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

Paul Flynn Excerpts

Wednesday 22nd January 2014 Commons Chamber

[Tom Brake]

First, it is not unusual for things to proceed at this pace. I should also point out that what we are supposed to be focusing on in this debate is a limited number of amendments that have come from the Lords and some amendments in lieu that the Government are proposing—that is today’s subject. I do not want to make too long a speech, because I can see from the requests for interventions that a lot of hon. Members want to speak on this group.

Amendment 1 was moved on Report in the House of Lords by Lord Tyler and was agreed to by a majority of 18 votes. The amendment would extend the scope of the register to those who lobby special advisers, in addition to those who lobby Ministers and permanent secretaries. We debated this issue ourselves when discussing the amendments tabled in Committee by the Opposition, the Chair of the Political and Constitutional Reform Committee and other Members. During that debate, the Government made it clear that the register was designed to complement the existing government transparency regime and to address a specific problem.

It may help if I first remind the House of the context for the part 1 provisions—the unique open government context in which they have been developed. Transparency is at the heart of this Government’s agenda. We are opening up government and the public sector, and by doing so we are enhancing transparency, participation and accountability. [Interruption.] The noises from Opposition Members need to be quiescent for just a couple of seconds because I want to outline the things the Government have done since 2010 to open up transparency. We have published unprecedented amounts of information about decision makers and decision making. Since 2010, we have proactively and regularly published the following details: Ministers’ private interests; Ministers and permanent secretaries’ meetings with external organisations or individuals; Ministers and special advisers’ meetings with media proprietors, editors, and senior executives; all gifts of hospitality received by Ministers, permanent secretaries and special advisers; ministerial overseas travel; all official and charity receptions held at No. 10; and those who have received hospitality at Chequers and Chevening.

[Paul Flynn (Newport West) (Lab)]

Will the Minister explain when the Government will release the vital information on exchanges between President Bush and the then Prime Minister of this country as it is delaying the Chilcot inquiry and has delayed it for the past three years?

[Tom Brake]

The hon. Gentleman must be familiar with the Chilcot inquiry website, so he can access that. I am sure that Mr Speaker will not allow me to take this debate on to the subject of Chilcot when it is very much a focused debate on the amendments under consideration.

The list I have just read out is impressive in terms of opening up transparency. In addition, we have published the names, job titles and pay bands of all civil servants earning more than £80,000, and the job titles and pay bands of all other roles. Such initiatives are shining the light of transparency on to the actions of decision makers and are empowering citizens to hold politicians and public bodies to account. Despite being recognised leaders in open government, we are not complacent. We heard from colleagues in both Houses that there is more we can do to extend further transparency in Government and the public sector. We listened carefully to those concerns and, in response to my colleague, Lord Wallace of Tankerness, we made a commitment to improving the accessibility of Government transparency information. Specifically, the Government committed to ensuring better co-ordination of the publication of datasets so that all returns within a quarter can be found on one page.

We will improve the access to and the presentation of that data, including by improving the consistency of presentation and titling. We will also seek to ensure greater consistency in the content of departmental reporting and to include the subject of meetings. Finally we will ensure that the Government.UK transparency pages contain a link to the statutory register of lobbyists so that the data can be easily cross-referenced.

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[Lisa Nandy]

I am grateful to the right hon. Gentleman for that question, because it gives me an opportunity to say that, unlike the Liberal Democrats and the Conservatives when they were in opposition, we publish details of meetings on a regular basis. In fact, we are the most transparent Opposition ever. I find it absolutely astonishing that, three and a half years after the Prime Minister, then Leader of the Opposition, made a commitment to shine a spotlight on the shadowy world of lobbying, the Government have climbed down on all the measures that we have been urging them to accept and the only thing that they can do is challenge us on our shadow ministerial diaries. The Deputy Leader of the House’s own argument was that the Government are responsible for making decisions. My point to him is that the Government are responsible for making decisions, and for the process by which they are made. We would like the measures that we have proposed to be put into the Bill. We can still see no good reason why the Government are resisting those calls.

