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

Viscount Thurso Excerpts

Monday 9th September 2013 Commons Chamber

[Thomas Docherty]

My hon. Friend is absolutely right. That is the heart of the problem. Let me quote what MHP itself has said:

“do we work for a ‘non-lobbying business’? In our case, MHP Communications is a full service communications consultancy. We operate a single bottom line approach, and so do not break out the work of our public affairs division. Employees are employees; there is no ‘MHP Public Affairs Ltd’. And the work of MHP is certainly not mainly concerned with lobbying. Even if we were to limit ourselves to our public affairs team, the definition talks about actively lobbying, in the sense of seeking to persuade…members of the Government as well as officials—and this is not ‘mainly’ what we do all day.”

That is the problem with the clause and the Government’s attempt to fix it. It all gets circular—even if we accept that MHP is a lobbying entity, lobbying is defined purely as communicating with a Minister of the Crown and a permanent secretary.

Let us take special advisers, who are not covered at all; we all know that they often have more influence than the Under-Secretary of State. Under the Government’s plan, the lobbyist will be perfectly entitled to have lengthy and detailed influential discussions with a special adviser, and that would not be covered by the Bill. However, the lobbyist could meet the Under-Secretary of State and that meeting would be. Which meeting would be the real problem? One needs look only at the debacle of News International and Fred Michel to see the kind of scandal that can happen.

[John Thurso (Caithness, Sutherland and Easter Ross) (LD)]

I commend to the hon. Gentleman amendment 45 on that subject, which is in the group after next. Hopefully, we will get to it tonight.

--- Later in debate ---

[Miss Smith]

I am very grateful to the hon. Gentleman.

With that, I will finish speaking so that it is possible for another Back Bencher to speak.

[John Thurso]

Will the Minister give way?

[Miss Smith]

Yes.

[John Thurso]

As the Minister is in such a generous mood, would she like to look at my amendment 45?

[Miss Smith]

While we are discussing the topic of further amendments to support, I ought to add that the Opposition made no objection to the programme motion in July.

In concluding, I will turn briefly to amendment 137, which would require that details be provided about any communications between consultant lobbyists and Ministers or permanent secretaries, even if they were not in return for payment, not on behalf of a third party and did not concern Government policy or functions. That would mean that if a consultant lobbyist bumped into a Minister on the tube and spoke about the weather, not Government issues, that meeting would need to be recorded. Indeed, if a consultant lobbyist happened to be married to a permanent secretary, it would be necessary for the details of their communications to be disclosed on a quarterly basis, even if they never took work home, as it were.

I can see that hon. Members are attempting to ensure that inappropriate conversations about ministerial responsibilities do not take place in private, but this is another example of good intentions leading to unintended consequences through unclear drafting. The answer has to be a declaration by Ministers of any meetings that touch upon their ministerial responsibilities, the framework for which we have provided in government. That will form a central part of the transparency regime that we are introducing in part 1 of the Bill. I urge the hon. Member for Nottingham North not to press amendment 137.