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

Tom Brake Excerpts
Tuesday 10th September 2013

(10 years, 8 months ago)

Commons Chamber
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Viscount Thurso Portrait John Thurso
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May I start by saying what a pleasure it is to serve under your chairmanship and eagle eye, Mr Hoyle? Having regard to the point of order I shall keep my remarks as brief as I can.

Amendment 47 stands in my name and that of my right hon. and hon. Friends, and is linked to amendment 46. I will also speak to new clause 4 although I do not intend to speak to any other amendments. Briefly, let me explain the context behind why I tabled these amendments. Part 2 of the Bill sets out limits and rules relating to non-party political campaigning. As I understand it, the Government’s intention is to draw a clear distinction between the activities of those such as charities and interest groups that seek particular policy outcomes that they promote to all candidates and parties in an election, against those third parties that seek to influence the outcome of an election by support or opposition to particular parties or candidates.

Our electoral system is based on a principle enshrined for many years that all political activity at elections, whether by established party or non-party groups, is regulated as to the amount of expenditure they may use. That is a long-held view. Our electoral system has held that unlimited funding on the US model is not how we wish to do our politics or elections, and that we should have expenditure limits. I wholly concur with that principle.

It is therefore right that non-party political campaigns should be subject to that principle just as much as parties—a point that was clearly accepted in the Political Parties, Elections and Referendums Act 2000. Indeed, if one were to reverse the argument, it would be very odd if non-partisan groups, or even charities, were to argue that they alone should be free to have an unfettered right to spend money with regard to who wins or loses an election, either in the country or an individual seat. Notwithstanding that principle, there are justifiable concerns about some aspects of the drafting of this Bill, and the amendments seek to address one such concern.

Clause 26, as drafted, amends section 85 of the 2000 Act. Amendment 47 paves way for the meat of the issue, which is amendment 46. It simply puts forward the proposition that we should leave the status quo in place. By deleting subsections (3) and (4), the amendment seeks to state that the Government wish to proceed on the basis that nothing has changed in that definition, so that is what we should have. My proposition is straightforward: let us stick with the status quo.

Tom Brake Portrait The Deputy Leader of the House of Commons (Tom Brake)
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I thought it might be useful to my hon. Friend and other hon. Members if I intervened at an early stage to say that the Government have listened to the concerns expressed by charities. My right hon. Friend the Leader of the House met the National Council for Voluntary Organisations on Friday. We intend to introduce amendments on Report that will address many of the concerns that my hon. Friend, the hon. Member for Nottingham North (Mr Allen) and other hon. Members have expressed. I assure my hon. Friend that the concerns he is expressing will be addressed on Report.

Viscount Thurso Portrait John Thurso
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I am extremely grateful to my right hon. Friend. I was about to say that I hope the proposals find favour in the eyes of the Government and that they accept them. If he is saying that the Government accept the principle behind the proposals and would like to introduce on Report an amendment that does the same thing, it would be extremely churlish of me not to accept it.

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Viscount Thurso Portrait John Thurso
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I am unlikely to get inspiration from anywhere, so my short answer is that I do not know. However, to my mind, nothing in the Bill should do that. I would be extraordinarily opposed to anything that sought to curb the press in that way.

Tom Brake Portrait Tom Brake
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To be helpful to my hon. Friend, there is a specific exemption for newspapers in the 2000 Act.

Viscount Thurso Portrait John Thurso
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I am most grateful to the Minister.

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Andrew George Portrait Andrew George
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I would like to correct the intervention by the hon. Member for Nottingham North (Mr Allen). The NCVO indicated to me that it was to an extent reassured, and Stuart Etherington said the change in the Government’s position was tantamount to a significant step in the right direction. That does not mean, and I did not say, that the NCVO and the charitable sector are now completely happy with part 2 of the Bill—they most certainly are not.

Tom Brake Portrait Tom Brake
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rose—

Wayne David Portrait Wayne David
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I will refer specifically to the NCVO position and what has happened in the past few days, but I want to make this point first. There has been a groundswell of concern over the summer. Just a few days ago, before the NCVO meeting, the Leader of the House responded to concerns by saying, “Don’t worry, you’ve all got it wrong. We are absolutely certain that we are right and you are all wrong. This won’t affect charities and voluntary organisations at all.” That was the Government’s line. On Friday, as has been said, he changed his tune and indicated to the NCVO that there would be a concession. I would like to know what precisely the concession will be. The Deputy Leader of the House wanted to intervene a moment ago. Perhaps he can say precisely what the concession will be.

Tom Brake Portrait Tom Brake
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I thank the hon. Gentleman for giving way. I thought it would be useful if he had on record what Stuart Etherington from the NCVO said in relation to clause 26—and it relates to clause 26 only, not to other clauses:

“I am pleased that the Government has listened to and significantly met the concerns of charities and community groups. I understand the Government’s intention was not to make their normal work subject to this regulation. We will work closely with the Government and the Political and Constitutional Reform Committee in order to deliver this intention.”

I am a little afraid that that might mean that the hon. Gentleman has to rewrite his speech. There is a clear undertaking from the Government to work with the NCVO to ensure that it, and indeed my hon. Friend the Member for Caithness, Sutherland and Easter Ross (John Thurso), are happy about clause 26.

Wayne David Portrait Wayne David
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I read the press release issued on Friday and I had discussions with the NCVO only this morning. It has issued a brief that updates its position, saying clearly—as I do—that it welcomes this movement, but that the Government have a heck of a long way to go. There is nothing to stop the Government today putting forward, on the Floor of the House, a written commitment to give us an outline of what they want to do. All we have had is a nod and a wink and a promise.

Wayne David Portrait Wayne David
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My hon. Friend puts his finger on an important point that highlights the lack of clarity and the confusion at the heart of the Bill. We have heard the fine words of the Deputy Leader of the House on what the Government intend to do, but will he give us this commitment: will he put in writing, by means of a draft amendment that he can amend if necessary, what he has said to the Committee today? Will he provide that substantive material? Please reply.

Tom Brake Portrait Tom Brake
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I thank the hon. Gentleman for that offer. I am sure he would prefer that the Government’s legal counsel ensured that they work to build up the amendment—on which we have already given an undertaking to work with my hon. Friend the Member for Caithness, Sutherland and Easter Ross and, as Stuart Etherington has indicated, the NCVO—to ensure that, on Report, the fundamental concern of charities over the confusion that they say the Government have introduced into the definition of election materials and election purposes will be addressed.

Wayne David Portrait Wayne David
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I respectfully remind the Minister that the Bill was literally drafted on the back of an envelope in a couple of days. All we are asking is that the Government give us a draft amendment, subject to all the caveats that they want to put in about legal advice and so on, so that we have, in writing, the Government’s commitment. Otherwise many people will think that these are simply hollow words from the Government.

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Helen Goodman Portrait Helen Goodman
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My hon. Friend is absolutely right, and I am grateful to him for reminding me of paragraph 59, because I, too, had underlined it. That makes the situation almost completely unpredictable for voluntary sector organisations.

Tom Brake Portrait Tom Brake
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Is the hon. Lady saying these voluntary organisations are campaigning in support of a political party or for the election of a party candidate, because, of course, if they are not doing that, they are not covered by the controlled expenditure provision?

Helen Goodman Portrait Helen Goodman
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Yes, but that is the whole problem. They may not say, “Vote Liberal Democrat”, but if they say, “Don’t vote for candidates who voted for an increase in tuition fees,” everybody will be pretty clear what that means. The right hon. Gentleman’s party would be perfectly well able to go to court and say, “The effect of the expenditure must also be considered and it is clearly discriminatory against Liberal Democrat candidates.” That is the problem.

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Charles Walker Portrait Mr Walker
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The hon. Lady makes a constructive intervention, and no doubt the Minister will want to respond. Political engagement at whatever level in almost every form is greatly to be encouraged. I hope that the Government listen to the real concerns expressed today, and that that level of engagement is not suppressed.

Tom Brake Portrait Tom Brake
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I thank the Chair of the Procedure Committee for his contribution to the debate, and I acknowledge the excellent work he does on behalf of mental health charities. I assure him that mental health charities that campaign on policy issues will not be affected by what we are debating today. I hope he will agree, however, that if during a general election campaign one of the charities he has referred to advocated support for a party or a number of candidates, that would, in effect, constitute electioneering and have to be accounted for.

Charles Walker Portrait Mr Walker
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I hear what the Minister says, but I think it is acceptable for a mental health charity to advise its members to consider carefully the responses it has received from the candidates it has quizzed when it comes to deciding how to cast their vote.

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Wayne David Portrait Wayne David
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It is unusual for the Opposition spokesman to make a second speech in such a debate, but it is important to hone in on a few points that have been made on both sides of the Committee. There is a high degree of consensus, and very few, if any, hon. Members have made partisan contributions. All recognise the value of civil society and of it engaging fully in our democratic process.

The right hon. Member for Haltemprice and Howden (Mr Davis) spoke of how the nature of society is changing, and of how civil society is becoming more important in our democracy. We should recognise that and enhance such involvement. We have also heard how public policy is extremely important, particularly with regard to the devolved institutions, for campaigning organisations and the voluntary sector. Hon. Members have heard how charities do not simply raise money, but have a great deal of input into the development of policy in their respective areas, so public policy formation and charity work come together.

In my view, all those points have produced a unanimous view in the Committee. It is important that the Minister acknowledges the relatively uniformity of view in the Committee, and recognises the need for more discussion among hon. Members, and perhaps more importantly among those outside the Chamber who will be directly affected, including the Electoral Commission, charities and campaigning organisations.

Hon. Members have honed in on clause 26. I heard what the Deputy Leader of the House said at the beginning of the debate about amending the clause and schedule 3, so I ask him, in the next few minutes, to give the Committee a commitment that he will have a dialogue with the Opposition, the Electoral Commission and all the organisations that are concerned about the implementation of the measures.

This positive debate has shown that the Committee is not against change. All hon. Members recognise that change must take place, but we also recognise that, in a democracy, if change is to enhance our democratic process, it must take place on the basis of consensus and agreement.

Tom Brake Portrait Tom Brake
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I apologise for the fact that I will take some time to respond. We have been debating the matter for two or two and half hours, and it is appropriate for me to respond to many of the points that have been made. If I am unable to respond in the debate to the points hon. Members have made, or if I do not respond, they can take them up with me later and I will respond in writing.

The debate on Second Reading raised a number of important issues relating to clause 26, and I am grateful to my hon. Friend the Member for Caithness, Sutherland and Easter Ross (John Thurso) and the hon. Members for Caerphilly (Wayne David), for Nottingham North (Mr Allen), for Perth and North Perthshire (Pete Wishart) and for Banff and Buchan (Dr Whiteford) for the amendments they have tabled.

The hon. Member for Caerphilly criticised the Government by saying that the Bill was rushed, but then invited me to draft the amendment we had been discussing here and now, thereby short-circuiting any discussion with interested parties on that particular issue. In response to the specific request he and the hon. Member for Hayes and Harlington (John McDonnell) made on when an amendment will be tabled and whether there will be a process for engaging with the Opposition, the Electoral Commission and the National Council for Voluntary Organisations, I can provide them with reassurance that that process will happen. I am happy to meet the hon. Member for Caerphilly to discuss proposed Government amendments. Discussions will take place with the Electoral Commission and the NCVO prior to them being finalised. Although the House will be in conference recess, the Government hope to table amendments at least a week before to give Members time to consider them.

Wayne David Portrait Wayne David
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I thank the right hon. Gentleman for his positive comment. If he is giving a commitment to effectively redrafting clause 26, he will have no problem if the Committee votes against it tonight.

Tom Brake Portrait Tom Brake
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It will be up to the hon. Gentleman to make his decision. I have given an undertaking, and am about to give a more detailed undertaking, of what we intend to do with clause 26. It will be up to him to decide whether he feels that that is appropriate.

The main purpose of clause 26 is to align the activities that count as controlled expenditure for political parties and third parties. Many Members have referred to the Electoral Commission’s objections to aspects of the Bill. As far as I am aware, no one has referred to what it had to say on the alignment of the definition of controlled expenditure for political parties and third parties, and I would like to put that on the record. Recommendation 29 of its June 2013 report states:

“The rules on PPERA non-party campaigning that is intended to influence voters should be changed so that they more closely reflect the scope of rules for political parties by covering events, media work and polling, as well as election material.”

That is what the Electoral Commission has to say about the importance of ensuring that the two measures mesh carefully.

Tom Brake Portrait Tom Brake
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I will give way to the Opposition Front Bench spokesman and then the Chair of the Select Committee.

Wayne David Portrait Wayne David
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What the right hon. Gentleman says is of course correct. Why, if he believes there should be greater alignment between the two areas of expenditure, does he want to introduce a staff cost to the voluntary sector that does not apply to political parties? He cannot have it both ways.

Tom Brake Portrait Tom Brake
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I thank the hon. Gentleman for that intervention, because it gives me the opportunity to underline that under the current definition of controlled expenditure, staff costs for non-party organisations have to be accounted for. This is not a departure; we are extending the requirement on them to account for staff costs to the new areas of controlled expenditure that we think should be covered, such as research.

Graham Allen Portrait Mr Allen
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The Deputy Leader of the House is absolutely right that the Electoral Commission says those words. My Select Committee read a little further than the right hon. Gentleman, and it is in our report for any Member to read. It says:

“However, crucially, they”—

the Electoral Commission—

“added: ‘this would need careful consideration’. This careful consideration appears to have been lacking.”

Tom Brake Portrait Tom Brake
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I thank the Select Committee Chair for that further clarification of the Electoral Commission’s quote. What we are doing to bring these two measures of controlled expenditure in line is careful and considered. We may, if we have time, come to clause 27. I suspect that we may debate other aspects later.