The issue of special advisers is so important to the House because of the decision that we are being asked to make in less than an hour. I would like to ask the Deputy Leader of the House a series of questions that I have come up with in the last two hours, since the Government decided to table their somewhat bizarre and obscure amendments. First—I echo my hon. Friend the Member for Penistone and Stocksbridge (Angela Smith)—what is the difference between what they have tabled and the amendment proposed in the other place? The answer to my hon. Friend appeared to be that the Government are simply kicking it into the long grass. Will the Deputy Leader of the House confirm that that is the case? Is this a guarantee that it will happen? The Government amendment states that the Government “may amend regulations”. Why use “may”?

The Deputy Leader of the House said that there was a need to reach consensus. I can tell him, because, unlike the Government, I have been listening to the clamour outside this place, that there is consensus. In fact, the only people who do not appear to have reached consensus on the issue are sitting on the Government Front Bench. If he looks behind him, I think he will find that many Government Members are as concerned as we are. Are Ministers planning to introduce the proposed measure in regulation? Do they have a time frame for doing so? Why is it not being introduced now? What are the Government worried about? We urgently need to clear up the lack of understanding about the definition of special adviser.

The Government’s amendments refer to the definition in the Constitutional Reform and Governance Act 2010. I asked the Deputy Leader of the House whether Lynton Crosby would be covered by that. Would it cover Adam Smith, Adam Werritty or any other Government adviser who has been involved in the plethora of scandals in recent years? [Interruption.] The Leader of the House is shaking his head and muttering under his breath. I can tell him that this matters not only to Members of the House, but to people outside this place. He will know that because he will have received hundreds of e-mails about the Bill from constituents, as we all have.

My reading of the amendment is that Lynton Crosby would not be covered, because he does not adhere to the special advisers code of conduct. If that is correct, it is a disgrace. The Deputy Leader of the House, in answer to an earlier question, did not seem at all clear about who was covered by his own amendment. I am not surprised, because it was made available to us only at 11 o’clock this morning, and he expects us to vote on it shortly.

The Chair of the Political and Constitutional Reform Committee asked about senior civil servants. If Ministers are conceding—I am still not sure if they are—that the requirements in the clause can be extended to special advisers, they can also be extended to senior civil servants. It is fairly obvious that permanent secretaries are rarely lobbied, whereas senior civil servants and special advisers are. Ministers do not have to believe me; they can listen to the deputy chair of the Association of Professional Political Consultants, Iain Anderson, who said:

“The vast majority of lobbying is not about meeting Ministers or permanent secretaries”.

The TUC, Spinwatch and other lobbyist groups have made the same point. The truth is that there is no reason at all not to support the sensible amendment tabled by the Chair of the Select Committee.

The Prime Minister used to be fond of quoting US Supreme Court Justice Louis Brandeis, who said that sunlight is the best disinfectant. Perhaps he ought to reflect on something else Mr Justice Brandeis said:

“People who feel uncomfortable under the bright light of scrutiny and criticism often have something to hide.”

Are the Government afraid of challenge? Let us consider the evidence: the right to challenge cut back through legal aid restrictions, employment tribunal fees and restrictions on migrant appeal rights; an Education Secretary who is fighting the Information Commissioner tooth and nail to block information from the public domain; and a scandal involving the use of private e-mail accounts at the heart of the Department for Education. Only this week Downing street refused to reveal how many guests were hosted at Chequers. The Prime Minister released a partial list that excluded special advisers, officials and, it seems, Conservative party donors. Without the amendment tabled by the Chair of the Select Committee and the important change on special advisers made in the other place, the Bill will do absolutely nothing to increase the transparency of lobbying.

During the 47 minutes of the Deputy Leader of the House’s speech, the only reason that I could understand for why he objects to that sensible measure is his claim that it would impose additional costs and bureaucracy. I simply do not understand how the Government have the nerve to talk about costs and bureaucracy when they are placing unnecessarily restrictive, expensive and onerous burdens on charities, grass-roots campaigners and trade unions, who are the lifeblood of democratic debate in this country.

