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

Paul Farrelly Excerpts

Tuesday 3rd September 2013 Commons Chamber

[Jenny Chapman]

I am grateful to my hon. Friend for raising that point. Moreover, it seems that it will not apply only to the run-up to general elections. Elections currently seem to be taking place nearly all the time: European elections, police and crime commissioner elections and local elections. Will the Bill apply to all those elections? If so, it will surely have a constant chilling effect on the activities of some charities.

[Paul Farrelly (Newcastle-under-Lyme) (Lab)]

The Bill appears to be a reaction to undercover newspaper reporting alleging rule-breaking at Westminster, but does my hon. Friend agree that it does not address the issue at all? Is it not in reality an opportunistic attack on the ability of groups in civil society, including trade unions, to deliver a message that might be unwelcome to the Government? Is it not also deeply disappointing that Liberal Democrat members of the coalition have signed up to the Bill, given their historic emphasis on civil liberties?

[Jenny Chapman]

That is a disappointment, but I have to say that it is not surprising that Liberal Democrat Members may wish to avoid the scrutiny to which such groups might want to subject their record come the next election.

I speak as a trustee of a charity and as someone who is deeply careful about the way in which the money is spent. I make sure, as it is a trustee’s job to do, that we do not take decisions that may land the charity in any kind of difficulty. We want to be sure that the money that we have worked hard to raise and that it is our job to look after is not misspent on having to buy legal advice or defend ourselves in court.

I am very concerned about what may happen if there is a charity campaigning on, perhaps, the closure of a hospital and an election candidate decides to support that cause. The charity may not have made the decision to align itself with a political party or candidate, but they somehow become entwined. There will be a loser in that election, as there always is, and what might happen then? Can the other parties who have not been successful in the election mount a challenge? Who would be responsible for paying for the defence of that charity as a result of the outcome of such an election?

There are very great concerns, therefore, and my sense is that the Leader of the House was not properly cognisant of them before leading this debate today. I can only hope that he becomes more alive to them during the course of the Committee stage, although I have to say that I am a bit doubtful of that based on my experience of serving on Committees.

It would have been far preferable to have had some form of pre-legislative scrutiny, but that is not where we are. I must commend my hon. Friend the Member for Nottingham North (Mr Allen) on, in effect, creating a process for trying to inject further scrutiny of this Bill.

There are very real concerns—they are not invented concerns—and I look forward to hearing the Minister trying to deal with some of them when he sums up.

--- Later in debate ---

[Chris Bryant (Rhondda) (Lab)]

It is a great shame that the hon. Member for North East Somerset (Jacob Rees-Mogg) is no longer in the Chamber, because I think that not only did he let his voters and the House down, but—worst of all—he let himself down. He is the arch- patriot, but lobbying is one of the things that Britain gave the world. The only reason it is called lobbying is because of the lobby outside St Stephen’s chapel, where the House of Commons used to sit. That is why when Paris lost the bid to host the 2012 Olympic games, Bertrand Delanoë complained passionately in French that the British had engaged outrageously in lobbying—“doing the lobby,” as he put it.

A fundamental part of our history, and of the way we have grown up as a democracy, has been the right to turn up at the door of Parliament, or a little further away since this ghastly building was built in the 1850s, and ensure that one’s voice is heard. The age of consent in this country is now 16, but it had been 13 until the late 19th century, because the only thing Josephine Butler could do was come and stand at the door of the House of Commons to lobby, grabbing hold of MPs as they came in to try to persuade them of her point of view, and eventually she won the argument.

It has been that way for centuries. In 1432 the Brewers’ Company wanted a new licence and a new company charter, so they tried to persuade Parliament. They failed, but then they paid the Lord Chancellor £40 and miraculously got their piece of legislation. In 1455 John Whittocksmead was paid a noble to be a friend for another honourable company in parliament. In 1485 the longstanding battle between the canons and the Poor Knights of Windsor was resolved when the Clerk of the House was given a very sumptuous breakfast to persuade him to get a Bill through. The Doorkeeper was given tuppence, the Serjeant at Arms was given a noble, the Speaker was given six pounds, six shillings and eightpence, and the King was given £100.

Quite rightly, as the Chair of the Standards and Privileges Committee said earlier, we have outlawed receiving money in return for putting forward a case in this House, but that is not the case in the other House. I suggest that many of the problems relating to lobbying and to corruption in our parliamentary system stem from the other end of the Corridor, because many people pursue their commercial interests through how they vote in that Chamber, which I think is inappropriate.

My personal experience is twofold. First, I was the BBC’s lobbyist in Brussels. That must make me the Daily Mail’s arch-hateperson—the BBC, Brussels and lobbying all in one—but I was proud of the fact that, by persuading MEPs and Commission members, we managed to see off Rupert Murdoch’s attempt, ironically enough, to make Brussels determine that the BBC’s licence fee was unfair state aid. Murdoch using Brussels to try to make that case was slightly odd. I am delighted that we won that battle by convincing people through legitimate lobbying.

[Paul Farrelly]

Does my hon. Friend agree that the Bill would tilt even further an already unlevel playing field? At the next election the vast majority of the press, including the Daily Mail, will support the Conservative party, yet the Bill will seek to restrain, for example, the National Union of Students and the education unions from reminding the Government of their record on university tuition fees.