Hywel Francis Portrait Dr Francis
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The Minister talks about careful consideration. Will he produce a human rights memorandum on the Bill and will he allow my Committee, the Joint Committee on Human Rights, to produce a report? We only began to deal with this report today and we hope to report sometime in October. Will he allow us the opportunity to present that report to the House and for him to consider it?

Tom Brake Portrait Tom Brake
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On the human rights aspects, some Members have questioned whether the Bill is compliant. The Government’s assessment is that we consider all the spending limits in the Bill to be compatible with article 10 and have taken into account the amount that the third parties are permitted to spend under the reduced limits and the amount that they spend now. Clearly this has been given active consideration by the Government, as the hon. Gentleman would expect.

The main purpose of clause 26 is to align the activities that count as controlled expenditure for political parties and third parties. At present, the activities that count as controlled expenditure depend on whether we are referring to a political party or a third party. This means that spending by recognised third parties to assist a political party with the cost of an event would be captured as political party spending. However, if the recognised third party were independently to organise such an event itself—perhaps supporting that same party—such spending would not be caught. That highlights why we are trying to ensure that these two definitions—for third parties and for political parties—are brought into line.

We agree with the Electoral Commission that the current variation in what constitutes controlled expenditure for a political party and for a recognised third party is a potential gap in the regulation of spending in the UK elections, hence the intention behind clause 26. I believe that aligning the definition of controlled expenditure is a reasonable and sensible measure. However, to achieve this, the current definition of election materials needs to be revised. [Interruption.] I hope Members will let me finish what I am saying before trying to intervene. At present, recognised third parties incur controlled expenditure in connection with the production or publication of election material that is made available to the public. As a result, the Bill proposes to replace “election materials” with “for election purposes”; as we are aligning the activities with those of parties, we are also aligning the language of the test.

As we have said, the Government do not believe that we are significantly changing or widening the present test. Controlled expenditure would be incurred only where an organisation is promoting or procuring the electoral success of a party or candidate. However, I am conscious, as are the Government, of the concerns raised by right hon. and hon. Members that charities and voluntary organisations will be caught by the proposals in clause 26 and that the new language leaves room for ambiguity. This is not the Government’s intention.

Lord Mann Portrait John Mann (Bassetlaw) (Lab)
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Will the Minister confirm that what he and the Government are proposing is that if a charity puts out a leaflet saying “Vote for people in favour of animal welfare”—I have voted recently in favour of animal welfare—and if, as happened at the last election in Bassetlaw, the Conservative party unwisely and unsuccessfully spends £250,000 sending direct mails to my electorate with pictures of some southern politician, the Conservative party will be able to do that but the charity will not?

Tom Brake Portrait Tom Brake
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On the latter point, the hon. Gentleman will be aware that the political parties have sought to get an agreement on party political funding and that that was not possible. He can speculate on where the blockage for that was. On the question of the charity, I can assure him that if his charity campaigned in the run-up to the 2010 general election, we will ensure that it has the same level of clarity about what and how it can campaign as it did then. I hope that he will acknowledge that some of the concerns expressed today about the uncertainties for charities about what they can and cannot do exist under the present legislation. Those charities already have discussions with the Charity Commission and the Electoral Commission, under the present legislation, about what they can and cannot do

Lord Mann Portrait John Mann
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So to confirm, the right hon. Gentleman is saying that the Conservative party could spend that money, which was wasted in Bassetlaw—or, indeed, it could spend it against him, very personally and directly—but that if a charity campaigned on how he or I voted, and if it persuaded us in the year running up to an election and then used its resources to e-mail its supporters or members, who then e-mailed us to congratulate us on how we voted, it could be caught out by the law.

Tom Brake Portrait Tom Brake
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We could continue this rather unfruitful dialogue, or I can restate that, whatever the charity to which the hon. Gentleman refers did in the run-up to the 2010 general election, we will ensure the same clarity about what it can do in the run-up to the 2015 general election, and there would be no difference.

Tom Brake Portrait Tom Brake
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I am going to make a bit more progress. It may help the Committee—

None Portrait Several hon. Members
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rose

Edward Leigh Portrait The Temporary Chair (Sir Edward Leigh)
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Order. The Minister is not giving way at this point. Hon. Members must let him continue.

Tom Brake Portrait Tom Brake
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I will give way shortly.

It might help the Committee if I set out in a little detail why the amendments in this group would not work effectively, along with some of the points we will need to address before Report. I thank my hon. Friend the Member for Caithness, Sutherland and Easter Ross for his amendments, which in substance try to achieve what the Government want to do. However, in practice, there are some deficiencies in their wording, which means that we cannot simply adopt them now.

Tracey Crouch Portrait Tracey Crouch
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It is quite clear from today’s discussions that there is still some confusion among charities and third sector organisations about some of the wording in the Bill. I am pleased to hear that the Minister is willing to reconsider the precise wording, but when he does, will he bear in mind the fact that other organisations are also concerned about the impact of the Bill? They include the excellent Liberal Democrat Voice, LabourList and ConservativeHome, which are equally unclear about whether part 2 applies to what they do.

Tom Brake Portrait Tom Brake
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When the amendment is made public—we have made a commitment to do that—I am sure that those organisations will be effective at lobbying us, and no doubt 38 Degrees will also want to communicate its views. We will be informed about whether the different organisations consider our amendment to be sufficient to achieve what they are requesting.

Tom Brake Portrait Tom Brake
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I am going to make some more progress.

The amendments tabled by my hon. Friend the Member for Caithness, Sutherland and Easter Ross would alter clause 26, so that a third party would incur controlled expenditure only when it undertook activities that fall within part 1 of proposed schedule 8A to the Political Parties, Elections and Referendums Act 2000, as set out in schedule 3 to the Bill, and are incurred “for election purposes”. It would also remove the definition of “for election purposes”, which means that “for election purposes” would be undefined in the legislation. I can see that the objective of the amendments is to maintain the expanded list of activities that would count as controlled expenditure, but to revert to the existing definition, as used for “election materials”.

The amendments tabled by the hon. Member for Caerphilly seek to reinstate the current legislative arrangements. Recognised third parties would incur controlled expenditure only for “election materials” and only for certain activities, such as advertising and unsolicited materials addressed to electors. The Government believe that aligning the activities for which political parties and recognised third parties incur controlled expenditure is a sensible and reasonable objective. As I have said, this measure is advocated and supported by the Electoral Commission.

The hon. Member for Leyton and Wanstead (John Cryer) referred to Hope not Hate. I agree with him that many of the things that people have said today will result from the Bill will simply not happen. However, given that Hope not Hate spent above the cap proposed by the Government, its spending would be constrained, so he touched on a genuine point. I will be meeting Hope not Hate to see whether we can address the concerns it might have. With organisations such as 38 Degrees and Hope not Hate increasingly switching to online campaigning activity, the costs of campaigning could go down, as it is much cheaper to campaign online via e-mail than by using postal mailshots. I will meet that organisation to discuss the matter in any case.

There is a potential gap in the regulatory regime when a recognised third party that undertakes public rallies and media events would only incur spending on election material made available to the public, whereas if that were done on behalf of a political party, the cost of the full range of activities would be captured. This objective should not be lost in the wider discussion relating to charities and voluntary organisations.

A further amendment tabled by the hon. Member for Caerphilly seeks to amend the definition of “election purposes” so that controlled expenditure would be incurred only by a recognised third party when it was its direct purpose. It is useful to highlight to the Committee that, under the currently regulatory regime, the test for “electoral materials” has a subjective and an objective element.

Lord Mann Portrait John Mann
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Given what the Minister has just said, will he confirm that if a church or a synagogue were to organise an election hustings but chose explicitly to exclude a fascist candidate, that would be deemed to constitute electioneering against that candidate and would fall entirely within the remit of the Bill?

Tom Brake Portrait Tom Brake
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That is the kind of issue that can be taken up with the Charity Commission and the Electoral Commission under existing legislation to establish whether that particular activity constituted electioneering. Nothing that we are proposing would affect that.

The amendments tabled by the hon. Member for Nottingham North seek, as previous amendments have done, to strike a balance between the reasonable intent of expanding the range of activities that incur controlled expenditure, and addressing concerns over the activities of charities and voluntary organisations being caught. Amendment 131 seeks to revise the definition of “for election purposes” as activity that can reasonably be regarded as promoting or procuring the success of a party or candidate. As the Government have indicated, we support the principle of that aim, and we will table amendments on Report which I hope will address that concern to the hon. Gentleman’s satisfaction.

A further amendment tabled by the hon. Gentleman proposes that donations by a third party to a third party coalition group should count towards the donor third party’s spending limits. That seems to suggest that such a grouping would register as a separate, new third party and be subject to the wider controls of the Political Parties, Elections and Referendums Act 2000. The intention appears to be to repeal section 94(6) of PPERA. That provision stipulates that when two or more third parties work together as a group or coalition in pursuance of a common plan, the whole of the expenditure they incur as part of that coalition must count against each third party’s spending limit separately. However, the drafting of the amendment would not explicitly repeal section 94(6). The amendment also fails to consider that removing the existing provisions on acting in concert would remove a key anti-avoidance measure from PPERA. If total spending by a group of third parties acting as part of a common plan was not counted in full against each individual third party’s limits, it would allow third parties to form many coalitions on single issues in order to evade their spending limits. That would remove a vital safeguard from the integrity of the rules.

Angela Smith Portrait Angela Smith
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Has the Minister considered the position of the Wildlife Trust in this context? It is not a single organisation but a coalition of trusts working up and down the country; it is a coalition of organisations working as a single body.

Tom Brake Portrait Tom Brake
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Clearly we have. This comes down to the issue of whether the Wildlife Trust, which I suspect has members drawn from all parties and none, would as part of that coalition campaign in support of a political party or of a number of party candidates. If it did not intend to do so, it would not be covered by the legislation.

Graham Allen Portrait Mr Allen
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In respect of the amendment I tabled in line with the sentiment of my Select Committee—very much along the lines of the amendment tabled by the hon. Member for Caithness, Sutherland and Easter Ross (John Thurso)—I am receiving reassurances from what the Minister said, so I am happy not press it to a Division. We all look forward to seeing the actual words that will give life to both those amendments.

Tom Brake Portrait Tom Brake
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I thank the hon. Gentleman for that clarification. I shall move on to other amendments, but I want to take the opportunity to reassure him that we would seek to engage with him on the amendment we propose to table on Report.

Paul Flynn Portrait Paul Flynn
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Is it the message of the right hon. Gentleman’s speech that all the organisations and charities that are campaigning against the Bill should now intensify their campaigns until October in order to get something sensible from the Government on Report?

Tom Brake Portrait Tom Brake
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Far be it from me to encourage or advise charities. I am sure they will continue to campaign if they feel there is a need, but my hope and expectation is that, once the NCVO and other organisations have seen the amendment that we intend to publish to address their concerns about a lack of clarity on the definitions, they will be satisfied. They might not be satisfied on other elements, but we will wait and see how they respond.

The amendment tabled by the hon. Member for Perth and North Perthshire would exclude the part 2 provisions from applying to elections to the Scottish Parliament without the assent of the Scottish Parliament. A number of Members have commented on the Bill’s impact on the different Administrations, so perhaps I need to clarify the issue. For the most part, the Bill is focused on UK parliamentary elections, and many of the provisions will have no effect on elections to the Scottish Parliament. Spending controls operate by regulated period, rather than by election, so seeking to exclude Scottish Parliament election spending in those areas where there are common rules would create an unworkable situation. For those reasons and others, these matters are reserved.

The amendment tabled by the hon. Member for Banff and Buchan would exclude charities registered in the Scottish charity register. The Electoral Commission has highlighted in its amendment briefing that, as a general point, it does not see a case for charities to be exempt from the rules regulating third parties, and the Government agree.

Eilidh Whiteford Portrait Dr Whiteford
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Will the Minister outline exactly what discussions he has had with the devolved Administrations about this Bill in Scotland, Wales and Northern Ireland? What discussions has he had with the charity commissions that regulate charities in Scotland, Wales and Northern Ireland?

Tom Brake Portrait Tom Brake
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I am afraid I will have to write to the hon. Lady. She will be able to judge for herself whether she feels that the response is suitable.

The hon. Member for North Down (Lady Hermon) intervened on the hon. Member for Banff and Buchan and referred to future elections “imminent or otherwise”. I would like to clarify that that is an existing definition under PPERA, not something new that the Bill would introduce.

Lady Hermon Portrait Lady Hermon
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The Minister mentioned me, so I appreciate his giving me the opportunity to say that the Bill amends existing legislation, specifically the Political Parties, Elections and Referendums Act 2000. That is what we are discussing. The fact that a term already exists in legislation does not make it good. I would like him to explain what is meant by a future election being “(imminent or otherwise)”. It is in that Act. What does it actually mean?

Tom Brake Portrait Tom Brake
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I can assure the hon. Lady that, given that this term has been in legislation since 2000, it must be completely clear. I am going to move on.

My right hon. Friend the Leader of the House and I have met representatives of the voluntary sector to hear their concerns first hand. I can assure my hon. Friend the Member for Caithness, Sutherland and Easter Ross and the hon. Members for Caerphilly, for Nottingham North, for Perth and North Perthshire and for Banff and Buchan that we will look closely at the drafting of the clause so that it is absolutely clear that we are not changing the current test. I apologise for repeating that. It must be the third, fourth or fifth time I have said it today, but I think it is important to make it clear to everybody what we are seeking to do. We believe that that would most simply be achieved, and the greatest reassurance would be given to campaigners and to the Electoral Commission, by a reversion to the situation set out by existing legislation, which defines controlled expenditure as expenditure

“which can reasonably be regarded as intended to promote or procure electoral success”.

[Interruption.] I hear one of the Opposition spokesmen say that this is a shambles. I hoped to hear from him that it was, in fact, a case of the Government’s listening to the concerns expressed by charities and by Members on both sides of the House, and responding to them.

