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

Lord Aberdare Excerpts

Tuesday 5th November 2013 Lords Chamber

[Lord Campbell-Savours]

My Lords, I support wholeheartedly the amendment spoken to by the noble Lord, Lord Norton of Louth, although I have slight reservations as it is debatable whether PPSs should be included.

I shall speak to Amendments 68 and 69, which stand in my name in this group. Amendment 68 is to press Ministers on whether they feel the Bill adequately covers the possibility that lobbyists may, for whatever reason, seek to hide the name of the recipient of the payment. There is a reference in Schedule 1, Part 2 to the beneficiaries of payments, but I do not think it is absolutely clear what the intention is there. A person lobbying may be acting on behalf of another whose identity as a lobbyist is not to be revealed, but where the person whose name or company name is not to be revealed is the recipient of the financial consideration. There may be circumstances where a lobbyist has been subcontracted by another lobbyist to carry out work where the subcontractor has an expertise which the main contractor lacks, but where the main contractor does not wish to lose their client account due to a lack of expertise. There may be circumstances where a lobbyist subcontracts the work for a particular client to avoid revealing to another client that the main contractor lobbyist has other clients in the same commercial sector. There may be circumstances where a lobbyist hires a subcontractor for Client A to avoid revealing to his or her client that he is also representing Client B, whose interests are diametrically opposed. These are but a few scenarios that could include the avoidance of registrar penalties, potential disqualification as a registered person or even matters relating to liability to the Inland Revenue.

Amendment 69 brings us to the heart of the legislation. It dominated debate in the Commons. It would require the name of the person lobbied and the subject of the lobbying, which we have been dealing with extensively this evening. It follows broadly the case made by Graham Allen MP, chair of Political and Constitutional Reform Committee, in his Amendment 100 during Report stage in the Commons. His committee had recommended:

“The information that the registrar requires to be listed should be expanded to include the subject matter and purpose of the lobbying, when this is not already clear from a company’s name. To be clear, this should not involve the disclosure of detailed information about the content of the meeting—just a broad outline of the subject matter and the intended outcome”.

The Government’s response to that recommendation is just not credible. It talks of the availability of information, which I raised on an earlier amendment on ministerial diaries. We know that that system does not work because it is a congested system. The truth is that we have a huge gap in transparency and, sadly, the Government are doing very little to bridge it. The register is useless if all it does is list a few names that are already on the lists of the professional bodies. We need real hard information on who is lobbying, when they lobby, on what issue and on whose account.

[Lord Aberdare (CB)]

My Lords, I support Amendment 115, tabled by the noble Lord, Lord Norton. If the Government are not willing to go for a comprehensive register covering a wider range of lobbyists and those who are lobbied than currently envisaged, this seems a much simpler and more sensible approach that will be cheaper for the public purse and for the relatively small number of consultancy companies that would otherwise have to bear the not-insignificant costs of the registration system.

[Lord Hardie (CB)]

My Lords, I welcomed the amendment of the noble Lord, Lord Tyler. The amendment of the noble Lord, Lord Norton of Louth, goes further and I welcome that even more. In Amendment 81 I go even further. Noble Lords will see that it would introduce a register of lobbying activities. It gives statutory effect to the welcome initiative of the Government in requiring Ministers and Permanent Secretaries to publish on a quarterly basis details of meetings they hold with external organisations. This statutory register would ensure that this practice continues under future Governments. It would also include details of lobbying activity submitted by lobbyists. The public would obtain from this register a clear picture of lobbying activity within any quarter.