House of Lords Reform (No. 2) Bill

Debate between Thomas Docherty and David Nuttall
Friday 28th February 2014

(10 years, 3 months ago)

Commons Chamber
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David Nuttall Portrait Mr Nuttall
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The hon. Gentleman will be aware of the report of the Political and Constitutional Reform Committee that looked into these matters. It was happy with the proposal as it stands, and there was no suggestion that the period should be six months. Would he like to comment on that?

Thomas Docherty Portrait Thomas Docherty
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Indeed, and I have had a brief chat with the Committee Chair, my hon. Friend the Member for Nottingham North (Mr Allen). As I recall, the report that the hon. Gentleman is referring to addressed the broader context of the recall of MPs, and from what I can ascertain from the newspapers, I think it is fair to say that that option is now off the table. If we were having a broader debate about recall, I could see the argument for keeping the period at a year and a day.

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David Nuttall Portrait Mr Nuttall
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I just want to make it clear that the report I was referring to was the Committee’s ninth report of the current Session entitled “House of Lords reform: what next?”

Thomas Docherty Portrait Thomas Docherty
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I was referring to the previous look at the issue in the Committee’s recall report.

Sometimes in our debates on a Friday Members say “We haven’t had many letters about this,” but I can truly say that I have had a large amount of correspondence on the issue of what is an appropriate disqualification period. On this occasion, I disagree with my hon. Friend the Committee Chairman. I think there is genuine public disquiet at the idea that someone can receive what is frankly quite a lengthy jail sentence yet continue to serve in Parliament, creating laws.

There is an obvious question which I am sure will be posed to me: why do I propose to make the situation for the House of Lords different from that for the House of Commons? If a Member of the House of Commons receives a jail sentence—of nine months, let us say—and tries to tough it out, the electorate still has an opportunity at the next general election to remove them from office. As things currently stand, however, in the House of Lords there is no term limit and therefore no other mechanism for recall. I believe there is merit in exploring whether the period set should be shorter, because the people of Britain do not have an opportunity to remove a Member of the House of Lords who tries to tough it out.

Regrettably, a small number of Members of the House of Lords, on both sides of the political divide, have gone to prison in recent years, and each time it happened there was genuine anger and people said, “Why is there nothing we can do to remove them?” I hope that today we will tease out the Government’s thinking on whether these rules are appropriate and whether there is merit in asking, “Due to the unique nature of the House of Lords—there is no democratic mechanism—should there be the same procedure?”

Turning to the broader issue, it appears that the hon. Members for North Warwickshire and for North East Somerset take slightly different approaches. The hon. Member for North Warwickshire has, I think, managed to achieve all that the hon. Member for North East Somerset wants, but does it in a single amendment. Far be it for me to get in the middle of an argument in the workers party about what is the correct approach, but it seems to me that this is a debate about whether it is appropriate to have to take a positive step following a conviction in a foreign court or whether our starting point should be that we regard foreign courts as having sensible judicial processes and only in exceptional circumstances would we seek not to abide by their recommendations. I hope that this is a rare technical argument.

I have to say that I have more sympathy with the original view of the hon. Member for North Warwickshire. I would find it slightly disconcerting if our starting point were, “We don’t believe a court in Germany, or in Canada or Australia, has due legal process.” Of course there are countries around the world that do not have the same legal history as us, but I have more sympathy with the view put forward originally by the hon. Member for North Warwickshire than I do with the view proposed by the hon. Member for North East Somerset. I look forward to hearing from the hon. Member for North Warwickshire shortly, and I am sure the Minister will set out the Government’s thinking.

May I again congratulate the hon. Member for North Warwickshire on introducing this Bill? There appears to be some noble interest in our debate today, and it is perhaps worth placing on the record the fact that the Bill is supported on both sides of the House. Lord Steel deserves a great deal of credit for championing the issue in recent years. It is possibly not as contentious as legislation he previously introduced when he was a Member of this House, but it is certainly an important Bill and I hope it makes it through both Houses and becomes law.