Tom Brake Portrait Tom Brake
- Hansard - -

I will give way to the Opposition spokesman, but I will not take any more interventions after that.

Wayne David Portrait Wayne David
- Hansard - - - Excerpts

I thought that the Minister was in listening mode, but there we are. May I ask him one simple question? Does he intend to revise schedule 3?

Tom Brake Portrait Tom Brake
- Hansard - -

I think that we shall have to wait and see—[Interruption.] As I have said to the hon. Gentleman, what we are seeking to do is to address the concerns expressed by charities about the lack of clarity in the definitions. We have indicated that we will revert to terms very similar to those used in the original legislation. I am sure that if he genuinely wants to address the concerns that charities have expressed, he will welcome that. As I said, we will return to the issue on Report.

In new clause 9, the hon. Member for Caerphilly calls on the Government to undertake a post-legislative assessment. New clause 10 also calls for such an assessment. We conducted an impact assessment, which we consider to be adequate, but the Chairman of the Select Committee, the hon. Member for Nottingham North, may well wish to undertake a post-legislative assessment. The Leader of the House and I are both keen for post-legislative scrutiny to take place, and, in fact, would encourage Select Committees to carry out more of it than they do at present.

The hon. Member for Caerphilly referred to the amendment which would alter schedule 3 by appearing to narrow slightly the types of manifesto or documents that are included, omitting those which set out a party’s policies, but not the third party’s view of them. It would also remove the detail of the type of expenses that should be included in calculation of the amount of controlled expenditure associated with any manifesto or other document setting out the third party’s view on the policies of a party or candidate.

At present, recognised third parties incur controlled expenditure in connection with the production or publication of election material which is made available to the public. That will normally cover activities such as advertising, unsolicited material addressed to electors, and any manifesto or document setting out the policies, or the recognised third party’s view on the policies, of one or more parties or candidates.

While schedule 3 expands the range of activities that may constitute controlled expenditure, manifestos or policy documents—being election material—are already covered by existing law, and will remain so. They are simply described here in a different way. I therefore urge that the amendment is not pressed to a vote.

References have been made to press conferences and rallies. I know that the TUC has expressed fears that it will not be allowed to hold its rally. Our view is that the TUC would not promote parties or political candidates at the rally—especially given what is happening at the TUC conference today, where it could almost be argued that the TUC is supporting anything but the Labour party. [Interruption.]

Lindsay Hoyle Portrait The Temporary Chairman (Sir Edward Leigh)
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Order. There are too many private conversations and sedentary interventions. May we have a bit of peace and quiet so that we can hear the Minister?

Tom Brake Portrait Tom Brake
- Hansard - -

I suspect that the Committee is becoming restless, Sir Edward, and that I need to move on very, very promptly. Members will be pleased to learn that I have reached the penultimate page of my notes.

I have explained to the hon. Member for Caerphilly that staff costs are covered by the controlled expenditure rules that apply now to non-party organisations. Therefore, by extending the definition of controlled expenditure, we are requiring them to account for staff costs in the areas that are now also covered by controlled expenditure.

Tom Brake Portrait Tom Brake
- Hansard - -

I am not going to give way. I have made that point clear. I do not think the hon. Gentleman understood it, but I hope he does now.

The hon. Gentleman asked why staff costs are accounted for for non-party organisations but not for political parties. The role of political parties is entirely to campaign politically and therefore all the staff costs of any political party would have to be accounted for as part of controlled expenditure. I do not think he is advocating that.

I have come to the end of my notes. Having heard the firm undertakings the Government have given to engage with the NCVO, the Electoral Commission, the Opposition and a number of organisations that are going to respond to the amendment when it has been published in advance of Parliament returning, I hope my hon. Friend the Member for Caithness, Sutherland and Easter Ross will think that we have done enough for him to withdraw his amendment.

Viscount Thurso Portrait John Thurso
- Hansard - - - Excerpts

This has been a substantial debate both in time and in content, and I am very grateful to all Members on both sides of the Committee who have contributed to it, and also for the widespread support—albeit some of it, I suspect, slightly unintended. The debate has raised an important question. I shall not refer to all the speeches, but I will make one point. I intervened on the hon. Member for Banff and Buchan (Dr Whiteford) to reiterate a point made by the Chair of the Select Committee: that so much of this is about perception. My amendments are, by returning to the status quo, designed to get rid of one of the perceptions. I am therefore very grateful for the undertaking the Minister has given, which is that the substance of my amendment will be included in the amendment he will bring forward on Report, that he will consult with the Opposition and the voluntary organisations, and that the amendment will be published sufficiently far ahead of our proceedings on Report to be properly considered by everybody.

I have never managed to get any concession out of a Minister before in my life and it is a lovely way to celebrate my 60th birthday, so I will accept. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question put, That the clause stand part of the Bill.

--- Later in debate ---
Which are the organisations that are going to go wacky? They are the Royal College of Midwives—yes, probably—Action for Children, the Howard League for Penal Reform, the Royal British Legion and Oxfam; those organisations gave evidence to my Select Committee about their concerns. They are not fringe; they are not just within the bounds of legitimacy. They are mainstream bodies, many of which have been going for 100 years or more. The National Trust is another—it is almost a newcomer, having been going only since the 1920s, I believe. I could also mention Christian Aid, the Stroke Association, Girlguiding, the Woodland Trust, the Royal Mencap Society, the RSPB, Friends of the Earth and the Salvation Army. They are big and can look after themselves. They can get a brief and some legal advice. More chilling is what might happen to others who gave evidence. What about the Foyle Women’s Information Network and the Newcastle Council for Voluntary Service? They cannot take a risk of being interpreted, under the definitions in this Bill, as being even marginally in an area of transgression.
Tom Brake Portrait Tom Brake
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In the hon. Gentleman’s last sentence he moved off the main point he was referring to, which was the cap. Did any of the organisations he just cited as having given evidence to his Committee say that they intended to spend more than £390,000 on supporting a political party in the 12 months before the general election?

Graham Allen Portrait Mr Allen
- Hansard - - - Excerpts

Give me the time to undertake accurate pre-legislative scrutiny of the Bill and I will give the right hon. Gentleman his answer.

What we should be doing in this place is adding to the rich tapestry of our democracy, not emaciating, frightening, chilling or putting a shadow over it. We should not be having people who fear engaging with their politicians and fear being part of our electoral process. We should have people who say, “We are welcome. Parliament is passing something that says, ‘Come in, we want to hear you. You are the big society. We want to listen to what you have to say.’” Are we saying that today? No, we are not, as we can see when we look at clause 27. This House should be sending out a much more positive message to those organisations, and to everybody else who wants to support and develop our democracy.

--- Later in debate ---
Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
- Hansard - - - Excerpts

I thank the hon. Member for Brighton, Pavilion (Caroline Lucas) for giving me the last few minutes in the debate. I concur with the hon. Member for Nottingham North (Mr Allen)—he described exactly my feelings.

Charities and the Christian organisations tell me that the Bill will reduce the financial threshold at which a third-party campaigner must register with the Electoral Commission. Under the newly broadened range of activities, if a third party plans to spend £2,000 or more in the year leading up to the general election, it must register with the Electoral Commission. The Christian Institute and the Royal British Legion are concerned about that—the hon. Gentleman mentioned a number of charities that have the same concerns.

That is a unique problem for charities, many of which hold events at the Long Gallery in Stormont in the Northern Ireland Assembly for, for example, children in care, cancer awareness-raising or women’s rights, to name three of dozens of important issues. The events are costly to hold—it is highly possible that a charity will spend £2,000 or more in the year before an election without purposely seeking to enhance one candidate over the other. The charities set out to achieve a goal, but the Bill will disadvantage them greatly. I do not believe that the Government have acknowledged or understood the key issues Opposition Members have described.

Registering with the Electoral Commission at the low threshold will create disproportionate administrative burdens on charities and regulatory bodies. One point that has not been made in the Chamber is that the limit will apply to partnership working. For example, if two charities work together on a single-issue campaign and spend £2,500 each, they must both report expenditure of £5,000, which is nearly half of the limit of £11,000 in Northern Ireland.

The awful part of the measure is that, significantly, it will become a criminal offence to exceed the spending limit. The charities will not only be stopped from campaigning; they will be criminalised, which must be wrong. I cannot understand how the Government can say that that is not the case.

Other hon. Members have indicated that there will be changes to the Bill in the House of Lords. Let us pray for those changes. If those changes are made before we debate the Bill again in the House, we will have got what we wanted, but it is a pity that the Government cannot acknowledge that point.

Under the Bill, there is a significant possibility that the legitimate campaigning efforts of community and voluntary organisations will be unduly curtailed, and perhaps even criminalised, which undermines the efforts of charitable organisations to advocate for the most disadvantaged in our society. It could also prevent politicians from hearing those voices. Would it not be a terrible tragedy if we the politicians did not hear the voice of the charitable organisations that want us to campaign on their behalf to make life better for our constituents?

The Bill must not unduly impact the vital work of the community and the voluntary circle. I support hon. Members who are trying to do away with clause 27. I ask the Government to realise they are heading the wrong way.

Tom Brake Portrait Tom Brake
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rose—

Baroness Primarolo Portrait The Second Deputy Chairman of Ways and Means (Dawn Primarolo)
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Order. Before I call the Minister, I thank hon. Members for assisting in ensuring that we can hear the Minister reply to the debate before the votes.

Tom Brake Portrait Tom Brake
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Thank you for assisting with that, Ms Primarolo.

I suspect that the plaudits—admittedly some were lukewarm—the Government Front Benchers received for shifting the ground on clause 26 will not be repeated in relation to clause 27. This is perhaps not the occasion to ask the hon. Member for North East Somerset (Jacob Rees-Mogg) to explain how it is that someone who went campaigning with his nanny has become such a fervent critic of the nanny state. We may have to delay that clarification.

--- Later in debate ---
Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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My amendment would not prohibit them from campaigning; it would merely mean that they could not be registered third parties. They would still be able to campaign.

Tom Brake Portrait Tom Brake
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The fact remains that, from a Government perspective, we do not want to be in a position where organisations currently assisting the Government are not able to campaign in election campaigns.

Amendment 66 would amend clause 27 so that it no longer lowers the expenditure threshold that third parties may exceed only after they register with the Electoral Commission. Clause 27 proposes that those registration thresholds be set at £5,000 in England and £2,000 in Scotland, Wales and Northern Ireland. The Government are seeking to do that because we believe in greater transparency. We believe it is important that people understand who is campaigning in the course of election campaigns. It has been said, possibly by the Chair of the Select Committee, that that will have a huge impact on a very large number of charities. The Government’s assessment of how many extra charities will be included as a result of dropping the threshold is 30—just 30 charities would be affected. I accept that potentially 30 charities may be affected, but in practice the overwhelming majority of charities will not be affected.

Graham Allen Portrait Mr Allen
- Hansard - - - Excerpts

The Electoral Commission has dismissed the numbers the Deputy Leader of the House is being forced to read out, and says that they are a gross underestimate, or words to that effect.

Tom Brake Portrait Tom Brake
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We shall wait and see. The Government have assessed it and that is our assessment. I am not being forced to say it is 30. I am comfortable with saying that it is 30. That is what the Government believe to be the case.

Wayne David Portrait Wayne David
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If the objective is transparency, what is the logic in having a reduction to £5,000? Why not £4,000?

--- Later in debate ---
Tom Brake Portrait Tom Brake
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The Government’s view is that we are including a wider range of organisations, but if the hon. Gentleman wants to advocate reducing the threshold to £500 he is welcome to do that, with the additional burdens it would impose on a much larger number of charities.

None Portrait Several hon. Members
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rose—

Tom Brake Portrait Tom Brake
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In the 10 minutes that remain, I need to complete my remarks.

On amendment No. 66, upon registration with the Electoral Commission, third parties become entitled to incur controlled expenditure up to a higher limit and will have to comply with other regulatory requirements. The Bill lowers the thresholds in order to identify greater numbers of third parties that campaign in the political process. It is right to distinguish which organisations incur expenditure campaigning at elections and to ensure that their funds are fully accounted for. Reducing the registration thresholds, as proposed by the Bill, does not preclude third parties from campaigning. This is a point that, I am afraid, a number of Members have made: that a requirement simply to register will stop organisations campaigning. That is not so. The requirement to register will mean that the expenditure that they can incur is controlled. In the light of that, I hope that the hon. Member for Caerphilly (Wayne David) will withdraw the amendment.

Amendment No. 165 proposes that until the Electoral Commission has undertaken an assessment of the impact of clause 27 on political parties and on third parties and that report is laid before Parliament, the provisions of clause 27 may not come into effect. I have been asked why we have settled on the cap. Clause 27 amends the third party limits for controlled expenditure. These limits would be the equivalent of 2% of the maximum campaign expenditure limit for political parties. For third party campaigning across the UK, this would be £390,000. As hon. Members will be aware, currently the level at which it is set does not cover or catch any of the third party organisations.

Setting a cap at £390,000 would, as I stated earlier, capture two organisations that currently spend slightly above that cap. We think that that would, first, provide equality of arms in relation to the examples to which the Chair of the Select committee referred—the League Against Cruel Sports and the Countryside Alliance. It would ensure that one organisation campaigning in favour of something could not be heavily outgunned financially by another campaigning on the opposite side of the argument.

If at the next general election, the threshold were set where it is currently and the 30 organisations that registered all spent at their current limit—the £1 million, or just under, that they are allowed to spend nationally—they would have been able to outspend, very heavily, each of the political parties. Our view is that election campaigns are about political parties fighting and setting out their stalls, with, of course, third party organisations campaigning as well, but it should in principle be a battle between political parties.

