Lobbying

Jon Trickett Excerpts

Tuesday 25th June 2013 Commons Chamber

[Jon Trickett (Hemsworth) (Lab)]

I beg to move,

That this House notes the absence of a Bill to provide for a statutory register of lobbyists in the Queen’s Speech; expresses its concern at the damage which may be inflicted on the reputation of the House in the absence of statutory regulation; and calls on the Government to immediately begin cross-party negotiations with a view to introducing a Bill before the summer recess, which would provide for the creation of a register for all professional lobbyists, with a clear code of conduct which is backed by sanctions in the event of egregious breaches of the code.

Let me start by entirely accepting that lobbying is a normal part—in fact, an essential part—of an active democracy, and that includes commercial lobbying. However, it has been clear for some time that the professional sector of the industry needs to be properly regulated. The Prime Minister, when he was Leader of the Opposition, said that lobbying is

“an issue that crosses party lines and has tainted our politics for too long”

and that it is

“an issue that exposes the far-too-cosy relationship between politics, government, business and money.”

We agree with him.

[Priti Patel (Witham) (Con)]

rose—

[Jon Trickett]

I will give way, but not yet.

The subject of today’s debate could not be more important for the reputation of the House of Commons, for every single right hon. and hon. Member knows in their heart of hearts that the perceived integrity of politicians is at an all-time low. The Prime Minister’s prediction that lobbying was the

“next big scandal waiting to happen”

has sadly proved to be all too correct. [Interruption.] It may be one of the few things he did get right, as my hon. Friend the Member for Barnsley East (Michael Dugher) says. Knowing that this was going to happen, we ought to have moved rigorously and rapidly to ensure that our democracy emerged cleaner and with a higher reputation than it currently has.

If we can, we ought to handle these matters in a non-partisan manner. It is therefore with some regret that we raise lobbying reform on an Opposition day, which is usually a political knockabout. It is particularly disappointing because it appeared that a cross-party consensus had begun to emerge that something needed to be done. In fact, by the time the coalition agreement had been signed, all three main parties had agreed to legislation and to the creation of a statutory register, but that was more than three years ago. Unfortunately, all the Government have done since then is to have a long, slow consultation followed by a White Paper, and then another long, slow consultation.

When the reshuffle took place in September 2012, formal responsibility for lobbying reform had been totally removed from ministerial responsibilities. The Government simply forgot about lobbying reform.

[Several hon. Members]

rose—

[Jon Trickett]

I will give way in a moment.

After the reshuffle, not a single Minister was left with a formal duty to bring forward the reform to which the Government had committed themselves. When we called this Opposition debate, we could therefore have had a sweepstake in the office on which Minister would speak on behalf of the Government, because none of them had formal responsibility for lobbying after the reshuffle. At the top of our guess list was the Deputy Prime Minister, but he was not too keen. In fact, he is nowhere to be seen this afternoon. We then thought that it might be my opposite number, the Minister for the Cabinet Office, because that is where the Bill is supposedly being drafted. He is nowhere to be seen either. We then thought that it would have to be the Minister for political and constitutional reform, the Parliamentary Secretary, Cabinet Office, the hon. Member for Norwich North (Miss Smith). She is in the Chamber, but I see that she will not be speaking. None of the above will be responding. Very unusually, the Leader of the House will be speaking on this Opposition day. It seems that he was the last one standing when the music stopped.

[Charlie Elphicke (Dover) (Con)]

Getting back to the subject of the debate, which is lobbying, does the hon. Gentleman agree that it is not right for parliamentary passes to be given to lobbyists?

[Jon Trickett]

The funding of political parties is being discussed—[Interruption.] Let me come to the point. That matter is being discussed in another place on a cross-party basis. Financial relationships between political parties and lobbyists clearly ought to be a matter for regulation. I believe that financial relationships between individual Members of Parliament and lobbyists should be outlawed, but I will come to that point in a minute.

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

I chair the Political and Constitutional Reform Committee, which has looked into this matter at length. It must surely be of concern to all parliamentarians and to Members from all parts of the House that the Government have failed to respond to a report that was published almost a year ago. Rather than legislate in haste, should we not look at this matter in a parliamentary way, with pre-legislative scrutiny and a proper response to a Select Committee that was elected by Members from all parts of the House?