Armed Forces (Prevention of Discrimination) Bill

Debate between Thomas Docherty and David Nuttall
Friday 24th January 2014

(10 years, 4 months ago)

Commons Chamber
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Thomas Docherty Portrait Thomas Docherty
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I am incredibly grateful to the hon. Gentleman because he has, as ever, made my argument more successfully. The onus is now on the Ministry of Defence. I am certain that the Minister does not dispute the validity of the Criminal Justice Act 2003, and I am sure that she and her Department are full supporters of the principles it contains. The only issue before us today, therefore, is whether the protection it gives to specific other groups should be extended to members of the armed forces.

David Nuttall Portrait Mr David Nuttall (Bury North) (Con)
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It is almost a year since the Second Reading of a similar Bill in the previous Session. Does the hon. Gentleman have any specific examples of discrimination against a member of our armed forces, in his constituency or that have been brought to his attention by others, that have happened in the intervening year?

Thomas Docherty Portrait Thomas Docherty
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The hon. Gentleman leads me on to the point that I was about to make. I have mentioned physical assault already, but clause 2 would extend the prohibition on discrimination to what are colloquially called “trade and sales” issues. For example, a pub, restaurant or shop cannot refuse to serve a member of the armed forces simply because they are a member of the armed forces. Again, this is not about whether it is possible for lawyers to make a case on motivation, because the clause would amend an existing Act, on which very smart lawyers have already built cases successfully. This is a debate about whether the principle should be extended.

The work by Lord Ashcroft, carried out with Ministry of Defence support, reported the problem, but I also have two specific examples that happened relatively recently. The first was in Edinburgh, so not far from my constituency. The warship HMS Edinburgh was in dock in Leith to receive the freedom of the city in a civic ceremony at the city chambers. At the end of the ceremony, a group of crew members, in their dress uniforms, visited a pub called the Ensign Ewart. I do not know whether you are familiar with that pub from your visits to Edinburgh, Madam Deputy Speaker—[Interruption.] I can assure the House that it is a delightful watering hole and the type of place that Madam Deputy Speaker might visit during her frequent visits to Scotland.

The group of young sailors, in their dress uniforms, visited that pub in the middle of the day having just received the freedom of the city. The irony that the pub is named after one of the heroes of the Napoleonic conflicts is not lost on me, and I am sure that the House can guess what happened next: the landlord refused to serve them because they were members of the Royal Navy. The city council and most people in Edinburgh were indignant. The Edinburgh Evening News, the local daily newspaper, ran a huge campaign saying it was absolutely ridiculous and an embarrassment to Scottish hospitality, which I know the hon. Member for North East Somerset (Jacob Rees-Mogg) enjoyed a few years ago in central Fife. That is one good example of the ridiculousness of the situation.

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Thomas Docherty Portrait Thomas Docherty
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The hon. Gentleman—who, of course, gave his service to the country for 30 or 40 years —has made a compelling point, on which I hope the House will reflect. As a member of the Defence Committee, he has taken a close interest in this issue, and has championed me and supported my aims. He is entirely right: as the Minister would surely agree, it is ridiculous for a publican to say, “These young men and women in dress uniform are going to cause trouble.” As I have said, the Bill amends an existing Act. Safeguards already exist to enable a shop owner, publican or restaurateur to turn down someone’s custom if there is a genuine fear of trouble. All that we seek to do is extend the umbrella of protection to members of the armed forces.

David Nuttall Portrait Mr Nuttall
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When, nearly a year ago, the hon. Gentleman withdrew exactly the same Bill, he said that he looked forward to working with my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois), the present Minister for the Armed Forces, who responded to that debate. Will he tell us what negotiations or discussions have taken place since then?

Thomas Docherty Portrait Thomas Docherty
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I was in two minds about whether to mention this, and it is with some regret that I do so now. If I were being charitable to the Department, I would say that it had not entirely fulfilled the expectations that were raised at approximately this time last year. The hon. Gentleman was present at the time, and made a thoughtful contribution to the debate.

The Minister and his officials undertook to look into the issue, and to include their conclusions in the 2013 Armed Forces Covenant annual report. Earlier this year, during defence questions, I asked whether a Minister would meet me, but although I was given assurances, and although I chased the matter up several times, no such meeting, either with a Minister or with officials, was forthcoming. I find that very disappointing. Moreover, the 2013 report—which is, of course, available in the Vote Office—makes no mention of any study building on the work of Lord Ashcroft.