Clause 27 also lowers the expenditure thresholds at which the third parties must register with the Electoral Commission: the thresholds are set at £5,000 in England and £2,000 in Scotland, Wales and Northern Ireland. As I stated, the Government’s assessment is that that would affect a total of 30 additional non-party organisations, not charities, as I stated earlier. Thirty additional non-party organisations might be caught by the lower threshold. The Government have already published an impact assessment on the provisions of the Bill, which considers the impact of the lowered registration threshold. It assessed that only a small number of third parties would be required to register and become subject to the regulatory framework. This will not create new administrative burdens for already registered third parties but, as I stated, may affect 30 additional non-party organisations.

The impact assessment also considered the impact of the lower spending limits. At the last general election, the largest 10% of third parties spent more than the remaining 90% put together. As I stated, only two organisations spent more than the new lowered limits that the Bill proposes. That demonstrates that the current spending limit is so high as to be ineffectual.

The Chair of the Political and Constitutional Reform Committee listed a range of organisations that he said gave evidence to his Committee. I asked him whether any of them had told him in their evidence that the Government’s proposed cap of £390,000 would affect their ability to campaign politically during the next general election, and he did not respond. I suspect that he did not respond because none of them intended to spend that much. [Interruption.] I am happy to give way to the hon. Gentleman if he is about to tell me which of those organisations said they would spend above £390,000.

Graham Allen Portrait Mr Allen
- Hansard - - - Excerpts

I am surprised that the Deputy Leader of the House wants to abdicate the role that Her Majesty’s Government have given to him, but I will make it clear again. The Political and Constitutional Reform Committee will pick up his remit, if he cannot do it himself. If the Government give us the time to do our pre-legislative scrutiny—time that we asked for—instead of putting a Bill before the House one day before the recess and taking Second Reading one day after, we will do that job and many others.

Tom Brake Portrait Tom Brake
- Hansard - -

Having given the Chair of the Political and Constitutional Reform Committee a second opportunity to state which organisations would be affected, I am afraid to say that he is unable to do so. I regret that. The impact assessment has been carefully prepared. Requiring the Electoral Commission to undertake another assessment is unnecessary, particularly if it would prevent a key provision of the Bill from being enacted before then. I therefore urge the hon. Gentleman not to press his amendment.

Concerns have been expressed about the cap in the Bill. We have set out why we think a national cap of £390,000 is appropriate. It would have affected only two organisations in the last general election. We have also set out why we believe that lowering the registration threshold to £5,000 would lead to greater transparency. People would be able to get more information about which organisations were campaigning in a general election. I therefore hope that the amendments in this grouping will not be pressed to a vote.

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

Tom Brake Excerpts
Tuesday 3rd September 2013

(10 years, 8 months ago)

Commons Chamber
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Tom Brake Portrait The Deputy Leader of the House of Commons (Tom Brake)
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We have had a lengthy and impassioned debate, and I am grateful to all Members for their contributions. I am afraid that in the nine or so minutes that are left I will not be able to address all the points that have been made.

First, let me remind Members of what this Bill is intended to achieve. It will push this Government’s culture of openness and transparency further by creating a statutory register of lobbyists, which the Government promised to do in the coalition programme. It will ensure that third parties that campaign at elections do so openly and within a fair regulatory framework. It will provide assurance that trade unions, as increasingly large and diverse membership organisations, know who their members are and can engage effectively with them. Those are all reasonable and valuable changes to our political system.

Let me now address some comments, concerns and myths. The Bill is not about closing down charities’ ability to influence policy, as many Members claimed. I want to put on record the following so that it is clear to Labour Members, because I think there is some confusion. At present, a charity can undertake non-party political activity where its trustees can show that it supports the charity’s purposes and will be an effective use of the charity’s resources. Charity law prohibits charities from engaging in party politics, from party political campaigning, from supporting political candidates, or from undertaking political activity unrelated to the charity’s purpose. Charities, and indeed all other organisations, currently need to register as third parties only if they are spending money on campaigning to procure or promote the electoral success of a party or candidates. That test will remain under the Bill.

As under the current provisions, charities can still give support to specific policies advocated by political parties if that would help to achieve their charitable purposes. Provided that charities continue to campaign as they currently do, maintaining their political neutrality and independence, expenditure incurred by them is unlikely to come within the definition of “controlled expenditure”. It does not now and it will not under our proposals. Of course, the Government have on a number of occasions expressed a willingness to work with charities to ensure that this is clear, and if more guidance is needed, we will certainly ensure that it is in place.

Before dealing with the myths, I want to touch on scientific theories. Today we have had a very significant scientific theory proven—that there are parallel universes. Labour Members are debating a Bill that will gag charities and destroy trade unions; we are building on the transparency already created by this Government in relation to Ministers reporting their meetings by establishing a register of consultant lobbyists, by reducing the risk of super-PACs, or political action committees, and by ensuring that trade unions have up-to-date membership lists.

I have never heard as many myths as enthusiastically mouthed and endorsed with so little evidence as I have by Labour Members today. The shadow Leader of the House spoke for 44 minutes during which she made no reference to her own party’s policy. We had high-octane rhetoric that was very low in calorific value. She talked about furious displacement activity—reference, presumably, to what happened in the 13 years of Labour Government, when there was furious displacement activity on lobbying but no lobbying legislation. This Government are now acting on that. I wonder whether the hon. Lady feels any embarrassment about her wildly inaccurate allegations about what the Bill will or will not do. I am not sure whether she is doing that because she has not actually read the Bill or because she has misunderstood it. I will give her a couple of examples.

There were a few interventions, one of which alleged that, under this Bill, Make Poverty History would not have happened. That is simply not true. As the hon. Member for Cardiff South and Penarth (Stephen Doughty) will know, in 2005 that campaign did not register as a third party campaign, because it conducted its campaigning in the appropriate way as a charity. That will continue under this Bill. Another intervention was on whether the Bill would impact on the Scottish referendum. The shadow Leader of the House indicated that she believes it would have had an impact on Make Poverty History and that it will have an impact on the Scottish referendum, but neither of those cases is relevant to the Bill.

Fiona O'Donnell Portrait Fiona O’Donnell
- Hansard - - - Excerpts

If the Deputy Leader of the House is right that there is nothing for charities to fear from the Bill, why are they and the Electoral Commission all so concerned? Is it simply a case of the same old Government excuse of bad communication?

Tom Brake Portrait Tom Brake
- Hansard - -

Clearly, the Electoral Commission has expressed concerns and when the Bill goes through its Committee stage, I am absolutely certain that further clarity will be provided and the commission will be in a better position to provide the guidance it is required to give in order to ensure that charities understand the basis on which we are proceeding.

Bob Stewart Portrait Bob Stewart
- Hansard - - - Excerpts

As I understand it, on 18 July the Leader of the House gave a timetable for this Bill and there was no objection to it.

Tom Brake Portrait Tom Brake
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I thank my hon. Friend for that intervention.

Simon Hughes Portrait Simon Hughes (Bermondsey and Old Southwark) (LD)
- Hansard - - - Excerpts

Some of us are very pleased that the Government are introducing a Bill to deal with transparency of lobbying, which the previous Government never did. There has been an enormous amount of hype and overstatement, but perhaps some improvements could be and need to be made. May I have a clear undertaking that next week’s Committee stage will be open to amendments from across the House, including from relevant Select Committees with an interest in and knowledge of the subject?

Tom Brake Portrait Tom Brake
- Hansard - -

I thank my right hon. Friend for that intervention. Clearly, the Government have stated on a number of occasions that we are very keen to work with charities, non-governmental organisations and, indeed, Select Committees to ensure that their views are taken into account. That is very much our intention. We also want to ensure that the issue of parliamentarians and the role we play will be clarified very clearly in relation to this Bill.

Graham Allen Portrait Mr Allen
- Hansard - - - Excerpts

Will the Deputy Leader of the House give way?

Tom Brake Portrait Tom Brake
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I am very happy to give way to the Chair of the Political and Constitutional Reform Committee.

Graham Allen Portrait Mr Allen
- Hansard - - - Excerpts

A series of scandals led the Prime Minister to say that lobbying would be the next big crisis for the British political system and to the inclusion in the coalition agreement of a provision to regulate lobbying. Would this Bill attack any of those cases? Is it in any way relevant to the public concern about lobbying?

Tom Brake Portrait Tom Brake
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As the hon. Gentleman will know—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. The right hon. Gentleman must be heard; let us hear him.

Tom Brake Portrait Tom Brake
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As the hon. Gentleman will know, the MPs’ code of conduct covers some of the misdemeanours to which he refers. What we are doing in relation to lobbying is specifically about third party lobbyists.

In conclusion, I reiterate that the Bill is about transparency, openness and fairness. I wanted to spend the limited time available allaying unfounded fears and addressing some of the myths that have been brandished across this Chamber in the past few hours. I wanted to be clear about what this Bill is intended to do and why the Government are doing it. It is not an attack on freedoms and democracy. The very opposite is true, and I commend the Bill to the House.

Question put, That the amendment be made.

Political and Constitutional Reform Committee: Wright Reforms

Tom Brake Excerpts
Thursday 18th July 2013

(10 years, 9 months ago)

Commons Chamber
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Graham Allen Portrait Mr Allen
- Hansard - - - Excerpts

I will gladly give way again to my hon. Friend, who I know wants to make a point about e-petitions. She raises a serious point about the representation of minority parties, which is in a sense an unwitting casualty of the way we decided to elect members to Select Committees. That should be put right, and, to do that, the report makes certain recommendations. One possibility would be a reserve place that the Speaker could nominate to remedy any obvious injustice, but there are many other possibilities. If MPs were allowed to get on with it, we could deal with it ourselves, without the Government, whom after all we are meant to scrutinise, telling us how to do it. Parliament is perfectly capable of resolving the issues she raises.

Tom Brake Portrait The Deputy Leader of the House of Commons (Tom Brake)
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I welcome the report’s publication and thank the hon. Gentleman for pursuing these matters so assiduously. Wright urged major change, much of which we have delivered; indeed, the hon. Gentleman has already referred to things such as the Backbench Business Committee, pre-legislative scrutiny and more time on Report. I suspect that the unfinished business that he is about to come on to is the House Business Committee, and I can assure him that there is not a closed door on that. We have put forward certain tests, however, that I hope he will respond to positively before pursuing the matter further.

Graham Allen Portrait Mr Allen
- Hansard - - - Excerpts

We are always grateful for any crumbs handed to us from the Executive and we are extremely grateful for those things gifted to us, even if—I must say—they have come after extensive struggle, campaigning and organising over many years. I am grateful that some of these minor things have been proposed, but we need to do far more for ourselves, without the benefit of the assistance of the Government. The work of my hon. Friend the Member for North East Derbyshire on the Backbench Business Committee proves, if it need be proved, that we are perfectly capable of running more of our own affairs.

I will come on to the House Business Committee shortly, but I am genuinely grateful to the Deputy Leader of the House of Commons for saying that the door is open. We will continue to press and push gently at the door and provide him with a road map that will not frighten the horses but will give MPs some say over the rest of their agenda.

There remain areas where we could help the Backbench Business Committee even more. Timetabling Back-Bench business on Thursdays, as often happens, lowers its status. Much, if not all, of that business could, and should, be taken at a time when the House is better attended. When the Front Benchers have had their spotlight, they have little interest in keeping Parliament well attended. We got a pager message yesterday telling us we were on a one-line Whip, which basically meant, “You can clear off, if you want to”, rather than listen to a Select Chair introduce an important report on local government and to other important issues that do not get the attention they should.

In this respect, despite Wright, the House remains subordinate to the Government. In that, we do not acquiesce; the fundamental principle remains that all time in here should be regarded as the House’s time. We believe that the present procedure for setting the agenda for most of the House’s business, which is not under the auspices of the Backbench Business Committee, is inadequate and disrespectful to Parliament, remaining in clear violation of the principles in the Wright report. The need for reform is obvious and urgent, so we remake—not make for the first time—the case for a House Business Committee, which has been accepted and signed up to by the Government. I shall quote the coalition agreement.

Summer Adjournment

Tom Brake Excerpts
Thursday 18th July 2013

(10 years, 9 months ago)

Commons Chamber
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Tom Brake Portrait The Deputy Leader of the House of Commons (Tom Brake)
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Let me start by congratulating all Members who have taken part in this afternoon’s debate. Those who are here in the Chamber are very much the hard-core membership of the House—the aficionados who have not taken advantage of a sunny Thursday, on the final day in Parliament, to depart early to their constituencies.

Normally I have to deliver my response to such debates in the style of the hon. Member for Southend West (Mr Amess)—who is currently not in his place—because of the time available to me, which is usually a short 10 minutes. However, I have a little more time today—although I will not seek to detain the House until 5 o’clock. The hon. Gentleman raised various issues—

Tom Brake Portrait Tom Brake
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My hon. Friend says that the hon. Member for Southend West raised 17 issues. I think I counted 15, but it was certainly about that number, and he did it in his own inimitable fashion.

The hon. Gentleman’s first batch of issues concerned foreign affairs—in particular, Syria, Iran and the Maldives. Let me respond briefly to those. Members will be familiar with the tragic situation in Syria, with 93,000 people dead so far, some 7 million Syrians now in need of humanitarian assistance and 1.7 million having fled to neighbouring countries. The UK is playing a significant role in providing humanitarian aid, with many agencies supporting activities there, providing food and water, and making other contributions. The hon. Gentleman was concerned about the risk of military intervention from the UK or the UK making a military contribution. Clearly no such decision has been taken and, as has been stated many times in the Chamber, Parliament would be engaged before any such decision was put into action, with a vote in the House of Commons.

We have consistently urged, including at ministerial level, all parties to work together to find a solution that would allow for genuinely free, fair and inclusive elections in the Maldives. We are supporting the Commonwealth with its observation of the Maldives presidential elections, so we certainly hope to see substantial improvements in that country, including in human rights.

The hon. Gentleman also referred to Iran. We are all hoping that the recent change in leadership there will lead to a more positive relationship with the UK, and I hope that we as a Government can contribute to that.

