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

Lord Mann Excerpts

Tuesday 3rd September 2013 Commons Chamber

[Ms Eagle]

My hon. Friend makes an extremely powerful point. I do not think that it is right, without proper consultation, to seek to quash the kinds of activities that are political but not party political, especially during an election period.

[John Mann (Bassetlaw) (Lab)]

On the question of unintended consequences, has my hon. Friend had a chance to consider the complexities that the Bill would create for the Conservative party? The fact is that full-time employees are involved in creating donors’ clubs, and money from them goes from one constituency to another, meaning that every single Conservative association will be embroiled in an incredible amount of bureaucracy, with me monitoring every bit of their expenditure.

[Ms Eagle]

They should be afraid, Madam Deputy Speaker—very afraid.

I now want to look at each part of the Bill in turn, beginning with the part on lobbying. The Leader of the House attempted to keep a straight face when he claimed that the proposals will make the lobbying industry more transparent, but I am not sure that even he believes it—almost no one else does. Only this Government could think that the way to clean up lobbying is with a Bill that does not even capture Lynton Crosby. Only this Government could think that the way to clean up lobbying is with a Bill that would allow a lobbyist lobbying an MP about the lobbying Bill to escape the requirement to sign its proposed register.

Three and a half years ago the Prime Minister, when Leader of the Opposition, told us that lobbying was

“the next big scandal waiting to happen”.

He did not tell us then that he was going to do nothing about it for over three years but survive a series of lobbying scandals and then produce a Bill so flawed that it would actually make things worse.

I have two key points to make about the proposals on lobbying set out in part 1. The first relates to the laughably narrow definition of “consultant lobbyist”. Under the Government’s definition, someone will count as a lobbyist only if they lobby directly Ministers or permanent secretaries and if their business is mainly for the purposes of lobbying. It is estimated that that will cover less than one fifth of those people currently working in the £2 billion lobbying industry, and the Association of Professional Political Consultants estimates that only 1% of ministerial meetings organised by lobbyists would be covered. Moreover, it would be extremely easy to rearrange how such lobbying is conducted to evade the need to appear on the new register at all. The Bill is so narrow that it would fail to cover not only the lobbyist currently barnacle-scraping at the heart of No.10, but any of the lobbying scandals that have beset the Prime Minister in this Parliament.

My second point is that there is a real risk that the proposals will make lobbying less transparent than it is now. The Government’s proposed register would cover fewer lobbyists than the existing voluntary register run by the UK Public Affairs Council.

--- Later in debate ---

[John Mann (Bassetlaw) (Lab)]

I have some questions for the Minister to answer, if he will. Under the Bill, will paid transport provided by the South Cambridgeshire Conservative association for people to go to the London mayoral election be covered as third-party expenditure? Will the Tatton patrons’ club, as an independent body, be required to declare those who have contributed to its expenditure and where that expenditure has gone? Will that also apply to other patrons’ clubs of other Conservative associations across the country? When money from Tatton, Witney, Surrey Heath and many other patrons’ associations goes via constituency association accounts to other third parties—in other words, to other Tory associations—none of that is now specifically declared. Will the Bill require both sides to declare such activity?

My right hon. Friend the Member for Rother Valley (Mr Barron), the Chairman of the Committee on Standards and Privileges, made a point about the role of MPs as lobbyists. I eventually but successfully took 43 different firms of solicitors through the Law Society for misconduct, but I named a number of them publicly in advance without having had constituents come to me. I suspected that I had constituents who had been wrongly charged by them, but I did not have a mandate from a specific individual constituent. Would that action categorically have been permissible under the Bill? If there is a legal challenge in a comparable situation—that case involved firms of solicitors and there were many that might have done that at the time—will there be indemnity for Parliament and for Members of Parliament? I hope that the Minister who replies will give precise answers to those questions, because I think the House deserves to know.

On the general points, there is nothing in the Bill about the imbalance in party funding. The Conservative party wasted £250,000 trying to get rid of me, which had no impact whatsoever. Nevertheless, the unfairness in the democratic system remains. Do the Liberal Democrats intend to introduce an amendment on that point, so that we can support it if the Bill proceeds to its next stage?

On cash for access, we have seen MPs declaring that they are like taxis and we have also seen the recent scandals. Do the Liberal Democrats intend to introduce specific additional proposals to bring such activity into the scope of the Bill? It is wholly missing at the moment. As other Members have demonstrated, bodies such as BSkyB are excluded. Do the Liberal Democrats intend to introduce a specific clause that would bring the major lobbyists under the remit of the Bill, should it be passed today? Or is this a flawed attempt at gerrymandering, a half-cocked Bill that does not give anything to anyone other than confusion?

Finally, let me answer one point for my colleagues on the Opposition Benches who wanted information about why the Bill might be being introduced. There are figures for the membership of the Conservative party, so let me give a couple of examples. In South Cambridgeshire, membership has gone down by 21 and they are down to just 13 friends this year. In Tatton, membership has gone down by 43 and in Witney, it has gone down by more than 100. Surrey Heath has lost 350 members—a third of its membership—in the past three years. That might show the crisis in the Conservative party and might be why we have this attempt at gerrymandering today.