Lobbying

Simon Hart Excerpts

Tuesday 25th June 2013 Commons Chamber

[Simon Hart (Carmarthen West and South Pembrokeshire) (Con)]

Today of all days, I should draw Members’ attention to my register entry on this topic.

At the beginning of the debate, there seemed little chance of consensus, but as it has gone on issues have emerged on which Members on both sides of the House can be pleased that progress has been made. We have, however, either underplayed or glossed over three specific points, the first of which is obviously one of definition. Despite numerous speeches on the topic, we are still pretty unclear about precisely who should or might be caught by the proposals. Secondly, we have, I believe, slightly underplayed the positive contribution made by lobbyists to many of our lives—not only in the House, but in our constituencies. Thirdly, we have made some progress, albeit not much, on how the matter can be properly resolved.

We need to give the greatest care and longest time to the problem of definition. We have touched on the role of pressure groups, which include charities, as well as industry representatives—a phrase that could cover a multitude of sins. Local groups could be well funded or well advised or simply put themselves together on the spur of the moment to lobby us in our constituencies on a particular interest or issue. The words “professional lobbyist” have been used without much qualification during the debate. More clarity on who would come under that description is crucial if we are to get things right.

[Mr Thomas]

I share the hon. Gentleman’s concern about the need for clarity from the Government about definition. Has he seen the Political and Constitutional Reform Committee’s report, especially its recommendation that the Government should

“clarify whether its definition of lobbying includes lobbying advice, or only direct representation, to avoid confusion regarding who should, and should not register as a lobbyist”?

[Simon Hart]

The hon. Gentleman will be pleased to hear that I have seen the report; as I am still a member of that Committee, from time to time I read our reports. I take his point, but if he will forgive me I will come back to it in my closing remarks. If I forget, no doubt he will intervene.

[Jonathan Edwards]

Does my constituency neighbour agree that we also need to look at the relationship between the Government and big business? Earlier this year, the World Development Movement produced a document stating that a third of Ministers had links to finance or energy companies involved in the exploitation of fossil fuels. We have not seen much movement towards creating a low carbon economy in the UK. Does the hon. Gentleman understand why people are concerned?

[Simon Hart]

The hon. Gentleman makes a good point, and I entirely respect his view. I sometimes think we underplay the obstacles that outside interest groups have to go through to get to and influence Ministers. We are talking about creating not only new legislation, but legislation on top of an already stringent set of rules. Again, I am not trying to duck the issue, but I will come back to the hon. Gentleman’s point when I come to how we should resolve all these differences.

I turn to what I call “donor lobbyists”, the strongest part of whose argument appears to be the strength of their bank balances. I am interested that the Labour party has made concessions on that, particularly with regard to the influence of trade unions. For some time, a concern among Members on the Government Benches has been how we could have a register of lobbyists that did not include everybody. Members on both sides of the House have made progress on that during this debate.

I shall make only two further points, the first of which is our strange obsession with what we seem to call these days “professional lobbyists” without any real qualification of what they might be, although the Chairman of the Political and Constitutional Reform Committee went some distance towards that. Plenty of people consider themselves to be professional lobbyists but have many other strings to their bows and do many other things for the organisations they represent. Are they or might they be considered professional lobbyists under the proposals? We have yet to find out.

It strikes me as odd that we seem to gloss over some of the big organisations. Tesco has been mentioned, probably unfairly, as an organisation that might not fall under the proposals because everybody knows what it stands for. Actually, that is not right. Tesco might come into this building to lobby on fuel prices, planning, food labelling or any number of issues that come under its jurisdiction. We have to be careful about drawing some random arbitrary line above which some people go. Rather than re-establish public confidence in what we do, we could end up causing great disappointment to those interested in the proposals and do ourselves considerable harm in the process. Likewise, there are plenty of well financed, organised and documented pressure groups—campaigning against or in favour of major wind farm developments or things such as HS2—that are unquestionably engaged in very sophisticated lobbying.

It will not surprise hon. Members to hear that I want more lobbyists; I think they are a good thing and bring great variety and strength as long as we treat them with sufficient recognition and responsibility. Doing anything that might deter people from being able to lobby us pretty well however they wanted would be a counter-productive road down which we should not go.

We seem to have overlooked some existing legislation—the Freedom of Information Act 2000. Whenever I have wanted to know what has been going on in the darkened corners of ministerial offices, I have simply put in a freedom of information request and have probably acquired most of the information I have wanted about who is meeting whom and on what basis. Let us not reinvent something that already exists and to which every member of the public has perfect access.

Lastly, I want to touch on two things. First, there is the positive contribution of lobbying, which some of us seem to have slightly overlooked. Personally, my life would grind to an absolute halt if lobbyists representing all sorts of different groups did not supply me with lots of useful, expert information on a range of subjects and completely free to the taxpayer. If we had to get our offices to pay for that information, the taxpayer might have something to say about that. Let us not for one minute make it more difficult for responsible organisations —charities, industry pressure groups or anything else—to provide us with a constant stream of high quality information, which makes us more likely to produce decent legislation.

Having read the Government’s amendment to the Opposition proposal, I am confident that we are pointing in the right direction on resolutions. We need to avoid reforms that are simply a partial list of names on a piece of paper. We must not over-regulate a responsible industry; that might unintentionally make the life of the charitable sector, in which I have some interest, all the more difficult. If we end up in a situation where people who donate to charities or contribute to charitable activity think that their donations may become the subject of political debate or some public declaration, that might make them, for all sorts of sensible reasons, much less inclined to make their generous contributions to those charities. If the consequence of our trying to resolve a political issue in this building is that we end up deterring people from supporting valuable charities, we will not have done a good job in the eyes of the public, but a very bad one.

The issue gets to the heart of the complexities of the debate. I hope we can reflect on the views held by Members on both sides of the House, and particularly the view of the Chair of the Select Committee. We should turn a deaf ear to calls for great haste to answer the question of why we have not done something.

We can see from a handful of the contributions this afternoon that we could legislate in great haste and make an absolute horlicks of this. It would be much more sensible for us to work our way steadily through the issues raised, particularly that of definition. If we do not do that, rather than having been able to tick a box and sign off an aspect of the coalition agreement, we will have created a situation in which, when the next lobbying scandal comes along—and it unquestionably will—people will ask what the register was all about and why it did not prevent the scandal from occurring. We will have to look them in the eye and say, “Of course it never stood a chance”.

We must take time. The Opposition proposal, dare I say it, is a little cynical; the Government amendment makes a great deal more sense. The Government are right not to be bullied or rushed into producing something hastily that proves incomplete. I have no difficulty, with all my history, in recommending that those who are interested should vote against the Opposition proposal and in favour of the Government amendment.