[Jon Trickett]

I pay tribute to the work of my hon. Friend and all the members of his Select Committee. They have produced important recommendations. It would be helpful if we had sight of the Bill that it appears will emerge in due course, so that there could be pre-legislative scrutiny. It is time that we saw some progress on this matter.

I welcome the fact that the Leader of the House will speak this afternoon because, although he is not listening to me, he is a decent parliamentarian. His duty as the Leader of the House is to protect all hon. Members, as well as the reputation of the House as a whole. I hope he will drive through the necessary process of lobbying reform.

[Kelvin Hopkins (Luton North) (Lab)]

I thank my hon. Friend for giving way. With all deference to my hon. Friend the Member for Nottingham North (Mr Allen), the Chair of the Political and Constitutional Reform Committee, the Public Administration Committee published a report several years ago in the previous Parliament recommending a register of lobbyists. Also in the previous Parliament, I tabled an early-day motion that received more than 120 signatures from all parts of the House. The Government cannot forget these things.

[Jon Trickett]

I agree entirely with my hon. Friend. There has been pressure for something to be done on lobbying for many years.

In the three years since the coalition agreement was signed, we have had nothing but delay, obfuscation and prevarication, and the Government are at it again today. The Government’s amendment does not clearly indicate that they will produce a lobbying Bill, and that is shabby politics.

[James Morris (Halesowen and Rowley Regis) (Con)]

rose—

[Jon Trickett]

I will give way to the hon. Gentleman, but when he rises to his feet I invite him to say whether a lobbying Bill should be introduced, without any further obfuscation or prevarication of the type we have seen in the past three years—yes or no?

[James Morris]

I thank the hon. Gentleman for taking an intervention. He talks about obfuscation and delay, but I happen to remember that there was a Labour Government for 13 years. Will he tell me what happened to the idea of a lobbying register in those 13 years?

[Jon Trickett]

The hon. Gentleman would have a powerful argument about the previous Administration but for the fact that throughout the whole of that period the Conservative party argued for a voluntary register. Even as late as September 2009, the right hon. Member for Horsham (Mr Maude), who became my opposite number, was arguing in the trade press that there should be a voluntary register. In March 2010, my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman), the deputy leader of our party, said that we had tried a voluntary register but it did not work, so we now needed to move towards legislation. In its manifesto, the Labour party clearly committed itself to a statutory register, but what did the Conservative party manifesto say? It said that the Conservative party wanted to persevere with a voluntary register. For the whole of the 13 years we were in office, it is clear that the Conservatives were pressing us not to legislate, and the fact is that in the past three years they have done nothing whatever to legislate.

[The Leader of the House of Commons (Mr Andrew Lansley)]

I am grateful to the hon. Gentleman for giving way. Of course, what he is telling the House is that the Labour Government did nothing for 13 years. Two months before the general election, when they no longer expecting to be in power, they said that they might do something in the future. He said that the Government’s amendment was not clear about our commitment, but it

“welcomes the Government’s commitment to bring forward legislation before the summer recess”—

[Mr Lansley]

I am about to say when: before this summer recess. For the benefit of the hon. Gentleman that is 18 July, not next summer recess:

“before the summer recess to introduce a statutory register of lobbyists”

within three years. That was in the coalition Government’s programme. His Government did not do anything.

[Jon Trickett]

The amendment goes on to talk about all kinds of other extraneous matters. The truth is that the Government are seeking to obscure the nature of the debate that we need to have this afternoon. This debate is about lobbying reform. Will there or will there not be a lobbying Bill that will create a serious register with a code of conduct?

[Mark Durkan (Foyle) (SDLP)]

I thank my hon. Friend for giving way. He earlier quoted the Prime Minister on the “next big scandal”. Does he agree that it will be a scandal with planning permission, for both Government and Parliament, if we fail to legislate and to legislate robustly—not a light-touch statutory register, but robust legislation?

[Jon Trickett]

My hon. Friend makes an important point and does so more succinctly than I have been doing.

The Government’s strategy has been clear: to kick the whole issue into the long grass for as long as possible and then to try to confuse and obscure the true issues. Only last month, we had the Queen’s Speech in which there was no mention of lobbying reform. It is only now, because of recent unfavourable headlines, that my opposite number finally said that he wanted to see some lobbying reform. We shall have a look later at what sort of lobbying reform that might be.