The hon. Gentleman referred to obesity, a matter that was also raised by the right hon. Member for Leicester East (Keith Vaz). The Government are aware that this is a critical health issue, and our call to action on obesity sets out our approach and the role of key partners. The national ambition is a downward trend in the number of people with excess weight, and many partners will contribute to that. The change for life programme, the national child measurement programme and NHS health checks should all make a contribution.

Keith Vaz Portrait Keith Vaz
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I thank the right hon. Gentleman for agreeing to look into this matter, and I am pleased that the Government take it so seriously. I know that, as Deputy Leader of the House, he spends a lot of his time in the House. During the recess, will he undertake to look into the fridges and look at the offerings that are made in our restaurants, to ensure that they do not contain the sugary fizzy drinks that lead to obesity? We in this House have a responsibility in that regard, and the right hon. Gentleman has a responsibility as the Deputy Leader of the House to ensure that those offerings are all good and proper, and appropriate for our diets.

Tom Brake Portrait Tom Brake
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I thank the right hon. Gentleman for that. I am certainly willing to take up the challenge that he has thrown down to me. We should certainly be able to do as he asks. A few months ago, I visited a school in my constituency, Wandle Valley school. It has emptied its vending machines and replenished them with products that are much healthier. If that school can do it, I am sure that we can do it in this place as well.

The hon. Member for Southend West expressed his concern about the progress of the Chilcot and Leveson inquiries. Clearly they are both dealing with complex issues. He will be aware of the action taken in relation to Leveson. A submission from the press is before the Privy Council, and the Government will be submitting our own submission once that has been considered. We want this matter to make progress. Sir John Chilcot made it clear as recently as this week that his inquiry is determined to complete its task and publish its report as soon as possible. That matter certainly has not been forgotten.

The hon. Member for Southend West referred to space exploration. Had he been in his place, I might have asked him to intervene at this point to list the people he would like to send into space, never to return—[Interruption.] Yes, perhaps he has already departed in that direction himself. He also referred to bungee jumping; I have nothing to say about that. I have never done it myself, and I have no intention of doing it. He mentioned the important work of a company called Coloplast, and talked about bowel independence day, which I hope was successful in giving a higher profile to an issue that people are sometimes reluctant to talk about. He also talked about Monitor, and asked whether it had had played as effective a role as it possibly could. I am sure that when those in the Department of Health read Hansard, they will note his concerns about that.

The hon. Gentleman wanted a monorail. Well, good luck with that! He also wanted representatives of the Treasury to meet the Essex bowling club to help it with its tax affairs. He has put that request on record, and I have now repeated it, so I am sure that the Treasury will consider it carefully. He finished on a point about Southend regrettably having failed in its bid to become the city of culture. He suggested that Unite might have rigged the ballot. I cannot comment on that, but perhaps someone on the Opposition Benches might like to do so.

Keith Vaz Portrait Keith Vaz
- Hansard - - - Excerpts

Just before the shortlisting, the hon. Member for Southend West, who is a good friend of mine, made some very disparaging comments about Leicester. The fact is that Southend did not make it on to the shortlist, but Leicester did. I challenged him to go on to Southend pier and do a Gangnam-style dance in competition with Leicester, but he chickened out and refused to do so. Unless he is there now, of course.

--- Later in debate ---
Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Deputy Leader of the House—answer that!

Tom Brake Portrait Tom Brake
- Hansard - -

I wish I had not allowed that intervention, as I am short of a suitable riposte.

The hon. Member for Southend West said that Southend would provide an alternative city of culture in 2017. We will have to see what that culture amounts to, and we look forward to hearing some reports about that.

The hon. Member for Coventry South (Mr Jim Cunningham), who is no longer in his place, and the hon. Member for Harrow West (Mr Gareth Thomas) referred to Coventry City football club. They will be aware that Department for Culture, Media and Sport questions are scheduled for the Thursday when the House returns, so that will be the earliest opportunity for them to raise the matter. Football governance has come up repeatedly in this place, and I have heard requests for the Backbench Business Committee to consider it. The hon. Member for Coventry South wanted everyone to get round a table to discuss it, and I and others would certainly be in favour of such discussions. I will draw this exchange to the attention of the Minister for Sport as requested, and I agree that football clubs are more than just a business, as they support local communities. The clubs will receive greater support from local communities if those communities are heavily engaged in what the clubs do. The hon. Member for Harrow West wanted supporters to have a greater voice through supporters’ trusts and he made a request—the Minister for Sport will see it in Hansard—for 5% of the Football Association’s funds to go to grass-roots sport.

My hon. Friend the Member for Hornchurch and Upminster (Dame Angela Watkinson) talked sensibly about the London borough of Havering and its public library service. She praised Councillor Andrew Curtin for the role he is playing, and I think we would all echo what she said about the essential role that libraries play in developing children’s interest in reading and their culture. She referred to a read and rhyme scheme for improving, among other things, listening skills. Perhaps she could bring that to the House at some point, because listening skills could be developed further in the Chamber. We would all support my hon. Friend in what she said about the importance of reading. The second issue she raised was about the activities of Stubbers outdoor leisure centre and its important role in building young people’s skills and experiences, which they might not otherwise have, helping them to overcome their difficulties. She highlighted the importance of the National Citizen Service, and I hope that all Members will have played their part in promoting this valuable scheme.

My parliamentary neighbour, the hon. Member for Mitcham and Morden (Siobhain McDonagh), referred to an unfortunate series of failures in communication and a real lack of competence in the police’s handling of the case of George Shaw and Paula Davidson. She made some understandable requests for the police to talk to her constituents about their experience and to explain to them why they did not get the support they needed to bring about closure in what was clearly a very serious case. Currently, they have not had closure because of the failure to produce the pertinent evidence.

The hon. Member for Rugby (Mark Pawsey) referred, as he has previously in these debates, to electronic or e-cigarettes and the difficulties they have created for a company in his constituency. He expressed his concern that the regulatory aspect might discourage people from taking up something that could make a contribution to health. I am sure that the Department of Health will have listened carefully to what he said. However, I hope he would also acknowledge that there are issues such as the ability of such products to deliver a consistent dose. There is clearly a need for regulation, but I think that what concerns him is how that should be done.

The hon. Member for Lewisham East (Heidi Alexander) said that 20 people had written to her about the European Union referendum and 50,000 had been in touch with her about Lewisham hospital.

Jason McCartney Portrait Jason McCartney
- Hansard - - - Excerpts

That was all due to 38 Degrees.

Tom Brake Portrait Tom Brake
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I must say that when I ask people in my constituency what issues concern them most, health is often the number one issue, and Europe features rather low on the list of priorities. The main issues seem to be health and jobs.

Heidi Alexander Portrait Heidi Alexander
- Hansard - - - Excerpts

One of the right hon. Gentleman’s Back-Bench colleagues has just suggested that the fact that 50,000 people signed my petition about Lewisham hospital was all to do with 38 Degrees. I can assure him that that was not the case. In fact, hundreds of people were in Lewisham town centre collecting signatures.

Tom Brake Portrait Tom Brake
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The hon. Lady has put her clarification on record.

I heard Members behind me expressing surprise that Europe was not a big issue. I can only say that consistently, year after year, when I ask people what issue is most important to them, they reply that it is health, education or law and order. It is not Europe. I think we had better leave it at that.

As the hon. Lady will know, the European Union (Referendum) Bill is currently being debated, and will return to the House in September. I do not know whether she is a member of the Bill Committee, or indeed whether she would wish to be a member of it, given that its sittings seem to be finishing quite late and may continue to do so. She said that there was scope for reform of the European Union, and I accept that. I think there is agreement among Members on both sides of the House that the EU can and should be reformed. The justice and home affairs opt-outs, for instance, are part of the process. That reform may well deliver some changes which I think would be supported by Members in all parts of the House.

William Cash Portrait Mr William Cash (Stone) (Con)
- Hansard - - - Excerpts

Let me point out to the Deputy Leader of the House—who represents a constituency where my family lived for the best part of 100 years—that his assertion that Europe is not much of a priority in the minds of the electorate is completely at odds with the findings of all the opinion polls over a number of years. He might like to look at the report of a Westminster Hall debate entitled “National Parliaments and the EU”, which was initiated by the hon. Member for Birmingham, Edgbaston (Ms Stuart) the day before yesterday, and in which I took part. I think that all the questions to which he ought to be referring now are contained in the speeches that she and I gave.

Tom Brake Portrait Tom Brake
- Hansard - -

I do not know whether my hon. Friend’s family were resident in my constituency 100 years ago, but things may have changed in the last 100 years. All that I can reflect today is the feedback that I receive regularly from my constituents—and I should add that I am the only one who has that information. No one else here has it.

On the European Union, let me finally say that one of the risks of being outside it—I think that this is Norway’s experience—is that a country will end up paying much more than it would pay if it were inside.

My hon. Friend the Member for Colchester (Sir Bob Russell) made one of a number of suggestions that have been made today about holiday reading for Members. He recommended “You Can’t Hide the Sun”, by John McCarthy, and he spoke of what is happening to the Bedouins. He has tabled an early-day motion on the subject, and he is not alone: I believe that 21 Members signed it. There is clearly an acknowledgement in this place, at least, that it is a significant issue. I certainly agree with him that both the Israeli and US Governments have a significant responsibility for sorting out the situation there. I am pleased, therefore, that John Kerry has won Arab League support for his initiative to try to restart the Israeli-Palestinian peace talks, and if they do restart I hope the Bedouin issue will come up. We need to see urgent steps to ensure that a two-state solution is introduced there. I am sure the Foreign and Commonwealth Office will look very carefully at my hon. Friend’s strong words on this subject when Hansard is published.

The right hon. Member for Rother Valley (Mr Barron) put on record his concerns about a failure to respond to his correspondence. I will ensure that is communicated to the Prime Minister’s office, and I hope a response to his letter is forthcoming. He talked about the NHS and alcohol, too. I hope he will acknowledge that the NHS budget is one of the budgets that has been safeguarded when many others have not. On alcohol, I think it is fair to say that a lot has been achieved through the public health responsibility deal, and it is worth pointing out that binge drinking is reducing, rather than increasing, which is also a positive trend.

My hon. Friend the Member for Congleton (Fiona Bruce) described a terrible experience a North Korean student working with her at present had in North Korea. He is subsequently leaving that country. Her contribution highlighted the fact that often the issues of asylum and immigration get mixed up and we lose sight of the fact that the UK has a very important role to play in providing asylum for genuine cases of the type she described.

My hon. Friend referred to Lord Alton’s book. I happen to have a book called “Escape from Camp 14” by my bedside at the moment. I understand it is also about Korea, and although it is not exactly light holiday reading I intend to read it over the summer break.

My hon. Friend also gave some useful concrete examples of how UK citizens can help directly in North Korea. She gave the soft examples of making a financial or business contribution as a way of trying to open up a society that is still very closed. Finally, what she said about the desire of North Koreans to have access to information reminded me of the meetings I had about 30 years ago when I was in Czechoslovakia—as it then was—and met up with Hungarians. The Czechs were too scared to talk to westerners, but the Hungarians were a bit braver, and one of the things they said was how important it was that they could get news that was real news. They did not want to get their news through a filter that filtered out what was genuinely happening. That is clearly what is happening in North Korea, and the UK remains extremely concerned about reports of widespread and continued systematic human rights violations there. My hon. Friend will be aware that the UN has commissioned an inquiry to investigate human rights abuses, and we encourage the North Korean Government to co-operate fully with it and to engage with that process. My hon. Friend referred to the launch of a campaign on 27 July that will be about raising the profile of the situation in North Korea and trying to achieve there what was achieved through the Burmese campaign.

My right hon. Friend the Member for Tonbridge and Malling (Sir John Stanley) went into some detail about a constituent of his, Ms Chung, and he has put down a very detailed request that I am sure the Home Office will want to respond to. I welcome the fact that the Chair of the Select Committee on Home Affairs, the right hon. Member for Leicester East, has also indicated that he will follow that matter up immediately, and I therefore hope my right hon. Friend will get a swift response on the issue of the passport, the fact that his correspondence has not been responded to and the request that the Home Office look at having a fast-track procedure. He will be aware that one of the reasons the changes were made to the UKBA was to ensure a separation between its role in processing the customer-focused part of the work it does from the enforcement part, to try to achieve what he was trying to achieve for business people.

The Chairman of the Home Affairs Committee, the right hon. Member for Leicester East, focused on obesity and diabetes, as I mentioned earlier. He is a recognised campaigner on the issue in this House and referred to some of the statistics that highlight why we should take the matter seriously. As 10% of the NHS budget is spent on addressing the issue and 80% of cases are preventable, there is a clear win for the health service if we can focus on that. He referred to the responsibility deal and clearly felt that it was a mixed blessing—or at least that it was not delivering in the way he would like and that the substance behind it had not materialised. We all, as a Government, as Members of Parliament and as members of the wider public, need to do our bit to ensure that the 536 organisations that he referred to as having signed up to it are doing what they volunteered to do and to draw attention to them if they have not.

The right hon. Gentleman might like to know that I visited Greenshaw secondary school, in the constituency of my right hon. Friend the Member for Sutton and Cheam (Paul Burstow), which has recently changed the catering contract and appointed a new chef. The new chef is cooking everything fresh in the school and there has been a huge uptake in school meals as a result. I visited and the queues were phenomenal, as a lot of the children chose to stay in school to have their meals as opposed to taking packed lunches or leaving school. Things can be done in schools, even within the same budget, if they are willing to be imaginative. The right hon. Gentleman has mentioned the matter in relation to diabetes in the House before, in the debate on 24 April 2013.

The hon. Member for Colne Valley (Jason McCartney) mentioned the distressing case in Meltham involving a postman, Jason Lee, and we will all want to join the hon. Gentleman in wishing him a full recovery. The hon. Gentleman and all Members will know that the CWU has done a lot of work on the issue. It is not only postal workers—I suspect that we have all been out delivering leaflets fairly recently and have faced the same sort of risks trying to push our respective party literature through doors in our constituencies. It clearly is a real issue and we have probably all experienced individual cases similar to the one he described.

