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

Thomas Docherty Excerpts

Tuesday 3rd September 2013 Commons Chamber

[Mr Lansley]

I will give way in a moment, but let me first pursue the point about those who are trying to regulate all lobbying activity. Having thought very carefully about whether there was a considered or credible basis for taking that much wider action, we concluded that there was not, and that is therefore not our objective in the Bill. I readily accept that some people would like the Bill to be very different. Indeed, the reasoned amendment indicates that the Opposition have suddenly decided that they want to include all professional lobbyists and everything that they do in a register, although they presented no such proposal to the Government last year.

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

rose—

[Mr Lansley]

I know that the hon. Gentleman presented a private Member’s Bill. The point is, however, that we are not aiming for the creation of the bureaucratic monster that would result from action of that kind. We are aiming for transparency rather than the control of lobbying, the result of which would be the registration of thousands of lobbyists and a requirement for a draconian system of reporting and enforcement.

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[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.

[Thomas Docherty]

That is not the case.

[John Thurso]

I believe that that is what the Bill sets out to do. That is an appropriate and good measure to take. If I am wrong, the way to flush that out is to table amendments in Committee.

I heard, as hon. Members across the House will have heard, the assurance that was given by the Leader of the House on that point. He stated clearly what the objective was and gave the commitment that if, for any reason, that objective was not met by the Bill as currently drafted, he would accept amendments or seek to make amendments to achieve the objective. There is good will on the part of Ministers to deal with something that is an appropriate addition to the legislation.

Under the current regulatory regime, third parties can spend a considerable amount of money. In the 2010 election, 25 third parties spent £3 million. I believe that the reduction that we are making and the fact that it will not be possible to target funds into one constituency are rather important. I was most taken by the intervention by the hon. Member for Bassetlaw (John Mann). I am with him, as I always am. He and I make common cause on many matters. There are a number of organisations that will be controlled that both he and I would like to see controlled. A foreign tycoon who funds a third party that sets out to spend a fortune in one constituency will be dealt with in the Bill.

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[Jacob Rees-Mogg]

Oh dear, the hon. Gentleman gets so over-excited on these occasions that he intervenes far too early. What I was going to come on to say is that the matter of what happens in Parliament is, rightly, not covered in the Bill. It is the duty of Parliament and the House of Commons itself to regulate its own affairs. If the Bill interfered in the procedures of this House I would oppose it. We have an absolute right, under the Bill of Rights, to freedom of speech in this House, and members of the public have the right of access to Members of Parliament. That absolute right must be defended. Members of the public must be free, whether individually or collectively, to express their views to Members of Parliament. If MPs fall foul of the high standards that are expected of them, then that is a matter for the Privileges Committee to deal with. We have powers not only to expel Members if necessary, but to imprison them, and they have no right of appeal to any court in the land.

That is how we should proceed in terms of Parliament. Government is another matter and that is why it is right that part 1 deals with the lobbying of Ministers of the Crown and of civil servants. That is a matter rightly confined to legislation.

[Thomas Docherty]

I am most grateful to the hon. Gentleman for giving way, but he just mentioned civil servants. In fact, the Bill does not cover civil servants, just permanent secretaries. Is that not a failing and an oversight of the Bill?

[Jacob Rees-Mogg]

I do not think it is. It is important to deal with the senior figures who will be important in decision making, and the Bill is right to do that.

The Bill is also absolutely right to confine itself to professional lobbyists. It is surely reasonable that when a public company—for example, Coca-Cola or Shell—has a meeting with Ministers, we know and understand that they will be promoting their own business. However, when an obscure lobbyist wanders into Downing street, we want to know who that obscure lobbyist is promoting. [Interruption.] Bing Crosby? I do not think he has been going to Downing street recently. As far as I am aware he is no longer alive. It is right that regulation should be at ministerial level. Crucially, the Bill defends the liberty of people to lobby, so it has got that difficult balance right. There has been talk about the long gestation period of the Bill. That has been because it has not been easy for the balance, between the protections of freedom of speech and the need to regulate lobbying, to be correctly aligned. The Government, in their wisdom, have succeeded magnificently in doing that.

Part 2 is even better—it is the highlight of the Bill. It is so sensible that we should regulate third parties in the same way as political parties. The idea that a third party in a general election should be subject to less regulation than a political party that is openly fighting an election is the height of absurdity. The panic that we have had from the Opposition Benches and some in the charities section is glorious to behold. The hon. Member for Hampstead and Kilburn (Glenda Jackson) said that there was a firestorm—a literal firestorm—in Hampstead. I was hoping that London’s noble fire brigade was not going to go out and be disappointed—that it would not react as when it was summoned by Matilda, as you will remember, Mr Deputy Speaker: it came out in all its glory and, of course, there was no fire, because Matilda called the fire brigade when there was not a fire to be seen. Eventually, there was, and she burnt to death. That is the danger of saying that there are firestorms, when in fact this is a perfectly sound Bill.

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[Thomas Docherty (Dunfermline and West Fife) (Lab)]

I feel that we are almost repeating the debate we had in January, when I introduced my private Member’s Bill on lobbyists—I think today’s turnout is slightly higher than it perhaps was on that Friday. I am sorry that the Government have not reflected on that debate or on last year’s excellent report by the Political and Constitutional Reform Committee, and have introduced this dreadful Bill.

Owing to time constraints, I will speak about part 1, but, in the interests of transparency, let me put on record the fact that my wife works for a charity in Scotland and is therefore indirectly affected by the proposed legislation.