[Jacob Rees-Mogg (North East Somerset) (Con)]

Will the hon. Gentleman give way?

[Jon Trickett]

I will, but will the hon. Gentleman tell me whether there will be a lobbying Bill before the summer recess?

[Jacob Rees-Mogg]

If the hon. Gentleman took the trouble to read Hansard, he would have noticed that a lobbying Bill was introduced yesterday, so there is already a lobbying Bill on the Order Paper from his hon. Friend the Member for Dunfermline and West Fife (Thomas Docherty). However, if this issue was so pressing at the time of the Queen’s Speech, why did the Labour party not raise it then or table an amendment to that effect? Or has it just jumped on a bandwagon?

--- Later in debate ---

[Jon Trickett]

If there are any more interventions of that poor quality, I will not take any more.

I wrote an article in The Guardian in January 2012, using those three words: delay, prevarication and so on. It is simply not good enough to pretend that we have not been demanding some form of legislation for at least three years. The truth is that the Government have delayed and even this afternoon, as we shall see, they are attempting to obfuscate the true issues. A Bill was introduced yesterday but it was in the name of my hon. Friend the Member for Dunfermline and West Fife (Thomas Docherty), a Member on this side of the House.

I hoped—obviously it was a vain hope—that this could be a non-partisan debate. Our reputation as a political class is now at an all-time low. Lobbyists needs to be made to operate in the clear light of day, so that every citizen can see and know how and why decisions are taken. They also need to see how much is being spent behind the scenes by commercial lobbyists to influence decision makers, and they need to see how that money is being spent. Nothing less will do. Let me illustrate the point with a case.

I said that I would not be too partisan so I will not name the individual. Someone may work out who it is; some might be quicker than others. I shall refer to an Australian gentleman. In an Ashes summer, one would have thought that the Government would be on the British side rather than that of the Australians. He shall be nameless, but he is a highly paid adviser to the Prime Minister. Reportedly, he had discussions at Chequers prior to the Queen’s Speech with the Prime Minister and the Chancellor. [Hon. Members: “Patricia Hewitt?”] I do not think that she was a gentleman, although she was many things.

When the Queen’s Speech was delivered, it transpired that the Government had dropped all reference not only to lobbying legislation but to plain tobacco packaging and minimum alcohol pricing, all of which had been promised. The problem arises when the public find out that this very same Australian is also and at the same time the chairman and managing director of an active lobbying company with an office here in London. The company has actively lobbied in Australia against plain tobacco packaging and against minimum alcohol pricing.

I do not wish to accuse this gentleman of having behaved with any impropriety. Arguably—I do not know—he may have excused himself from the discussions with the Prime Minister at Chequers when the matter of a lobbying register came up. He might also have left the room when tobacco packaging was mentioned and done so once more when alcohol pricing was discussed. I do not know. But his company failed to register itself on the voluntary register of lobbyists in Australia and his company is not on the voluntary register in the UK. Therefore, we have no idea who his clients are, what their objectives are or how much money is being paid.

[James Duddridge (Rochford and Southend East) (Con)]

I am quite quick on the uptake and I have an inkling as to who the hon. Gentleman may be talking about, but will he make it clear that this person is a party employee, not a Government employee, and that the arrangements are very similar to those of Charlie Whelan, Deborah Mattinson, Derek Draper and Alastair Campbell and that it would be duplicitous to say that they are in any way different?

--- Later in debate ---

[Jon Trickett]

I quoted the Prime Minister at the beginning of my speech. He said that this is a problem that affects all parties and has to be resolved by all parties. I take that point entirely.

Referring back to the gentleman I am talking about, if there were a statutory register in place—as there would have been if Labour had won the last election—we would undoubtedly know who was lobbying on behalf of whom, how much was being spent and on behalf of which clients.

[Mark Durkan]

Does my hon. Friend recognise that experiences during the banking crisis, with the charity sector and in other areas have taught us that there is a key difference between registration and regulation and that proposals that centre only on registration do not give us what we need?

