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

Tom Brake Excerpts

Tuesday 3rd September 2013 Commons Chamber

[The Deputy Leader of the House of Commons (Tom Brake)]

We have had a lengthy and impassioned debate, and I am grateful to all Members for their contributions. I am afraid that in the nine or so minutes that are left I will not be able to address all the points that have been made.

First, let me remind Members of what this Bill is intended to achieve. It will push this Government’s culture of openness and transparency further by creating a statutory register of lobbyists, which the Government promised to do in the coalition programme. It will ensure that third parties that campaign at elections do so openly and within a fair regulatory framework. It will provide assurance that trade unions, as increasingly large and diverse membership organisations, know who their members are and can engage effectively with them. Those are all reasonable and valuable changes to our political system.

Let me now address some comments, concerns and myths. The Bill is not about closing down charities’ ability to influence policy, as many Members claimed. I want to put on record the following so that it is clear to Labour Members, because I think there is some confusion. At present, a charity can undertake non-party political activity where its trustees can show that it supports the charity’s purposes and will be an effective use of the charity’s resources. Charity law prohibits charities from engaging in party politics, from party political campaigning, from supporting political candidates, or from undertaking political activity unrelated to the charity’s purpose. Charities, and indeed all other organisations, currently need to register as third parties only if they are spending money on campaigning to procure or promote the electoral success of a party or candidates. That test will remain under the Bill.

As under the current provisions, charities can still give support to specific policies advocated by political parties if that would help to achieve their charitable purposes. Provided that charities continue to campaign as they currently do, maintaining their political neutrality and independence, expenditure incurred by them is unlikely to come within the definition of “controlled expenditure”. It does not now and it will not under our proposals. Of course, the Government have on a number of occasions expressed a willingness to work with charities to ensure that this is clear, and if more guidance is needed, we will certainly ensure that it is in place.

Before dealing with the myths, I want to touch on scientific theories. Today we have had a very significant scientific theory proven—that there are parallel universes. Labour Members are debating a Bill that will gag charities and destroy trade unions; we are building on the transparency already created by this Government in relation to Ministers reporting their meetings by establishing a register of consultant lobbyists, by reducing the risk of super-PACs, or political action committees, and by ensuring that trade unions have up-to-date membership lists.

I have never heard as many myths as enthusiastically mouthed and endorsed with so little evidence as I have by Labour Members today. The shadow Leader of the House spoke for 44 minutes during which she made no reference to her own party’s policy. We had high-octane rhetoric that was very low in calorific value. She talked about furious displacement activity—reference, presumably, to what happened in the 13 years of Labour Government, when there was furious displacement activity on lobbying but no lobbying legislation. This Government are now acting on that. I wonder whether the hon. Lady feels any embarrassment about her wildly inaccurate allegations about what the Bill will or will not do. I am not sure whether she is doing that because she has not actually read the Bill or because she has misunderstood it. I will give her a couple of examples.

There were a few interventions, one of which alleged that, under this Bill, Make Poverty History would not have happened. That is simply not true. As the hon. Member for Cardiff South and Penarth (Stephen Doughty) will know, in 2005 that campaign did not register as a third party campaign, because it conducted its campaigning in the appropriate way as a charity. That will continue under this Bill. Another intervention was on whether the Bill would impact on the Scottish referendum. The shadow Leader of the House indicated that she believes it would have had an impact on Make Poverty History and that it will have an impact on the Scottish referendum, but neither of those cases is relevant to the Bill.

[Fiona O’Donnell]

If the Deputy Leader of the House is right that there is nothing for charities to fear from the Bill, why are they and the Electoral Commission all so concerned? Is it simply a case of the same old Government excuse of bad communication?

[Tom Brake]

Clearly, the Electoral Commission has expressed concerns and when the Bill goes through its Committee stage, I am absolutely certain that further clarity will be provided and the commission will be in a better position to provide the guidance it is required to give in order to ensure that charities understand the basis on which we are proceeding.

[Bob Stewart]

As I understand it, on 18 July the Leader of the House gave a timetable for this Bill and there was no objection to it.

[Tom Brake]

I thank my hon. Friend for that intervention.

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

Some of us are very pleased that the Government are introducing a Bill to deal with transparency of lobbying, which the previous Government never did. There has been an enormous amount of hype and overstatement, but perhaps some improvements could be and need to be made. May I have a clear undertaking that next week’s Committee stage will be open to amendments from across the House, including from relevant Select Committees with an interest in and knowledge of the subject?

[Tom Brake]

I thank my right hon. Friend for that intervention. Clearly, the Government have stated on a number of occasions that we are very keen to work with charities, non-governmental organisations and, indeed, Select Committees to ensure that their views are taken into account. That is very much our intention. We also want to ensure that the issue of parliamentarians and the role we play will be clarified very clearly in relation to this Bill.

[Mr Allen]

Will the Deputy Leader of the House give way?

[Tom Brake]

I am very happy to give way to the Chair of the Political and Constitutional Reform Committee.

[Mr Allen]

A series of scandals led the Prime Minister to say that lobbying would be the next big crisis for the British political system and to the inclusion in the coalition agreement of a provision to regulate lobbying. Would this Bill attack any of those cases? Is it in any way relevant to the public concern about lobbying?

[Tom Brake]

As the hon. Gentleman will know—[Interruption.]

[Mr Speaker]

Order. The right hon. Gentleman must be heard; let us hear him.

[Tom Brake]

As the hon. Gentleman will know, the MPs’ code of conduct covers some of the misdemeanours to which he refers. What we are doing in relation to lobbying is specifically about third party lobbyists.

In conclusion, I reiterate that the Bill is about transparency, openness and fairness. I wanted to spend the limited time available allaying unfounded fears and addressing some of the myths that have been brandished across this Chamber in the past few hours. I wanted to be clear about what this Bill is intended to do and why the Government are doing it. It is not an attack on freedoms and democracy. The very opposite is true, and I commend the Bill to the House.

Question put, That the amendment be made.