The hon. Member for Tiverton and Honiton (Neil Parish) intervened to suggest that the hon. Member for Colne Valley was trying to compete with the hon. Member for Southend West in listing constituents who had achieved notable things, but the hon. Member for Colne Valley praised volunteers, which is something we cannot do enough in this place. I want to take the opportunity to praise OGRES—the Onslow Gardens residents association—which I visited yesterday. It is a volunteer organisation like any other, and is campaigning against a large McDonald’s that it does not want to see built on Stafford road. The hon. Gentleman mentioned 4th Golcar Scouts and the effective work they have done in signing up lots of adult volunteers to help them expand the work they can do.

The hon. Gentleman talked about the Tour de France—which, it seems, might be slightly lost if it is going through his village, or to have gone slightly off-piste—and it will clearly be a fantastic event for Yorkshire and the UK. We will all cherish the occasion, particularly if we manage to win it again.

Of course, we had a debate yesterday about MPs and second jobs. It is clear that the hon. Gentleman has not just a second, but a third, fourth, fifth and sixth job, but they are all volunteer jobs, so if the motion had been agreed to, he would not have been banned from undertaking them.

The hon. Member for Tiverton and Honiton, the last speaker in the debate, mentioned the fatalities on the A35 and the discussions he has had with the Department for Transport and the Highways Agency about Hunter’s Lodge junction. He has used this opportunity, rightly, to raise the issue’s profile. He talked about health funding for primary care. It is an interesting fact that the age profile of residents of Axminster and Honiton is what we are expecting the national age profile to be by 2035, so we probably have quite a lot to learn from those towns’ experiences, in terms of types and costs of services. He made a request for a new school; I am sure that the Department for Education will have listened carefully to that request, and will respond to it. He also asked the Department for Environment, Food and Rural Affairs to consider carefully issues to do with environmental schemes and payments to farmers. I am sure that it has listened carefully to his contribution.

We have come to the end of this debate. I have had slightly more time to wrap up than I am used to, so I will take a few minutes to thank you, Mr Speaker, for keeping us on a fairly tight leash this Session; the staff of the House for helping us to ensure that this place runs smoothly; and the staff in the Office of the Leader of the House of Commons for supporting me and the Leader of the House in our roles. I hope that all Members enjoy the recess and come back full of energy in September for the full programme of activities that we will undertake then.

Question put and agreed to.

Resolved,

That this House has considered matters to be raised before the forthcoming adjournment.

Paid Directorships and Consultancies (MPs)

Tom Brake Excerpts
Wednesday 17th July 2013

(10 years, 9 months ago)

Commons Chamber
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Tom Brake Portrait The Deputy Leader of the House of Commons (Tom Brake)
- Hansard - -

This debate has generated much heat and no light. It is difficult to respond to a debate on a motion that contains so little substance, and that has no rationale behind it and nothing to be said for it. As we have heard, the Opposition have no idea what sort of new regulatory framework they want or why we need one.

Let me address some of the specific points raised by hon. Members. The right hon. Member for Greenwich and Woolwich (Mr Raynsford) said that he does not want to restrict proper links between MPs and the outside world. He questioned the rationale behind the Labour motion, and highlighted contradictions in it. I agree with him entirely. My hon. Friend the Member for Bracknell (Dr Lee) highlighted the value of his ongoing involvement in the NHS and the direct benefit that his constituents derive from that. The hon. Member for Derby North (Chris Williamson) said that the motion was clear, although when asked for a definition of the regulatory framework, he was not able to provide one and neither was any other Labour Member.

My hon. Friend the Member for Birmingham, Yardley (John Hemming) highlighted the nonsense of opposing directorships and consultancies, but not opposing partnerships, from which—looking at his entry in the Register of Members’ Financial Interests—he derives a certain not insubstantial income. The hon. Member for Blaydon (Mr Anderson) seemed to suggest that hon. Members having second jobs was depriving young people in his constituency of jobs, which I think was a fallacious argument. I commend him, however, for spotting the flaw in Labour’s motion, because it does not do what he wants. He wanted all second jobs to be addressed, but that is not what the motion does.

My hon. Friend the Member for South Swindon (Mr Buckland) sits as a part-time judge, and I noticed in the Register of Members’ Financial Interests that the days he did so were days on which the House was in recess. Having spent time with him on Bill Committees, I know he brings his experience to bear and makes a substantial contribution to the debates as a result.

I was going to apologise to the hon. Member for Newport West (Paul Flynn) for having reduced his income after I was forced to suspend him from the House some months ago, but I then realised that he was plugging his own book in the debate and I felt less sorry for him. Presumably, the production of that book took him away from spending time on his constituents’ business.

My hon. Friend the Member for Morecambe and Lunesdale (David Morris) rightly drew attention to the deeply flawed nature of the Opposition motion, and asked whether the Opposition oppose second jobs, earning extra money or having a conflict of interest, because it is not clear. The hon. Member for North West Durham (Pat Glass) also ducked the question of why the motion applies only to directorships and consultancies, and went on to call for a cap on earnings, which is not in the motion.

The hon. Member for Wrexham (Ian Lucas) said that no one should secure access to an MP by paying them, and I thought he was about to refer to Unite. I am sorry to learn that his unique experience did not secure him a lengthy stay in a ministerial post, and I hazard to suggest that he is safe from the approaches of companies wishing him to sit on their boards.

Finally, the hon. Member for Barnsley East (Michael Dugher) said in summing up that he is committed to regulating second jobs. Again, he did not provide any clarity on which second jobs. Why are some acceptable but others not? He also asked why the Government had not tabled an amendment, but it is not our business to table amendments to a deeply flawed motion. It is up to him and the Opposition to ensure that the motion they present is fit for purpose. Clearly it was not, and his class-war speech was very much inspired by his union puppet masters.

In conclusion, the House will have noticed the contrast in approaches. It could not be clearer. Instead of leading a serious debate on a concrete proposal, the Opposition have gone for grandstanding and spreading slurry indiscriminately, referring to the perception of a problem while denying that there is a problem. They are calling for regulation of second jobs, but from today’s evidence I would say that we need better regulation of the day job to stop Opposition spokesmen requiring the House to waste its time considering feeble and confused motions such as this one. The Government, on the other hand, are committed to promoting transparency, both in Members’ relations with the public and in the political system as a whole. We want to shine a light on this place and let the people make their choice. I urge the House to reject the motion.

Question put.

Wright Committee

Tom Brake Excerpts
Tuesday 2nd July 2013

(10 years, 10 months ago)

Westminster Hall
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Michael Meacher Portrait Mr Michael Meacher (Oldham West and Royton) (Lab)
- Hansard - - - Excerpts

I congratulate my hon. Friend the Member for Nottingham North (Mr Allen) on securing the debate and on his fine, principled and even visionary statement about how the House could and should operate. I do not think that there is anyone in the House with a longer or more robust record of wishing to see reform to parliamentary procedure, so it is a great pleasure to follow him.

On the key question of the House business committee, which is central to the debate, and to which my hon. Friend and the hon. Member for Wellingborough (Mr Bone) referred, the Government made it absolutely clear in their coalition agreement that such a committee would be introduced within three years—in other words by May this year, which is now two months ago. It is by far the most important of the Wright Committee reforms that have not been implemented so far.

One normally gets only two chances a year to ask a question to the Prime Minister, but I was called at the beginning of the year to ask him about progress on the business committee. The Prime Minister said that the matter was very firmly under consideration, so we would like to know from the Deputy Leader of the House why, after three years, these considerations are continuing to go on endlessly.

The purpose of the House business committee, as proposed by the Wright Committee, was, as my hon. Friend the Member for Nottingham North said so eloquently, to enable the House to gain control of its own agenda. At present, the Executive, under Standing Order No. 14, overwhelmingly control the use of parliamentary time, even following the creation of the excellent Backbench Business Committee. The Executive not only decide what business is put before the House, but the scheduling of that business.

The Wright Committee’s proposal was that the House agenda should be determined not unilaterally by Ministers, but rather by the House itself, working in collaboration with Ministers. Ministers would still have adequate time to carry through their own business—no one is challenging that—but the rest of the business should be not a matter for the Executive alone, but for the House as a whole.

The main reform recommended by Wright for that purpose was that the House as a whole should be able to vote on the agenda for the next week or weeks, rather than, as we all know is the case at present, the agenda being delivered to the House ex cathedra by the Leader of the House, although sometimes, of course, that is after prior consultation with the Opposition through the usual channels. I repeat again, because this must not be used as an argument against change, that that process would in no way prevent the Government—indeed, this could be written into the Standing Orders if necessary—from being able to bring forward all their business for proper debate and a vote on the Floor of the House, and within an agreed time scale, so there would be no threat to the Government at all. Instead, the aim was to ensure that the remainder of parliamentary business was managed in a way that required the consent of the House and that was not manipulated in a manner designed to suit the interests of the Executive.

At present, as has been said, Backbench Business Committee debates are invariably shunted to Thursdays. I am very glad that the Chair of the Committee, my hon. Friend the Member for North East Derbyshire (Natascha Engel), is sitting beside me, and it is perfectly true that those Thursday debates are well attended.

Tom Brake Portrait The Deputy Leader of the House of Commons (Tom Brake)
- Hansard - -

The right hon. Gentleman will be aware that 56 Members attended a Thursday debate about cycling.

Michael Meacher Portrait Mr Meacher
- Hansard - - - Excerpts

Yes, but it is also true that when more controversial issues are discussed—although the great advantage of the Backbench Business Committee is that a lot of issues that would never arise in the House, but are of great interest to a significant proportion of the public, are debated—as the last vote is often on Wednesday at 7 pm, those debates are not sufficiently well attended to secure a vote that would properly reflect the balance of the whole House. Of course, many Members depart for other commitments on a Wednesday. That is their choice, even if many of us think that they should not do so, but the temptation to do so, because of the organisation of the agenda, is considerable.

Private Member’s Bills are largely marginalised because they are confined to Fridays, when most MPs are in their constituencies, and there is a high voting bar to secure Second Reading. Such Bills are also subject to severe time constraints, and they can be readily squeezed out due to filibustering on prior Bills taken the same day.

The Report stage of Bills is crucial, but it is often a caricature of scrutiny: inadequate time is allotted to consider extremely important issues; many Members—I will return to this point—are not properly informed about what they are voting on; and many significant amendments are simply not reached at all. Equally, Lords amendments, which generally focus on issues that are not only the most controversial, but the most important, are frequently not given the time and consideration that they clearly deserve. Given the time pressure, less important business is often given a measure of priority that could be challenged.

All those drawbacks and deficiencies could begin to be redressed by the principle of a votable agenda. I repeat that the Government would still command a majority in the House, but they would have to listen much more carefully to the strongly held views of Members, particularly when there was a consensus between the Opposition and Government Back Benchers. Crucially, it would introduce transparency into setting the agenda, which could involve all Members, not simply Front Benchers engaged in discussions through the usual channels behind the scenes.

The Wright Committee envisaged that the votable agenda motion would supersede Thursday’s business questions, and that it would be subject to debate and amendment, with the Speaker having the right to select and group amendments as happens now with other business. If an amendment was selected, it could be debated for up to 45 minutes, with time-limited speeches of perhaps five minutes. If no amendment was tabled, there could of course still be a question and answer session, which would be similar to what happens now.

Clearly a votable motion could be presented by the Leader of the House and amended via the formalities of open debate on the Floor, followed by a Division. However, the whole process of agreeing the business agenda—agreement is the key point—is likely to be far better negotiated, in a more inclusive and participative manner, if there have been detailed discussions between representatives of both the Executive and the legislature beforehand. Surely all Members must agree that openness is key to achieving better democratic accountability. Regular meetings—perhaps weekly—between both sides, in the forum of a House business committee, are much more likely to secure the outcome that the management of Government business is a genuinely shared process that is not subject to hidden traps that the House discovers only later, at considerable cost, as happens all too often at present. The object of the exercise is not in any way to aggravate the Executive or to contest votes, but to build a consensus. It is about involvement in the actual decision making for the scheduling of Government business, not merely the scrutiny of decisions already taken.

I shall say a quick word about how the House business committee might work, as several questions need to be settled. First, it should not pre-empt, incorporate or supersede in any way the excellent work of the Backbench Business Committee, which has been referred to strongly in the debate. That Committee has an entirely separate function and, by general consent, has fulfilled it extremely well. It has established the right of Back Benchers to debate issues that otherwise might never have been debated, which often does not accord with the wishes of either Front Bench team. That should continue and not become confused with the very separate role of specifically scheduling Government business.

Secondly, if the House business committee is not to be the usual channels writ large, it should not be chaired by either the Government Chief Whip or the Leader of the House. Since the essential characteristic of the chair should be exercising a non-partisan role, the obvious person to chair it would be the Speaker.

Thirdly, the membership of the House business committee—of course, considerable discussion of this issue is needed—should be equally balanced between the legislature and the Executive. In a Committee of 15 members, for example, the Executive could choose its own seven representatives, while the other seven might be composed of, say, three chosen by the Opposition parties and two elected by Back Benchers—in other words, excluding Front Benchers—with two ex-officio members, whom I would suggest could be the Chairs of the Liaison Committee and the Backbench Business Committee.

Fourthly, the secretariat would have to be provided both by the seconded civil servants who work for the Executive and by the Clerks whose broad role is to support Parliament in holding the Executive to account. Any disputes between them would have to be settled by the House business committee itself.

