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

Jon Trickett Excerpts

Monday 9th September 2013 Commons Chamber

[Jon Trickett (Hemsworth) (Lab)]

I beg to move amendment 2, in line 5, leave out ‘consultant’ and insert ‘professional’.

[The Second Deputy Chairman of Ways and Means (Dawn Primarolo)]

With this it will be convenient to discuss the following:

Government amendment 76.

Amendment 5, in line 8, leave out ‘consultant’ and insert ‘professional’.

Amendment 7, in line 12, leave out ‘consultant’ and insert ‘professional’.

Amendment 48, in clause 2, page 1, line 12, leave out subsection (1) and insert—

‘(1) For the purposes of this Part, a person carries on the business of lobbying if in the course of a business and in return for payment—

(a) the person makes communications within subsection (3), or advises another person on the making of communications within subsection (3), and

(b) none of the exceptions in Part 1 of Schedule 1 applies.’.

Amendment 8, in clause 2, page 2, line 2, leave out ‘on behalf of another person or persons’.

Government amendment 77.

Amendment 9, in clause 2, page 2, line 4, leave out paragraph (b) and insert—

‘(b) in return for payment the person advises others how to make communications within subsection (3).

(c) in return for payment the person arranges or facilitates a formal or informal meeting within subsection (3).’.

Amendment 161, in clause 2, page 2, line 4, at end insert—

‘(1A) A person carries on the business of professional lobbying if—

(a) the person is directly employed by a non-lobbying business to perform the role of making communications within the meaning of subsection (3);

(b) the person is contracted to perform the role of making communications within the meaning of subsection (3) by a non-lobbying business; or

(c) in addition to other duties within their business, they make communication within the meaning of subsection (3).’.

Amendment 52, in schedule 1, page 50, line 18, leave out paragraph 3.

Government amendment 91.

Amendment 17, in schedule 1, page 50,  line 18, leave out ‘consultant’ and insert ‘professional’.

Amendment 18, in schedule 1, page 50, leave out lines 19 to 24 and insert—

‘(a) the person is a constituent contacting or communicating with their Member of Parliament;

(b) the person is making communications solely on his or her own behalf;

(c) the person is responding to a government consultation exercise;

(d) the person is responding to an invitation to submit information or evidence to a Parliamentary Select Committee or Public Bill Committee;

(e) the person is acting in an official capacity on behalf of a government organisation;

(f) a person is making communications without remuneration;

(g) the person is responding to or complying with a court order,’.

Government amendments 92 to 95.

Amendment 19, in schedule 1, page 50, line 25, leave out sub-paragraph 3(2) and insert—

‘A person is carrying on the business of professional lobbying if they are acting—

(a) on behalf of a client, or

(b) on behalf of an employer.’.

Amendment 20, in schedule 1, page 50, line 30, leave out sub-paragraph 3(3) .

Amendment 21, in schedule 1, page 50, line 33, leave out sub-paragraph 3(4) .

Amendment 22, in schedule 1, page 51, line 8, leave out ‘consultant’ and insert ‘professional’.

Government amendments 96 and 97.

Amendment 24, in schedule 1, page 51, line 21, leave out ‘consultant’ and insert ‘professional’.

Amendment 25, in schedule 1, page 51, line 43, leave out paragraph (7).

Amendment 26, in schedule 1, page 52, line 10, leave out paragraph (8). Amendment 27, in schedule 1, page 52, line 16, leave out paragraph (10).

Amendment 30, in clause 3, page 2, line 35, leave out ‘consultant’ and insert ‘professional’.

Government amendment 98.

Amendment 32, in clause 4, page 2, line 38, leave out ‘consultant’ and insert ‘professional’.

Amendment 33, in clause 4, page 3, line 12, leave out ‘consultant’ and insert ‘professional’.

Amendment 38, in clause 6, page 4, line 25, leave out ‘consultant’ and insert ‘professional’.

Amendment 39, in clause 9, page 5, line 12, leave out ‘consultant’ and insert ‘professional’.

Government amendment 81.

Amendment 41, in clause 12, page 6, line 22, leave out ‘consultant’ and insert ‘professional’.

Government amendments 82 to 85.

