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

Stephen McPartland Excerpts

Wednesday 22nd January 2014 Commons Chamber

[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.

[Stephen McPartland (Stevenage) (Con)]

Is the hon. Lady saying that she does not want part 1 of the Bill and does not want a register of lobbyists?

[Lisa Nandy]

Absolutely not. This is another aspect of the confusion that exists among Government Members. I say that with the greatest respect to the hon. Gentleman, and I am grateful for his question. We have consistently called for higher standards, and that is the purpose of our amendment. Indeed, we would have liked to table it earlier so that there was much more opportunity to discuss it with Members in all parts of the House, but unfortunately the unseemly haste with which the Government have pushed this shambolic Bill through meant that we were unable to do so. We want to make sure that all the lobbyists who are registered on the Government’s register adhere to a code of conduct, with proper sanctions for poor behaviour and the ability to strike them off for it.

This Bill was the Government’s opportunity to begin to restore trust in politics, and we would have fully supported them in that mission. When the Bill was published, leading figures from the charity sector wrote to the then Minister, the hon. Member for Somerton and Frome (Mr Heath), saying that they stood ready to work constructively with the Government to try to improve a piece of legislation about which they had genuine concerns. The National Council for Voluntary Organisations said that the pause that was agreed in the House of Lords felt more like “a rebuttal exercise” than a listening exercise. In our view, the Government have shown civil society almost total disdain throughout this process, and in doing so they have shown, yet again, that they are not listening to a voice that they have a duty to hear.

We are unlikely to press our amendment to a vote, for one reason and one only—the severe time constraints that this shambolic process has placed us under. We are deeply concerned about what the Government are now proposing on special advisers and we believe that there is an urgent need to address the many chilling measures that are still in the remaining parts of the Bill, which we have only a couple of hours to debate after we finish debating this part. Ministers should be in no doubt whatsoever that we share the view of the Select Committee that this part of the Bill is unsatisfactory and inadequate and will stifle democratic debate.

On Second Reading, the Leader of the House said,

“we have sought to be the most transparent Government in history.”—[Official Report, 3 September 2013; Vol. 567, c. 169.]

What a joke that now appears. The Government have proved throughout this process that they will not stand up to the wealthy and powerful but prefer instead to target charities, trade unions and grass-roots campaigners. This Bill lies in tatters; it is a shambles. The Government should be ashamed to have introduced something like this to us today. Ministers seem determined not to hear the roar of noise coming from outside this place, but we remain determined that they will hear it.

--- Later in debate ---

[Stephen McPartland (Stevenage) (Con)]

It is a real privilege to contribute to this debate. I have contributed to all the debates on the Bill so far. I am quite optimistic about the Bill’s purposes, but today I want to confine my remarks to Lords amendments 108, 26 and 27. The Government reject amendments 26 and 27 because they are keen to take the big money out of politics and to ensure that local charities and organisations can be involved in campaigning. One of the things that has crept into every stage of debate on the Bill is that it is a gagging Bill. It is frightening good people in communities throughout the country.

[Wayne David]

If the hon. Gentleman wants to take the big money out of politics, is he in favour of putting curbs on the expenditure of political parties, particularly the Conservative party?

[Stephen McPartland]

The hon. Gentleman makes a very political point and I want to confine my remarks to the amendments.

Earlier, we heard an exchange between the shadow Leader of the House and the Leader of the House regarding Unison and small local charities. The reality is that we need to stop the trend of large third party organisations—in the United States, they are called super PACs, or political action committees—attacking a small number of 90 to 100 constituencies that determine who wins the general election and will form the next Government. That is something that all hon. Members should be in favour of.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

Will the hon. Gentleman provide some evidence for that assertion, which is the most ludicrous thing I have heard this afternoon?

--- Later in debate ---

[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.

[Yasmin Qureshi]

The hon. Gentleman said at the beginning of his speech that the Bill was designed to address the issue of big money in politics, but that is not what it will do. All it will do is attack small charities and third party organisations. The real money, which lies in lobbying Ministers and special advisers, has been ruled out. The Bill will not achieve the stated aim because it does not target those who need to be targeted.

[Stephen McPartland]

I am grateful to the hon. Lady for her intervention. I shall have to wrap up my remarks in a moment so that other Members can contribute.

The reality is that the Bill proves that the Government listened. They are the most transparent Government ever. The Bill has been consistently improved by Members on both sides of both Houses, and that is something the Government should be given credit for. I am proud to be a part of this Government, who work closely with charities across the country. Every Member of this House works hard with charities in their local communities, and those charities will not be affected by the Bill. I shall therefore be pleased to support the Government today in the Lobby.

On Lords amendment 108, which relates to excluding staff costs for charities and third party organisations, small charities in our constituencies will not be in a position to campaign in 80 or 90 other constituencies; they are just trying to survive in their small towns, cities and villages and to deliver for local people. Members should not use the frightening rhetoric that we have heard in relation to the Bill. That rhetoric stops charities and community groups engaging with us and getting involved in the political process. I urge all the community groups and charities in my constituency not to be frightened but to continue to engage with us and do what they always do, which is to campaign on policies and try to get them implemented.

[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.