[Paul Flynn]

That matter was investigated thoroughly in the previous Parliament by the Public Administration Committee. There might be a burden if records and diaries were still kept by clerks working at high desks and writing on parchment with quill pens. We know now, as was made clear in the Committee’s report, that transferring the information is simple, could be done electronically and would cost nothing.

[Lisa Nandy]

I am grateful to my hon. Friend, as ever, for his wise words. I absolutely concur. I do not see why it should be difficult in this day and age to put such information on a website.

Before the general election the Prime Minister, then Leader of the Opposition, said that lobbying was the next big scandal waiting to happen. It did happen, repeatedly, and to him. After three years of scandals, we believe that it is shameful that the Bill does absolutely nothing to raise standards in lobbying. As Lord Norton has said,

“the Bill does not enhance transparency and it is not actually about lobbying. It is about lobbyists; it is about status, not about activity.—[Official Report, House of Lords, 13 January 2014; Vol. 751, c. 13.]

We believe that it should be. That is why the amendment standing in my name and those of my hon. Friends would make it a requirement that registered lobbyists have to abide by a code of conduct.

The Government have conceded that registered lobbyists should record whether they are signed up to the code of conduct in the register, and we welcome that. However, the risk remains that the register will be used by lobbyists and by the public as a means of granting legitimacy to a company and its activities. It is surely no stretch of the imagination to imagine lobbyists using the term “registered” to grant themselves some kind of legitimacy that the public may not understand. Even with the changes made so far, there is nothing to stop lobbyists of any kind getting on to the register—even those who have been convicted of illegal activities. Without the amendment, there is also no mechanism to strike lobbyists off the register.

These views are shared by many in the industry. Gavin Devine, the chief executive of MHP Communications, said in a submission to the Political and Constitutional Reform Committee:

“There is a real danger that a register by itself may make the situation worse, since it is likely those on the register will describe themselves as a ‘registered’ or ‘approved’ lobbyists, without having to meet at least some minimum standards. In short, there is a risk that the register will give a kitemark or endorsement to some who do not deserve it”.

We agree with the lobbying industry, campaigners, charities and transparency activists that our proposal would help to set the standard of behaviour. The voluntary code that already governs part of the industry has sanctions for those who breach its provisions. As such, the measure proposed by the Government is a backward step—a register that could legitimise lobbyists without any standards or sanctions whatsoever for bad behaviour. This is a £2 billion industry that has been beset by scandal, to the dismay of many of us, those in wider society, and reputable lobbyists in the industry.

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[Stephen McPartland]

The hon. Gentleman disappoints and upsets me by suggesting that that is a ludicrous remark. The reality is that most people in this country want big money to be taken out of politics. Part 1 of the Bill is all about lobbying.

Some of the rhetoric that has come out of this House is frightening good people up and down the country and stopping them engaging in the process. One thing that hon. Members have intentionally not taken on board is that it is illegal for a charity to get involved in a political process and try to affect the outcome of an election. The whole purpose of the Bill is to do with third parties, but people seem to be advancing behind a screen of small charities. If we look at registration—[Interruption.]

The hon. Member for Nottingham North (Mr Allen) has done a fantastic job as Chair of the Political and Constitutional Reform Committee and I have read his reports with great interest. In fact, the first 15 of the conclusions and recommendations of the latest report, which was a very good job done overnight, agree with the Government, and accept that the Government have listened at every stage of the Bill. The Government have tried hard to listen to and work with local charities and community groups across the country to achieve some kind of success. [Interruption.] I have great respect for the hon. Member for Wigan (Lisa Nandy), who says that that is not what is happening in her area. I am proud to have 400 charities and community groups in my area. Not one has contacted me about the Bill. Not a single one is upset about it because none would have the financial resources to spend these amounts of money. If those charities contact me, most do so because they need money to keep going and to maintain the services that they are interested in. This is very much about taking the big money out of politics and stopping the formation of large super PACs, which can create huge problems.

