My Lords, I am glad we have the opportunity to debate this Bill because there is no doubt that the scale and opacity of lobbying is a problem. What is more in doubt is whether as presently constructed it will materially assist us in dealing with and regulating the problem. I have some reservations about it and some suggestions on what to include in it which might do more to assist us than merely extending the register on a very large scale, as the Bill proposes. Indeed, I fear that the Bill could be crushed under its own weight because of the sheer number of people who would be drawn in to the definition of a lobbyist. There are people about whom there is no doubt that if they raise a matter with public officials, they are doing so on behalf of the organisation they work for, but the net would be very wide. It would include the garage manager who calls the Environment Agency because he wants a bit more time to comply with the requirements that have been set or the teacher who writes not to her own Member of Parliament but to the Secretary of State for Education to say that the new curriculum proposals are extremely unhelpful. A huge range of people would be caught in that they would be required to be registered, but it would not really get us very far.
Although I can see the underlying logic of asking why people who are commercial lobbyists working for several different interests should be registered while in-house lobbyists are not, at least with the latter you know who they are lobbying for. We know that they are people working for an organisation and are likely to advance its interests using whatever opportunities they have. So the question is: how can we make sure
that the process people are engaged in when they are lobbying is more transparent than it has been in the past? It is on that area that the Bill could more usefully concentrate.
So far as commercial lobbyists are concerned, we would be in a better position if we knew more about their sources of finance; that is, if we knew how just much money companies are paying commercial lobbyists to lobby on their behalf. The fact that under the register system at the moment a firm can declare no clients at all seems suspicious. If there were further requirements for financial declaration, the question of who is paying the piper could be asked more effectively. That is an area in which commercial lobbying could be addressed by improvements in the legislation.
On the wider range of the Bill, again, rather than looking to alter the register, why do we not improve the information that is available about the lobbying that is taking place? Meetings can be covered by very brief and insufficient descriptions such as, “Defence matters are being discussed”. That could be anything from the potential threat on the eastern borders of NATO’s territory to the precise details of the next warship order—if there ever is a next warship order—that the department is going to place. Even in areas where there are not the same confidentiality requirements as might imposed in defence, if the matter being discussed is “aviation” or “the railway industry”, that is not enough to provide an explanation of what lobbying is taking place. It would be helpful if all these statements could be gathered together on the government website and that was searchable. That would be a distinct improvement on the current arrangements, and I ask the Minister to look at this.
Whose meetings should be involved? I refer back to what was said by the noble Lord, Lord Lansley. Meetings with special advisers are clearly sought after by lobbying organisations to press their case because they play a crucial role. It is unimaginable that they should continue to be left out of the process. Meetings with special advisers therefore ought to be included. Noble Lords will recall that before my time here the House agreed to that, and an amendment to that effect was removed in the Commons in the course of the exchanges between the Houses on that Bill. It is something that we ought to return to. There is a series of quite specific things which could gather up the lobbying that is taking place more effectively than trying to impose a regime right across the activities of the entire commercial and public sectors. That would be a huge task.
Several comments have been made about the 2014 legislation. I am in favour of post-legislative scrutiny. It is important that there should be some scrutiny of that legislation. After all, an awful lot of things were said at the time not only about the lobbying aspects of it, but even more about the impact of other parts. It would be a bit of a challenge for a committee to retain its non-partisan approach when carrying out such scrutiny, but the Bill before us today is a reminder that that Bill was only part of a process that needs to be continued. However, in continuing it we should concentrate on what will improve our knowledge of what is going on rather than simply create a mechanism so wide and involving so many people that a lot of money would be spent to very little outcome.
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