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

Paul Flynn Excerpts

Monday 9th September 2013 Commons Chamber

[Mrs Main]

It is important that we are having the Committee stage of this Bill on the Floor of the House because we can, I hope, bring consensus to the matter. Lobbying affects Members on both sides of the House and affects all of us as constituency Members of Parliament, so it is important that we get the Bill right or there will have been little purpose to having it.

I rise to speak to my new clause 5. I have a deal of sympathy with amendments 9 and 48, which seek to capture some of the concerns that many of us have about making sure that the field of lobbying is fair and transparent and that the definition of “lobbying” captures all the activities that most people would recognise as such. The new clause refers to activities that any “reasonable person would assume” to be activities

“intended to have the effect”

of lobbying. That is important, because lobbying is a very subtle, even devious, art. Pressure can be brought to bear with a view to setting off a favourable reaction or having a desired effect. We have often heard the aphorism, “Does the flap of a butterfly’s wings set off a tornado elsewhere?” A lobbyist would certainly hope that it does. We have heard about the subtle art of making sure that people are in the right place at the right time to catch somebody’s eye to have that casual conversation. As the Bill stands, none of this is captured, and I am very concerned about that. The public are rightly sceptical about why, despite campaigns and efforts by ordinary people, so many decisions seem to go the way of the big developer, the big money or the big organisation, while the little’s person’s voice gets lost. Many of us would believe that the answer is powerful, behind-the-scenes lobbying.

I hope that we can find a way forward through this morass of amendments, many of which seek to achieve the same thing. I do not hold mine so dear that I would not support somebody’s else’s if it brought greater clarity to the Bill, because that is what this Committee stage is about. I want to make sure that up-front lobbying by charities and organisations that are captured by the Bill and, indeed, logged on departmental websites, is seen as fine. We need to address the informal, behind-the-scenes lobbying over the cup of coffee, the glass of wine or the lunch. That is the lobbyist’s art. These connections may be made by people whose role is a lobbyist and who use personal and private connections to call in favours, gain access or put their point of view. Surely that is what people would hope a Bill such as this should be about, and I hope that it is what it will be about.

[Paul Flynn (Newport West) (Lab)]

The hon. Lady, who is fair minded and independent, is making powerful points. Could she prevail on her Front-Bench colleagues, who have been garlanded with this albatross, to follow the advice of the Political and Constitutional Reform Committee, withdraw the Bill and introduce a sensible one? Otherwise this legislative atrocity may well go through the House and the Government will find this to be the signature Bill of the Tory “ineptocracy” that they are creating.

[Mrs Main]

The hon. Gentleman makes partisan comments about a Tory Government rather than the coalition Government under whom I find myself serving, but his powerful point has been heard by those on the Government Front Bench.

The way in which things are hidden from public gaze —our gaze—is an issue.

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[Mr Jim Cunningham]

rose—

[Paul Flynn]

rose—

[Mr Allen]

I will give way first to my hon. Friend from the Select Committee.

[Paul Flynn]

I also sat on the Public Administration Committee in the previous Parliament, and evidence was given that the information required would not be some bureaucratic burden but information on the computers of the companies involved. It is a simple matter of cut, paste and e-mail. The costs will be minute. Does my hon. Friend not think that the most impressive evidence we heard in Committee came from organisations that have been campaigning passionately for the past 20 years for a lobbying Bill? They said unanimously that this Bill is worse than nothing at all.

[Mr Allen]

Indeed, and for Labour colleagues who unkindly say that the Government are not seeking consensus, I say that they have been brilliant in trying to build consensus. I have never seen the embrace that has taken place between Spinwatch, whose very existence is to expose problems in the lobbying industry, and trade associations of the lobbying industry. If pulling those two groups together is not consensus building, I do not know what is.

There is another tremendous example of consensus building. One would never have thought that the antagonism and bile that has been exchanged between, for example, the League Against Cruel Sports and the Countryside Alliance, could ever be put aside, but those two bodies now stroll hand in hand towards the sunset because they believe that the Bill is inadequate and that it does not help them. We will come to that when we debate part 2 tomorrow. Let no one churlishly say that the Government have been unable to build a good consensus on the Bill.

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[Chris Bryant]

I warmly congratulate the hon. Member for Chatham and Aylesford (Tracey Crouch) on her speech. I like the fact that she takes no hostages from among her own colleagues who betray their ignorance and all. I entirely agree with her: there is no point in introducing a Bill that destroys the whole premise of decent, open, transparent lobbying in this country, because it is one of the fundamental precepts that inform the way we do our democratic business.