New clause 5—Definition of consultant lobbying

‘(1) In section 1 “consultant lobbying” means activities which are carried out in the course of a business for the purpose of—

(a) influencing government; or

(b) advising others how to influence government.

(2) Activities are to be taken as having the purpose specified in subsection (1) if a reasonable person would assume, having regard to all the circumstances, that the activities were intended to have the effect described in subsection (1)(a) or (b).

(3) In this section “government” includes, within the United Kingdom—

(a) central government, devolved government, local government;

(b) members and staff of either House of Parliament or of a devolved legislature;

(c) Ministers and officials; and

(d) public authorities (within the meaning of section 6 of the Human Rights Act 1998).

(4) Subsection (1) does not include—

(a) anything done in response to or compliance with a court order;

(b) anything done for the purpose of complying with a requirement under an enactment;

(c) a public response to an invitation to submit information or evidence;

(d) a public response to a government consultation exercise;

(e) a formal response to a public invitation to tender;

(f) anything done by a person acting in an official capacity on behalf of a government organisation; or

(g) an individual who makes representations solely on his or her own behalf.

(5) In subsection (1) “influencing” includes informing, but making information or opinions public (for example, by way of advertisements or attributed articles in a newspaper) is not the provision of lobbying services.

(6) In this section—

(a) “business” includes any undertaking, including charitable and not-for-profit undertakings; and

(b) services provided by or on behalf of an undertaking are provided “in the course of a business”, even if the persons providing the services are acting on a pro bono, volunteer or not-for-profit basis.

(7) Subsection (1) applies whether a person is acting—

(a) on behalf of a client;

(b) on behalf of an employer;

(c) as a volunteer on behalf of a charitable or other organisation; or

(d) on the person’s own behalf (subject to subsection (4)(g)); but the Secretary of State may by regulations made by statutory instrument permit persons who provide lobbying services on behalf of an organisation (in any capacity) to rely on the organisation’s registration.

(8) The Secretary of State may by regulations made by statutory instrument provide that a person does not contravene section 1 by providing lobbying services without being registered, provided that the person becomes registered within a specified period beginning with the first date on which those services were provided.’.

Amendment 44, title, line 2l, leave out ‘consultant’ and insert ‘professional’.

[Jon Trickett]

Let me welcome you to the Chair, Ms Primarolo, for the start of this very important Committee stage. We all look forward to your wise advice as we proceed with detailed scrutiny of the first part of this absolutely dreadful Bill—a Bill which no single stakeholder of any importance has endorsed. Part 1 is in need of major change, and it is only as a result of the unfortunate abbreviation of the time available that we shall not be pressing every single one of our amendments to a vote. We will see how far we get. I do not intend to speak for too long, because there are so many important matters to be dealt with this afternoon. I apologise to the Committee for needing to slip out for a few minutes at some stage; I have a long-standing engagement.

I want to make three points. First, there is a need for a universal register of all lobbyists, to which amendment 2 and further consequential amendments refer. Secondly, we strongly object to the Government’s tabling of amendment 76, for reasons that I shall explain shortly. Thirdly, amendment 9 and amendment 48—tabled by my hon. Friend the Member for Nottingham North (Mr Allen), the Chair of the Political and Constitutional Reform Committee—widen the definition of “lobbyist” to ensure that all activities are properly registered.

The Government frequently claim to be the most transparent Government in history. That is a large claim. However, when it comes to making a choice between their commitment to transparency and the protection of vested interests, they always come down on the side of vested interests at the cost of transparency. That much is clear from the very first clause of the Bill, which needs to be amended.

[Grahame M. Morris (Easington) (Lab)]

Earlier this year, a private health care company, Hospital Corporation of America, was awarded a contract to treat NHS brain tumour patients. That happened after the same company had donated £17,000 to the Conservative party. Does my hon. Friend agree that such transactions are the ones that the public want to get to the bottom of, and that the Bill does nothing to achieve that?

[Jon Trickett]

My hon. Friend has made a powerful point about the way in which the Bill that became the Health and Social Care Act 2012 was prepared. As we know, the private health industry operated substantially behind the scenes in preparing the ground for that Bill. We also know that the legislation has led to a variety of actions that seem to have introduced an increasing amount of engagement in the NHS by the private sector, but that is not the point that I am addressing this afternoon.

