Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Viscount Younger of Leckie Excerpts(12 years, 3 months ago)
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Viscount Younger of Leckie
That the Bill be read a second time.
Relevant document: 5th Report from the Joint Committee on Human Rights.
The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Viscount Younger of Leckie) (Con)
My Lords, on behalf of my noble friend Lord Wallace of Saltaire, I beg to move that the Bill be now read a second time.
This Government have made a commitment to increased transparency in public life so that we can offer the public greater confidence in our political system. The Bill will build on the transparency measures which we have already put in place. This Government were the first to publish details of the meetings that Ministers and Permanent Secretaries hold with external organisations, and we also publish details of ministerial interests, hospitality, departmental business plans and a wide range of raw data relating to the business of government. This Bill will now extend those themes of openness and accountability to our political system.
I would like briefly to say something about the progress of the Bill to date. The Government are committed, wherever possible, to publishing legislation in draft with a view to pre-legislative scrutiny. While it was not possible to publish a draft Bill in this case, the measures it contains have been subject to considered and expert scrutiny. The proposal for a statutory register of lobbyists was analysed by the Political and Constitutional Reform Committee prior to the Bill’s introduction. Since then, the Bill has also been considered on the Floor of the other place in Committee. Ministers and officials have continued to meet stakeholders regularly in order to take account of their views as the Bill progresses, and noble Lords will note the amendments which were made in the other place. I therefore believe there has been and will continue to be considerable scrutiny of this Bill. I value in particular the considered input made by the Political and Constitutional Reform Committee, the Constitution Committee and the Joint Committee on Human Rights. I very much look forward to the further analysis that this House will bring to the Bill today. I turn now to the principal measures in it.
The Bill has three main parts. First, it will fulfil the coalition’s commitment to introduce a statutory register of lobbyists. Secondly, it paves the way for greater clarity on how much money organisations spend on campaigning at general elections. Thirdly, it will give the public greater assurance about the completeness and accuracy of the membership register which trade unions already keep. This House has long had a history of shining the light of transparency on our political system through open and challenging debate. No doubt noble Lords have followed the debates in the other place on the measures within this Bill. I and my noble friend Lord Wallace of Saltaire greatly look forward to debating the detail of what the Bill does and does not set out to do, and it is an occasion for noble Lords to apply their usual thorough scrutiny.
I shall summarise briefly the measures in the Bill. Part 1 introduces a statutory register of consultant lobbyists. The Government believe that lobbying is an essential part of our democracy and plays a vital role in the policy-making process. It ensures that Ministers and senior officials hear a full range of views from those who will be affected by government decisions. It is important that everyone’s voice is heard in Westminster and Whitehall. No one should be discouraged from making their views known to decision-makers. There has been some concern, however, that some lobbying activity is opaque and there is a perception that certain powerful organisations and individuals could exert a disproportionate influence on government. The Government have already taken steps to address those concerns by increasing the transparency of decision-making and the accountability of decision-makers, such as Ministers and senior officials. We are the first Government to proactively and regularly publish details of ministerial meetings, government procurement and other items of public interest. I am sure that noble Lords will agree that the interests of those who seek to influence decision-makers should be equally transparent.
For the first time, details of all Ministers’ and Permanent Secretaries’ meetings with external organisations are published on a quarterly basis. The statutory register of lobbyists is designed to address a specific problem within that context, which is that it is not always clear whose interests are being represented by consultant lobbyists. That is the specific policy gap which the register is intended to fill. It will do so by requiring those who are paid to lobby Ministers and Permanent Secretaries on behalf of a third party to disclose the names of their clients on a publicly available register. Our objective is to ensure increased transparency without discouraging engagement by those who will be affected by policy and legislative decisions, such as businesses, charities, community groups and members of the public. Our provisions for a statutory register constitute a pragmatic and proportionate solution designed to address a specific identified problem. The coalition Government made a commitment to introduce a statutory register of lobbyists and to increase transparency in public life. Part 1 will fulfil that commitment.
Lord Foulkes of Cumnock (Lab)
My Lords, can the Minister explain how Mr Lynton Crosby and his tobacco industry interests will be covered by this Bill?
Viscount Younger of Leckie
I note, however, the point that the noble Lord has made.
