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

Lord Gardiner of Kimble Excerpts

Tuesday 5th November 2013 Lords Chamber

[Lord Hodgson of Astley Abbotts]

My Lords, I support this issue. If you are regulated by the Financial Services Authority you have to mention it. There is a very substantial series of penalties and enforcement procedures if you fail to comply with the authority’s regulations. We need to be clear in our own mind whether this is going to be seen as the kitemark, whether it is going to be permitted as the kitemark and, if it is, how we make sure the kitemark standards are achieved.

[Lord Gardiner of Kimble (Con)]

My Lords, first I thank the noble Lord for initiating what has been an interesting debate. I entirely agree with the noble Lord that parliamentary images should not be used inappropriately. At present the use of the Crowned Portcullis is governed by the following statement:

“The principal emblem of the House is the Crowned Portcullis. It is a royal badge and its use by the House has been formally authorised by licence granted by Her Majesty the Queen. The designs and symbols of the House should not be used for purposes to which such authentication is inappropriate, or where there is a risk that their use might wrongly be regarded, or represented, as having the authority of the House. The House symbol is primarily used to authenticate communications from Members”.

It is clear that the use of parliamentary images is the prerogative of the House authorities, and for that reason the Government do not wish to intrude on the existing arrangements, although I understand entirely the point that the noble Lord is making.

[Lord Campbell-Savours]

My Lords, is the Minister saying that the House is in a position to enforce an arrangement whereby the symbol is not used?

[Lord Gardiner of Kimble]

My understanding is that, if someone was wrongly using the emblem, following this statement, they would certainly be taken to task for using it inappropriately.

[Lord Campbell-Savours]

I am sorry, but that does not answer my question. Can the authorities enforce the non-use of it? If the Minister does not know, I understand that, and I am sure that he will find out. However, if the authorities do not have the power to enforce it, my amendment stands.

[Lord Gardiner of Kimble]

I think it is important to get chapter and verse for the noble Lord and, indeed, for myself, because I would not want to mislead him in any way. That is the reason the Government, having thought about this particular point, felt that the House authorities should have continued to have the prerogative.

I turn now to the amendment spoken to by the noble Lord, Lord Martin. Again, it is designed to address the problem he has identified in relation to accredited parliamentary lobby journalists, specifically that some are acting as lobbyists and/or are servicing all-party groups. As my noble friend Lord Younger of Leckie observed in his letter to the noble Lord following his intervention in the debate on Second Reading, matters relating to the conduct of accredited lobby journalists and to the administration of all-party groups are the prerogative of the Office of the Parliamentary Commissioner for Standards. I understand, however, that a core requirement of many of the voluntary codes of conduct that lobbyists currently already sign up to require that they do not hold parliamentary passes.

I also understand that, pursuant to a resolution of the other place, holders of photo-identity passes as lobby journalists accredited to the Parliamentary Press Gallery or for parliamentary broadcasting are required to declare relevant interests on the register of journalists’ interests. That register is compiled and maintained by the Office of the Parliamentary Commissioner for Standards. The commissioner also has responsibility for the rules governing all-party groups and hosts the register of groups recognised by Parliament, who their officers are, and information about the source and extent of financial and material assistance received by groups from outside Parliament.

Given the oversight of these matters by the House authorities, I suggest that it would not be appropriate for the Government to legislate quite in the manner that the noble Lord has presented in his well meaning amendment. However, I will consider the points made by both noble Lords on their amendments and I shall certainly clarify the point made by the noble Lord, Lord Campbell-Savours. In the circumstances I have outlined, I hope that he will feel able to withdraw his amendment.

[Lord Martin of Springburn]

My Lords, is the Minister telling me that I have the option of going to the Parliamentary Standards Commissioner if I find it to be the case that someone who is holding a Parliamentary Press Gallery credential is also holding a lobbyist’s credential? Is that what the Minister is saying? I find that difficult to take in because the Parliamentary Standards Commissioner must work within the rules and regulations of the House. He might say to me, “I am sorry, but there has been no breach of the rules. Reporter A can be a lobbyist as well as a journalist”.

[Lord Gardiner of Kimble]

My understanding, as I have said and as is set out in the letter the noble Lord has received from my noble friend the Minister, is that pursuant to the resolution, holders of photo-identity passes as lobby journalists accredited to the Parliamentary Press Gallery or for parliamentary broadcasting are required to declare relevant interests on the register of journalists’ interests. The letter also suggested that if the noble Lord had concerns, he should perhaps consider approaching the assistant registrar. However, I would like to take up the point that the noble Lord has posed to me because I want to be absolutely certain that what I am suggesting is correct. I want to clarify it because clearly that is the most important thing of all.

[Lord Campbell-Savours]

The point is that my noble friend’s amendment would require that they could not do both—they could do only one. The Minister is saying that they can do both as long as they register it. He is not answering the point in my noble friend’s amendment. The answer is, “No, we are not prepared to legislate, we are prepared to carry on allowing journalists to act as lobbyists as well, as long as they register it”. That is not my answer but it is the Minister’s answer and he should be blunt at the Dispatch Box and spell it out in that form.

[Lord Gardiner of Kimble]

The prudent thing to do is to reflect on what both noble Lords have said. I will come back to them.

[Lord Martin of Springburn]

That sounds good to me.