The Government’s decision to limit the register to consultant lobbyists will lead to a narrowing of the register, because it excludes nearly all the lobbyists who are working professionally in our country today. Indeed, it would deepen the shadows that many people believe fall wherever the industry practises. Our amendments will seek to make the register universal and transparent and make what the lobbyists are doing transparent, by bringing the whole of the professional industry into daylight.

[Charlie Elphicke (Dover) (Con)]

I am a little puzzled as to the distinction drawn in the hon. Gentleman’s amendments between the terms “consultant” and “professional”. Can he explain the difference?

[Jon Trickett]

I will explain it, but it is not too difficult to understand. I have met and consulted representatives of the whole of the industry, and they have told me that only a tiny proportion of the industry are so-called consultant lobbyists—third-party lobbyists or, as it were, hired guns. Professional lobbyists who work in-house will not be covered under the definition in the Bill, which is why we feel the use of the term “consultant lobbyist” narrows the Bill’s scope.

[Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)]

I thank my hon. Friend for that very helpful explanation. I do not know whether he is aware of these comments made by Cameron Penny, a financial services lobbyist, on ConservativeHome:

“In a ludicrous reduction in the level of transparency to which I currently submit, the Bill wouldn’t mean I’d have to register as a lobbyist. As an employee who lobbies on behalf of an employer whose business is lobbying; they would have to register, I wouldn’t.”

I therefore urge Members on both sides of the Committee to support Labour’s amendment, so that we ensure that we establish a lobbying register that includes all lobbyists, not just a very narrow 1%.

[Jon Trickett]

I thank my hon. Friend for making that point. I met all the representative bodies of the lobbying industry only two or three weeks ago, and I asked them how many of their members would have to register under the definition of “consultant lobbyist”. They knew of nobody—not one single person—who would be both a consultant lobbyist and registered under the definition of lobbying in the Bill.

[Several hon. Members]

rose—

[Jon Trickett]

I am going to make some more points on this matter in a few moments, and I may take some interventions then.

Our amendment would secure a register that includes in-house lobbyists as well as lobbying consultants and sole traders, all of whom are excluded under this Bill.

We should remember that in previous debates many Members reiterated the view that there is nothing wrong in principle with lobbying. In fact, lobbying brings life to our democracy and we, as Members of Parliament, frequently gain important information from being lobbied. Therefore, nothing I or any of my colleagues say today will suggest that there is anything wrong in principle with lobbying. That activity should, however, take place in the full light of day, not in the shadows.

[Valerie Vaz (Walsall South) (Lab)]

Is my hon. Friend aware that a leading tobacco company employed 161 people to lobby MEPs? Would all 161 of them be registered?

[Jon Trickett]

My hon. Friend makes a very important point. I assume she is saying that the 161 individual lobbyists were employed by the tobacco company. If that is the case, under this Bill not one of them—not a single one—would be required to be on the register. That is why when she intervened on me I was saying that we want all lobbying activities to be brought into the full light of day, not remain in the shadows.

[Mr John Redwood (Wokingham) (Con)]

Has the hon. Gentleman discussed his proposals with leading national charities, because they might not wish to have to register their people, who are legitimately campaigning for their charitable purpose?

[Jon Trickett]

I have—but I do not know whether the right hon. Gentleman has done so. He might be well advised to meet them first, before asking a question like that. Yes, I have met the leading charities. I have also met representative organisations of the leading charities, and I have made two things clear to them. First, if they employ lobbyists according to the definition that we want to introduce, they will have to be registered. Even the large representative organisations say that that is the right thing to do. We are talking about professional lobbyists. Throughout the country, in every neighbourhood and constituency, there is much excellent community and charitable work that is undertaken voluntarily, and that is not professional lobbying. We do not expect people who lobby us at our surgeries with a particular problem in their neighbourhood to have to register. However, if a large organisation such as a charity—I can think of some that spend £300 million a year; that is their turnover—has parliamentary consultants working for them or for third party organisations that are lobbying Parliament in the material interests of that charity, that should be registered. The register will take only a few moments to fill in—it is not a particularly arduous task—and it is right that anyone who lobbies Parliament should be on it.

