Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014

The Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014 is an Act of Parliament in the United Kingdom introduced in July 2013.^[1] The Bill was sponsored by the Cabinet Office and the Department for Business, Innovation and Skills (BIS). It was often referred to as "The Lobbying Bill" for short.^[2] It passed all Parliamentary stages, and received Royal Assent on 30 January 2014.^[3]

The Bill was founded on the principle of 'transparency' and 'cleaning up politics'.^{[4][5] [6][7]}

Origins

The Bill was introduced partly in response to the Labour selection process in Falkirk and the alleged shortcomings of the influence of Unite the Union in that process.^[8][9] Problems with lobbying in Westminster also prompted the Bill.^[10] Following the recent expenses scandal Prime Minister David Cameron had suggested that lobbying was the 'next big scandal' to consume Parliament.^[11]

Some British trade unions suggested that the proposed Bill was a cynical move by the Coalition Government.^[12] A Government spokesperson described the proposed Bill as a "radical" Bill.^[13]

The Bill would reduce the expenditure by charities during an election period before they must be registered with the Electoral Commission to £5,000, a proposal which has been criticised by the sector.^[14]

In months directly prior to July 2013 incidents such as Patrick Mercer and his alleged lobbying for contracts related to Fiji had brought the issues surrounding lobbying into sharp focus.^[15]

Details of the Bill

Part 1: "Registration of Consultant Lobbyists"

This Part makes an offence of consultant lobbying without prior registration, with some exceptions for specific circumstances, and in addition creates a "Registrar of Consultant Lobbyists".^[16] Section 1 states that "A person must not carry on the business of consultant lobbying unless the person is entered in the register of consultant lobbyists."

Part 2: "Non-Party campaigning etc."

This Part amends electoral law relating to funding of candidates and electoral campaigning. The Political Parties, Elections and Referendums Act 2000 would be amended to reduce the amount of money permitted to be donated by "third parties", organisations which would "reasonably be regarded as intended to promote or procure the electoral success of a party or candidate". Section 26, Clause 5 amends PPERA to the effect that, when determining the intention of expenditure, "...it is immaterial that it can reasonably be regarded as intended to achieve any other purpose as well.”

Clause 11 adds a new Section into PPERA to include 'electoral material' that could be reasonably regarded as promoting a specific candidate or party.

Part 3: "Trade Unions’ Registers of Members "

This Part affects the Trade Union and Labour Relations (Consolidation) Act 1992 with regards to records of Trade Union membership lists and related administrative changes.

Criticism

The Bill, often referred to by the shorthand "Lobbying Bill", attracted criticism. The Guardian journalist Polly Toynbee called it "illiberal",^[17] with that paper's leader writer slammed the Bill as "partisan" and "particularly despicable".^[18] The Electoral Commission admitted concern over the "significant regulatory uncertainty" for businesses and charities.^[19] Owen Jones for The Independent said there was a "chilling effect" of the legislation for charities campaigning on matters of policy in the lead up to a general election^[20] Angela Eagle claimed during the "Third Reading" stage of the Bill that the legislation "seeks to silence critics of the Government in the run-up to the general election, while letting vested interests operate out of sight" and was "an object lesson in how not to legislate".^[21]

The charities Oxfam and the Royal British Legion said that the Bill had a "lack of clarity".^[22] The MP Graham Allen described the Bill as "a dog's breakfast".^[23]

During the Second Reading of the Bill on 3 September 2013, much criticism was made of the Bill, with Members of Parliament referring to it as a "gagging Bill",^[24] "risible and misconceived",^[25] and that it amounted to a "full-frontal attack on members of society".^[26] The Guardian newspaper labelled the Bill "a shameful travesty".^[27]

The Bill was called "a gift" to critics of trade unions.^[28]

The National Council of Voluntary Organisations strongly opposed the bill;^[29] a large number of charities and other campaigning groups joined in opposition to the bill including Action for Blind People, Action for Children, British Heart Foundation, Campaign to Protect Rural England, Countryside Alliance, Guide Dogs, Islamic Relief UK, Hope not Hate, National Federation of Women’s Institutes, The Royal British Legion, RSPB and the Salvation Army.

The Lobbying bill was criticised as "Stalinist" and a Labour party peer accused it of being a move by the Liberal Democrat party to prevent the NUS and other student groups from targeting them at the 2015 election following the Lib Dems breaking their 2010 election pledge to block increases in tuition fees ^[30]

Support

The Leader of the House of Commons Andrew Lansley defended the Bill as being necessary because of the lack of trust in politics.^[31] Liberal Democrat MP John Thurso called the Bill "a step forward".^[32] The Deputy Leader of the House pointed out in the Commons that some of the claims made against the Bill, such as stopping updated health and safety legislation or stopping the creation of the Labour Party, were "completely outwith" the proposals.^[33]

The Deputy Leader further explained that the Bill was intended to avoid the setting up in the UK of the so-called "Super PACs" used in the United States.^[34] The former Cabinet Officer Minister Chloe Smith underlined how the Bill was about "extending transparency" during elections.^[35]

Parliamentary timetable

The Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Bill had its Second Reading on 3 September 2013. It completed its Commons stages on 9 October 2013. It was debated in the House of Lords from 22 October and completed its Committee stage on 18 December 2013. It passed its final parliamentary stage, third reading in the House of Lords, on 28 January 2014^[36] and received Royal Assent on 30 January 2014.^[37][38]

References

See also

• United Kingdom labour law