Armed Forces (Prevention of Discrimination) Bill

Debate between Thomas Docherty and David Nuttall
Friday 1st February 2013

(11 years, 4 months ago)

Commons Chamber
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Thomas Docherty Portrait Thomas Docherty
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I am grateful for that, and I am reassured that the right hon. Gentleman used his own money to purchase the book and did not borrow the £15 from his ministerial colleague.

As the book sets out, there have been some ridiculous examples, such as the one, when somebody in their uniform who had been at a Remembrance day service was refused service by Harrods. The Under-Secretary subsequently visited the store after a bit of a campaign in which he had been involved, and thankfully Harrods has changed its policy. I am sure, Mr Deputy Speaker, that in your own constituency and others you are aware of incidents where, regrettably, members of the armed forces have been refused service on rare occasions.

The report contains allegations that banks and building societies have turned down mortgage applications from armed forces personnel, and they have been unable to get mobile phones. I am conscious of hon. Members’ comments on previous occasions about narrowly defining Bills, so on this occasion I have not put such incidents into the Bill, but when the Minister responds I hope he will consider how widespread the problem is. The Ministry of Defence may wish to use a report mechanism to provide greater clarity on it.

I want to focus on the even more abhorrent incidents, which, thankfully, are relatively rare, but do occur, of verbal and physical abuse of members of our armed forces. No one present today and no one watching our proceedings would not condemn unequivocally the actions of a mindless tiny minority who when, for example, the coffins returned from theatre felt the need to hurl abuse and intimidate those who had gathered to pay their respects. I know that the Minister takes that very seriously.

The report also contains accounts of an RAF recruiter who reported that she had regularly faced verbal abuse. People had apparently called her a baby killer, which I am sure the House would find utterly despicable. It is such incidents that the Bill seeks to address, as well as physical assaults. I am clear, as I am sure is the House, that we are not talking about where soldiers, sailors or RAF personnel get into a fight as any other person might, but where they have been subject to an assault because of the fact that they are either in or out of uniform.

David Nuttall Portrait Mr David Nuttall (Bury North) (Con)
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The hon. Gentleman makes a powerful case for his Bill. In my constituency we are proud of our links with the Royal Regiment of Fusiliers, which has now effectively taken over from the Lancashire Fusiliers. Fortunately, I have not come across any cases like those he describes. Has he had representations resulting from occurrences in his constituency, and if so, will he outline them to the House?

Commercial Lobbyists (Registration and Code of Conduct) Bill

Debate between Thomas Docherty and David Nuttall
Friday 1st February 2013

(11 years, 4 months ago)

Commons Chamber
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Thomas Docherty Portrait Thomas Docherty (Dunfermline and West Fife) (Lab)
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I beg to move, That the Bill be now read a Second time.

I would like to begin by thanking the Clerks for their assistance in drafting the Bill. I know that you are a fan of our Clerks, Mr Speaker, and it is important to place on the record my thanks to Kate Emms and Simon Patrick for their help in drafting this Bill—and one or two others on today’s Order Paper. I am also grateful to the Minister for taking the time to meet me to discuss this issue. Without wishing to damage her career, I want to say it was a productive and useful conversation; I hope the Whips were not paying too much attention to that comment!

I shall address each clause in turn, and will be happy to hear any observations or questions from colleagues. I would observe, however, that a number of other Bills are on the Order Paper, so I hope that we can have a productive and focused discussion, bearing in mind the serious issues to be dealt with later.

David Nuttall Portrait Mr David Nuttall (Bury North) (Con)
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The Bill became available in the Vote Office only a couple of days ago, as the hon. Gentleman will know, and when I asked about it, I was told that there were no explanatory notes. I hope that he will bear that in mind as he goes through the Bill.

Thomas Docherty Portrait Thomas Docherty
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The Bill is simple enough, but I commend to the hon. Gentleman both the Public Administration Committee report and the Library note.

On the question of what a lobbyist is, I think we sometimes get things back to front. We have tended to try to define what a lobbyist is, rather than lobbying. For the purposes of the Bill, the groups of people and organisations we are trying to capture are those that are paid or receive financial recompense for carrying out this activity.