[Paul Flynn]

Can the hon. Gentleman recall any massive public outcry against the excesses of organisations like the British Legion, Oxfam and Save the Children in order to get the Bill through? Can he recall the outcry, from the Prime Minister and everyone else, against the greedy activities of corporate lobbyists? The Bill is designed to distract attention from the Government’s failure to deal with corporate lobbyists by attaching blame to the minnows, the small charities.

[Stephen McPartland]

I thank the hon. Gentleman for his intervention. I am very proud of the Government’s commitment to match all public contributions to Oxfam between now and mother’s day—hon. Members should contribute as much as they can. I am also proud that the Government are doing a lot of work with charities of all scopes and sizes. I cannot recall any such outcry, but the Government are trying to cut big money out of politics. From my point of view, this will stop the formation of large super PACs, which would contribute large amounts of money and resources to a small number of seats that will determine who wins the general election.

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[Mr Allen]

It is a great privilege to speak in the debate on this group of amendments—the first time I have done so when you have been in the Chair, Madam Deputy Speaker. Should I run dry, I will refer to my deputy Chair from her days on the Select Committee, who I am sure will be able to help me out!

Before speaking to the amendments, I would like to thank one or two people. I thank colleagues in the second Chamber, who I think have done an excellent job. I would certainly like to put on the record my thanks to members of the Select Committee, our Clerk and staff for the brilliant job they have done yet again in very short order. I would also like to thank the Leader of the House. He gets a bit tetchy when Select Committees and Parliament do their job of holding the Government to account, but I think that he is a decent man. Although he sometimes tries not to, I think that he has inadvertently listened to one or two of the arguments made in the House and made some helpful changes in the second Chamber. I would like to put on the record my gratitude to him for that. If he can do it on a number of occasions, he can probably do so on two or three more, giving the Bill the wonderful finale that it so thoroughly deserves.

We have heard about the changes proposed in the other House with which the Government wish to disagree. Given the time available, I will not go over them again, but they relate to staff costs and material costs not being included in the definition of the amount to be spent, which will of course diminish. I urge the House and the Government to support these sensible proposals as they are supported by the Select Committee. In principle, we would not wish staff costs to be excluded, but on this occasion, as we are running into an almost immediate election, with 469 days until election day, it makes sense to be practical by not including them.

The Leader of the House referred to the three amendments on reporting requirements that I tabled on behalf of my Committee. The essence of this is that we are dealing with charities. As representatives of the second Chamber eloquently explained, many of those institutions do not have the infrastructure to handle heavy bureaucracy. The Government have accepted that argument, to some extent, and I ask them to look again at our amendments. It is surely not in anyone’s interests, least of all those of the Government, who say so much about deregulation, to place such huge amounts of red tape and bureaucratic burdens on to charitable institutions that are trying to participate in the democratic life of this country. Difficulties are placed in their way by excessive reporting, and surely that is not what the Government are trying to achieve.

The crux of the matter is that we are coming up to one minute to midnight and no one has identified the problem that part 2 is intended to address. What was the burning issue that led people to demand it? Unlike part 1 on lobbying, where clearly abuses were taking place, although none of them is being addressed, part 2 is not needed to deal with any abuses, public scandals or big political issues. Even now, at one minute to midnight, the question of what the problem is has not been satisfactorily answered.

[Paul Flynn]

Has it occurred to my hon. Friend that the Government have done a clever bit of magician’s deception in successfully stirring up a great deal of public anger about the charities part of the Bill in order to distract attention from the fact that the much needed first part of the Bill is woefully inadequate?

[Mr Allen]

My hon. Friend is a very eminent and distinguished member of the Select Committee, but he is a very cynical person if he believes that that is why the Government have done this. [Interruption.] No, we are talking about charities and I think we should be charitable in saying that it is not conspiracy but incompetence.