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

Mark Durkan Excerpts

Tuesday 3rd September 2013 Commons Chamber

[Cathy Jamieson]

My hon. Friend has made an extremely pertinent point. I find it astonishing that the Electoral Commission has not been more involved in the process, and that no evidence was taken from it at an earlier stage with the aim of improving the Bill.

I believe in pre-legislative scrutiny. It has been part and parcel of the way in which the legislation has been dealt with in the Scottish Parliament, and I think that there should be more of it in this Parliament. If pre-legislative scrutiny was good enough for the Bill that became the Small Charitable Donations Act 2012—and I believe that it enabled us to improve that Bill—I cannot see for the life of me why it is not good enough for such an important and wide-ranging Bill as this.

[Mark Durkan (Foyle) (SDLP)]

Perhaps if there had been pre-legislative scrutiny we should be able to answer a very basic question that people are asking now. Why should the definition of the activities in part 2 have a wide and potentially rolling scope, while the definition of consultant lobbying activities in part 1 is deliberately and calculatedly narrow?

[Cathy Jamieson]

That too is an important point which could have been explored further during pre-legislative scrutiny. I fear that if the Bill is allowed to proceed, we shall find that when we try to repair some of the damage caused by its current construction, we shall be working on very shaky foundations. A Member suggested earlier that we could build on the existing provisions, but the Bill has a particular scope, and if we get it wrong when trying to build on those shaky foundations, something will come tumbling down at some point in the future. That is what the voluntary organisations and charities are so concerned about.

I now want to say something about Scotland and the devolved Administrations. My hon. Friend the Member for East Lothian (Fiona O’Donnell) asked the Leader of the House a specific question about the referendum in Scotland during his opening speech, but did not receive a response. I hope that one will be forthcoming in the winding-up speech.

Let me put to Ministers a number of points that were made in an excellent briefing paper supplied to Members by the Law Society of Scotland, an organisation that has a great deal of experience and an excellent record in scrutinising the technicalities of legislation. The briefing is very thorough, and I shall not quote from all of it in detail, because some of it would be dealt with best in Committee. However, I want to put on record some of its key points about what it considers to be the overall poor shape of the Bill, because they strike at the heart of this debate and echo arguments advanced by voluntary sector organisations and, indeed, by Members today.

The society says that it

“recognises the importance of ensuring the public’s trust and confidence in the political process”.

I think we would all agree with that, and would also agree that

“transparency provides effective oversight and scrutiny of the political process and is a central element of good governance.”

The briefing continues:

“The Scottish Government has indicated that they too shall…be introducing a bill for a statutory register of lobbyists.”

It also makes the important point that

“to ensure equal transparency, public understanding and appreciation by organisations and businesses, who engage in lobbying, of their responsibilities, the Scottish and United Kingdom Governments should ensure any registers are aligned to minimise potential business and public uncertainty.”

I hope that in the closing speech the Minister will outline what discussions have taken place with the Scottish Government. In particular, have the Government discussed part 2 of this Bill with the Scottish Government, and if they have not, do they intend to do so and bring forward further information to us?

The Law Society of Scotland has also raised the concern that the Bill covers only consultant lobbyists—effectively the third-party lobbyists. It suggests that that could give rise to confusion among the general public who, as we have heard, are unlikely to distinguish between consultant lobbyists, in-house lobbyists and any other form of lobbyist. That is an important point.

I hope Ministers will also look at what the LSS has to say on a number of other technical points in relation both to the definition of businesses and the definition—this always arises in discussions of Bills—of “person” or “persons” and what that will actually mean in practice.

Clause 12 states it will be

“an offence for a person to carry on the business of consultant lobbying”

unless they are registered, or to engage in lobbying activities if their details as entered on the register are “inaccurate or incomplete”.

The LSS raises serious concerns with regard to the strict liability offence. It is worried that

“a mere omission, error or inadvertency can result in an offence being committed in respect of clauses 12(2), 12(3) and 12(4).”

That is a very serious worry.

The LSS also refers to the measures in clause 13 on bodies corporate and Scottish partnerships, and suggests that if the Bill proceeds—I have to say I hope it does not—clause 13(3) should be amended in keeping with the terms of the Partnerships (Prosecution) (Scotland) Act 2013, because that relates to a point that is further expanded in clause 16, which addresses the statutory maximum of any penalty notices. There is a difference between Scotland and the rest of the UK in that context, and I hope Ministers will consider that.

Madam Presiding Officer, in conclusion let me say I think I have made my views clear—[Interruption.] I have done it again! I apologise Madam Deputy Speaker. I have been talking too much about the Scottish Parliament. Every time I do this, I think I must not ever do it again, and yet now I have done it again.

I think I had better cease at this point, other than to say that this is a very bad Bill. It is not well drafted and it will not enact the principles it espouses, and I will vote against it.