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Thomas Docherty Portrait Thomas Docherty
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I am always happy to engage in a lively debate, and this has been quite an informative one. As I say, there is a danger of trying to second-guess two Select Committees, UKPAC, the APPC and Unlock Democracy, all of which have concurred on what is an acceptable definition of lobbying. Nevertheless, there was a genuine question—I apologise for not yet addressing it—about who within an organisation would be expected to be registered. That brings me back to the proposals of the last Minister for the Cabinet Office. We do not know yet what revised proposals may emerge.

The question posed by the APPC for the purpose of its register is “Do you have a public-facing role in which you articulate a policy on behalf of the client?” That applies to companies large and small. When I was an account director and wanted to lobby a Member of Parliament, it would not always be me who telephoned the Member’s office or drafted a letter to the Member, although it would be me who signed the letter. It might be an account manager or an account executive who did the chasing up or issued the request for a meeting, as is the case in many organisations, and because that person would be dealing directly with the Member’s office, according to the APPC’s own definition he or she ought to be registered. The person who came in to clean the office in the morning, or the security officer, would not be performing a public-facing role or trying to influence public policy. I see one or two puzzled faces—

David Nuttall Portrait Mr Nuttall
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Will the hon. Gentleman give way?

Thomas Docherty Portrait Thomas Docherty
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I am always happy to give way, but let me finish my point first.

As I was saying, I see one or two puzzled faces, but everyone who works in the industry, either in a third-party role or in-house, considers the definition that I have given to be reasonable. I would never suggest that Opposition Members know less than those who work in the industry, but I am myself slightly puzzled about why some of them, who I know are phenomenally intelligent, cannot get their heads around that fact.

David Nuttall Portrait Mr Nuttall
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I thank the hon. Gentleman for giving way; he is being very generous. I am not sure whether I heard him correctly. Was he suggesting that someone who rings up a Member of Parliament to make an appointment needs to be registered?

Thomas Docherty Portrait Thomas Docherty
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That is the current requirement. The Minister may be able to say more when she responds to the debate, but I think that it is what the Government are proposing as well.

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Thomas Docherty Portrait Thomas Docherty
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I know that the hon. Gentleman has always been a passionate supporter of debates on the clause 4s of this land. As he suggested, the issue that he has raised could be considered in Committee—and I think that I am seeing a volunteer for the Committee, if he can fit us in with his various other important roles in the House.

Even if we accept that there will be a marginal cost to the taxpayer in connection with the work of the Cabinet Office, surely the benefits of a transparent and cleaned-up lobbying industry will far outweigh it.

Let me now say a little about the composition of the lobbying registration council.

David Nuttall Portrait Mr Nuttall
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Will the hon. Gentleman give way?

Thomas Docherty Portrait Thomas Docherty
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I have started, so I will finish. I have always wanted to say that.

Organisations such as Unlock Democracy have argued that the council’s membership should consist entirely of people who do not work in the industry. That is a reasonable argument, but others advance the counter-argument that the council needs people with a professional understanding of the industry, as is the case with ASPA. At the risk of sounding like a Liberal Democrat—or perhaps more like Tony Blair—I seek a middle way. I believe that there should be a mix, just as there is on the General Medical Council, whose membership includes both people with a background in medicine and people with no association with the profession. Before becoming Chairman of the Standards and Privileges Committee, my right hon. Friend the Member for Rother Valley (Mr Barron) served for many years on the GMC’s disciplinary committee in the latter capacity. Getting that balance right is a long-established convention in the professions.

I do not wish to prescribe the precise composition of the council. I therefore propose that Parliament should have an absolute right to determine its composition, but that the Minister should introduce delegated legislation in the form of an order to establish it. I hope that the House will look favourably on that proposal.

Let me now reply to another question. Again, I apologise for not answering it earlier: so many lively questions have been thrown at me today. I was asked what interests companies and individuals would be required to declare. I consider it vital for not just companies but individuals to be registered, for a very simple reason. It is a relatively rare occurrence, but, at present, if an individual who is not registered breaks the code of conduct, that individual can simply move to another company, in which case—if I may use a colloquialism—there will be no comeback. That is why I think that not just companies but the individuals within them should be registered.

David Nuttall Portrait Mr Nuttall
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Will the hon. Gentleman give way?

Thomas Docherty Portrait Thomas Docherty
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Of course I will.

