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

Sheila Gilmore Excerpts

Tuesday 3rd September 2013 Commons Chamber

[John Thurso]

I am not entirely certain of the answer to that question, but I hope that will be the case. Perhaps when the Deputy Leader of the House responds, he might reply to that question.

[Sheila Gilmore (Edinburgh East) (Lab)]

Will the hon. Gentleman give way?

[John Thurso]

I am terribly sorry, but that clock is a tough master.

Much of today’s contention has been about part 2. I believe that it is positive that people are motivated to campaign for what they believe in. It is obvious that such activity is moving away from traditional political parties and into third-party organisations. However, when campaigning is of a political nature, it is right that it should be controlled properly. That is an accepted principle in the current legislation, to which the Bill proposes amendments.

My understanding of the purpose of part 2 is that somebody who seeks to affect the outcome of the election—that is, a particular candidate or party will benefit from their actions—will be controlled. If, on the other hand, they offer policies to all parties in the hope that they will be taken up, they will not be included. Very basically, I understand that to be the core of what we are doing.

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[Mrs Main]

The hon. Lady makes a valuable point. The House is where we raise such concerns. I am sure that those things will be taken into account in Committee, and in the Political and Constitutional Reform Committee report. The debate is not about playing ping-pong with blame; it is about drawing such matters into the public domain. Perhaps that area will be tightened up. I am hopeful that it will be.

[Sheila Gilmore]

Will the hon. Lady give way?

[Mrs Main]

I will not give way to the hon. Lady. I have read only about a paragraph of my speech. Many Opposition Members wish to speak, so I am sure she will have an opportunity to intervene.

Hon. Members are the voices of their constituencies. The hon. Member for Nottingham North (Mr Allen) made exactly that point when he said that we are the strongest lobbyists. If something is not right in our constituencies, we speak up for our constituents. It is up to us to ferret behind the scenes and find out what is going on. We need to be aware of how lobbyists play and by whose rules, and the extent of their schmoozing.

I want to point out a worrying grey area that is not covered in the Bill but that could be captured as we work on the Bill in the next few days. I have been trying to track the influence of lobbyists on a major project in St Albans. I have made no bones about the fact that I am completely and implacably opposed, as is my council at every level, to a strategic rail freight interchange on 300 acres of green-belt land. I am concerned that lobbying behind the scenes may have led to a shift in the decision-making process, and have made every effort to try to find out how hon. Members, as representatives of our constituents, can find out who or what has gained the ear of influential people. I fully accept that that does not always mean the Minister—it could be someone in the Minister’s office. Members need to have a clearly defined route to find out what has gone on. Our constituents do not have that opportunity.

The project has been led by Helioslough. One of its key lobbyists is Mr Simon Hoare, who operates under various guises—it is therefore pertinent that we have a full register. We have been fighting the proposal since 2006. It has been turned down twice—once by the previous Secretary of State for Communities and Local Government, and once by the current one. There have been two refusals, but now there is a minded-to-approve decision, which has set off my radar. What has altered? The plans are the same, so has pressure been applied behind the scenes?

The last refusal was quashed by the High Court in 2011, and the process has become murky and opaque—it is very much the sort of thing that I believe the public want hon. Members to clamp down on. In this world, personal connections and relationships can come in very handy. I have dug very deep to try to get to the bottom of how much access the developer of the rail freight proposal has gained via his lobbyists. The proposal has implications for planning and transport, and for the Department for Business, Innovation and Skills. Not only one Department is involved, but many.

Like many colleagues who have concerns about the undue effects of lobbying, I asked a series of parliamentary questions—that is one route, albeit a tortuous one, open to hon. Members—and, ultimately, made freedom of information requests. I discovered in a parliamentary answer to my hon. Friend the Member for Hertsmere (Mr Clappison) that my right hon. Friend the Member for Chipping Barnet (Mrs Villiers), the then Transport Minister, admitted to having had a private luncheon meeting with the lead lobbyist for Helioslough, the developer, just after the refusal—[Interruption.] I would be grateful if Opposition Members listened to what I have to say. I am making the point that the Bill will not capture those private, personal connections over lunch, where things are discussed.

