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

Michael Meacher Excerpts

Tuesday 3rd September 2013 Commons Chamber

[Mr Michael Meacher (Oldham West and Royton) (Lab)]

This has been a sleaze-ridden Government, as we all know. There have been at least eight well-reported lobbyist scandals in the past three years and one thing links them all—none of them will be covered by this Bill, including the enormous scandal over Lynton Crosby. The Bill is ridiculously narrow—it is estimated to cover only 1% of ministerial meetings—and that ensures that more than 80% of the activity of the lobbying industry will not be regulated and will not have to register.

The Bill actually provides less transparency than there is now. It sets up a new register with much lower standards of practice than there are even under the voluntary register—for example, it contains no code of conduct. Loopholes mean that lobbyists will still keep their client lists secret. Lobbyists will not have to register if they have a business that, it can be argued, is mainly a non-lobbying business—that will give lawyers a field day. The Bill will not require consultant lobbyists to declare how much they spent on their lobbying activities. That is a crucial omission, but the biggest omission is the lack of a code of conduct backed by sanctions, which means that the whole exercise is spineless, as there will be no penalties for bad practice.

As we know, part 2 outrageously curtails the ability of charities and other non-party groups to campaign on political issues in the 12 months before a general election. The Bill cuts by almost two thirds the amount that third-party groups can spend during that period. As has frequently been mentioned, there is great uncertainty about what the Bill means by “for political purposes”. The uncertainty about how exactly that will be operated is bound to have a chilling effect on freedom of expression.

The Bill also contains anti-trade union provisions. Unions with more than 10,000 members are to be required to submit to the certification officer an annual membership audit certificate, in addition to the current duty to submit an annual return. The certification officer will have the power to require the production of relevant documents, including membership records and even private correspondence. What is the rationale for these draconian provisions? No evidence is put forward in the discussion paper to demonstrate that communications are not reaching union members or that there are any shortcomings in the trade unions’ duty to maintain a register of members. Not a single objection has been raised to the certification officer in the past two years on these grounds. Lobbyists are being let off the hook almost entirely by the Bill, so why are trade unions gratuitously and wantonly being screwed down to tighten a system that is already working perfectly satisfactorily, without a shred of evidence being provided to suggest otherwise? [Laughter.] There has not been a single objection in the past two years to the certification officer; the hon. Member for Reading West (Alok Sharma) ought to consult the facts.

Surely it is obvious that the real motive behind this part of the Bill is that the Government are eager to help employers to mount injunction proceedings when union members have voted for industrial action, seizing on minor, if not minuscule, details which the Court of Appeal had previously regarded as de minimis or accidental. That whole process of inserting minor, minute, technical, bureaucratic obstacles and hurdles in the path of unions that are carrying out their perfectly legitimate and proper functions is really behind part 3.

Even by the standards of this Government, this is a nasty little Bill. It is full of vicious partisanship and it will be a stain on the statute book of this country if it is allowed to pass. Like many hon. Members, I strongly believe that what is needed is for the Leader of the House to have the courage to withdraw this Bill, in the light of the fact that there is almost no support for it across the House, and to start the process again via consultation and negotiation in the Select Committee on Political and Constitutional Reform.