David Nuttall Portrait Mr Nuttall
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I am grateful to the hon. Gentleman, although this is not the point that I was going to raise when I tried to intervene earlier. The Bill does not actually contain even a draft code of conduct. Could the hon. Gentleman give at least some flavour of the provisions that he would expect the code of conduct to contain?

Thomas Docherty Portrait Thomas Docherty
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As ever, the hon. Gentleman has anticipated what I am about to say. The question of the code of conduct goes to the heart of the issue. At present there is, dare I say, some divergence between my starting point and that of the Minister, but she is an entirely reasonable Minister, and I know that she is reflecting on the matter.

The code of conduct is crucial, because without a code of conduct a council registration is entirely pointless. If we do not define an acceptable activity, what is the point of spending time on maintaining a register? Let me say a little about what the code of conduct should include and what it may include, and, perhaps, give the House an example of appalling behaviour on the part of someone who has repeatedly failed to sign up to such a code.

For the same reasons that I articulated about the composition of the council, I have tried today to avoid prescribing the full terms of the code of conduct. Some of it will be self-evident; we all know what is and is not acceptable behaviour. I have referred, however, to the specific example of parliamentary passes, which the hon. Member for Rochford and Southend East touched on earlier. I believe it is entirely legitimate for an individual to own shares in a company. I am glad we have a free market, as I believe in the capitalist system—I am probably doing my cause with my party no good at all by saying such things.

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Thomas Docherty Portrait Thomas Docherty
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The hon. Gentleman is, as ever, courteous and kind, although perhaps mischievous on this occasion.

There has been a genuine discussion about the principles of lobbying—what we think is acceptable and unacceptable. Let me close with an anecdote about something that affected me personally. As a parliamentary candidate, I opposed one of Mr Cummings’s planning applications for 2,000 new houses in my constituency, in the north of Dunfermline. I supported the local residents near that wonderful greenfield site, which was open for recreation and well used. I should say that Mr Cummings’s client had every right to bring forward an application, and I will not mention their name; I think they were innocent in this matter.

Two things happened that the Minister might want to reflect on. Mr Cummings was organising workshops for the local residents. He portrayed them as an opportunity for an independent mediator to listen to the residents’ concerns. He said that that would allow him and his client to listen constructively to those concerns and to go away and adjust the plans. He did not tell the residents who turned up for the meeting that the so-called independent facilitator was his live-in girlfriend, who was being paid by Invicta to conduct the so-called independent facilitating meetings that were supposed to allow proper feedback.

Any reasonable person would think that a live-in lover who was being paid to hold the meeting would be unlikely to be entirely independent. That is why a register of every employee involved in lobbying is important.

David Nuttall Portrait Mr Nuttall
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There is a difference between someone who is paid as a one-off and someone who has a contract of employment. Would someone have to register if they were holding a one-off event?

Thomas Docherty Portrait Thomas Docherty
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That goes back to the quarterly register. For the quarter during which the person had been employed, they would be on the register. That is why the register must be updated regularly. It is reasonable for a member of the public who goes to a policy or planning workshop to want to see the employees of the company in question and to expect the relevant website to be updated regularly.

David Nuttall Portrait Mr Nuttall
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If the register were updated retrospectively, how would that benefit the member of the public? Two months later would be too late.

Thomas Docherty Portrait Thomas Docherty
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The issue is about reasonable balance. Most planning and public policy processes take several months. If the register were updated every quarter, people could see the information in retrospect and say to the developer, non-governmental organisation or commercial company, “Hang on a second—you told me this person was an independent facilitator. It turns out they are an employee of the company.”

Let me be clear. What I have described was not a one-off event, but what Mr Cummings was doing with all his controversial proposals; he would bring in the so-called independent facilitator who supposedly had no links to him or his business. He portrayed her as an academic who specialised in bringing together opposing parties. However, the hon. Gentleman has raised a valid point.

Let me give the final part of my example, because I have detained the House for far longer than I had envisaged. With the local community council, I was mounting a campaign against the size of the development. I have worked in property and believe we need more houses, but the sheer size of this development was the issue. My campaign, in July, about nine months before the general election, was quite effective; the local council was coming under pressure to mitigate, at least, the size of the development. One Saturday evening at about half-past 6, I received a text message. I had known Mr Cummings so I had his name in my phone. I am aware that I am not allowed under “Erskine May” to use unparliamentary language even in quotations, so I will not push my luck on this. Those who are vaguely familiar with sectarianism will know of a thing called the “Famine Song”, which is sung by the more illiterate of those who claim to support Rangers football club and says some fairly nasty things about Catholics, suggesting in particular that they may wish to “go home”. I cannot go into the content of the lyrics of the song without breaching “Erskine May”, but it is hugely offensive.