[Jon Trickett]

That brings me to my next point. The Prime Minister said that sunlight is the best disinfectant and I agree, but I do not believe that the proposals mentioned in the amendment match up to the requirements. Let me explain why. There are three reasons. First, it was drawn in such a way as to cover only the narrowest section of third-party lobbyists, which is less than a quarter of the whole industry. What is the point of having a register of professional lobbyists that will not register all professional lobbyists? Secondly, there is no sign of the Government including in the Bill—it is certainly not in the White Paper—a code of conduct that would regulate the register. Even the voluntary code that covers the more ethical part of the industry already has a code of conduct. Why would we want to have a lower statutory threshold than that which the more ethical section of the industry already imposes on itself and its own members?

My third objection to the consultation, as the Government call it, is this: given that the Government are not proposing a code of conduct, there can be no sanctions applied against lobbyists who breach the code. Again, this is a lower standard than the industry’s existing codes. At the moment, any lobbyist working within the current ethical voluntary register is forbidden to engage in any improper financial relationship with any parliamentarian, which brings us to the bones of the issue.

If we have a voluntary register and someone breaches the code by having such a relationship with a parliamentarian, they will be removed from the register and will be unable to practise as a lobbyist. That should be written into legislation, but it is not envisaged in the White Paper.

The White Paper was

“possibly one of the most shoddy documents I have ever seen government produce.”

That is not my view, but that of a practising, professional lobbyist. Francis Ingham, director general of the Public Relations Consultants Association, said of the White Paper that the Government’s proposals were “unfit for purpose”.

[John Cryer (Leyton and Wanstead) (Lab)]

The code of conduct, which my hon. Friend mentions, is habitually broken. For example—he mentioned this sort of contravention—the code says that parliamentarians should not be paid by lobbying companies that are signed up to the code, yet many Members at the other end of the corridor are directors of lobbying firms and so presumably are in receipt of payments. That breaks the code of conduct, but nobody does anything about it.

[Jon Trickett]

The problem is that many companies and lobbyists—the Australian I mentioned, for example—do not participate even in the voluntary code, which is why there must be statutory provision.

[Several hon. Members]

rose—

[Jon Trickett]

I will not take any more interventions, because I want to make some progress and other people want to speak.

It is not difficult to define what the House should do to regulate the industry—I agree that the point is to regulate as well as to register, as my hon. Friend the Member for Foyle (Mark Durkan) said—and it need not be burdensome for professional lobbyists. In fact, it takes about 20 minutes to provide the necessary information on the relevant form—I have tried it myself. The Bill should do four things. It should create a clear definition of professional lobbying; a statutory register of all those who lobby professionally; a clear code of conduct that forbids inappropriate financial relations between lobbyists and parliamentarians; and a strong system of sanctions when the code is breached.

All that is detail, however. We are simply asking for a commitment from the Government to agree to cross-party talks—in fact, that is really all our motion asks for—not as an excuse for failing to act, but as a prelude to rapid action to bring this matter into proper order. I hope that the Government’s amendment to the motion is not a signal that they intend to conflate a series of irrelevant issues in order to obfuscate further and therefore once more evade the central question before us this afternoon, which is: how are we going to reform and then regulate the lobbying industry? The noble Lord Wallace, who speaks for the Cabinet Office in another place, said that the Government did not intend to conflate these matters. I hope he is correct, but I fear he is not.

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

I agree with the hon. Gentleman, but does he agree that if we are genuinely to restore public trust in politics, the statutory register of lobbyists has to be the very minimum, and that we must do far more to tackle the excessive influence of corporate money and vested interests and to address things such as the invisible secondments of people from industry right into the centre of policy making here in Whitehall?

[Jon Trickett]

I will be speaking on other matters, as will other Labour spokespeople in due course, but the hon. Lady is right that we have to take big money out of politics across the board. We have proposals to do that, and have made some difficult recommendations on trade unions, if anyone is interested. It is the Government who are stalling the negotiations on party funding.

We need a lobbying Bill that will begin the process of cleaning up our politics and create a level playing field for all the professional lobbyists who behave ethically but are constantly undermined by a few who do not play by the rules. Nothing less will do. The Leader of the House must say whether he will continue to speak for the closed circle, the tiny elite, that seems to run our country and on whose behalf many professional lobbyists often work, or whether he will speak on behalf of the many by placing the professional lobbying industry on a proper footing.