That is not my view alone, and it is not the view simply of the Opposition. I have met, as I have told the Committee, all the representative organisations of the lobbying industry. I have met many chairmen, chairwomen and managing directors of the larger lobbying companies and, almost without exception, they think that the Bill is too weak and does not go far enough, so they oppose it. I have also met all the lobbying transparency campaigners. One would not think that the people who campaign for lobbying and the people who campaign to constrain lobbying would inevitably share the same point of view but, in this case, without exception, both sides say that the Bill is simply inadequate.

The Bill is simply not up to the task, and it is likely to make lobbying more opaque, rather than more transparent. By suggesting that the register should include only consultant lobbyists, the register would exclude—these are important figures; they are not mine—99% of meetings between lobbyists and Ministers; 80% of lobbyists; and 95% of lobbying activity. Much of that activity and those lobbyists are already registered on voluntary registers. More likely than not, they will deregister if the Bill is introduced. We will know less about the industry and its activities than we do now.

[Mrs Anne Main (St Albans) (Con)]

Does the hon. Gentleman share my concern that private meetings, private lunches and any contact that seeks to influence or give guidance to people on how to influence is not covered by the Bill?

[Jon Trickett]

That is a powerful point, but I do not want to stray too far down that track because you may rule me out of order, Ms Primarolo; the issue is not relevant to this group of amendments. However, the hon. Lady is quite correct—as a whole, the Bill completely excludes 99% of lobbying activity. Consultant lobbying does not include, for example, lobbyists who work in-house—a point that I have made in response to the Government. People who work for big tobacco companies or those who operate in law firms as lobbyists would not have to register.

I shall give the Committee an example. The right hon. Member for South West Surrey (Mr Hunt), the former Secretary of State for Culture, Media and Sport, was revealed to have texted Mr Fred Michel, the in-house lobbyist for News Corporation, about matters that pertained to News Corporation’s business, but those exchanges would not have to be registered if the Bill became law, because Mr Michel was an in-house lobbyist, not a consultant lobbyist. One of the big scandals of this Parliament would simply be missed by legislation that is meant to clean up lobbying once and for all.

Even the Leader of the House conceded to the Political and Constitutional Reform Committee that the definition of consultant lobbyist was narrow. He said—bear in mind that a Minister said this, not us—“It is not that we believe consultant lobbyists are the only ones lobbying. Clearly they are a minority.” The Leader of the House makes the point more effectively and with fewer words than I am. The point is that a very small minority of lobbyists and lobbying activity will be covered the Bill.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

As Members of Parliament, we expect to be lobbied by people who are lobbying in their own interests. In that respect, a company is a person. In legal terms it is just another person. We expect to be lobbied by our constituents and by other people who are not constituents in respect of matters of national interest. Will the hon. Gentleman explain why such lobbying is corrupt? What would be corrupt—[Interruption.] Excuse me. What would be corrupt is Members of Parliament receiving payment or being influenced by anything other than argument. Otherwise, I cannot see why he wants to capture so many people in a lobbying register. Will he explain that?

[Jon Trickett]

I will briefly make several points. First, there is a Government amendment before the Committee this afternoon that excludes companies from having to register, yet the hon. Gentleman points out that in law companies are individuals—they are legal persons. On corruption, I have not made the case that the lobbying industry is wholly corrupt. Not at all, but there is a huge gap between the population and the political and commercial elite in our country.

Too many people believe that decisions are made in secret, in the quiet rooms around here—smoke-filled rooms, perhaps. Nobody knows how those decisions are made or on whose behalf. It would be better if the general public understood how decisions were made, who was pressing for those decisions and in whose interests they were made. The Prime Minister himself said that sunlight is the best disinfectant. We should introduce legislation that would make sure that all lobbying activity was registered and properly accounted for. People would then know how decisions were made.

[Grahame M. Morris]

On the scope of the clause and the limitations on who is covered by it, Members of Parliament are lobbied, but will the public think it morally right that at least 58 Members of Parliament on the Government Benches have current or recent directorships or consultancy activities with private health care firms from which they benefit personally? That is not covered at all by the terms and scope of the Bill.

[Jon Trickett]

I thank my hon. Friend. My views on MPs’ second jobs are well known. They were debated in the House not too long ago.

