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

Lord Wigley Excerpts

Tuesday 22nd October 2013 Lords Chamber

[Lord Wigley (PC)]

My Lords, it falls to me to congratulate the noble Lord, Lord Horam, on an excellent and thoughtful maiden speech. We were, of course, fellow Members of another place—at least, intermittently so—between 1974 and 2001, during which period he had the highly unusual record of serving as both a Labour transport Minister and a Conservative health Minister. I respected him as someone who followed his personal convictions and was brave enough to do so when that meant reconsidering his party affiliation. He brings a breadth of knowledge with him to the Chamber and has done so today. He will undoubtedly contribute considerably to our debates in future. If he were ever again, in the fullness of time, to feel restless, there is always a warm welcome on the Cross Benches.

Turning to the Bill, I declare an interest as a patron or vice president of a number of organisations involved in campaigning on disability issues, including Mencap Cymru and Autism Cymru, details of which are in the register of members’ interests. I have grave misgivings about several facets of the proposed legislation, which seems to be a jumbled assortment of half-cocked ideas being rushed through Parliament without adequate consultation with those bodies which will be affected by it, particularly in the voluntary sector. It also seems to have a party-political agenda in the way that it aims to impose rules on trade unions in a manner which is perhaps geared to creating some mischief.

I first focus my remarks on the lobbying aspect of the Bill. Let me make two things clear. First, lobbying undertaken in an open, transparent and responsible manner is an essential ingredient of the democratic process. Secondly, it can be of great assistance to those in Parliament who have to address issues about which they may not have detailed personal knowledge or experience. Any restrictions placed on the ability of those affected by government decisions to present their case to decision-makers in the most effective manner is, I believe, an infringement of liberties. In the same way as those wishing to access justice through the courts need the help of professional lawyers, so those wanting to convey to Parliament and the Executive their opinions about proposed government action may need the help of professional consultants who know, from experience, the best way to get a message across to those in power.

I was a Back-Bencher for 27 years, and I know how valuable it was for me to have information presented coherently and concisely from both sides of an argument. It helped me to make an informed judgment on those many matters about which, inevitably, I did not have detailed personal knowledge. For example, when I was serving on a Standing Committee scrutinising European Commission proposals which impacted on economic, environmental and social dimensions in these islands, I could not have done my work without the help of such a consultancy, about whose assistance I obviously had to make a declaration, but that would not be permissible under today’s rules. Without that help, I could not have continued as a member of that committee, as the volume of paperwork that had to be scrutinised each week was enormous. I benefited from its research support, but I always made my own judgments, sometimes contrary to its perspective.

MPs are generalists. If they have specialist knowledge, it will be in only a small area of the wide range of policy on which they have to express an opinion. Responsible lobbying is an essential ingredient to make the legislative system work. However, it has to be responsible, and while the majority of lobbying consultancies no doubt undertake their work in a scrupulous manner, there is clearly scope for abuse. That is why we need a legislative framework within which they can operate, a framework which is open and fair to those wishing to influence decisions, one which applies to all lobbying organisations, one which is fair to the Executive and legislators who have to take decisions, fair to those who work in the lobbying industry and fair also to the general public, including those interests which may not command the resources to access professional lobbying but whose viewpoint may be equally valid. It is against the background of those considerations that I shall approach the details of the Bill at a later stage. However, I make it absolutely clear that I support a rigorous, transparent system of registration, provided that it is equitable and comprehensive. I believe that this is in the interests of lobbyists themselves as well as of the democratic process.

At this point I want to flag up two or three matters which cause me concern. First, there is a differential in this Bill with regard to the constraints placed upon Ministers and Permanent Secretaries on the one hand, and on MPs on the other. What is the position of a Minister who is approached in the context of his or her responsibility as a constituency MP? Again, do these constraints apply equally to Ministers and senior civil servants in the devolved Administrations? I support the point that the Bill should be wider in its application with regard to civil servants and, most certainly, policy advisors—the infamous spads.

Secondly, my main misgiving relates to the way in which voluntary organisations may seek to influence decisions so as to safeguard those on behalf of whom they campaign. To my mind it is unacceptable to regard these bodies as acting in a party-political manner and to constrain their freedom when they put forward a strong opinion on a matter which is in the political limelight, particularly at election time when policies are rightly under scrutiny. The testimony which many of us have received from the Royal College of Nursing is a case in point. I served for three years on its parliamentary panel, which was scrupulously balanced: two Conservatives, two Labour, one Liberal Democrat and one “odds and sods”, which included me. The RCN had a strong opinion, on behalf of its members, on government policy which impacted on the delivery of healthcare and associated services. It is not affiliated to the TUC, nor does it take any part in party-political arguments from a political viewpoint. It says in a briefing document which I imagine has been provided to most of us in this Chamber:

“We are deeply concerned by the provisions in Part 2 of the Bill, which will restrict the activities of organisations that seek to legitimately comment on and influence public policy in the run-up to a general election … As currently drafted, the provisions in the Bill may prevent us from raising important issues on behalf of our members if we reach the spending limit during the regulated period … The legislation would significantly restrict on the freedom of speech of organisations that have an essential and a legitimate role to play in a free democracy”.

Those are telling words that we should most certainly be taking on board.

The NCVO has stated,

“the Bill is incredibly complex and unclear. It may be difficult for charities and other voluntary groups to understand if any of their activities would be caught, and this runs the risk of discouraging campaigning activity”.

I urge the Government to suspend progress on this Bill after its Second Reading in order for there to be serious discussion on the advisability of progressing with Part 2 as it currently stands.

There are also sins of omission in the Bill. I see nothing here that will prevent political parties rewarding generous supporters with honours or even—it is alleged—appointment to this Chamber. When the two parties in government bring forward legislation to hamper voluntary organisations in the manner I have described, I believe it is quite cynical that there should be no tightening on those abuses within the political system. Parties plead that they cannot otherwise raise money to fight election campaigns, but there is a simple answer to that, which is to restrict the amount parties can spend on general campaigning in the same way as there are tight restrictions on spending on constituency levels, but that is not adequately covered in legislation.

Some would even advocate state funding of political parties as the answer to their cash-flow problems. To my mind, that would be an absolute outrage. At a time when vital services to vulnerable people are being cut because of the financial squeeze, it would be quite wrong to divert taxpayers’ money to prop up parties which cannot generate enough enthusiasm among their own supporters to fund their campaigns. Equally, there is a valid case to be argued that we must avoid having individuals and organisations buying influence from hard-up parties by contributing huge sums towards their campaigning costs. That is the balance that has to be struck and to which we shall undoubtedly return at later stages.

There are also questions relating to the way that this legislation impacts on the political process in the devolved legislatures of Wales, Scotland and Northern Ireland and the degree to which there has been political consensus with political parties and campaigning organisations in those territories in regard to the Bill. Is it the Government's intention to invite the National Assembly for Wales to introduce its own legislation in this field and, if so, will the Government ensure that the National Assembly benefits from a transfer of powers order to give it the necessary legislative power to deal with those matters? I hope that this House will improve the Bill significantly during its passage and that the Government will listen, particularly with regard to Part 2.