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David Nuttall Portrait Mr Nuttall
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I start from the position that we jumped into this debate this morning and overlooked whether we needed a register in the first place. It seemed to be accepted from the moment that the debate started nearly three hours ago that it was all about how one defines a lobbyist and lobbying, whereas I want to start with what is the problem. The Bill’s promoter cited one or two specific instances that he was concerned about, but as always I would argue that one or two cases make bad law. We should not pick on one or two instances, which seemed to border on criminal behaviour, to claim that the solution is to introduce a register for lobbyists. Just as we cannot rid society of theft or burglary by making them criminal offences, if there is a problem with lobbying and lobbyists the answer is not to provide yet more regulation. It is almost as though legislators look around society to find a group that is not legislated for and then come up with a scheme to bring them under the control of the legislature.

On Friday mornings, Back-Bench Government Members will often try to pilot through a Government handout Bill; it is somewhat more surprising to see an Opposition Member promoting a Bill that is broadly in line with the coalition programme for government, although I accept that there are differences.

Thomas Docherty Portrait Thomas Docherty
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That is because I am an awfully helpful individual.

David Nuttall Portrait Mr Nuttall
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As ever, the hon. Gentleman is trying to be helpful to the Government.

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David Nuttall Portrait Mr Nuttall
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My hon. Friend makes a good point. It is probably common ground among Members on both sides of the House and from all parties that when one arrives in this place one soon begins to realise that the real power lies with the civil service. In fact, it is often the civil servants the lobbyists want to see, because they know that influencing the thinking of the civil service can be far more effective than, for example, influencing what a Back-Bench Member of this House may think.

I cannot see what would be the benefit to society of having a register of lobbyists. I can see lots of downsides, but I cannot see its purpose. Would it really be the case that every time somebody rang up to make an appointment with a Member, they, or their staff, would bother to consult it? It just would not happen, and even if it did, I cannot see what the purpose would be. Members of the lobbying profession are often, by definition, in the business of promoting themselves. Their websites often contain huge lists of their clients; it is not as though they are trying to hide on whose behalf they are acting. When somebody rings up, one knows straight away, or can quickly find out by asking one or two questions, on whose behalf they are calling. I am not confident that there would be any real use in having such a register.

That brings me on to the question of how the register would be arranged and organised and, more importantly, who would keep it. The Bill suggests that a new organisation, the lobbying registration council—not a new quango but a new industry-funded body—would be responsible for maintaining and supervising the register and keeping it up to date. However, we have no idea of what particulars would be entered on it. It is a blank canvas. Obviously, there would be the name and address of the company or individual and details of their clients, but how long would it be before someone said, “Well, frankly, that’s not much use”? It would be the thin end of the wedge. I suspect that those who thought that it was a good idea to have a register would soon be saying, “What we really want is to know who these lobbyists have met, and we want that recorded on the register. We want to know for how long they met a given individual, where they met, what was the purpose of the meeting, and what was its outcome.” Before long, what started off as a simple register of names, addresses and lists of clients would develop into an enormous database of facts and figures and lists of meetings. It would become a bureaucratic nightmare for those involved in the lobbying industry.

How will my constituents benefit from all that regulation and registration? When I look at things, I always ask, “How will my constituents benefit from this?” I can see that those who may want to engage in the lobbying industry will suffer as a result of the Bill, but I fail to see how my constituents would benefit in any meaningful way from a register of lobbyists.

We do not know what all this will cost. Again, it has been glossed over. We have heard about and debated lots of other things, but we have no idea about that crucial question. One of the first things that a lobbyist would ask is, “How much will this cost?” We have no idea.

Thomas Docherty Portrait Thomas Docherty
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I know that the hon. Gentleman does not plan to detain the House, so it might be helpful if I point out to him that the current cost of the APPC register is only £200 to £300 per individual. I hope that that gives him an idea of the cost.

