Parliamentary Lobbying

Wayne David Excerpts

Wednesday 2nd November 2011 Westminster Hall

[Mr Wayne David (Caerphilly) (Lab)]

I congratulate my hon. Friend the Member for Newport West (Paul Flynn) on securing the debate, which has been a good one. He is a doughty campaigner and several important issues have been raised. Among the many important issues raised by the hon. Member for Carmarthen West and South Pembrokeshire (Simon Hart) was that of unintended consequences. My hon. Friend the Member for Bassetlaw (John Mann) stressed the importance of the principle of transparency. The hon. Member for Harlow (Robert Halfon) made the point that there is a great deal of common ground between politicians in the House, and I shall revert to that. My hon. Friend the Member for Rhondda (Chris Bryant) pointed out that lobbyists fulfil a useful role and that it is the question of regulation that concerns us. I also thank him for introducing us to a word with which I was not familiar—“lobbyacious.” Finally, we heard, briefly but pithily, from the hon. Member for Camborne and Redruth (George Eustice), who underlined the complexity of the subject and warned us to be careful not to introduce unintended consequences.

I hope that Members agree that we should all do our best to establish a genuine consensus in the House on how best to register lobbying activity. It is well worth remembering that how best to regulate lobbyists featured in the manifestos of all three main British political parties during the general election campaign. The Labour party stated:

“We will create a Statutory Register of Lobbyists to ensure complete transparency in their activities.”

The Liberal Democrat manifesto stated that the improper influence of lobbyists should be curbed by

“introducing a statutory register of lobbyists”.

Indeed, the Conservative manifesto said:

“We will regulate lobbying through introducing a statutory register of lobbyists and ensuring greater transparency.”

The coalition agreement also has a commitment to a statutory register.

I hope that the Minister will indicate when the long-waited consultation paper will see the light of day. I read with interest his interview in the current House magazine, and it was rather unfair of it to refer to him as “Nick Clegg’s babysitter”. [Hon. Members: “Aah.”] I am glad that hon. Members agree that that is a rather unfair description. I dare say that some would prefer to describe the Minister as “David Cameron’s handmaiden.”

In that interview, the Minister alluded to several other constitutional issues, which mean that the register of lobbyists has slipped from the Deputy Prime Minister’s initial target of later this year. I sincerely hope that the Minister’s work load will not prevent him from keeping his promise of at least a consultation document in the next few weeks. If he could provide us with a publication date today, that would be most helpful.

When that consultation document is published, I hope that there will be a widespread debate and that the Government will listen carefully to the views expressed by all.

[Robert Halfon]

Although the hon. Gentleman rightly urges the Government to take action on this and for us to fulfil our election manifesto commitment, does he not regret that his own party did not follow through the recommendations of the 2009 report of the Public Administration Committee?

[Mr David]

If the hon. Gentleman will bear with me, I will address that point in a moment.

It is important for the Government to learn from the unfortunate episodes that we have witnessed in this House in recent times. I also urge them to study carefully the experiences of other legislatures, particularly in Australia and Canada. There is no easy formula or one-size-fits-all approach—nothing can be taken off the shelf—but we can learn from what has happened in other countries.

I would like to make a few suggestions about the principles that I believe should underpin any future statutory register of lobbyists. Building on the cornerstone of transparency, to which several Members referred, the Public Administration Committee stated in its 2009 report that information in a statutory register must include

“the names of the individuals carrying out lobbying activity and of any organisation employing or hiring them, whether a consultancy, law firm, corporation or campaigning organisation.”

Secondly, it stated that the information should include,

“in the case of multi-client consultancies, the names of their clients.”

Thirdly, it recommended the inclusion of

“information about any public office previously held by an individual lobbyist—essentially, excerpts from their career history.”

Fourthly, the report said that there should be

“a list of the interests of decision makers within the public service (Ministers, senior civil servants and senior public servants) and summaries of their career histories outside the public service”.

Fifthly, it stated that there should be

“information about contacts between lobbyists and decision makers—essentially, diary records and minutes of meetings. The aim would be to cover all meetings and conversations between decision makers and outside interests.”

Those five points are a good starting point. Some will suggest that they do not go far enough, while others will say that they go too far. They are, however, a useful point at which to begin our discourse. As the hon. Member for Harlow suggested, some may wonder why the report was not implemented when Labour was in government. I shall pre-empt that argument by saying that, while it is true that Labour did not take up the Committee’s call for a statutory register, it nevertheless indicated in January 2010 that, if a voluntary system proved ineffectual, it would be necessary to go further. I suggest that the time has indeed come for us to go further.

There is a danger that our approach to this admittedly complex and difficult area could end up being too broad and general. We must also be mindful of unintended consequences, as a number of Members have said. We are all advocates and ambassadors for our constituents, and many of us support a wide range of organisations that do not fit the widely accepted definition of a lobbying organisation. We must be careful that we take that into account when we define which bodies and individuals should be included in a statutory register of lobbying interests.

Finally, a register of lobbyists will not wholly solve the problem of the exercise of inappropriate influence. Let us not forget that the friend of the right hon. Member for North Somerset (Dr Fox), Mr Adam Werritty, was not a lobbyist as such. If anything, that episode clearly demonstrates that it is necessary for us to have in place a number of safeguards that are vigorously enforced. A statutory register of lobbyists, however, would be a vital element in ensuring that faith is restored once again in our parliamentary democracy.

--- Later in debate ---

[Mr David]

I simply make the point that we have an ideal opportunity to make progress now because there is a genuine political consensus. I therefore urge the Government to be constructive.

[Mr Harper]

Yes, and I am very pleased to do so.

The hon. Member for Newport West also referred to Ministers who take up roles on leaving office. My right hon. Friend the Prime Minister strengthened the guidelines on that in the ministerial code he published last year. Ministers must seek the advice of the Advisory Committee on Business Appointments and they must abide by it. That was not previously the case. Ministers had to get the advice, but they did not have to abide by it. In addition, for the first time, my right hon. Friend introduced a ministerial code that bans former Ministers from lobbying for two years after leaving office. So, they are absolutely not allowed to go straight out of office, get a job and start lobbying the Government again. That is a very helpful step forward.