UK Parliament / Open data

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

I will not give way to the hon. Lady. I have read only about a paragraph of my speech. Many Opposition Members wish to speak, so I am sure she will have an opportunity to intervene.

Hon. Members are the voices of their constituencies. The hon. Member for Nottingham North (Mr Allen) made exactly that point when he said that we are the strongest lobbyists. If something is not right in our constituencies, we speak up for our constituents. It is up to us to ferret behind the scenes and find out what is going on. We need to be aware of how lobbyists play and by whose rules, and the extent of their schmoozing.

I want to point out a worrying grey area that is not covered in the Bill but that could be captured as we work on the Bill in the next few days. I have been trying to track the influence of lobbyists on a major project in St Albans. I have made no bones about the fact that I am completely and implacably opposed, as is my council at every level, to a strategic rail freight interchange on 300 acres of green-belt land. I am concerned that lobbying behind the scenes may have led to a shift in the decision-making process, and have made every effort to try to find out how hon. Members, as representatives of our constituents, can find out who or what has gained the ear of influential people. I fully accept that that does not always mean the Minister—it could be someone in the Minister’s office. Members need to have a clearly defined route to find out what has gone on. Our constituents do not have that opportunity.

The project has been led by Helioslough. One of its key lobbyists is Mr Simon Hoare, who operates under various guises—it is therefore pertinent that we have a full register. We have been fighting the proposal since 2006. It has been turned down twice—once by the previous

Secretary of State for Communities and Local Government, and once by the current one. There have been two refusals, but now there is a minded-to-approve decision, which has set off my radar. What has altered? The plans are the same, so has pressure been applied behind the scenes?

The last refusal was quashed by the High Court in 2011, and the process has become murky and opaque—it is very much the sort of thing that I believe the public want hon. Members to clamp down on. In this world, personal connections and relationships can come in very handy. I have dug very deep to try to get to the bottom of how much access the developer of the rail freight proposal has gained via his lobbyists. The proposal has implications for planning and transport, and for the Department for Business, Innovation and Skills. Not only one Department is involved, but many.

Like many colleagues who have concerns about the undue effects of lobbying, I asked a series of parliamentary questions—that is one route, albeit a tortuous one, open to hon. Members—and, ultimately, made freedom of information requests. I discovered in a parliamentary answer to my hon. Friend the Member for Hertsmere (Mr Clappison) that my right hon. Friend the Member for Chipping Barnet (Mrs Villiers), the then Transport Minister, admitted to having had a private luncheon meeting with the lead lobbyist for Helioslough, the developer, just after the refusal—[Interruption.] I would be grateful if Opposition Members listened to what I have to say. I am making the point that the Bill will not capture those private, personal connections over lunch, where things are discussed.

I found out that the matter was discussed over lunch in a private, personal capacity with the Minister. Since then, I have been chasing those private comments to see what they have led to. My right hon. Friend has also admitted that, since that meeting, her Department received an e-mail from Simon Hoare entitled “Radlett SRFI—The economic benefits”. Simon Hoare was tirelessly making his case behind the scenes, despite the fact that the process was closed to me and my constituents.

I submitted freedom of information requests, because the role of all Back-Bench MPs is to speak up and defend our constituents against what I would describe as inappropriate lobbying. I have the contents of the e-mails and an attached document. I also have the Department for Transport letter to Mr Hoare informing him that the e-mails were about to be disclosed. When Mr Hoare received notice that his e-mails and private correspondence were about to be disclosed, he sent an attachment, saying:

“I would prefer for my email not to be sent to the MPs”.

I am sure he would prefer that. Unfortunately for him, the Department disclosed his e-mail, which makes for disturbing reading. Among a lot of other things, it states:

“I am aware the DfT is a strong supporter of the development of rail freight”

and

“will also doubtless be aware”

of

“a number of schemes…In the last 10 years my client has incurred costs over £12 million”

on that planning application. The letter goes on:

“I do not believe that DCLG has a clue as to the costs of the planning process…While appreciating that DCLG is a quasi

judicial role vis à vis the Public Inquiry, anything your department can do to press the case for a speedy and supportive decision would be a real shot in the arm…As a courtesy, I ought to advise you that we are also in contact with HMT…and…BIS.”

I would not have known that without a freedom of information request. It goes on to say a lot more, but my time is constrained.

This is what we have to clamp down on. I am sure that this is sounding very unhelpful, but at least this Government are tackling it—Interruption] They have an opportunity to tackle it through the Bill. Sadly, such private meetings will not be covered by the current proposed legislation—that is the point I am making. I am sure that the Minister would like to know that I have asked the Library about this matter. It has confirmed that this is still a grey area, even with the introduction of the Bill: it will be up to Ministers to decide whether they feel that they have been influenced over lunch and a good glass of wine.

I give the Department for Transport some credit for letting me see the information trail. So far, the Department for Business, Innovation and Skills has not let me see anything, saying that it did receive documents and correspondence but that letting me know all about it would involve a disproportionate cost. Well, one Department can let me know and I do not like what I read—it stinks. Something has changed a decision affecting my constituency. Somebody beat up somebody in some Department somewhere and said, “Make this thing happen, please”. I know we have an economic imperative to get Britain moving, but not by building an inappropriately located rail freight interchange.

I have asked parliamentary questions and I am dissatisfied with the level of response. My freedom of information requests have been rather more fruitful, but at what cost? The paper trail involved in trying to get to the evidence is not without cost to the taxpayer. I have gone to the Information Commissioner for adjudication on the rather opaque way that this matter has been dealt with. As the duly elected representative of my entire constituency, I represent everybody, as we all do in our constituencies, not just Conservatives. If this decision is imposed on them, they have a right to know that any lobbying has been transparent. I am not anti-lobbying—I lobby like crazy on behalf of my constituents—but I want to know who has had cosy lunches and I want to know if quiet conversations behind closed doors have effected changes of mind. I want to know, on behalf of my constituents, whether lobbying is helping to change decision-making processes.

In the end that is surely what we should all be agreed on, as the hon. Member for Nottingham North said. We should all want fairness from the Bill. Given that the Library has admitted that this is a grey area and that at the moment the Bill does not capture this—it perhaps captures a few other things—I desperately hope that we can come up with guidance on the Floor of the House. If not, those cosy conversations will increase, and paper trails will be quietly hidden away—nobody can track down a quiet conversation over lunch.

I thank my right hon. Friend the. Member for Chipping Barnet, who admitted that the application was discussed. I gave her the courtesy of letting her know that I would refer to her correspondence. She admitted that additional

information was later sent to the three Departments—I have the proof of that. The trail has gone somewhat dead and I am disappointed about that. I am still hopeful that there is time to see sense and overturn the decision, but what has come out of this situation is the unedifying spectacle whereby I can go through many weeks of appeals with my constituents in the public domain where everyone can hear everything and then, unbeknownst to us, when the process is stalled, the developer can have private lunches at which, because there happens to be a university connection, old friendships have been called in. That is not acceptable; that is not democracy. I am sure that the Bill will now appropriately consider this grey area.

3.4 pm

Type
Proceeding contribution
Reference
567 cc207-210 
Session
2013-14
Chamber / Committee
House of Commons chamber
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