David Nuttall Portrait Mr Nuttall
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That is a useful contribution, but the cost of £200 to £300 is for an entirely different register from that which the Bill proposes, which is statutorily based. The lobbying registration council will be funded by those who will pay to be on the register, so in order to determine the cost of registration we have to look at the LRC itself, which, as I have said, is a blank canvas.

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David Nuttall Portrait Mr Nuttall
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My hon. Friend makes a very good point. It probably will have to register on its own register, because I am sure that before long it will want greater powers and to extend its reach into new areas. We have already come across a possible new area this morning. As has been pointed out, one of the gaps in the Bill is that it does not provide for the registration of those who want to lobby the European Parliament. The council may well lobby the Government to amend the legislation to cover that area. My hon. Friend is right that, on that basis, it would have to be on its own register.

We do not know how many members will be on the council. Will it be two or three, or thirty or forty? How representative will it be? Will it have to have members from every region of the country? Will it have to have members from different lobbying organisations?

Thomas Docherty Portrait Thomas Docherty
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I am grateful to the hon. Gentleman for giving way again, because I know that he is trying to move towards a conclusion. I remind him that all those matters will rightly be subject to parliamentary scrutiny. I am sure that he has even more confidence in his Ministers than I do.

Philip Davies Portrait Philip Davies
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I wouldn’t be so sure.

David Nuttall Portrait Mr Nuttall
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I have every confidence in our Ministers. I hope that, as a result of this debate, the Government will continue to worry about the path that they have sent themselves down with the consultation. It is clear from the consultation that it is easy to say, “Let’s have a register of lobbyists,” but that when one looks at the detail, the problems arise. The devil is in the detail.

As I have said, I fail to see how a register of lobbyists would help anybody. That is what we should be thinking about. How will a register help? How will it solve any of the so-called problems? I fail to see that there are problems. I am not bothered about them, but perhaps other people are. In a healthy democracy, everybody lobbies their MP. I am sure that every MP has the same experience at the weekend. I will be going down the street and somebody will tap me on the shoulder and say, “I know it’s the weekend, but I would like to have a quick word with you about blah-de-blah-de-blah.” They want to explain their point of view and to influence me. That is the nature of representative democracy in this country; it happens every day of the week. Some people do it because they are interested, and others do it for reward. I fail to see, however, how having a register will help to solve those problems in any way, shape or form.

Not only do we not know how many members will be on this lobbying registration council, it is not clear who will appoint them. How will they be appointed? Will they be appointed by the Government? Indeed, will they be appointed at all? Will they be elected? Will all members of the lobbying organisation, who have to pay for it, get to elect its members? Who will be eligible to serve on that august body? Will they need a qualification to be a member of the lobbying registration council?

This is the thin end of the wedge and I have seen no evidence this morning to convince me that a register is a good or sensible idea that will benefit my constituents in any way. A likely consequence of the Bill is that, just as we saw last week with the Offshore Gambling Bill, something that ostensibly starts out as a good idea will rapidly turn into the opposite of that. Given that the Act would apply only to England, Wales, Scotland and Northern Ireland, we may find that lobbying organisations faced with enormous regulation and fees will move offshore. They will say, “I’m not staying here and paying vast fees of thousands and thousands of pounds each year; I will move.” They will move offshore, either to Gibraltar or indeed outside the European Union altogether.

The promoter of the Bill mentioned that the fees might be £200 or £300, but it is not clear whether that will be standardised. Will the fee be the same for an individual as for a huge conglomerate or large multinational company with a huge client base? I suspect that the one-man band will pay one fee, and that the huge multinational will pay another—many thousands of pounds. For that reason, those multinationals might be inclined to think, “If we are faced with these fees and all that bureaucracy, we will move offshore.”

Thomas Docherty Portrait Thomas Docherty
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I am conscious that the hon. Gentleman is trying to conclude his remarks. The point he raises is a matter for delegated legislation. The principle is that the fee will be based on the number of people who are signed up, but I urge the hon. Gentleman to look at the clauses that state that it will be a matter for delegated legislation.