The Leader of the House accepted that consultant lobbyists are a tiny minority. The Government have constructed a straw man argument in order to give the appearance that they are taking action on lobbying transparency, whereas in reality they are doing no such thing. Why is a register of consultant lobbyists proposed in the Bill? In my view it is because the Government merely want to be seen to be doing something while in fact doing very little.

We, the lobbying industry and the lobbying transparency campaigners, as well as the Select Committee, all want to act to achieve greater lobbying transparency for the good and the health of our democracy. We want to suggest something different to the Government. We want lobbying transparency because in a 21st century democracy it is only right that people can see how their Government are being influenced and by whom—which commercial forces lie behind particular decisions. That requires a register of all professional lobbyists. All lobbyists would then have to meet the same high standards, not only to create a level playing field within the industry, but to make sure that big money can no longer buy more influence than the rest of the population by using underhand techniques.

Instead of ensuring high standards in the lobbying industry, however, the Government would make the situation much worse. That is not simply my view. Mr George Kidd, acting chair of the UK Public Affairs Council, the body that runs the largest voluntary register of lobbyists, said that

“there is a risk that in doing something we do harm rather than good. We may end up with a less transparent system than we currently have if the definition is unchanged and”—

listen to this—

“we have a statutory register with very few names, if any, on it. People will be able to construct their business never to be on it.”

He suggests that we may have a register with no names on it—no lobbyists at all—and a register that is so full of loopholes that it is possible for anybody, with the smallest amount of ingenuity, to find a way to avoid getting on to the register. It would appear that the word “transparency” in the Bill’s title is a total misnomer.

If all that were not bad enough, Government amendment 76, in the name of the Leader of the House, rather remarkably succeeds in achieving what many think is impossible: making a bad Bill even worse. Despite comprehensive and uniquely united criticism and a consensus against the Bill, the Government have decided in their wisdom further to amend it, not in order to strengthen it, as lobbyists and experts have recommended, but rather further to weaken it. Rather than including companies and organisations that employ lobbyists on the register, as happens currently with the voluntary register, the Government have chosen to seek to limit the scope of the Bill further with this amendment by removing the need for a lobbyist’s employer to register. This is an important point, so I hope that the Committee is following the argument. For a register to bring meaningful transparency to the lobbying industry and to allow public scrutiny of lobbying, it must surely include, at the very least, all those who are doing lobbying. That surely must include the individual lobbyist’s employer. Yet that is precisely what the amendment seeks to avoid. Without the information on who is employing a particular lobbyist, it will be impossible to know which organisations or companies are lobbying at all, let alone what they are lobbying about or how often they are lobbying. The amendment is a retrograde step.

I have highlighted before how the Bill is weaker than the existing voluntary code, and the Government amendment is a case in point. The public or an organisation seeking the services of a lobbyist can currently search the voluntary registers in a way that discloses an organisation or employer’s client list, but the Government’s new proposals will remove that ability. The amendment removes the necessity for the lobbyists’ employers to be registered. We would know who the lobbyists were if they were consultant lobbyists, not if they were professional lobbyists, but we would not know who they were working for. We would not know who their colleagues were. Nor would we know which clients were being served by their colleagues. Nor would we know which other clients were employing the same company. We would not know the identity of the directors of the company. I would argue that knowing the names and identities of the directors of the company is quite important. Arguably, a company director may not themselves be a lobbyist, but it would be of interest to know who the directors of the company were which employed the lobbyists who were then on the register, and the amendment would exclude such a possibility.

Finally, we would not know who the shareholders of the company were, which leaves a massive opportunity for opacity. We would not know who the directors are or who owns the company, the name of the company or its registered address; we will be able to know simply that a lobbyist, Mr M. Smith, or whatever his name may be, is working out of Wimbledon. We will have no idea who his colleagues are, what company he works for, what its registered address is or who its shareholders and directors are. It really is a very bad and dangerous amendment. Rather than opening up the lobbying industry, the Government’s proposal would allow companies and organisations to hide behind the legislation.

[Grahame M. Morris]

The point about identifying who works for whom must be complicated by the fact that some consultancies are employed by a number of different companies. Could they disguise the fact, using zero-hours contracts, that they are not working exclusively for one employer?