Let me now turn to the second part of the Bill. Part 2, put simply, requires those who want to influence the outcome of a general election to be transparent in doing so. The changes proposed update a system of regulation which has been in place at the past two UK parliamentary general elections.
Noble Lords will no doubt be aware of the influence that third parties can have on elections. This influence is often very positive, but we believe it should be proportionate. Despite existing controls, there is a real risk of distortion by those who seek to unduly influence the outcome of the election. The Bill takes forward a number of important measures to prevent this occurring.
Expenditure will now be more fully recorded and disclosed. Donations to third parties will now have to be published in advance of an election, rather than after. Certain third parties will also have to provide a statement of accounts. The spending limit for third parties will be lowered. Thirteen years ago, the existing spending limit was fixed in legislation at 5% of the maximum campaign expenditure limit for political parties. This amount was considered quite generous by the organisation that recommended it, the Committee on Standards in Public Life. The committee also noted that groups of third parties could outnumber expenditure by candidates or political parties. That argument remains valid today. Reducing the limit to 2% of the maximum campaign expenditure limit for political parties combats the risk of third party expenditure being used to influence elections. The reduction to a lower, but still very significant, sum is justified. To that same end, the Bill also introduces a measure that will prevent third parties directing the entirety of their spending limit at a single constituency or local area. It will become more difficult for large, well-funded campaigns to overwhelm the local political landscape.
The test for determining if a third party’s expenditure is in fact controlled expenditure is the same in both the Bill and existing legislation. Only expenditure that can,
“reasonably be regarded as intended to promote or procure electoral success”,
of parties or candidates will be regulated and count towards a third party’s spending limit.
Currently only expenditure on election material is regulated. This Bill extends the range of activities that are regulated to other activities such as public rallies and organised media events. This is the same list that applies to the activities of political parties. It implements a very sensible recommendation by the independent regulator, the Electoral Commission.
I should also make clear what this Bill does not do. Noble Lords will be aware that some charities and other organisations have expressed concern that the Bill will prevent campaigning on policy issues. I can reassure the House that only those campaigns that promote electoral success will be regulated.
It is the Government’s belief that the vast majority of charities or other groups campaigning for their preferred policies will not be affected by the Bill. This belief is based on the guidance of the Electoral Commission and its experience of regulating third parties at the 2005 and 2010 UK parliamentary general elections. At those elections charities and other campaign groups were not prevented from engaging with, commenting on or influencing public policy.
No elements of this Bill will deprive third parties of the ability to make a contribution to political debate. The regulatory requirements strengthened by this Bill are proportionate. Third parties will not be precluded from campaigning. They will simply be brought into an enhanced spending and donations reporting regime. As a result, the process as a whole will become more transparent.
I now turn to Part 3, which addresses a gap in enforcing existing duties. Section 24 of the Trade Union and Labour Relations (Consolidation) Act 1992 requires unions to maintain a register of their members’ names and addresses, and, so far as is reasonably practicable, to keep it accurate and up to date. I hope noble Lords will agree that this measure always was, and remains, reasonable.
Under the Act, however, union members, employers and the public cannot be wholly assured that a register is up to date. The Bill therefore requires unions to provide an annual assurance to the certification officer. Those with more than 10,000 members will be obliged to appoint an independent assurer. The Government are keen not to inhibit the operation of small unions—
Lord Lea of Crondall (Lab)
I thank the noble Viscount for giving way. Does his last comment imply that certification officers have had problems with the current regime?
Viscount Younger of Leckie
One of the issues that we wish to address is the fact that the certification officer has a passive mode so that anybody who wishes to make a complaint can do so, but only if he is a union member.
As I was saying, the Government are keen not to inhibit the operation of small unions, so those with 10,000 or fewer members will be required to submit an annual self-certification that their membership list is up to date.
The Bill will also enable the certification officer proactively to investigate possible discrepancies in the register. He will be able to require documents to be submitted and to appoint an inspector. If a union is non-compliant with the duties in Section 24, the certification officer may make a declaration and a civil enforcement order. Unions will always be given an opportunity to make representations before a declaration or order is made.
I look forward to these measures benefiting from the scrutiny of noble Lords. The Government are committed to implementation which is both effective and proportionate, and we will support the transition by producing guidance. I am aware of concern regarding the impact of the proposals, and I hope to reassure noble Lords now. First, I reiterate that the Government are not challenging the vital role that unions play representing their members’ interests and contributing to public debate.
