My Lords, I warmly welcome the noble Lord, Lord Horam, and I congratulate him on his maiden speech. He has certainly participated
in a brilliant debate on a bad Bill that is badly drafted and, as my noble friend so dramatically demonstrated, not easily understood.
The Bill does not deal with the problem it was designed to address and has a chilling effect on civil society organisations and charities, which are a cornerstone of our society, while purporting to solve a problem with trade unions that does not exist. Furthermore, as this is a constitutional Bill, it should have had pre-legislative scrutiny, and due process should have been followed, including proper consultation, as demanded by governmental procedures. I must ask the Minister: why the unseemly haste, which so many noble Lords mentioned? Why was there absolutely no consultation with the organisations that will be most affected by the Bill—the myriad organisations up and down the country which are the basis of our thriving civil society? Could it be that the Government were so sighted on their goal of silencing organisations that they might regard as potential critics before the next general election that they simply abandoned the processes upon which government and good governance depend?
The Minister cannot accuse me of taking a political stance because these points have been made by noble Lords on all Benches. That must be a strong signal to the Minister that there is something drastically wrong with the Bill. Out of 38 speakers, the Bill has only one fervent champion—the noble Lord, Lord Tyler—and perhaps three or four lukewarm supporters. In relation to process, we heard powerful speeches from my noble friend Lady Jay, chair of your Lordships’ Constitution Committee, the noble Lord, Lord Norton of Louth, other members of the Constitution Committee and others of my noble friends who are members of the Joint Committee on Human Rights. When parliamentary processes are abused, especially in relation to constitutional Bills, Parliament itself is abused. To repeat the words of the Constitution Committee,
“if Parliament cannot be seen to be scrutinising proposals with the thoroughness they deserve, public confidence in parliamentarians is likely to be further undermined”.
The Dalai Lama said:
“A lack of transparency results in distrust and a deep sense of insecurity”.
I suggest that lack of transparency, especially where access to power is concerned, is one of the reasons that people feel alienated from politics. Lobbying is a normal and an essential part of an active democracy; that includes commercial lobbying. However, it has been clear for some time that the professional sector of the industry needs to be regulated. Indeed, the Prime Minister, when he was Leader of the Opposition, said that lobbying was,
“an issue that exposes the far-too-cosy relationship between politics, government, business and money”.
He was right. My party strongly supports a statutory universal register of lobbyists that covers all those who lobby, not just those working for consultancies. Sadly, the Government’s proposals in the Bill not only fail to deliver such a register but are a step backwards. As my noble friend pointed out, the proposed register would cover fewer lobbyists than the existing voluntary register set up by the UK Public Affairs Council.
I would be grateful if the Minister could tell the House why the register that the Government propose is intended to apply only to those lobbying on behalf of someone else: that is to say, to consultant lobbyists rather than to all lobbyists. The consensus in this House, in the lobbying industry, in the voluntary sector, in the trade unions and among transparency campaigners is that this approach is too narrow. Why should in-house lobbyists, who represent around 80% of the industry, not be required to register along with all other professional lobbyists? Not only is this wrong, it is unfair; it discriminates against different types of lobbyists. The cosy relationship between government and the tobacco and energy industries will continue, one reason being that there is a fundamental lack of understanding in the Government about lobbying.
Furthermore, the proposals before us create loopholes that will be exploited by the unscrupulous. I share the puzzlement of the noble Lord, Lord Jay. Why is it that someone will count as a lobbyist only if they lobby Ministers or Permanent Secretaries directly? As many have said, anyone who has been in government, in the Civil Service or a lobbyist would agree that the best results often come from lobbying MPs and Peers, more junior civil servants—including those who work in UKRep—and, of course, special advisers. One just has to cite the case of Adam Smith and the News Corporation lobbyist, Fred Michel, which would not have been touched by the Bill. Of course, who is lobbying whom is important but the subject matter is also of importance.
Too many people in this country have lost trust in politicians and the political system. The noble Baroness, Lady Kidron, spoke of the importance of young people taking an active part in campaigning as a path to engaging in democracy. In the most recent election, of the 18 to 24 year-olds who were eligible to vote, only 44% voted. A healthy democracy needs to be nurtured in order to thrive, and voting is crucial for legitimacy. It is a key part of a healthy society in which all citizens, not just the privileged few, have a say.
As the right reverend Prelate said, democracy is in crisis, and professional politics has meant that political energy has been quite rightly taken over by faith groups and by charities. As the noble Earl, Lord Clancarty, said, the Bill puts politics further into the Westminster bubble instead of opening it out to the whole population.
We all recall the Prime Minister’s big idea, the big society, which seems to have disappeared from the Conservatives’ lexicon. It was not a big idea, of course, because millions of people in this country have always been active citizens. Charities are part of our DNA, and my Government worked closely with civil society and NGOs. Nevertheless, apart from concern about the increased burdens on civil society as a consequence of government cuts and withdrawing some of their obligations, I was glad that the role of civil society was being celebrated, and that participants were no longer regarded merely as service providers. It is astonishing that the coalition Government, whose Members in this House have strong links with hundreds of charities and faith groups, should seek to curb the work and to
silence the voice of charities and others who wish to campaign, for a year before the general election. There has been much concern about this.
As my noble friend said, the Government are hosting the annual summit of the Open Government Partnership in London on 31 October, where participants will share experiences from their respective countries and provide real examples of how openness can improve public service, drive economic growth, reduce poverty and corruption and restore public faith in government. One of the sessions, possibly attended by the right honourable Francis Maude MP, is entitled, “Empowering Citizens: Transforming the Relationship between Citizens and Government”. Presumably this will follow the partnership’s vision of ensuring that Governments become more transparent, more accountable and more responsive to their citizens. That is contrary to the ethos of the Bill before us.