I found out that the matter was discussed over lunch in a private, personal capacity with the Minister. Since then, I have been chasing those private comments to see what they have led to. My right hon. Friend has also admitted that, since that meeting, her Department received an e-mail from Simon Hoare entitled “Radlett SRFI—The economic benefits”. Simon Hoare was tirelessly making his case behind the scenes, despite the fact that the process was closed to me and my constituents.

I submitted freedom of information requests, because the role of all Back-Bench MPs is to speak up and defend our constituents against what I would describe as inappropriate lobbying. I have the contents of the e-mails and an attached document. I also have the Department for Transport letter to Mr Hoare informing him that the e-mails were about to be disclosed. When Mr Hoare received notice that his e-mails and private correspondence were about to be disclosed, he sent an attachment, saying:

“I would prefer for my email not to be sent to the MPs”.

I am sure he would prefer that. Unfortunately for him, the Department disclosed his e-mail, which makes for disturbing reading. Among a lot of other things, it states:

“I am aware the DfT is a strong supporter of the development of rail freight”

and

“will also doubtless be aware”

of

“a number of schemes…In the last 10 years my client has incurred costs over £12 million”

on that planning application. The letter goes on:

“I do not believe that DCLG has a clue as to the costs of the planning process…While appreciating that DCLG is a quasi judicial role vis à vis the Public Inquiry, anything your department can do to press the case for a speedy and supportive decision would be a real shot in the arm…As a courtesy, I ought to advise you that we are also in contact with HMT…and…BIS.”

I would not have known that without a freedom of information request. It goes on to say a lot more, but my time is constrained.

This is what we have to clamp down on. I am sure that this is sounding very unhelpful, but at least this Government are tackling it—[Interruption] They have an opportunity to tackle it through the Bill. Sadly, such private meetings will not be covered by the current proposed legislation—that is the point I am making. I am sure that the Minister would like to know that I have asked the Library about this matter. It has confirmed that this is still a grey area, even with the introduction of the Bill: it will be up to Ministers to decide whether they feel that they have been influenced over lunch and a good glass of wine.

I give the Department for Transport some credit for letting me see the information trail. So far, the Department for Business, Innovation and Skills has not let me see anything, saying that it did receive documents and correspondence but that letting me know all about it would involve a disproportionate cost. Well, one Department can let me know and I do not like what I read—it stinks. Something has changed a decision affecting my constituency. Somebody beat up somebody in some Department somewhere and said, “Make this thing happen, please”. I know we have an economic imperative to get Britain moving, but not by building an inappropriately located rail freight interchange.

I have asked parliamentary questions and I am dissatisfied with the level of response. My freedom of information requests have been rather more fruitful, but at what cost? The paper trail involved in trying to get to the evidence is not without cost to the taxpayer. I have gone to the Information Commissioner for adjudication on the rather opaque way that this matter has been dealt with. As the duly elected representative of my entire constituency, I represent everybody, as we all do in our constituencies, not just Conservatives. If this decision is imposed on them, they have a right to know that any lobbying has been transparent. I am not anti-lobbying—I lobby like crazy on behalf of my constituents—but I want to know who has had cosy lunches and I want to know if quiet conversations behind closed doors have effected changes of mind. I want to know, on behalf of my constituents, whether lobbying is helping to change decision-making processes.

In the end that is surely what we should all be agreed on, as the hon. Member for Nottingham North said. We should all want fairness from the Bill. Given that the Library has admitted that this is a grey area and that at the moment the Bill does not capture this—it perhaps captures a few other things—I desperately hope that we can come up with guidance on the Floor of the House. If not, those cosy conversations will increase, and paper trails will be quietly hidden away—nobody can track down a quiet conversation over lunch.

I thank my right hon. Friend the. Member for Chipping Barnet, who admitted that the application was discussed. I gave her the courtesy of letting her know that I would refer to her correspondence. She admitted that additional information was later sent to the three Departments—I have the proof of that. The trail has gone somewhat dead and I am disappointed about that. I am still hopeful that there is time to see sense and overturn the decision, but what has come out of this situation is the unedifying spectacle whereby I can go through many weeks of appeals with my constituents in the public domain where everyone can hear everything and then, unbeknownst to us, when the process is stalled, the developer can have private lunches at which, because there happens to be a university connection, old friendships have been called in. That is not acceptable; that is not democracy. I am sure that the Bill will now appropriately consider this grey area.

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[James Duddridge]

I was not linking the two. I was talking about third-party funding and the unions, but I will come back to third-party funding in more detail.

