Select Committee · Public Administration and Constitutional Affairs Committee

Lobbying and Influence: post-legislative scrutiny of the Lobbying Act 2014 and related matters

Status: Closed Opened: 5 Dec 2022 Closed: 24 May 2024 2 recommendations 15 conclusions 1 report

Following the Greensill saga, the Government asked the Committee to undertake post legislative scrutiny of the Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014 (“the Lobbying Act”) ( HC Deb 14 April 2021, c331).

Reports

1 report
Title HC No. Published Items Response
Fourth Report - Lobbying and Influence: post-legislative sc… HC 203 2 May 2024 17 Overdue

Recommendations & Conclusions

17 items
1 Conclusion Fourth Report - Lobbying and Influence:…

Integrated platform essential for accessible and easy-to-navigate government transparency data.

If transparency is the Government’s main mechanism for ensuring the integrity of the process by which Government is lobbied, clearly the information it releases on who has been lobbied by whom should be as accessible and easy to navigate as possible. A single, integrated platform that includes the transparency data …

3 Conclusion Fourth Report - Lobbying and Influence:…

Omission of Special Advisers' meetings undermines public confidence in lobbying transparency.

The Government’s proposed extension of the transparency releases to include Directors General and other key posts is welcome. However, we remain unconvinced by the Government’s defence of the current level of disclosure of Spads’ meetings. It is true that, as the Government argues, Spads frequently play a significant role in …

4 Recommendation Fourth Report - Lobbying and Influence:…

Include Special Advisers' meetings in departmental transparency releases like Ministers and senior civil servants.

Despite the Government’s argument to the contrary, the omission of Spads’ meetings, other than those with senior media figures, from the departmental transparency releases is clearly anomalous. Furthermore, it undermines public confidence in the integrity of the lobbying process. The Government should include Spads’ meetings in the departmental transparency releases …

5 Conclusion Fourth Report - Lobbying and Influence:…

Require MPs and frontbenchers to publish details of meetings with lobbyists.

We would encourage those in positions in which they may be subject to lobbying, such as shadow ministers and other frontbenchers from non-government parties, to routinely publish details of the meetings they hold with outside bodies on their webpages in a timely manner. Alternatively, the House of Commons could resolve …

7 Recommendation Fourth Report - Lobbying and Influence:…

Introduce single Senior Responsible Owner for integrated government transparency platform quality.

We recommend that the introduction of the integrated transparency platform, with a single transparency publication for the whole of government, be accompanied by the introduction of a single point of accountability for the quality of that publication. There should be a single Senior Responsible Owner for transparency publication whose role …

9 Conclusion Fourth Report - Lobbying and Influence:…

Ruling out legislative changes in post-legislative scrutiny invalidates the entire exercise.

To embark on a process of post-legislative scrutiny whilst ruling out changes to the legislation concerned, even where the Government acknowledges such changes are required, risks negating the validity of the whole exercise. Regardless of any non- legislative improvements that result from the process, and no matter how welcome they …

10 Conclusion Fourth Report - Lobbying and Influence:…

Expanding the Lobbying Act's scope to all lobbying is beyond post-legislative scrutiny.

The purpose of post-legislative scrutiny is to judge the extent to which legislation is achieving its stated aims, rather than to revisit those aims and to reopen debates that should have been had at second reading. To expand the Register of Consultant Lobbyists to encompass all those conducting lobbying activity …

13 Conclusion Fourth Report - Lobbying and Influence:…

Extend declarations in the Register of Consultant Lobbyists to include Directors General and Special Advisers.

The Register currently requires declarations of contact made by consultant lobbyists with Ministers and Permanent Secretaries. In line with the Government’s proposed extension of the transparency releases to include Directors General, Departmental Financial and Commercial Directors, and Senior Responsible Owners for Major Projects, as well as our recommendation that they …

14 Conclusion Fourth Report - Lobbying and Influence:…

Remove the VAT exemption for consultant lobbyists to ensure transparency and prevent loopholes.

The desire to avoid onerous bureaucratic burdens on small or sole operator lobbyists is laudable. However, it is important that concerns about regulatory burden, which will already be lower on smaller operations undertaking less work, do not undermine the primary purpose of the Act, which is to ensure transparency in …

15 Conclusion Fourth Report - Lobbying and Influence:…

Amend the Act to clarify the purpose of the incidental lobbying exemption.

As with the VAT exemption, the Government stresses the importance of avoiding unnecessary bureaucracy in justifying the exemption for ‘incidental lobbying’. However, the purpose of the incidental exemption is not made clear in the Act. The Registrar’s guidance has added some clarity but he himself emphasised that this is still …

16 Conclusion Fourth Report - Lobbying and Influence:…

Commit Ministers and officials to meet only lobbyists subscribed to industry codes of conduct.

In rejecting proposals for a statutory code of conduct governing the way in which lobbyists carry out their activities, the Government suggested that the existence of the established industry codes of conduct made it unnecessary. In order to encourage lobbyists—both consultant and in-house—to subscribe to one of the current industry …

17 Conclusion Fourth Report - Lobbying and Influence:…

Amend the Act to provide for temporary absence and conflicts of the Registrar.

The lack of provision to cover for the temporary absence of the Registrar—through illness or because they are conflicted, for example—is another example of where there is a clear need for the Act to be amended but which the Government has ruled out for the foreseeable future. We are relieved …

Oral evidence sessions

4 sessions
Date Witnesses
17 Oct 2023 Alex Burghart MP · Cabinet Office, Eirian Walsh Atkins · Cabinet Office, Rachel Rayner · Cabinet Office View ↗
6 Dec 2022 Maria Rosa Rotondo · Public Affairs Community of Europe (PACE), Matti Van Hecke · European Public Affairs Consultancies’ Association, Vitor Teixeira · Transparency International EU View ↗
15 Nov 2022 Harry Rich · Office of the Registrar of Consultant Lobbyists, Jon Gerlis · Chartered Institute of Public Relations (CIPR), Liam Herbert · Public Relations and Communications Association View ↗
1 Nov 2022 Duncan Hames · Transparency International UK View ↗

Correspondence

3 letters
DateDirectionTitle
21 May 2024 To cttee Letter from Harry Rich, Registrar of Consultant Lobbyists on the Office of the …
9 Nov 2023 To cttee Letter from Alex Burghart MP, Parliamentary Secretary on oral evidence follow-u…
18 Apr 2023 From cttee Letter to Rt Hon Oliver Dowden MP CBE, Chancellor of the Duchy of Lancaster on …