[Jon Trickett]

Again, my hon. Friend makes an important point. The truth is that we will have no idea whom they are working for. We will know who their clients are, because that is required on the register, but we will have no idea who employs them. That seems to me to be a rather critical question to ask. For those people now on the voluntary register and operating to an ethical code, we know who their clients are and whom they work for, and the companies they work for also register. If the amendment is made, we will have no idea whom they are working for or who their other clients are. It seems to me that those on the Government Front Bench—I look to the Minister—should reflect on the amendment carefully before deciding whether to press it. It is very dangerous.

[Mr Geoffrey Cox (Torridge and West Devon) (Con)]

Why does the hon. Gentleman think that those dangers would arise as a result of the proposed amendment? The word “person” would apply equally to an individual as to a company, so

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

could mean either a company or a human being. Indeed, it is likely to mean both, because if the person is carrying on business on behalf of an employer that is a company, he should register not only himself, but the company. I do not understand his objection, unless he has seen something in the Bill that I have not.

[Jon Trickett]

Let us look at the clause concerned. Clause 1 currently states:

“A person must not carry on the business of consultant lobbying unless—

(a) the person, or

(b) if the person is an employee, the person’s employer,

is entered in the register of consultant lobbyists.”

Amendment 76 would exclude paragraph (b), so I deduce from that that the Government do not wish to have on the register the employer of the person who is being registered. If I was incorrect in my interpretation, no purpose whatsoever would be served by that deletion, or by its inclusion in the Bill in the first place.

[Andy McDonald (Middlesbrough) (Lab)]

Is that not the entire point? There would be no need to specify the person’s employer if they could stand alone. If a person is included, what was the point of putting that in the Bill in the first place? It is being deleted specifically to exclude the corporate entity. It is as plain as a pikestaff.

[Jon Trickett]

rose—

[Mr Cox]

Will the hon. Gentleman give way?

[Jon Trickett]

The hon. and learned Gentleman will have a chance to make a contribution if he catches your eye, Ms Primarolo.

The point is this: we will have the same individual, Mr Smith from Wimbledon, and we will know who his clients are. Under the Bill, as drafted, we will know who his employer is. If amendment 76 is made, we will not know who his employer is, so there will be a gaping hole in our knowledge. It might not matter so much for us, but there are tens of millions of people outside in the country who want to know why the Government abandoned legislation on, say, plain tobacco packaging, or why they suddenly decided to proceed with the privatisation of our national health service.

Amendment 76 would have a dramatic impact on the rest of the Bill, rendering parts of it entirely redundant. Clause 4, for example, requires a lobbyist captured by the Bill to register the address of their main place of business or, if there is no such place, their home address. The individual lobbyist’s home address could be registered and we would not know their place of employment. Yet clause 4 has been drafted precisely to attempt to ascertain where that person would be working from. Again, the Government amendment imperils the very principle of transparency that the Bill claims to advocate.

[Mr Cox]

rose—

[Jon Trickett]

I shall not give way again on this point.

In addition, if only individuals are required to register, there will be considerable risk of a knock-on impact on the Government’s ability to raise the necessary funding for the register. It will be interesting to hear what the Minister will say about that.

--- Later in debate ---

[The Deputy Leader of the House of Commons (Tom Brake)]

Under the hon. Gentleman’s approach to lobbying, how many companies would be on the register and how many contacts would have to be logged each year? What would be the cost of running his alternative?

[Jon Trickett]

This is a £2 billion industry, and what we propose would cover almost all the activity that we can identify in it. It would not need to be costly; we have sat down with the industry, taken their advice and listened to their criticisms. They have told me that to complete a form of the kind proposed would take only a few moments a year and dramatically open up the whole industry. We will come to the register when we discuss other clauses. I am sure that you, Ms Primarolo, will tell me that I cannot pursue a matter that is the subject of later amendments. We will come back to the costs of the register.

[Andrew Gwynne (Denton and Reddish) (Lab)]

rose—

[Jon Trickett]

I will give way to my hon. Friend and then wind up.

[Andrew Gwynne]

I noticed that the Minister did not respond to my hon. Friend’s important point that 95% of lobbying activity will not be covered by the Bill. Is my hon. Friend aware that the Public Relations Consultants Association goes even further, specifying that the Bill would cover as little as 1% of overall lobbying?

