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

Debate between Mark Durkan and Tom Brake

Wednesday 22nd January 2014 Commons Chamber

[Tom Brake]

I am afraid that I cannot give the hon. Lady an answer to that question immediately. However, if she wants, she can do what a number of newspapers have done when they have produced so-called scoops. They have gone through the quarterly ministerial reports, looked at the meetings registered and added up the number of meetings with the permanent secretary. That information is there if she wants to pursue the question.

[Mark Durkan]

On the question of the definition of “special adviser”, will the definition the Deputy Leader of the House has cited include the new class of policy advisers who, we are told, will be “specialist” rather than “special” advisers and will be appointed by Ministers to move policy along in significant areas?

[Tom Brake]

I have set out the definition. I am afraid I do not know the answer to the hon. Gentleman’s question, so I will see whether they would be included and get back to him.

[Tom Brake]

I think the hon. Gentleman is asking me to require the Government to publish all the internal workings of government, but that is not done by any Government. My view is that the Government’s proposed amendments in lieu will be a pragmatic response to the Lords’ concerns.

Let me turn to the amendment tabled by the Chair of the Political and Constitutional Reform Committee. I should remind the House that we have discussed the matter and that no relevant amendments were moved. Similar amendments were moved in the House of Lords, and the extension of the register to public officials such as civil servants was rejected by a substantial majority of 51. As I have outlined, the register is intended to complement the existing Government transparency regime. Both systems are intended to enhance the transparency of key decision makers—Ministers and permanent secretaries—and those who communicate with them.

[Mark Durkan]

It is somewhat unfair of the Minister to rely on the fact that no amendments to expand the scope of the register to include special advisers were moved in this House. Many amendments were tabled that would have extended the scope to include special advisers and senior civil servants, and it was only the exigencies of time that meant that Members did not move them, as they would have lost time for debate by calling a Division.

[Tom Brake]

Had we had the opportunity to discuss amendments on civil servants, for instance, we could have considered the impact, the scale—that is, how many thousands of civil servants it would have included—and the potential costs associated with such an extension. In some ways, I would have welcomed that.

As we have previously outlined, there is little value in extending the scope of the register to those who are not required to publish their meeting details. We are not persuaded that the introduction of meeting reporting obligations for senior civil servants is appropriate. Such a system would result in an unnecessary, disproportionate and unhelpful administrative burden and the cost to the public purse could not be justified in the light of the limited transparency benefits that would be achieved.

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[Tom Brake]

I have received clarification on that point. The new type of adviser to which the hon. Gentleman is referring exists only as a recommendation in a report on civil service reform. Such advisers do not currently exist, so it is impossible definitively to confirm or deny whether they would be covered by the proposals. If the new advisers are employed on the same basis as special advisers and are therefore covered by the Constitutional Reform and Governance Act 2010, they would be covered. If they are not employed on that basis, but are employed as civil servants, they would not be covered.

[Mark Durkan]

In what I have read, Government officials have said that the new advisers will not be special advisers—they might be specialist advisers, but they will not be special advisers. They will advise on policy. We are told by the Ministers who back the idea that it is about trying to break the logjam in Government and move policy along decisively. They will therefore have a key role in moving public policy along. It is Ministers, not Opposition Members, who are planning to have this new breed of advisers—this addition to the ecosystem of government and the networks of advice—so if the Government have not worked out what class of beast they will be, they cannot condemn the rest of us for asking and wondering. As legislators, we are meant to think forward to things that are planned and that are likely to happen.

The Chair of the Political and Constitutional Reform Committee has said that the reason he will not press amendment (a) to a Division is purely to afford the House time to discuss the issues in part 2 of the Bill that need to be discussed. However, I want to stress the merits of amendment (a). I hope that in future Ministers will not abuse the fact that a proposal is not being pressed to a Division out of courtesy to the Chamber because it has other serious concerns to discuss to make out that Members do not care about the issues or that the issues are not serious, as they have done today. These issues are serious. In my view, the Government have deliberately used the audacity of their proposals in part 2 as a human shield to cover the paucity and weakness of their proposals in part 1, which will apply only to those who present themselves in the Yellow Pages under the heading “Consultant Lobbyists”. People can engage in the business of professional lobbying on any other paid basis, whether it is in-house or for any of the big accountancy or legal firms, which provide all sorts of services.

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

Debate between Mark Durkan and Tom Brake

Wednesday 9th October 2013 Commons Chamber

[Tom Brake]

That is a challenging question, so I might need to get back to my hon. Friend shortly on it. I think that the whole issue of percentages is one that might require a response from others and measures to address it. I have heard his query and will ensure that he gets a specific response.

[Mark Durkan]

rose—

[Tom Brake]

I urge my hon. Friend the Member for Christchurch and the hon. Member for Caerphilly not to press their amendments.

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[Tom Brake]

I hope that the hon. Member for Foyle (Mark Durkan) will agree that I tend to take many interventions and make a point of trying to respond to them. To respond to his point on the impact in Northern Ireland, clearly the new definition of controlled expenditure will have an impact on the devolved Administrations. The lowered registration thresholds will also have an impact in Northern Ireland. With regard to Northern Ireland Assembly elections, the amount that a third-party organisation can spend campaigning against a named candidate is being increased from £500 to £700 through this legislation.

[Mark Durkan]

Will the Deputy Leader of the House clarify something? If there is a non-party campaign on a legislative proposal in the Northern Ireland Assembly, the Scottish Parliament or the Welsh National Assembly in the same calendar year as a Westminster election, will that count as being within the regulated period, and will that campaign about devolved legislative proposals count as part of controlled expenditure?

[Tom Brake]

The hon. Gentleman asks a very specific and detailed question. The difficulty in answering it is the extent to which any local community campaign organised at any level would have an impact on Westminster elections. Rather than giving him an off-the-cuff response, I will ensure that he gets a detailed reply. On that point, I will conclude my remarks.

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[Tom Brake]

I thank the hon. Lady for that intervention. The reason is simply that the Government wanted to arrive at some straightforward figures—£5,000 and £2,000 in the respective nations—and we felt that given the size of those nations, spending £2,000 had a significant impact on the election campaign. Therefore, from a transparency point of view, we felt this was important to allow people to see who was actively campaigning in support of a party or candidates.

[Mark Durkan]

The Deputy Leader of the House says that the Government wanted a figure that was straightforward. Were the existing figures not straightforward enough? Who has been running rings around them? What has been the ambit of the abuse that the Government are trying to deal with? What problem has been solved? Problems have been created, but the Deputy Leader of the House has not told us what problem is being solved.