[The Leader of the House of Commons (Mr Andrew Lansley)]

I beg to move an amendment, to leave out from “House” to the end and add:

“notes the failure of the previous administration to implement a statutory register of lobbyists for 13 years; welcomes the Coalition Agreement commitment to regulate lobbying through a statutory register; notes the Government’s consultation paper on Introducing a Statutory Register of Lobbyists; welcomes the Government’s commitment to bring forward legislation before the summer recess to introduce a statutory register of lobbyists, as part of a broad package of measures to tighten the rules on how third parties can influence the UK’s political system; and looks forward to welcoming reforms that ensure that the activities of outside organisations who seek to influence the political process are transparent, accountable and properly regulated.”

I move the amendment on behalf of the Government both as Leader of the House, in which capacity I seek to protect and promote the reputation of the House, which the motion claims might have been damaged—I am sorry that my being here disappoints the hon. Member for Hemsworth (Jon Trickett), who wanted other Ministers to be here, but I am pleased to be here, and am here as a volunteer, not a pressed man—and as a Cabinet Minister who, with ministerial colleagues, has policy responsibilities in this regard. I, along with the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Norwich North (Miss Smith), who has responsibility for political and constitutional reform, and the Deputy Leader of the House of Commons, my right hon. Friend the Member for Carshalton and Wallington (Tom Brake), will take responsibility for the forthcoming Bill, which, as the amendment makes clear, we have committed to introduce before the summer recess. It will be a Bill to implement our coalition programme commitment to introduce a statutory register of lobbyists and to promote transparency and an improved regulatory framework for the influence of third parties in the political system.

[Jon Trickett]

rose—

[Mr Lansley]

The hon. Gentleman wishes to intervene already. Perhaps he can add some clarity to his speech.

[Jon Trickett]

We might be able to foreshorten the debate, if the Leader of the House will say whether it will be a lobbying Bill.

[Mr Lansley]

It will introduce a statutory register on lobbyists. I listened to the hon. Gentleman’s speech—honestly, I did—but I regret that it sank further and further into the quicksands of confused thinking.

--- Later in debate ---

[Mr Lansley]

The hon. Gentleman should talk to his own Front-Bench team. [Interruption.] I am just answering his question. The point is that it will introduce a statutory register of lobbyists, and in that sense it is a regulatory process. I will explain our approach later.

Did the hon. Member for Hemsworth really think it was sensible to have this debate just weeks before publication of the Bill? What was he thinking?

[Jon Trickett]

You’re not going to have a lobbying Bill.

[Mr Lansley]

Yes, we are. Its purpose will be to introduce a statutory register of lobbyists, which is what we said in the coalition programme we would do.

--- Later in debate ---

[Helen Jones]

In a moment.

The latest scandal forced the Government into action, but their proposals that we have heard about so far are full of holes. It appears that they will cover only a narrow section of third-party lobbyists, but that is simply not good enough. As we heard from my hon. Friend the Member for Nottingham North, only about 100 organisations would be covered, yet the UK Public Affairs Council defines lobbying as

“in a professional capacity, attempting to influence, or advising those who wish to influence, the UK Government, Parliament”—

and so on.

[Jon Trickett]

My hon. Friend makes an important point. Third-party lobbyists that operate legitimately and ethically feel threatened by the idea that the Government will leave open an enormous barn door for in-house lobbyists. There will be a devastating impact on third-party companies if their client organisations begin to hide away what they were doing by taking on more lobbyists in house. Will she comment on that point?

[Helen Jones]

My hon. Friend makes a valid point about who should be included on the register and the importance of getting the definitions right. Many people have referred to lobbying by constituents, and any constituent has an absolute right of access to their Member of Parliament. My constituents are not slow about making their views heard, as I suspect is true of those of other hon. Members, but that is different from commercial lobbying, so the legislation must make that clear.

We have to deal with those who are directly employed lobbyists, but they would be allowed to carry on as before under the Government’s plans. What would happen to big firms such as Capita, Grant Thornton and PricewaterhouseCoopers that operate across government in many ways, but include lobbying among their functions? Legislation cannot work unless a code of conduct is attached to it. Parts of the industry already have a voluntary code, but without a code of conduct, there is no real point of having a register, because one then cannot deal with breaches of ethics, including by removing people from the register. Without full publication of details and meetings, lobbying will still be shrouded in secrecy because people will not know what is going on.