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

Baroness Primarolo Excerpts

Monday 9th September 2013 Commons Chamber

[Jon Trickett (Hemsworth) (Lab)]

I beg to move amendment 2, in line 5, leave out ‘consultant’ and insert ‘professional’.

[The Second Deputy Chairman of Ways and Means (Dawn Primarolo)]

With this it will be convenient to discuss the following:

Government amendment 76.

Amendment 5, in line 8, leave out ‘consultant’ and insert ‘professional’.

Amendment 7, in line 12, leave out ‘consultant’ and insert ‘professional’.

Amendment 48, in clause 2, page 1, line 12, leave out subsection (1) and insert—

‘(1) For the purposes of this Part, a person carries on the business of lobbying if in the course of a business and in return for payment—

(a) the person makes communications within subsection (3), or advises another person on the making of communications within subsection (3), and

(b) none of the exceptions in Part 1 of Schedule 1 applies.’.

Amendment 8, in clause 2, page 2, line 2, leave out ‘on behalf of another person or persons’.

Government amendment 77.

Amendment 9, in clause 2, page 2, line 4, leave out paragraph (b) and insert—

‘(b) in return for payment the person advises others how to make communications within subsection (3).

(c) in return for payment the person arranges or facilitates a formal or informal meeting within subsection (3).’.

Amendment 161, in clause 2, page 2, line 4, at end insert—

‘(1A) A person carries on the business of professional lobbying if—

(a) the person is directly employed by a non-lobbying business to perform the role of making communications within the meaning of subsection (3);

(b) the person is contracted to perform the role of making communications within the meaning of subsection (3) by a non-lobbying business; or

(c) in addition to other duties within their business, they make communication within the meaning of subsection (3).’.

Amendment 52, in schedule 1, page 50, line 18, leave out paragraph 3.

Government amendment 91.

Amendment 17, in schedule 1, page 50,  line 18, leave out ‘consultant’ and insert ‘professional’.

Amendment 18, in schedule 1, page 50, leave out lines 19 to 24 and insert—

‘(a) the person is a constituent contacting or communicating with their Member of Parliament;

(b) the person is making communications solely on his or her own behalf;

(c) the person is responding to a government consultation exercise;

(d) the person is responding to an invitation to submit information or evidence to a Parliamentary Select Committee or Public Bill Committee;

(e) the person is acting in an official capacity on behalf of a government organisation;

(f) a person is making communications without remuneration;

(g) the person is responding to or complying with a court order,’.

Government amendments 92 to 95.

Amendment 19, in schedule 1, page 50, line 25, leave out sub-paragraph 3(2) and insert—

‘A person is carrying on the business of professional lobbying if they are acting—

(a) on behalf of a client, or

(b) on behalf of an employer.’.

Amendment 20, in schedule 1, page 50, line 30, leave out sub-paragraph 3(3) .

Amendment 21, in schedule 1, page 50, line 33, leave out sub-paragraph 3(4) .

Amendment 22, in schedule 1, page 51, line 8, leave out ‘consultant’ and insert ‘professional’.

Government amendments 96 and 97.

Amendment 24, in schedule 1, page 51, line 21, leave out ‘consultant’ and insert ‘professional’.

Amendment 25, in schedule 1, page 51, line 43, leave out paragraph (7).

Amendment 26, in schedule 1, page 52, line 10, leave out paragraph (8). Amendment 27, in schedule 1, page 52, line 16, leave out paragraph (10).

Amendment 30, in clause 3, page 2, line 35, leave out ‘consultant’ and insert ‘professional’.

Government amendment 98.

Amendment 32, in clause 4, page 2, line 38, leave out ‘consultant’ and insert ‘professional’.

Amendment 33, in clause 4, page 3, line 12, leave out ‘consultant’ and insert ‘professional’.

Amendment 38, in clause 6, page 4, line 25, leave out ‘consultant’ and insert ‘professional’.

Amendment 39, in clause 9, page 5, line 12, leave out ‘consultant’ and insert ‘professional’.

Government amendment 81.

Amendment 41, in clause 12, page 6, line 22, leave out ‘consultant’ and insert ‘professional’.

Government amendments 82 to 85.

New clause 5—Definition of consultant lobbying

‘(1) In section 1 “consultant lobbying” means activities which are carried out in the course of a business for the purpose of—

(a) influencing government; or

(b) advising others how to influence government.

(2) Activities are to be taken as having the purpose specified in subsection (1) if a reasonable person would assume, having regard to all the circumstances, that the activities were intended to have the effect described in subsection (1)(a) or (b).

(3) In this section “government” includes, within the United Kingdom—

(a) central government, devolved government, local government;

(b) members and staff of either House of Parliament or of a devolved legislature;

(c) Ministers and officials; and

(d) public authorities (within the meaning of section 6 of the Human Rights Act 1998).

(4) Subsection (1) does not include—

(a) anything done in response to or compliance with a court order;

(b) anything done for the purpose of complying with a requirement under an enactment;

(c) a public response to an invitation to submit information or evidence;

(d) a public response to a government consultation exercise;

(e) a formal response to a public invitation to tender;

(f) anything done by a person acting in an official capacity on behalf of a government organisation; or

(g) an individual who makes representations solely on his or her own behalf.

(5) In subsection (1) “influencing” includes informing, but making information or opinions public (for example, by way of advertisements or attributed articles in a newspaper) is not the provision of lobbying services.

(6) In this section—

(a) “business” includes any undertaking, including charitable and not-for-profit undertakings; and

(b) services provided by or on behalf of an undertaking are provided “in the course of a business”, even if the persons providing the services are acting on a pro bono, volunteer or not-for-profit basis.

(7) Subsection (1) applies whether a person is acting—

(a) on behalf of a client;

(b) on behalf of an employer;

(c) as a volunteer on behalf of a charitable or other organisation; or

(d) on the person’s own behalf (subject to subsection (4)(g)); but the Secretary of State may by regulations made by statutory instrument permit persons who provide lobbying services on behalf of an organisation (in any capacity) to rely on the organisation’s registration.

(8) The Secretary of State may by regulations made by statutory instrument provide that a person does not contravene section 1 by providing lobbying services without being registered, provided that the person becomes registered within a specified period beginning with the first date on which those services were provided.’.

Amendment 44, title, line 2l, leave out ‘consultant’ and insert ‘professional’.

[Jon Trickett]

Let me welcome you to the Chair, Ms Primarolo, for the start of this very important Committee stage. We all look forward to your wise advice as we proceed with detailed scrutiny of the first part of this absolutely dreadful Bill—a Bill which no single stakeholder of any importance has endorsed. Part 1 is in need of major change, and it is only as a result of the unfortunate abbreviation of the time available that we shall not be pressing every single one of our amendments to a vote. We will see how far we get. I do not intend to speak for too long, because there are so many important matters to be dealt with this afternoon. I apologise to the Committee for needing to slip out for a few minutes at some stage; I have a long-standing engagement.

I want to make three points. First, there is a need for a universal register of all lobbyists, to which amendment 2 and further consequential amendments refer. Secondly, we strongly object to the Government’s tabling of amendment 76, for reasons that I shall explain shortly. Thirdly, amendment 9 and amendment 48—tabled by my hon. Friend the Member for Nottingham North (Mr Allen), the Chair of the Political and Constitutional Reform Committee—widen the definition of “lobbyist” to ensure that all activities are properly registered.

The Government frequently claim to be the most transparent Government in history. That is a large claim. However, when it comes to making a choice between their commitment to transparency and the protection of vested interests, they always come down on the side of vested interests at the cost of transparency. That much is clear from the very first clause of the Bill, which needs to be amended.