Secondly, I reassure noble Lords that these proposals do not breach human rights to privacy or freedom of association. If a union is non-compliant with duties under Section 24, it is important that every opportunity is given for that to be remedied. The investigation powers will be proportionate: the certification officer can require information only where he deems there is good reason to do so. Existing safeguards in the Data Protection Act and the Human Rights Act will apply as they do elsewhere. The Bill also includes additional protections to prevent the unauthorised disclosure of member data. These provisions will not allow employers unauthorised access to such information.
I believe that these proposals are reasonable. By proactively providing an annual assurance, unions will give even greater credibility to the important voice that they have in public debate. I also hope that unions themselves will recognise the benefit: many unions have up-to-date registers but there is anecdotal evidence of doubt that that is always the case. The annual assurance process will bring greater credibility in future about the result of ballots; for example, in electing a new general secretary.
This Bill will shine the light of transparency on those represented by consultant lobbyists as they meet key decision-makers in government. This Bill brings further clarity on the influence third parties have on the outcome of elections. This Bill will provide assurance that trade unions have accurate membership records, given that their influence extends far beyond their members. This Government believe that transparency generates accountability.
Lord Martin of Springburn (CB)
I thank the noble Viscount for giving way. I am just seeking clarification. I do not need the answer today, but perhaps the Minister can look into this. I recall there were some cases where lobby journalists who held credentials as journalists doubled up as lobbyists and perhaps serviced some all-party groups. That is a very bad practice and something that should not continue. Can the Minister tell the House whether this practice would be allowed under this legislation?
Viscount Younger of Leckie
I thank the noble Lord for that very specific question. I think that it makes sense for me to come back with a full answer.
To conclude, the Government believe that transparency generates accountability and that accountability allows the public to hold public bodies to account. This Government want to be open, transparent and clear on who influences the political system. I commend the Bill to the House, and I beg to move.
Remembrance Day
Viscount Younger of Leckie Excerpts(14 years, 3 months ago)
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Viscount Younger of Leckie
My Lords, every year we cherish a number of bank holidays, whether Christmas, Easter, St George's Day or May Day. They all have different meanings for people and, for some, little meaning at all. They are viewed with varying degrees of importance. However, I believe that there is no one day more significant for us in Britain than Remembrance Day, an annual event for which we do not have a public holiday.
The emphasis on recognising the debt we owe to the fallen, like shifting sands, is moving from a focus on the world wars to more recent conflicts. The Wootton Bassett corteges are tangible evidence of the increased poignancy and recognition in the public consciousness of this.
I therefore thank my noble friend Lord Selkirk of Douglas for securing this debate. It is timely to allow us to reflect this year on the mostly positive news to highlight how we recognise the debt owed to the fallen, but also on seeking to look after—better—those who have been left behind and those who continue to serve. It provides an opportunity today to corral and re-emphasise some key points that have arisen from related debates during this year.
By tradition, a Sunday in November provides a formal period of reflective ceremony for families and friends to remember those they knew so intimately who gave their lives for their country. More tangibly, for those directly affected, it is a time also perhaps for a grim but dignified reflection of their changed lives—on family life which might have been, with absent fathers never bringing up children and wives having to cope with overwhelming challenges. More indirectly, we pause and think of those we never knew, from all conflict zones going back several decades, represented by countless names written in bold black letters, hewn in stone on memorials in the UK and around the world.
In June 2011 the War Widows Association marked the 40th anniversary of its foundation, as has already been mentioned. A moving service held in London allowed those present to honour the fallen and their spouses, and reflect on their bereavements, which have happened not just in the heat of war zones but too often from tragic incidents such as friendly fire or accidents in service. It was also an opportunity, collectively, for the war widows, of whom there are over 30,000 in the UK, to quietly reflect on their successes, including the fight over many years for a pension 100 per cent free of tax.
A debate on the subject of the war widows that same day last June highlighted the need for further improvements to their care and welfare. This included the need for a change to data protection laws, still outstanding, to make it easier for the Ministry of Defence to transfer war widows’ personal information directly to the association. Current registered numbers are low, at just over 3,000 people. The debate further highlighted the need to protect fully a widow's pension. There remains a legacy issue affecting potentially over 4,000 people. If the death of a spouse fell between 1973 and 2005, after which the Armed Forces pension scheme came into force, and the widow subsequently remarries or co-habits, her pension is withdrawn.