[Jon Trickett]

I am grateful to my hon. Friend, who is of course right. The whole industry agrees without exception and universally—there is total consensus—that this Bill simply does not meet the challenge of the day. The industry wants a register. It wants transparency because it lives in the shadows. Many professional and ethical lobbyists feel that they are being criticised unfairly. They also feel that they have been undermined by a small minority of lobbyists who are behaving unethically and do not register on any of the voluntary registers. They want a level playing field—they are right to do so—and the public want to know how decisions are made.

The Chartered Institute of Public Relations summed up the situation perfectly when it said:

“The Government’s lack of engagement with the industry is reflected in a poorly drafted and narrow definition which does not accurately reflect the work undertaken by lobbyists, including those the Government perceive to be acting in the capacity of a consultant lobbyist.”

Let me return to the problem of who will be caught under the Government’s definitions and who will be excluded. It is reported that in 2011 the British financial sector spent £92 million on lobbying politicians and regulators. Documents have now come to light that suggest that they secured a series of governmental financial measures that were very favourable to the finance industry. However, all this lobbying activity was carried out by in-house lobbyists and therefore would not count within the definition of “lobbying” that the Government have sought to deploy in the Bill.

[Tom Brake]

Will the hon. Gentleman give way?

[Jon Trickett]

No—I am about to finish.

The consequence is that the public would have no knowledge of how any of these decisions were made. That is why we have tabled our amendments.

[Mrs Main]

It is important that we are having the Committee stage of this Bill on the Floor of the House because we can, I hope, bring consensus to the matter. Lobbying affects Members on both sides of the House and affects all of us as constituency Members of Parliament, so it is important that we get the Bill right or there will have been little purpose to having it.

I rise to speak to my new clause 5. I have a deal of sympathy with amendments 9 and 48, which seek to capture some of the concerns that many of us have about making sure that the field of lobbying is fair and transparent and that the definition of “lobbying” captures all the activities that most people would recognise as such. The new clause refers to activities that any “reasonable person would assume” to be activities

“intended to have the effect”

of lobbying. That is important, because lobbying is a very subtle, even devious, art. Pressure can be brought to bear with a view to setting off a favourable reaction or having a desired effect. We have often heard the aphorism, “Does the flap of a butterfly’s wings set off a tornado elsewhere?” A lobbyist would certainly hope that it does. We have heard about the subtle art of making sure that people are in the right place at the right time to catch somebody’s eye to have that casual conversation. As the Bill stands, none of this is captured, and I am very concerned about that. The public are rightly sceptical about why, despite campaigns and efforts by ordinary people, so many decisions seem to go the way of the big developer, the big money or the big organisation, while the little’s person’s voice gets lost. Many of us would believe that the answer is powerful, behind-the-scenes lobbying.

I hope that we can find a way forward through this morass of amendments, many of which seek to achieve the same thing. I do not hold mine so dear that I would not support somebody’s else’s if it brought greater clarity to the Bill, because that is what this Committee stage is about. I want to make sure that up-front lobbying by charities and organisations that are captured by the Bill and, indeed, logged on departmental websites, is seen as fine. We need to address the informal, behind-the-scenes lobbying over the cup of coffee, the glass of wine or the lunch. That is the lobbyist’s art. These connections may be made by people whose role is a lobbyist and who use personal and private connections to call in favours, gain access or put their point of view. Surely that is what people would hope a Bill such as this should be about, and I hope that it is what it will be about.

--- Later in debate ---

[Chris Bryant]

Of course I have read the amendments on pages 658 and 659, but I think they would have exactly the opposite effect from what the hon. and learned Gentleman says. The concept of a non-lobbying activity is as interesting as the concept of a lobbying activity. That is why I think this Bill provides so many grey areas, and that, in turn, is why I can see that it would recommend itself to lawyers—to lawyers, I repeat.

[Jon Trickett]

The hon. and learned Member for Torridge and West Devon (Mr Cox) is a lawyer.

[Chris Bryant]

Yes, that is the point I am making. Because of those grey areas, a great deal of business is likely to come from this proposed legislation.