Our legislation would be consistently weaker if people had no opportunity to lobby us. Let us face it: most of the time we are dealing not with issues on which we are the experts but those that are way beyond our normal ken, so it is important that people come here to inform our decisions.

I would say, just as the hon. Member for Chatham and Aylesford said, that it is very rare for a lobbyist to devote their energy to the permanent secretary, who will nearly always be entirely irrelevant to the process in hand. Normally, the Minister would be the person of last resort to whom a lobbyist would go because they would want to persuade members of a Select Committee, people sitting on the Bill Committee and all sorts of other people that need to be persuaded long before thinking of engaging with the Minister. Special advisers are essential to that process.

[Paul Flynn]

Before my hon. Friend goes into orbit in praising the saintly activities of the lobbying world, will he agree that the worst activities of lobbyists can be found among the corporate lobbyists, who buy advantage for the already advantaged? The purpose is to give extra access and extra influence to those who are already rich, privileged and wealthy. Is that not what we need transparency about?

[Chris Bryant]

I am not suggesting that all lobbyists are saints, but most of the world is somewhere between saints and sinners. Of course we want a level playing field. I do not want a corporation, by virtue of having deep pockets, to have a special advantage over those who do not have deep pockets, but I do not want to say that a corporation should not be able to put its case, simply because it is a corporation.

I mentioned on Second Reading that when the mental health legislation was going through Parliament I would not have been a valuable, I hope, member of the Public Bill Committee if it had not been for Mind and other mental health charities, the British Medical Association and other organisations coming to lobby us. I have to say, too, that the pharmaceutical companies, which others may want to paint as the devil incarnate, had an informed voice to bring to the debate. In the end, I had to make a judgment—that is what I am paid to do—about where the right public interest lay. I think it right and proper, when it comes to this Bill, to ensure that everybody knows about all that activity, not just a tiny proportion of it.

The hon. and learned Member for Torridge and West Devon (Mr Cox) is slightly wrong in what he suggests. It is true that we are debating clause 1, but many of the amendments in this group refer to clause 2, schedule 1 and other provisions. Those are the elements of the Bill that profoundly limit the effects that this so-called lobbying Bill would have. There are 15 Government amendments in the group, one of which is one of the most bizarre amendments I have come across. Amendment 84, which can found on page 667 of the amendment paper and was tabled by the Leader of the House, reads:

“Clause 25, page 11, line 31, leave out from ‘lobbying’ to end of line 32.”

If the amendment were accepted, clause 25 would simply read:

“‘consultant lobbyist’” means a person who carries on the business of consultant lobbying”.

If that is not a circular provision, I do not know what is. The hon. Member for Foyle (Mark Durkan) said earlier that a very small net was being employed. This is not a net; it is fly-fishing. I can think of only one person who might be caught by it, and that is the Prince of Wales.

[Paul Flynn]

Hear, hear.

[Chris Bryant]

I do not believe that that is the aim of the Government’s legislation, although it may have suddenly got my hon. Friend the Member for Newport West (Paul Flynn) on board.

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[Chris Bryant]

I am sorry, I have obviously not made it clear: I love the hon. Lady. Well, I will not do so when it comes to the general election, but I love her new clause, because it deals with many of the points that need to be addressed. Our constituents want a clear, open, transparent system without any dodgy handing out of passes to staff who are not really working for a Member but for a third party and so on.

[Paul Flynn]

Is my hon. Friend aware of the case of Lord Blencathra, who was reported to the parliamentary authorities as a representative and lobbyist for the Cayman Islands? The House of Lords authorities decided that there was a prima facie case against him, but then decided not to act, although action is still possible in future. However, what he was doing was certainly against the rules in this House. Should not the Bill address the scandal of allowing permissive rules in the House of Lords because, it is said, its members are not paid? However, lobbying is going on there in a dangerous way, which is grossly unfair to the population as a whole.

[Chris Bryant]

What about electing the House of Lords? That is quite a good idea. My hon. Friend is absolutely right. I have always thought that it is wrong of the House of Commons simply to say that the rules of the other House should be written by the other House. To be honest, the House of Lords is part of the legislature—as much as we are—and if it is to retain that power, it is important that that is done within strict limits.