I want to make another key point very quickly. An utterly essential and fundamental way of improving the scrutiny of Government legislation is to ensure that Members have a clear and readily available opportunity to ascertain exactly what they are being asked to vote for when amendments or new clauses are considered in Committee and on Report. At present, especially on Report, Members who have not participated in the Bill’s Committee stage often do not know, or have made little effort to find out, precisely what they are voting for. Many times, when the bell rings and, like everyone else, I troop down the escalator through to the Palace, I turn to whoever is standing beside me, of whichever party, and ask, “By the way, what are we voting for?” Perhaps a third of Members shrug their shoulders. Another third say, “Oh it’s the Social Security Bill,” and when I ask, “Yes, but what exactly are we voting for?” I doubt that more than one or two Members actually know. I am guilty of that too—I am not being holier than anyone else, but that seems to be a huge failing.

This is a matter of great significance because Report is often the only real opportunity—especially if the Minister and Government Whip have kept the Committee stage of a Bill on a tight leash—for the House to modify a Bill. The debates on Report are usually focused on important issues about which the public hold strong views. It is a reasonable assumption that if the public were aware that matters of considerable importance to themselves were treated in such a cavalier fashion by many Members, if not most, and that they vote blind without even knowing what they are voting for, there would be a huge outcry that Parliament was abusing its proper functions.

If a Member is diligent—and some are—it is necessary to obtain a copy of the Bill, a copy of the amendments and, on the day of consideration, a copy of the grouping of amendments selected by the Speaker. Of course, a number of Members with a particular interest will do that but, in most cases, they will be in the minority. In the absence of obtaining the necessary documentation, applying it to understand the point at hand, which is quite difficult, and reaching a considered view—perhaps after taking account of arguments advanced by letter or e-mail from interested individuals or organisations—the default position is for Members to troop in, see on which side their Whips are standing, and just follow them into the Lobby like sheep.

Even if a Member took the trouble to get and read the relevant documents, however, it is often difficult for someone who has not been following a Bill closely to understand precisely what an amendment is designed to do. Some amendments—even important ones—may seem obscure to someone who is not familiar with the underlying arguments behind a Bill, and I think that that is a very serious flaw.

A key proposal to remedy that problem from the Wright Committee and the Parliament First all-party group, which I chair, is that every amendment or new clause tabled by the Government, the Opposition, the smaller parties or individual Back Benchers should have a short statement attached to it of no more than 50 words that explains the measure’s purpose. Those statements would be set out on the amendment paper, and one would appear at the bottom of every amendment.

Let me turn, for one minute, to the objections to that proposal—apart, of course, from those of the Whips, whose control over every aspect of the parliamentary process might begin to be questioned more. The only objection raised, as far as I know, is that while the Government have their civil servants to deal with amendments and to provide explanatory statements, the Opposition do not have the same resources, and adding a requirement for explanatory statements would impose too great a burden. To put it simply, I think that that is utterly untenable. It takes a great deal of time to get to grips with a new Bill, to consult outside experts over all its detailed aspects, to identify areas in which modifications need to be sought and to draft amendments in an acceptable parliamentary form. However, once all that has been done, drafting a short statement that distils the essence of the amendment would take no more than seconds. I hope that explanatory statements, as well as the House business committee, are something that the Government will look on favourably and introduce quickly.

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Tom Brake Portrait The Deputy Leader of the House of Commons (Tom Brake)
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It is a pleasure to serve under your chairmanship, Mr Crausby, and to respond to this timely debate on the implementation of the Wright Committee’s outstanding recommendations.

We are in the third year of this Parliament, which provides an opportunity to reflect on the success of recent reforms and allows time to deliver further reform in this Parliament, where the case for such reform is made. Before addressing the points raised by Members, which relate to the outstanding recommendations, I would like briefly to reflect on what has been delivered, because there is a positive story to tell. The reform Committee made 50 recommendations in its report, and a majority have been implemented in full or require no further action—in other words, those cases where there was a statement of principle, for example. Specific achievements that directly relate to the recommendations include the election of Select Committee Chairs; the election of Deputy Speakers; the ability to debate substantive motions; the provision of Monday afternoons in Westminster Hall for debates on e-petitions, which I hope we are about to renew; the endorsement of September sittings; and, arguably the most important change, the establishment of the Backbench Business Committee.

In addition, I remind Members of the changes we have introduced for the scrutiny of legislation, which a few Members have suggested is wanting in some respects. Some of those changes were made in direct response to recommendations of the reform Committee. They include an increased number of multi-day report stages, so two days on Report is now common for major Bills, although I would not say that it was routine; the increased use of pre-legislative scrutiny, which Members welcome, with 17 sets of measures published in draft last session; and more time for scrutiny: most Public Bill Committees—nearly 80%—in the 2012-13 Session finished early. The changes also include successful pilots on public readings—for example, the Protection of Freedoms Act 2012, Small Charitable Donations Act 2012 and the Children and Families Bill; and successful pilots of explanatory statements on amendments, and I welcome the fact that that will proceed. I wondered whether the Opposition’s initial reluctance was because they were not certain what their amendments were going to do, but given that they are going to support explanatory statements, that is clearly not the case.

Thomas Docherty Portrait Thomas Docherty
- Hansard - - - Excerpts

Our concern was about not only the official Opposition, but individual Members and minority parties, which do not have the resources. We are not as well served as the Deputy Leader of the House is by his excellent civil servants.

Tom Brake Portrait Tom Brake
- Hansard - -

I agree and I understand the point. It was just a cheap jibe, to which the hon. Gentleman responded. The changes also include the use of social media by Select Committees during inquiries and meetings.

Having put on record some of the substantial achievements, I shall respond to some of the points made in our debate. I congratulate the hon. Member for Nottingham North (Mr Allen) on securing the debate. I do not share his rather apocalyptic vision of our parliamentary democracy. He knows that Parliament and the Executive are not separate. I do not believe, as he seems to, that Government are dominating Parliament. The Chair of the Backbench Business Committee, the hon. Member for North East Derbyshire (Natascha Engel), might have been slightly offended by that suggestion, because it is widely recognised that her Committee has grasped a substantial proportion of what was previously Government time and on the back of that initiated a series of important debates, a third of which have taken place on days other than Thursday. They do not always take place on Thursdays, but as she commented, Thursday is a sitting day. Many of us spent many years campaigning to secure our positions in Parliament, so one would expect Members to be willing to work or stay on Thursdays to participate in debates that take place then.

I think the hon. Member for Nottingham North encouraged me to push reform, if not in government then certainly in a future Liberal Democrat manifesto. David Howarth, who is no longer a Member of Parliament, did a good job of pushing that agenda when he was here, and he continues to do so. I am sure we will want to return to this matter in a future manifesto. We have achieved a substantial amount. The hon. Gentleman threw down the gauntlet to me—as did other Members, including the hon. Member for Wellingborough (Mr Bone) and the right hon. Member for Oldham West and Royton (Mr Meacher)—over the creation of a House business committee, and I will throw down the gauntlet gently in his face, to mix my metaphors. The Government’s position is that if there were a House business committee proposal on the table it would have to pass certain tests, and some Members outlined what those tests should be. The Government should retain control of their legislative programme, and the committee should respect the remit of the Backbench Business Committee; it should take into account the views of all parts of the House; it should retain the flexibility to change the business at short notice in response to fast-moving events; and it should co-ordinate business with the House of Lords, to which I do not think any Member referred. If any Members came forward with such a proposal, I am sure that other Ministers and I would want to look at it carefully.

Graham Allen Portrait Mr Allen
- Hansard - - - Excerpts

I accept all the tests that the Deputy Leader of the House has put on the table. I return the gauntlet unsullied, and with it I will send him the report by the Select Committee on Political and Constitutional Reform, which is under consideration at the moment, within a matter of weeks. Its recommendations meet all the tests and I will be keen to see the reforms move forward, and perhaps even the promise kept.

Tom Brake Portrait Tom Brake
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I thank the hon. Gentleman for gently throwing the gauntlet back at me and I look forward to receiving that report, to which we will give considerable attention on publication. He also referred to the importance of pre-legislative scrutiny and said that it should be central to the business of Government. I agree, but there will always be circumstances in which that is not possible due to timing.

To some extent, the hon. Member for Wellingborough shared the apocalyptic vision of our failing democracy. I am glad that he explained why he had been sleeping with the hon. Member for Dunfermline and West Fife (Thomas Docherty). I welcome the Sunday columnist’s suggestion that the hon. Member for Wellingborough might be a Liberal Democrat plant, campaigning on behalf of the Liberal Democrats within the Conservative party by pushing an agenda that includes restoring the death penalty. I congratulate him on his commitment to raising such issues and on trumping the Government in securing time to highlight things that he wants to address. He referred to the Committee of Selection. The Procedure Committee is looking at elections to that body.

Peter Bone Portrait Mr Bone
- Hansard - - - Excerpts

I am delighted that I can do anything to help the Liberal Democrat party, because it needs help. Is the hon. Member for Dunfermline and West Fife (Thomas Docherty) right? Have the Government dropped the idea of bringing in a House business committee? Why are we still in the third year of the Parliament? I reckon it is the fourth year.

Tom Brake Portrait Tom Brake
- Hansard - -

I thank the hon. Gentleman for that intervention. If he looks at the evidence the Leader of the House gave to the Committee chaired by the hon. Member for Nottingham North, he will see that the Government have accepted that we were unable to deliver the commitment within three years set out in the coalition programme. Part of the explanation for that is that the tests to which I referred, which the hon. Member for Nottingham North says will be met in the report he will soon publish, have not been met by any proposals so far.

The right hon. Member for Oldham West and Royton shared the significant concerns about the House business committee not being delivered. I am sure that he will welcome the fact that explanatory statements will be provided for amendments. I agree that they are essential for Members to understand what is happening in this place. He will also welcome the “Good Law” initiative, which seeks to make laws clearer, so that Members will be able to understand them more easily. I am sorry that the hon. Member for Kettering (Mr Hollobone) was able to make only a short contribution, but I welcome what he said on e-petitions. The Government are willing to look at them and ensure that the House has responsibility for them. E-petitions are under active consideration. I thank the hon. Member for Dunfermline and West Fife for his support—I think—for some proposals that the Government are putting forward.

Lobbying

Tom Brake Excerpts
Tuesday 25th June 2013

(10 years, 10 months ago)

Commons Chamber
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Tom Brake Portrait The Deputy Leader of the House of Commons (Tom Brake)
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I congratulate the hon. Members for Hemsworth (Jon Trickett) and for Harrow West (Mr Thomas) on initiating the debate and on giving the coalition Government an opportunity to set out how we are tackling third-party influence. I am happy to congratulate them, but I must gently chastise them too. Their motion is the most egregious attempt to jump on a bandwagon that I have seen in recent years. They call on the Government to introduce a Bill on lobbying before the summer recess, when we had already announced such a Bill two weeks before. At the same time, and in the same breath, for the first time in three years they are calling for cross-party talks when they know that such talks would make the task of delivering a Bill by the summer recess virtually impossible. They will of course have an opportunity to demonstrate their desire for a consensual, cross-party approach as the Bill makes its passage through the House, and we look forward to their wholehearted and constructive support.

I should like to thank the Chairman of the Political and Constitutional Reform Committee, the hon. Member for Nottingham North (Mr Allen), for the valuable scrutiny role that his Committee plays. I know that he will not be entirely satisfied with the way in which the Government intend to proceed, given the report that the Committee has produced, but I believe that our proposals are well thought out, perfectly formed and tightly focused. We will not adopt the full-blown register that he is seeking, but I hope that our proposals on a third-party register and those on ministerial reporting—which will require any meeting with an in-house lobbyist to be reported, with a description of the discussions—will provide the transparency that he wants.

Graham Allen Portrait Mr Allen
- Hansard - - - Excerpts

Speaking on behalf of the Select Committee, which studied the proposals in some detail, I am not proposing that the Government should accept the things that we said in our report. I am saying that the House as a whole should be given, say, three weeks under the auspices of the Select Committee to examine the Bill seriously, preferably before its Second Reading but even during an interregnum after that point, so that any Member, anyone in Government and anyone in the lobbying profession can make their views plain. Whatever shape the Bill is in—I am sure that it is perfectly formed—we might be able to improve it slightly through such an examination.

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Order. The hon. Gentleman is a very experienced Member, and he has already made his speech in the debate. We do not need a second one. Good interventions are short interventions.

Tom Brake Portrait Tom Brake
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I thank the Chairman of the Select Committee for his intervention. He will have heard my right hon. Friend the Leader of the House of Commons clarify what pre-legislative scrutiny was possible and what was not.

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Tom Brake Portrait Tom Brake
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I want to make some progress now, and to comment on the points raised in the debate.

My hon. Friend the Member for Carlisle (John Stevenson) ably demonstrated in his opening remarks that lobbying is a fact of life for Members of Parliament and that we are clearly not seeking to ban the activity, but to maximise the transparency of it.

My heart goes out to my hon. Friend the Member for Caithness, Sutherland and Easter Ross (John Thurso) as he travels around the 3,800 square miles of his constituency. He cannot get round his constituency in the way that I can on my bicycle, but my constituency is only 25 square miles. He highlighted the important role of the ministerial code, and referred to section 8.14, which deals with ministerial reporting. His desire—one that I would share with him—is to use that as a mechanism for improving transparency. We as individual Members of Parliament and Ministers can undertake to do that, without the need for legislation.

None Portrait Several hon. Members
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rose

Tom Brake Portrait Tom Brake
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I will give way later.

My hon. Friend the Member for West Worcestershire (Harriett Baldwin) referred to the historical role that central lobbying has to play, and mentioned where the definition of lobbying came from. She set out how she as an individual MP has tackled some of the issues of greater clarity and transparency by publishing on her own website the details of her contacts. People can thus see that all is open and clear.

None Portrait Several hon. Members
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rose

Tom Brake Portrait Tom Brake
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I happily give way to the hon. Member for Warrington North (Helen Jones).

Helen Jones Portrait Helen Jones
- Hansard - - - Excerpts

I am grateful. Will the right hon. Gentleman tell us exactly why the Government are refusing to have pre-legislative scrutiny of this Bill?

