

Therefore it is important that the issues in this group are debated. That is what I want to get to, as you kindly indicated, Sir Roger, after that preamble.

[Mr Thomas]

Is not one of the concerns about the short time that we have to debate even this group of amendments the fact that we will not be able to explore the case for a code of conduct, which so many organisations outside the House and so many of those on both sides of the House who have studied the Bill believe is essential if we are to give a registrar the teeth they need to make a difference?

[Mr Allen]

Sir Roger, my hon. Friend on the Front Bench deserves a severe reprimand for trying to mislead me again into talking about matters not covered by the present group of amendments. It is a matter of great regret that that issue is another one that, as he points out, will not be discussed. This is not to make a point for or against either Front-Bench team, but Members have a right to voice an opinion on key aspects of legislation. That will not now take place. I do not point a finger at anybody. I merely say that that is not an acceptable way to run a sweet shop, let alone a Parliament.

To describe the heart of what we are considering in the present group, I shall quote extensively from the Political and Constitutional Reform Committee report, which states:

“There was a significant degree of agreement that the additional information should include disclosure of the subject matter of the lobbying, and some agreement around the idea of including the purpose of the lobbying and a list of who had been lobbied.”

I talked earlier about an evidence base. However hurriedly it took place in the time frame we had to put our evidence base together, a wide variety of organisations, which are listed in the report, submitted evidence, quotations from which are included. Spinwatch said that the information required under the Bill was “wholly insufficient”, adding

“For a register to meaningfully allow public scrutiny of lobbying, it must include information from lobbyists on their interactions with government. In other words: whom they are meeting and what issues they are discussing. Members of the public wanting to see which outside organisations are exerting influence on a particular policy area, for example, will be unable to do so under this proposal.”

We also had a joint submission from three eminent academics, Dr Hogan, Professor Murphy and Dr Chari, who argued for the inclusion in the register of

“the subject matter and purpose of the lobbying”.

The Royal College of Midwives said:

“It is hard to see how the information requested will add greatly to the transparency of the lobbying process…Would it be too burdensome, at the very least, to ask for the register also to spell out the issues on which clients are seeking to lobby (e.g. improved conditions for farm animals), and the nature of the lobbying that has taken place (e.g. an all-party group on road hauliers established)?”

The oft-quoted tonight Iain Anderson, the deputy chair of APPC, supported publishing information about the purpose and subject matter of lobbying, but suggested that this could be done most effectively and efficiently when details of ministerial and official meetings were published rather than in the register. That is a perfectly acceptable matter for the Committee to explore, but time will not allow us to do so, although we could make a serious contribution to the development of the Bill.

The Committee on Standards in Public Life also argued that information on the subject matter could be included, either on the register or in the details that were published of meetings. The difficulty with including the information in the data about ministerial and official meetings is that if the definition of lobbying is expanded to encompass contact with the rest of the civil service, special advisers and others who do not necessarily publish details of their meetings, such information would necessarily be quite patchy.

[Lady Hermon]

Will the hon. Gentleman give way?

[Mr Allen]

I will gladly give way.

[Lady Hermon]

That was said with great enthusiasm. I thank the hon. Gentleman for gladly giving way. That is very kind indeed.

Can the hon. Gentleman throw light on one particular aspect that I am genuinely extremely concerned about? We are talking here about oral and written communications with Ministers and permanent secretaries, described by the Minister as the key decision makers. Did the hon. Gentleman’s Committee and the witnesses comment on or even criticise the fact that “permanent secretary” is defined to include the Director of Public of Prosecutions? What we are aiming to look at here is what goes on behind the scenes of Government. The DPP should not be included. He is independent of Government and his independence should be guaranteed.

[Mr Allen]

Witnesses did indeed express great concern about the narrowness of the provision whereby those who can be regarded as falling into the category of being lobbied include Ministers and permanent secretaries only. There was nothing precisely about the DPP that I can immediately bring to mind, but I will go back over the evidence and make sure that I drop a line to the hon. Lady should there be anything along those lines.

[Lady Hermon]

I am not testing the hon. Gentleman’s memory at all. I am sure that his recall is clear and that he does not need to go back over the evidence. But does he himself think that it is proper that the DPP should be included within the definition of a permanent secretary?

[Mr Allen]

I do not feel competent to give an accurate and helpful answer to the hon. Lady’s point. She and those with a different view should participate in pre-legislative scrutiny and put their arguments and reasons to the Government, who then make a choice—they will execute, they will decide. At the moment, there is execution and decision without participation and consultation; it is blindfolded government not using Parliament as the effective partner it should be.