Let me take the Bill chronologically, starting with part 1 on the register of lobbyists. It is an interesting start. I was disappointed that the long title was not written to encapsulate further inclusion of other bodies if there was consensus in the House. On issues of time scale, I deeply regret that the previous Government did not introduce a Bill. I deeply regret that, although it was in the coalition document, we did not have the foresight to start this process earlier, which would have allowed a greater degree of pre-legislative scrutiny, but it is perhaps because the subject is tricky that it has taken the Government so long, rather than their trying to hide something.

[Sheila Gilmore]

Can the hon. Gentleman explain why we are constantly told that there has not been time, when we are three years and some months past the general election? Not just that, but the consultation paper on lobbying was ready well over a year ago. The Select Committee held a substantial investigation into it. It was clear that the proposals did not suit anybody and did not win approval on either side of the argument. It has been a whole year and a bit since the Select Committee reported.

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[Sarah Newton (Truro and Falmouth) (Con)]

It gives me great pleasure to follow the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards), who reminded us of an important principle that differentiates this country from America. Following his recent visit he noted that we do not have unlimited amounts of money at general elections. It is really important to us to create a level playing field, as far as possible. Those who write the largest cheques do not get to influence policy, and that important principle finds itself in this Bill.

I also welcome the contribution of the hon. Member for Nottingham North (Mr Allen), who is right to urge his own Front Benchers to recognise the significant steps being taken by this Government to address a complicated issue. Those Front Benchers did not take action when they were in government and they are not doing so now. They should pay heed to the work of the Political and Constitutional Reform Committee and the service it has done the whole House over the recess, not only in reminding the general public that our work does not end when Parliament goes into recess and that we work throughout the year, but in highlighting the very important role that Select Committees can perform in scrutinising proposed legislation. I urge Labour Front Benchers to consider what the hon. Gentleman has said and hope that every Member will use the next few days to examine the evidence that will be shared with us—it is the result of the hard work of colleagues from all parties over the recess—in order to reach a consensus, rather than this constant prevarication on what is undoubtedly a very difficult issue. It is important that we make progress on this issue.

[Sheila Gilmore]

Will the hon. Lady give way?

[Sarah Newton]

I will give way in a moment when I have finished my point.

This issue is important to my constituents and to constituents around the country. We are all concerned about powerful vested interests and their influence on politics and government. The Government are right to grapple with those concerns and to open up the process of how policy is influenced and made in our country.

Like many Members, before I came to this House in 2010, I was very concerned about the centralisation of power in the hands of an over-mighty Executive. The Bill is part of what the Government are doing in a wide range of policy areas to transfer policy and power to the many, and not keep them concentrated with the few. I very much welcome those steps and know that they will be welcomed by people up and down the country.

Lobbying is a vital part of my job and the job of everybody in Parliament. We are the champions for our constituents. It is our passion and dedication that ensure that the voices of our constituents are heard loud and clear, and that they get the changes that they want to see in their communities and across the nation. Lobbying is an important part of what we do, so it is important that it is properly understood and that there is greater transparency about how the process works.

[Sheila Gilmore]

Will the hon. Lady give way?

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[Sheila Gilmore (Edinburgh East) (Lab)]

In the very short time left to me, I want to say two things. First, it is significant that the number of Opposition speakers far exceeded that of Government speakers. I therefore suspect that their heart is not really in it if Government Front Benchers could not roust out enough speakers to speak on the Bill.

Secondly, there has been plenty of time to get part 1 absolutely right. The Political and Constitutional Reform Committee was unequivocal in its criticism of the original consultation paper. Unusually, one of the recommendations was to withdraw the whole thing and start all over again, because it was so bad. Having sat through the evidence that we took at that time, it was clear to me that no one on any side of the debate on lobbying was satisfied. The people who wanted more regulation thought that the proposal was not good enough; the people who perhaps did not want regulation also thought that it was very bad.

For a whole year, there was no proper response from the Government. Normally, the Government respond to Select Committees with a detailed report that comments on and argues their position. There was none of that. The issue was kicked into the long grass. A lot of people outside the House noticed that there was nothing on lobbying in the Queen’s Speech. Then, all of a sudden, in a panic, the Bill comes forward. It is not a good Bill. We should not go ahead with it, but we need to do something about lobbying.