My Lords, the Opposition’s proposed amendment would prohibit lobbying unless the person had signed up to the registrar’s code of conduct. Their new clause would require the registrar, after consultation with relevant stakeholders, to produce a code of conduct which would include a provision that any inappropriate relations between lobbyists and parliamentarians were strictly forbidden. Amendment 108, which has been grouped elsewhere, would enable the registrar to impose civil penalties for breaches of the code of conduct. The Government are not persuaded that a statutory code of conduct is appropriate, and I suggest that the proposed amendments are based on a miscomprehension of the role of codes, either statutory or voluntary, in the regulation of lobbying. The Opposition appear to suggest that such codes are in existence and are operating successfully in other jurisdictions. Perhaps I may draw their attention to international examples of statutory codes of conduct, of which there are very few.
The Australian statutory code of conduct establishes a statutory register of consultant lobbyists and prohibits the lobbying of government on behalf of a third party without registration. That is exactly what this Bill provides for and, if that is what the Opposition are seeking to achieve, the amendments are not needed. In Canada, the Lobbyists’ Code of Conduct promotes three principles—integrity and honesty, openness and professionalism—and requires that lobbyists act transparently, that they respect confidentiality, and that they avoid conflicts of interest. That code is not a statutory instrument and there is no sanction for
non-compliance other than a report from the registrar outlining the lobbyist’s misdemeanour. That is appropriate, because determining non-compliance with these very broad principles is a challenging, uncertain and subjective process.
We have not been able to identify any international precedent for the type of code the Opposition propose. Indeed, even the overwhelmingly high-regulation system in the USA, which requires a 900-plus page handbook to aid compliance, does not incorporate a statutory code of conduct of this sort. Perhaps the fact that the Opposition have been able to propose just one provision for their code of conduct illustrates why such an approach has not been adopted elsewhere.
The Government recognise the industry’s efforts to improve lobbying practice by introducing its own codes of conduct and are confident that that will continue. Those codes promote the ethical behaviour that is essential to the integrity and reputation of the lobbying industry. The codes contain laudable principles and good practice guidance, but their translation into statute does not seem sensible or feasible.
Amendment 78, in the name of my noble friend Lord Tyler, would instead amend Clause 5(4) so that regulations could be made to enable lobbyists to include details in their information returns of the voluntary codes of conduct that they had subscribed to; but no other additional types of information unrelated to voluntary codes of conduct could be so specified. My noble friend appears to agree with the Government that a statutory code of conduct is not necessary and that the existing voluntary codes should be endorsed and promoted. I am happy to tell my noble friend that the Government are committed to ensuring that the statutory register complements the existing self-regulatory regime.
A specific reference on the statutory register to the voluntary code to which a lobbyist has subscribed is an interesting proposal that the Government are willing to consider further. However, we are not persuaded that the power under Clause 5(4) should be restricted so that it could be used to make regulations only in relation to voluntary codes, which is the—perhaps unintended—effect of my noble friend’s amendment. We will consider this further. Meanwhile, I urge the noble Baroness to withdraw her amendment and my noble friend not to press his.