Alexandra Runswick, the director of Unlock Democracy, made points about the depth of the information required. Again, we go for black or white—either people want everything or do not want anything, but the truth is that we should have reasonable amounts of information that everyone feels is appropriate. Having discussed the issue with all parts of the lobbying industry and those interested in it, we got to a position of consensus. For example, Unlock Democracy said:

“We are not expecting a transcript of the meeting, but what policy area it is that is being lobbied on. There are already individual MPs who publish their diaries and say, for example, ‘I met Unlock Democracy about the Lobbying Bill.’ That is the level of information that we are looking at—the policy that is being lobbied about, not the exact information that was shared with the person whom you are lobbying.”

That led my Select Committee to table amendment 56, which we felt was appropriate, proportionate and helpful to the Government. Yet we are discussing it at the fag end of the sitting and many other issues will not even get an airing.

We suggested that the information that the register requires to be listed should be expanded to include the subject matter and purpose of lobbying when that is not already clear from a company’s name. To be clear, that should not involve the disclosure of detailed information about the content of the meeting, just a broad outline of the subject matter and intended outcome. For example, “Subject matter—lobbying; purpose—change the Transparency of Lobbying Bill.”

We also suggested in our report that there should be a financial threshold above which companies are required to provide information about the subject matter and purpose of lobbying. That is why we framed, as a Select Committee, an amendment that we felt was reasonable and helpful to the House and the Government.

I will conclude my remarks, as others wish to contribute. At the end of the day, we are trying to improve the Bill. It is a sad fact that if the House of Commons is not treated properly and if the process is cavalier and one in which Parliament’s view is neglected or not even regarded with respect, we sell the pass. When the public want an effectively lobbying Bill, we say, “We’re not even capable of discussing most of the groups of amendments on the agenda tonight.” As a House of Commons, we pass our responsibility over to the other place. That is not satisfactory to anyone in the House of any political description who feels that their role is to hold the Government to account and scrutinise legislation. If we do not do the job, the second Chamber will fill the vacuum. Any self-respecting Member of Parliament will feel that that is not a place where we should be.

[Miss Chloe Smith]

I want to respond to a couple of the amendments before we wind up. Amendments 3 and 4 would alter clause 1 and provide that lobbying was prohibited unless a lobbyist had both registered and signed up to the register’s code of conduct. Amendment 42 would establish a civil sanction in relation to breaches of the code of conduct. New clause 1 provides that the registrar must produce a code. However, there is little detail about what provision such a code would make other than that it would forbid inappropriate financial relations between registered persons and parliamentarians. The amendments reveal that, as we perhaps knew already, the Opposition intend not only a register of lobbyists but a full-blown regulator of the industry.

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[Miss Smith]

I will beg to move the amendment at the appropriate time.

[Mr Allen]

That is a wonderful precedent. I have a large number of other amendments on the Order Paper. I am very happy to be the midwife and to hand those over to the hon. Lady.

[The Temporary Chair]

Order. Nice try.

--- Later in debate ---

Amendment 56, tabled in the name of the Chair of the Political and Constitutional Reform Committee, is linked to the money and financial disclosure provision. I will conclude by saying that I strongly support that amendment, and if we want the lobbying register genuinely to increase transparency and for the Bill to have genuine depth and purpose, the subject matter and the money must be recorded and revealed.

[Mr Allen]

The way we have dealt with the Bill has meant that much of today’s debate has been esoteric and about us, Parliament, and a tight group of lobbyists. Tomorrow, we will be debating a matter of great concern to charities and voluntary sector organisations, hundreds of which have spoken to Members from both sides of the House. Will the hon. Lady join me in hoping that the discussion tomorrow, particularly on key clause 27, is conducted in an open and honest way so that a decision can be made that links this House back to the broader civic society—or big society—tomorrow? That will be an important debate.

[Caroline Lucas]

The hon. Gentleman is right to say that after the mess of today, tomorrow is an opportunity to demonstrate that the House is able to debate the matter seriously, honestly, and in a way we can be proud of, rather than feeling—as I certainly do tonight—rather ashamed of the way the debate has taken place this evening.

Let me conclude simply by saying that the Government’s proposal of a mere list of consultant lobbyists and their clients does not go far enough. The point I have made in amendment 152 is that we need to know how much money is being spent. If the US can do it, surely the UK can. That would tell us a lot more about lobbying trends in this country.