Fred Michel, Adam Werritty, Fiji-gate, MPs for hire like cabs, peers for questions—all are scandals that have blotted Parliament and politics in the past four years. It is not an unreasonable test to ask the Government which, if any, of those scandals this Bill seeks to prevent from happening again. The harsh reality is that part 1 of the Bill would have avoided none of them, because the Government have drafted it so narrowly—I suspect deliberately—that the only type of activity covered is direct communication with a Minister of the Crown and a permanent secretary. Therefore, if a lobbyist or even a consultant lobbyist communicates with a private secretary—I would suggest that the Prime Minister’s private secretary has a great deal of influence, perhaps more than the Deputy Prime Minister, on certain areas of policy, such as tobacco packaging and other things—that will not be covered. If, as the hon. Member for St Albans (Mrs Main) said, a lobbyist speaks to a senior official in the Department for Transport, that is okay, provided it is not the permanent secretary. If a lobbyist speaks to the special adviser, as Fred Michel clearly was in the News International scandal, that would okay. That is a failure of the Bill; it is one that I cannot support this evening.

[Mrs Main]

For clarification, may I point out that I was referring to a private lunch with the Secretary of State for Transport?

[Thomas Docherty]

I am grateful to the hon. Lady, because I intended to come to the point she made. It is an important point and one that I raised this morning. I had a meeting with the Deputy Leader of the House and the Parliamentary Secretary, Cabinet Office, the hon. Member for Norwich North (Miss Smith). It was very civil and I got a cup of coffee out of it, but I do not think we made much progress in agreeing on very much.

The problems with the Bill are so fundamental that even the impact assessment is wrong. The civil servants who drafted the Bill—who, ironically, would not be covered by the lobbying Bill they are seeking to introduce—have failed to understand the lobbying industry. That is not surprising, given that they failed to meet anybody, from either side of the argument, in the last 12 months. They have not met Spinwatch, Unlock Democracy, Charter88, the charities or the Association of Professional Political Consultants—I could go on. Those civil servants have met nobody. They have stuck their fingers in their ears and produced a Bill that no one in the industry or on either side of the argument is prepared to support. That is a shocking state of affairs.

The civil servants who drafted the Bill have also misunderstood how to calculate the number of lobbyists. Their impact assessment claims that there are between 800 and 1,000 lobbying firms, but the evidence to the Political and Constitutional Reform Committee shows that there are fewer than 100. So the £500,000 that it will cost to set up the register, and the £200,000 a year running costs, will have to be met by 50 or 60 firms. Great free-marketeers and defenders of business such as the hon. Member for North East Somerset (Jacob Rees-Mogg) should join us in the Lobby tonight, because the burden that that will place on the companies caught by the legislation, many of which are small businesses, is ridiculous and disproportionate. The Bill will do nothing to solve that problem.

[Jacob Rees-Mogg]

If one takes a free-market view, the conclusion is not that we should have more regulation of many more people, as the hon. Gentleman wants to have.

[Thomas Docherty]

I believe in a level playing field. It should not matter whether someone works in-house or elsewhere, or whether they work for Rio Tinto or Oxfam, for Bell Pottinger or CAFOD. The same set of rules should apply equally to all of them. I am surprised that the hon. Gentleman does not think that the rules should apply to all those who are paid—handsomely in some cases—to carry out this work.

I want to return to the point raised by the hon. Member for St Albans, and to take it slightly further. As I said to Ministers this morning, there was a case recently in which a Minister of the Crown met a third-party consultant—a commercial lobbyist, as I think they are called—to discuss a planning application in their constituency. The Government seem to define that as a private discussion. If that consultant had chosen to raise other issues at the meeting, that activity would not be covered by the Bill because the consultant would say, “I am meeting the Minister not in their role as a Minister of the Crown but in their role as a Member of Parliament. I just happened to raise a general issue of Government policy that might be of interest and over which the Minister might have some influence.” That would be ludicrous.

For that reason, if for no other, the rules should apply to all parliamentarians. Ministers of the Crown—whether in the House of Lords or the House of Commons—are all parliamentarians. Extending the rules would avoid any double standards. Many Members of Parliament are members, and chairs, of influential Select Committees. They have a greater amount of influence in shaping the early stages of Government policy than those who serve as Parliamentary Under-Secretaries of State. Anyone who has read Chris Mullin’s excellent book, “A View from the Foothills”, will remember the ceaseless slog of the life of an Under-Secretary. I see a Parliamentary Private Secretary smiling at that suggestion. Select Committee Chairs are hugely influential. Similarly, Members of Parliament who sit on Bill Committees help to shape our legislation. They are the people who should be protected from unscrupulous lobbyists, and if we did that we would provide the public with far greater confidence in the process. The rules have to apply to all those who exert influence.

The rules cannot only be about those who directly communicate with those in a position of power. In all of my eight years as a lobbyist, in the House and in consultancy, I met a Minister on two occasions, at most. I used to advise others on who in the Government, in Parliament and in the Scottish Parliament it was best to go and see, on the correct issues on which to press them, and on what their arguments should be. The Bill does not cover any of the people who do that.

The Bill is so narrow that it does not even cover those consultants who sit in the room during meetings, because a person has to actually communicate with a Minister or permanent secretary in order to be covered. The consultant might have done all the preparatory work and the strategy, and we have all taken meetings that have been facilitated by the consultant, but they might not actually be in communication with the Minister or the permanent secretary. For example, if a consultant were to contact the diary secretary of the Leader of the House, that would still not be covered by the Bill.

This is a dreadful Bill. It is not worthy of further progress and I hope that the House will reject it and ask the Government to come back and do their homework correctly.