Following recent reports in the media, PMQs this week, as well as Labour’s Opposition Day debate on the creation of a potential new Parliamentary committee to investigate the lobbying of Government on Wednesday, I wanted to share my thoughts on Labour’s motion, as well as the wider issues of lobbying, Greensill and the former Prime Minister, David Cameron.
Firstly, I want to make it clear to everyone concerned about this in Mid Sussex that lobbying allows businesses and industries to discuss their views on policy with legislators, something I believe is extremely important. As a Minister, I believe the policies pursued by both the government, and by opposition parties, should be grounded in reality and take into account the needs of people, communities, businesses and we must be mindful of the thoughts of charities, community groups and where suitable listening and learning is required, whether that's think tanks, reports or studies, which help the Government introduce good policies and law.
Following the recent reports regarding Mr Cameron and the company Greensill Capital, the Prime Minister, Boris Johnson, has swiftly ordered an independent inquiry into the matter, which will be led by Mr Nigel Boardman, who is a ‘supremely qualified’ corporate lawyer. My colleague, the Prime Minister, assured the House of Commons on Wednesday that Mr Boardman will be leading a "proper independent review," and I look forward to seeing the findings of this review in the weeks and months ahead.
During PMQs yesterday, the Prime Minister went on to say:
“I share the widespread concern about some of the stuff we are reading at the moment, and I know that the Cabinet Secretary shares my concern as well. I do think it is a good idea in principle that top civil servants should be able to engage with business and should have experience of the private sector. When I look at the accounts I am reading today, it is not clear that those boundaries have been properly understood. I have asked for a proper independent review of the arrangements that we have, to be conducted by Nigel Boardman, and he will be reporting in June.
“This is a Government and a party that have been consistently tough on lobbying. Indeed, we introduced legislation saying that there should be no taxpayer-funded lobbying and that quangos should not be used to get involved with lobbying. We put in a register for lobbyists.
“That is why we are putting in an independent review. That is why we have tougher laws on lobbying—a great shame that Labour opposes them.”
For the full debate, please visit: Engagements - Wednesday 14 April 2021 - Hansard - UK Parliament
During Wednesday's Opposition debate on creating a potential new committee to investigate lobbying, my colleague, the Minister for the Constitution and Devolution, Chloe Smith MP, said the following:
“On the Greensill affair, an independent review was announced this week, before this motion was laid, and will be effected. On transparency measures and the ACOBA framework, the Cabinet Office is already working to strengthen the former and supporting the reforms of my noble Friend Lord Pickles to bolster the latter. We are opposing the motion today because it seeks to duplicate the work that is already in the gift of Parliament and its Committees and, as I will set out now, work that is already being undertaken by the Government.”
This work being undertaken by the Government includes:
- Conducting post-legislative scrutiny of part 1 of the Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014, which we all know as the lobbying Act.
- Looking into whether further improvements can be made to the current requirements for consultant lobbyists to declare that work complements the system of self-regulation that lobbyists also adhere to through professional codes of conduct. Once this is finished, the Government will deliver a memorandum to the Public Administration and Constitutional Affairs Committee for further scrutiny.
- There are already relevant Committees in Parliament with the powers and capacity to do the work proposed by Labour. The Public Administration and Constitutional Affairs Committee (PACAC) is responsible for the examination of the quality and standards of administration across the Government.
- Since 2010, consecutive Governments have significantly increased transparency on the workings in Westminster, from publishing contracts and details of spending, salaries, tenders and meetings, to launching that statutory register of consultant lobbyists. This is far more than was ever undertaken by the last Labour Government.
- As I said previously, the Cabinet Office announced this week a review into the role in Government of Greensill Capital. The review will look at the development and use of supply chain finance associated activities in Government, and specifically the role of Greensill, including how contracts were secured and business representatives engaged with Government.
- Mr Boardman, who is leading the review, will have FULL access to the people who were in government at the relevant time and who made the relevant decisions
- The information which has already emerged in recent weeks about Greensill Capital has, in some part, been thanks to the system in place is doing its job: ensuring support for transparency and accountability.
- The Office of the Registrar of Consultant Lobbyists conducted an investigation into Mr Cameron’s activities, and has confirmed meanwhile that they did not fall within the criteria that required registration with the Register of Consultant Lobbyists.
- These rules apply to consultant lobbyists, who may seek to influence policy making on behalf of a third party who would otherwise be hidden, whereas Mr Cameron was working openly in-house as an employee.
The full Opposition Day debate can be accessed here: Lobbying of Government Committee - Wednesday 14 April 2021 - Hansard - UK Parliament
I voted with my colleagues against the Opposition’s motion on Wednesday, for the reasons outlined above, and because I remain confident this Government is continuing to take firm action to support transparency and openness, and I also have confidence in awaiting the outcome from the review already underway into Greensill Capital and we should not seek to prejudge this.
This was reiterated by my colleague, Sir Bernard Jenkin MP, who made this point very clear earlier this week:
“Labour has called for tougher laws against lobbying in the light of the Greensill affair. That may be necessary, but is likely to be complicated, ineffective and misses the main point. It is more urgent for government to address the question of attitudes and behaviours which have built up in Whitehall under all political parties towards conflicts and potential conflicts of interest. These arise in ministers’ and officials’ dealings with the private sector all the time, but there is nothing specific in the ministerial or civil service codes to promote the right kind of conversations about these issues.”
I also wanted to add that the Office of the Registrar of Consultant Lobbyists (ORCL), which I mentioned earlier, was established under new legislation passed in 2014, and its role is to keep and maintain a register of lobbyists and ensure that there is transparency in the work of those engaging with government ministers and senior civil servants. Lobbyists are required to declare and publish a list of their clients and this is made available online.
Government departments also publish quarterly reports of any gifts and hospitality received by Ministers and their advisers as well as clear information on meetings and travel. Parliament requires MPs to register financial interests within a month of their election and within 28 days for all subsequent changes. Paid advocacy is strictly forbidden by the Code of Conduct for MPs.
Furthermore, MPs are separately required to declare their interests whenever it could be thought they may have been influenced in what they say or do and keep this fully updated. This is required whether or not the interest has been formally registered and includes expected future interests as well as the interests of family members.
I absolutely believe fairness and transparency must be the keystone of the system, to ensure we can ensure public trust in the integrity of Government and Parliament whatever party is in Government.