Tom Brake Portrait Tom Brake
- Hansard - -

I think that the Government are in a difficult position: on the one hand we are told that we are not moving ahead swiftly enough, while on the other we are told to make time available for pre-legislative scrutiny. The original proposals were scrutinised heavily, and the Government will come forward with a Bill, many aspects of which will be familiar to the hon. Member for Nottingham North, the Select Committee Chairman, for instance, as they were set out in the original proposals.

None Portrait Several hon. Members
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rose

Tom Brake Portrait Tom Brake
- Hansard - -

I need to make a bit more progress before giving way again.

We can reassure my hon. Friend the Member for Carmarthen West and South Pembrokeshire (Simon Hart) that, when the Bill is published—

Graham Allen Portrait Mr Allen
- Hansard - - - Excerpts

On a point of order, Mr Deputy Speaker. Is it in order to pray in aid the Select Committee when I have been clear, impartial and open with the House about our Select Committee’s scrutiny and the failure of the Government to respond to our report within a year? Is it somehow acceptable for the Minister to pray in aid the Select Committee in pursuit of arguments that he cannot seem to make himself?

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
- Hansard - - - Excerpts

I note that point and it is on the record. As the hon. Gentleman will know, I am not responsible for, and have no desire to be responsible for, the speech of the Deputy Leader of the House.

Tom Brake Portrait Tom Brake
- Hansard - -

Thank you, Mr Deputy Speaker. I would have given way to the hon. Member for Nottingham North if he had waited his turn.

As I was saying, my hon. Friend the Member for Carmarthen West and South Pembrokeshire can be reassured that when the Bill is published, there will be clarity and no room for misunderstanding or misconstruing the Government’s intentions when it comes to the definitions of lobbying, who is covered and who is not covered.

I was a little bit alarmed at the beginning of the contribution from my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) when he seemed to be inviting you, Mr Deputy Speaker, to test the market to see what the going rate for paid representation was. Later, he clarified that that was not what he was suggesting. He raised a serious point about the powers that we have as a House to enforce our own rules. He wanted us to exercise those powers diligently and without hesitation, and I would certainly agree with him on that. We were then given the parliamentary equivalent of a TED talk on parliamentary privilege, which I suggest we put on YouTube for others to view later. Finally, I can give the reassurance that it is not the Government’s intention to include the Whips in the register.

Finally, there was a contribution from my hon. Friend the Member for Totnes (Dr Wollaston), who described herself as a lobbyist for her constituents—a role that we all applaud. We should all seek to imitate her in that role. She reinforced the point that both Front-Bench teams should show transparency. We will want to hear more from the Opposition about that.

Gareth Thomas Portrait Mr Thomas
- Hansard - - - Excerpts

Will the right hon. Gentleman give way?

Tom Brake Portrait Tom Brake
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Indeed—it looks as if we are about to hear from them.

Gareth Thomas Portrait Mr Thomas
- Hansard - - - Excerpts

May I pursue a point raised by the hon. Member for Totnes (Dr Wollaston)? Why does the right hon. Gentleman, a Liberal Democrat, think it acceptable for Crosby Textor not to have to abide by a statutory code of conduct? That is the gist of the proposals that he is supporting.

Tom Brake Portrait Tom Brake
- Hansard - -

I am happy to tell the hon. Gentleman that my right hon. Friend the Leader of the House and I work very closely together. I have some responsibility for some aspects of Liberal Democrat policy, and he speaks for the Conservatives on some issues relating to the Conservative party. However, the issue raised by the hon. Gentleman is clearly a Conservative party issue, and not an issue for the Deputy Leader or, indeed, the Leader of the House.

The hon. Member for Leyton and Wanstead (John Cryer) was anxious for us to be able to deal with unaccountable wealth that wields unaccountable influence in this place. I hope that we shall at least be able to clarify the position relating to third-party lobbyists, who often represent companies with considerable wealth. I worry about the hon. Gentleman, however: I do not know what the Deputy Prime Minister has done to him, but he clearly has a large chip on his shoulder. I recommend therapy to deal with that.

The hon. Member for Warrington North said that members of the public had lost faith in politicians. I agree with her to some extent, but I should point out that according to the latest report by the Hansard Society, the public feel that in certain respects politicians in this place have a greater influence on affairs. That may be partly a result of the e-petition process and the important role played by the Backbench Business Committee.

The hon. Lady issued a plea for the register to include in-house lobbyists who were connected with charities, trade unions and churches, but did not say why she considered that to be necessary. As I have already explained, quarterly reports of meetings between Ministers and permanent secretaries and in-house lobbyists provide the details of those who were met and the purposes of the meetings.

Helen Jones Portrait Helen Jones
- Hansard - - - Excerpts

I think that if the Minister reads the report of my words, he will see that I mentioned in-house lobbyists but not charities or churches.

Tom Brake Portrait Tom Brake
- Hansard - -

I thank the hon. Lady for providing that clarification. I am not sure that the same clarification has been provided by Opposition Front Benchers, but we will have other opportunities to hear from them about the scope of their proposals.

Given the rather convoluted phrase about sunlight and soap with which the hon. Member for Southampton, Test (Dr Whitehead) began his speech, he appeared to have been lobbied by Procter & Gamble. I am afraid that I lost the hon. Gentleman towards the end of that phrase, but his main point was that the problem of undue influence would be dealt with by the inclusion of everyone on a register. I do not understand how that can be the case. Simply including people on a register cannot ensure that they will not exert undue influence.

I apologise to the hon. Member for Easington (Grahame M. Morris) for having missed the beginning of his speech. He spoke of the need for an engaged, interactive citizens’ democracy, which is something that I would certainly support and welcome.

I hope that the hon. Member for North West Durham (Pat Glass) feels that the House is becoming less—

Pat Glass Portrait Pat Glass
- Hansard - - - Excerpts

indicated dissent.

Tom Brake Portrait Tom Brake
- Hansard - -

No, she clearly thinks that the House is still too confrontational, or too male-dominated or testosterone-driven. I am not entirely sure what she considers to be the cause of the tension.

The hon. Lady advanced the same arguments about the need for an extensive register. She, too, did not take account of the fact that meetings with in-house lobbyists are reported. Those who want to establish whom Ministers have met and why, and the dates on which they have met, can refer to the quarterly report, and can then ask questions if they wish to do so. If, for instance, it concerns them that a Minister has met representatives of Tesco to discuss food labelling, they can pursue the matter further. However—this is relevant to what my hon. Friend the Member for Caithness, Sutherland and Easter Ross said—I should welcome greater transparency in that regard. I know Ministers are looking at that collectively.

Finally, in summing up for the Opposition the hon. Member for Harrow West touched on many of the issues that his hon. Friends had raised in the debate, in particular the code of conduct. The Government’s position is clear: that is best addressed by business, so we can focus on the third-party register.

This debate has provided a timely and refreshing opportunity for the coalition to set out how we intend to tackle the potential risks associated with third-party influence, by bringing forward coherent, finely balanced and proportionate measures—measures that will not burden charities and other organisations with huge regulations, as requested by the hon. Member for West Bromwich East (Mr Watson).

These are measures that I believe the whole House will be able to support. I urge Members to back the Government amendment and reject the Opposition motion.

Question put (Standing Order No. 31(2)), That the original words stand part of the Question.

Notices of Questions

Tom Brake Excerpts
Thursday 25th April 2013

(11 years ago)

Commons Chamber
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Tom Brake Portrait The Deputy Leader of the House of Commons (Tom Brake)
- Hansard - -

I beg to move,

That, in respect of Questions to the Secretary of State for Wales for oral answer on Wednesday 15 May in the next Session of Parliament, paragraph (5)(a) of Standing Order No. 22 (Notices of Questions, Motions and Amendments) shall apply with the substitution of three days for four days.

Regular participants in oral questions to the Secretary of State for Wales will be aware that the deadline for submitting questions and for their printing and circulation is normally Tuesday for questions on Wednesday of the following week. This recognises Standing Order No. 22 (5)(a), which specifies at least four days, excluding Friday, Saturday and Sunday, between circulation of questions and their subsequent answering where they relate to the territorial Departments and the Attorney-General. The motion before the House is necessary, given the imminent Prorogation, and replaces the normal Standing Order requirement of four days with three days, thereby providing for questions to be circulated on the first day that Parliament returns, Wednesday 8 May, for answering the following Wednesday, 15 May. I commend the motion to the House.

Thomas Docherty Portrait Thomas Docherty (Dunfermline and West Fife) (Lab)
- Hansard - - - Excerpts

I will not detain the House for very long—obviously we are approaching the Prorogation. We very much welcome the spirit in which the Government have sensibly approached this issue, but as we are proroguing this afternoon, I hope that the Deputy Leader of the House can confirm that, given the breaking news on Leveson, the Government will set out their response at the first opportunity when we come back after the Gracious Speech.

Tom Brake Portrait Tom Brake
- Hansard - -

The House will of course have opportunities in the new Session to debate those issues.

Question put and agreed to.

Parliamentary Commission on Banking Standards

Tom Brake Excerpts
Tuesday 23rd April 2013

(11 years ago)

Commons Chamber
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Tom Brake Portrait The Deputy Leader of the House of Commons (Tom Brake)
- Hansard - -

I beg to move,

That the Order of 16 July 2012 relating to the establishment of the Parliamentary Commission on Banking Standards shall have effect in the next Session until the day on which the Commission makes its report on standards and culture of the UK banking sector.

That a message be sent to the House of Lords to desire their concurrence.

This motion is to allow the Parliamentary Commission on Banking Standards to continue its work in the new Session of Parliament, and to give it time to publish its final report on standards and culture in the banking sector. The Commission was established in July last year following the LIBOR rate-setting revelations, and it had a dual remit. First, it was to report on the lessons to be learned about corporate governance, transparency, conflicts of interest and their implications for regulation and Government policy. Secondly, it was given the role of looking more broadly at standards and culture in the UK banking sector, taking into account regulatory and competitions investigations into the LIBOR rate-setting process.

The Commission reported on the first part of its remit on 21 December last year in its report on banking standards. It has subsequently published three further reports on structural reform of the banking sector, proprietary trading, and the failure of HBOS. Its final report is now awaited, and I understand that it is hoping to report early in the new Session. That would allow its conclusions to be taken into account in the House’s scrutiny of the Financial Services (Banking Reform) Bill, which has completed its Committee stage in the House and is awaiting Report.

The motion is required because under the rules of both Houses of Parliament, Joint Committees cease to exist at the end of the Session in which they were established—unless specific provision is made for reporting by a specified date—or when they have reported on the matter entrusted to them. The motion does not specify a particular date by which the Committee must report, in order to provide the Commission with flexibility to complete its work on its own terms.

The motion makes clear that the Commission will cease to exist when it produces its main report. Of course it is important to ensure that change in the banking sector is carried through, both through the Government’s commitment to introduce any necessary amendments to legislation arising out of the Commission’s work, and through appropriate parliamentary scrutiny of progress in the banking sector and its regulation after the Commission ceases. The Government welcome the valuable work the Commission has already done in examining the banking sector, and look forward to the publication of its final report in the near future. I commend the motion to the House.

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Tom Brake Portrait Tom Brake
- Hansard - -

Thank you, Mr Speaker. I do want to share my thoughts with the House, but they will be pleasingly brief.

I welcome my Opposition counterpart back to the Dispatch Box after his thoughtful contribution to the tributes to Baroness Thatcher. I wish to respond to one of his points. I do not share the pessimism he displayed on the timetable or timing. I am confident that, if the Commission reports promptly, there will be time for its recommendations to be taken fully into account in the Financial Services (Banking Reform) Bill.

With those brief points, I commend the motion to the House.

Question put and agreed to.

House of Commons Administration Estimate

Tom Brake Excerpts
Tuesday 23rd April 2013

(11 years ago)

Commons Chamber
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Tom Brake Portrait The Deputy Leader of the House of Commons (Tom Brake)
- Hansard - -

I rise to speak in support of the motion before the House. It has been on the Order Paper for some considerable time, and it is good that the House now has the opportunity to consider it.

The motion arises out of the work of the Finance and Services Committee. The reasoning behind it and the process undertaken in coming to this solution have been expertly outlined by its Chairman, my hon. Friend the Member for Caithness, Sutherland and Easter Ross (John Thurso). I am grateful to him and the rest of the Committee, which conducts important work on behalf of the House, for their constructive approach in seeking the agreement of the House of Commons Commission and working collaboratively with the Procedure Committee in reaching this solution.

As right hon. and hon. Members will see from the Order Paper, both the Leader of the House and the shadow Leader of the House have signified their support for the motion by adding their names to it. The proposed Standing Order addresses the issue that at any time the House can pass a motion that adds costs to the administration budget. As the Finance and Services Committee recognised in its report, that is not a creditable way for the finances of a major public body to be run. The proposed Standing Order will not prevent the House either from debating the motions it wants to debate or from making the decisions it wants to make, but it will ensure that decisions are made on the basis of access to basic information about the financial consequences of those decisions. The House has rightly set itself the target of reducing the administration estimate, so it is a matter of good governance that the attached Standing Order be approved to support the House in that aim.

The hon. Member for Dunfermline and West Fife (Thomas Docherty) asked me a couple of questions. First, I can assure him that at an appropriate point the full costs of the Banking Commission will be confirmed, but I am not in a position to do that now. Secondly, he has rightly pointed out that there are other matters relating to the work of the Procedure Committee that could usefully be discussed—under Remaining Orders, for instance—and to which he has put his name. He will be pleased to hear, therefore, that my right hon. Friend the Leader of the House has discussed with the Procedure Committee’s Chair the priority placed on the different motions. I hope that the House will get the chance to resolve these issues—I will not say “soon”—without undue delay. I am happy to support the motion on the Order Paper.

Question put and agreed to.