Above all, 2011 has seen the contrast between the war in Afghanistan and civilian life at home highlighted in sharp relief. As the noble Lord, Lord Bilimoria, has already mentioned, the Armed Forces covenant, presented this May and enshrined in the Bill, emphasised the need to have a closer bond between the services, communities and local authorities. It served to reaffirm the commitment between the state and the services concerning the defence of the realm, including the sobering point that those serving in the forces must be prepared to fight unquestioningly, and if necessary be prepared to make the ultimate sacrifice. As written in the Army doctrine document, this is founded on the highest principles of personal and collective commitment, and grounded in those key values of integrity, discipline, selflessness, outstanding training and unquestioning authority.
In return to those serving, to servicemen and their families, the state commits to deliver on a number of important social, welfare and health principles, with quality benchmarks to include equipment for fighting, family support, housing, education for children and recognition, to name just a few. In stark contrast with these principles, the riots that this country suffered from earlier this year demonstrated the moral and social bankruptcy seen in some parts of our society. People, mainly young, beyond the control of their parents or authority, were wantonly stealing goods from shops because they were tempting and available, all gained under a cloak of protest at government policy. To echo the words of the noble and gallant Lord, Lord Walker, I find it quite extraordinary that soldiers, some of whom may have come from the same cities and not dissimilar backgrounds to the rioters, have continued to serve in highly dangerous conditions against this background at home but remaining as professional, as focused and as brave as ever. It adds further weight to the debt owed not just to the fallen but to the seriously wounded and to those continuing to place themselves in danger. It is also a testament to the highest quality of selection, training and discipline within our UK Armed Forces. There is progress in tackling these legacy challenges at home—which were partly responsible for the riots—and I applaud the Government for taking strong action in working to effect societal change, including the increase of personal responsibility and the reduction of welfare dependency.
Education also has a role in helping us to understand the debt; my noble friend Lady Fookes has already spoken about this. The sacrifices made are more easily understood in society and in communities and passed down through the generations if history is given a greater priority in schools and is better taught, so that it is more interesting and meaningful. Improved teacher training is under way, placing a greater focus on the background to conflicts and on the linkage to related events. This will help pupils to establish a greater perspective to their place in the world and, we hope, will lead to the engendering of a greater purpose to and responsibility in their lives. As my noble friend Lord Lee of Trafford has highlighted, schools should be encouraged to take an interest in adopting local war memorials, to teach pupils about the sacrifices within their communities.
It is hoped that a greater awareness of conflict and the reasons behind conflict, with tangible improvements in our moral standards, in encouraging greater self-help and in giving more help for our fellow human beings in society, will help begin to repay the debt which we will be remembering again in depth on Sunday.
The Big Society
Viscount Younger of Leckie Excerpts(14 years, 9 months ago)
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The Viscount Younger of Leckie
My Lords, making the big society happen is all about effecting a behavioural and cultural shift for individuals within communities. It is about extending the concept and values of volunteering and self-help from societies and geographical areas where they are working to those where they are not. It is a movement or bandwagon—a shift in societal thinking based not on being dictated to by government, local or national, but on being persuaded that an ethos to help in our neighbourhood, naturally ingrained in most of us, should come alive where it is dormant. Communication is the answer. A recent survey highlighted the fact that half the adult population currently volunteer but as many as 11 million people would do so if only they were asked. How best to knock on the door of the Englishman's castle?
The efforts of 5,000 selected local community organisers or champions over the next four years will build and galvanise teams and ignite a sense of belonging in the community. It is encouraging that, last year, 76 per cent of people felt that they belonged to a society, compared to 70 per cent in 2003. Individuals can be persuaded by example. The nature and number of successfully burgeoning projects must be broadcast regularly and nationally to create interest, develop momentum, increase the energy and encourage copycat activities. Is there such a plan?
Finally, healthy competition within and between communities can be a powerfully persuasive tool for volunteering. The Government’s awards, notably for new and creative local projects, increase teamwork and pride resulting from local activity. The recent royal wedding street parties are a prime example of how people have lowered their drawbridges and come out to meet, talk and engage in their communities—in some cases, for the first time. Let such social interaction and communication be developed into community action by locally designated leaders.