My noble friend Lady Pitkeathley gave the most stunning example of the beneficial results of campaigning by charities—that is to say, apolitical campaigning, which would not be possible under the Bill. My noble friend Lord Griffiths spoke with a passion that I feel.
Many organisations have been cited today with regard to Part 2 of the Bill, and I am grateful for the vast number of briefings received. My noble friend Lady Jay encapsulated many of the fears expressed by those organisations when she said that the Constitution Committee is concerned about the restrictions on the right to freedom of expression that will result from the proposal to limit third-party expenditure at general elections. We think that this constitutional right should be interfered with only when there is clear justification for doing so.
The Opposition requested and received two legal opinions on the Bill from a pairing of eminent barristers specialising in this field: James Goudie QC of 11 King’s Bench and Fraser Campbell of Blackstone Chambers. The damning conclusion of the legal opinion is that the Bill infringes both Article 10 of the European Convention on Human Rights on freedom of expression, and Article 11 on freedom of assembly and association. The lack of clarity surrounding Part 2 means that it is not sufficiently precise and accessible to enable an individual to foresee to a degree that is reasonable in the circumstances the penal consequences that breaching them would have. Furthermore, the provisions are judged,
“not necessary in a democratic society”,
because they are “disproportionate” and both,
“unduly burdensome and too wide”.
Large organisations are concerned about complexities, the tangle of red tape and the chilling effect, but the smaller organisations are terrified—for example, about the reduction from £10,000 to £5,000 of the threshold at which they would need to register with the Electoral Commission in England, and to £2,000 in Scotland, Wales and Northern Ireland. On its own, £5,000 is a lot of money for a small charity to spend, but, as has been pointed out, charities often work in partnership with others, and all organisations in a joint campaign are responsible for declaring all the spend above the threshold. The British Legion, writing about the cost of the increased regulatory burden, said:
“Even the Legion, which is a relatively large charity, has no dedicated administrative support within its campaign team, and we do not believe that members of the public purchase Poppies in order to fund the servicing of such requirements”.
This is a costly bureaucratic nightmare, and charities and communities may either unwittingly break the law or be inhibited from campaigning in the public interest.
The excellent organisation cited by the noble Lord, Lord Greaves, HOPE not hate, which does so much to promote peace among our communities and provides information about candidates standing for the far right in elections, would be restricted to a fraction of what the BNP could spend in any election period. Are the Government trying to suggest that this and similar organisations should form a political party in order to be able to campaign?
The noble and right reverend Lord, Lord Harries of Pentregarth, chair of the Commission on Civil Society and Democratic Engagement, raised a vast number of questions on behalf of charities and campaigning groups, and explained their fears and complexities. I warmly welcome the initiative taken by the noble and right reverend Lord, and his colleagues, including my noble friend, which fills a yawning gap in the Government’s own procedures. They were able to consult a vast variety of NGOs and experts up and down the country, so why could the Government not do that? I very much look forward to the commission’s report and its recommendations before Committee. The lack of consultation is compounded in Scotland, Wales and Northern Ireland, where neither the organisations affected nor the devolved institutions were consulted. That is of particular importance in Northern Ireland, where civil society engagement is a cornerstone of the peace process, and is one reason why such great progress has been made and must be sustained.
As my noble friends have said, there is no evidence for why Part 3 of the Bill is needed, and no Minister has been able adequately to explain the reason. I almost feel sorry for the noble Viscount. He had to defend the indefensible on the shares-for-rights Bill, and now he has to find a reason for Part 3. As my noble friend Lord Monks said, since 2004 there have been no complaints to a certification officer from trade union members about the registration of their details, and from 2000 to 2004 there were just six complaints, of which five were thrown out. What, then, is the problem?
Seldom can a Bill have had so few friends—the only friends it has sit on the coalition Benches; or rather, the only friend—and seldom has a Bill had so many opposed to it. Seldom has a Bill raised common concerns and united the whole of civil society, including charities and community organisations large and small, trade unions, professional organisations, lawyers, professional lobbyists and their associations, the Joint Committee on Human Rights, the Constitution Committee of your Lordships’ House, the Political and Constitutional Reform Committee of the other place, the Financial Times and the Guardian. The vast majority of the committees, organisations and individuals have asked the Government to pause and think again. As the noble Lord, Lord Ramsbotham, said, the Government should do so before they inflict unnecessary damage on one of the jewels in our crown: the voluntary sector.
It is clear from most of the speeches made today that there is strong support in this House for the Government to withdraw the Bill, consult and return with a Bill that is fit for purpose. The lobbying proposals should be revised and Part 2 should be the subject of cross-party agreement. These issues are too serious to be used as a political football. The problem that Part 3 is designed to answer must be identified before solutions are proposed.
There are fundamental lessons to be learned from the Bill. Pre-legislative scrutiny should be standard practice; Bills—especially constitutional Bills—must not be rushed through Parliament in order to fulfil a political objective; and consultation with those affected absolutely must take place. I trust that the Minister will give his assurance that this lack of respect for parliamentary procedures and the people with whom they should consult will not be repeated.
Most importantly, on behalf of all of the organisations and individuals affected, all of our citizens who lack trust in Parliament, politics and politicians, and the majority of noble Lords who have spoken today, I urge the Minister to pause, to withdraw the Bill, to consult and to return to Parliament with a Bill that commands the respect and support that these issues of fundamental importance to our democracy deserve.
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