David Nuttall Portrait Mr Nuttall
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I am grateful for that clarification, but the fee is something else that we simply do not know about. We are being asked to take it on trust. We do not know about it; it is a blank canvas and will be dealt with in the future. I am not satisfied by the principle behind the Bill, and even if I were I think it is a Trojan horse. Even if one accepts that it is sensible to have such a register—which I do not—this Bill would be the thin end of the wedge. Before long, what started off as a fairly simple exercise would soon grow like Topsy into expensive, unnecessary bureaucracy that would put British jobs at risk. For that reason, and many others, I oppose the Bill and urge Members of all parties to reject its Second Reading.

Wild Animals in Circuses Bill

Debate between Thomas Docherty and David Nuttall
Friday 18th January 2013

(11 years, 4 months ago)

Commons Chamber
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David Nuttall Portrait Mr David Nuttall (Bury North) (Con)
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Will the hon. Gentleman give way?

Thomas Docherty Portrait Thomas Docherty
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I will, because the hon. Gentleman has had the courtesy to stay in the Chamber.

David Nuttall Portrait Mr Nuttall
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I am listening to closely to the hon. Gentleman. Will he explain why, if the need for a ban on wild animals in circuses is so pressing, the Labour Government took no action at all on the matter during their 13 years in office?

Thomas Docherty Portrait Thomas Docherty
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We took a number of steps to improve animal welfare, and the number of wild animals in circuses decreased during that period.

I often try to be helpful to the Minister, and I have indicated that I would have been happy, had he and his colleagues been so minded, to use the Bill as a vehicle for taking the necessary legislation through. Perhaps he will tell the House when he responds to the debate what path the Government intend to take towards introducing a ban. There is cross-party agreement on this matter. No one in the House who is in their right mind believes that wild animals in circuses should not be banned. As I have said, nine out of 10 members of the population support a ban, and more than half the Back Benchers in this place signed the early-day motion in support of one.

I have been in contact with a number of charities involved in this area—there are too many to list—and I have received more than 1,000 e-mails in the past seven days from supporters of a ban who have also contacted their constituency MPs. I know that there are many Members here today, possibly including the Minister, who have received e-mails urging them to vote for a ban.

This is a relatively straightforward measure. It is also useful that the charities involved have found homes for all the wild animals if the circuses do not wish to keep them. As I have said, there is a role for them in the creative industries, and they will not be put down or kept in poor conditions. I am conscious that my hon. Friend the Member for Wakefield (Mary Creagh) wishes to speak in the debate, and that I need to allow the Minister adequate time to explain how he has been so moved by my eloquence. So, with those brief remarks, I commend the Bill to the House.

Legislation (Territorial Extent) Bill

Debate between Thomas Docherty and David Nuttall
Friday 9th September 2011

(12 years, 9 months ago)

Commons Chamber
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Thomas Docherty Portrait Thomas Docherty
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It is always a pleasure to serve with you in the Chair, Mr Deputy Speaker.

I approach the Bill with some interest, because I am a member of the Procedure Committee. As the House will know, we are currently examining the sitting hours of the House and, in particular, the way in which private Members’ Bills are dealt with on Fridays. A very small number of Members seem to have turned these occasions into what the Committee has jokingly termed “Chope Fridays”—and I note that the hon. Member for Christchurch (Mr Chope) is in the Chamber today. It is therefore welcome that that monopoly appears to have been broken, and that a worthwhile debate is now taking place.

I wonder whether today’s debate would have been better suited to a full day in Westminster Hall, given that there may be no Divisions on the Bill. Indeed, given yesterday’s announcement by the Deputy Prime Minister about the West Lothian commission—to which I suspect the Minister will wish to refer in his response—it might form part of the broader debate that we will have in that context. I realise that in speaking to the amendments tabled by me and by my hon. Friend the Member for Bishop Auckland (Helen Goodman) I am somewhat cup-tied, if I may use football parlance, when it comes to the realms on which I am permitted to touch, and I shall do my best not to be tempted to digress by Government Members. I know that we shall be able to engage in a slightly broader discussion on Third Reading. As I have said, I think that the debate is worth having, and probably worth having on the Floor of the House rather than at a Conservative party conference, where I believe that it would have taken place in three weeks’ time if the Deputy Prime Minister had not made his announcement about the West Lothian commission yesterday.

I am concerned about two aspects of the Bill, which all four amendments seek to address. The first is the issue of consultation.

David Nuttall Portrait Mr Nuttall
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Where is consultation mentioned in any of the amendments?