Reasonable though the Leader of the House was about the previous set of amendments, he will have to reach unprecedented oratorical heights for the Opposition not to press new clause 4 to a vote. The new clause seeks to establish a code of conduct that would help establish standards of behaviour for consultant lobbyists. Such codes exist already in a number of other countries that have tough lobbying regulations—Canada and Australia, for example, both have codes of conduct to which registered lobbyists must adhere. Indeed, this House’s Political and Constitutional Reform Committee also recommended a statutory code of conduct.
There was some debate in Committee about the elements of a possible code of conduct, and that point bears dwelling on and expanding a little. Surely, top of the list
of standards in a code of conduct should be the requirement that lobbyists and their clients tell the truth to those they meet. Another element that might be worthy of inclusion in the code is that lobbyists must be open about who their clients are. Members of the House, Ministers and permanent secretaries are entitled to know who is lobbying them and for what purpose. Surely there should be a requirement that lobbyists advise their clients if they are about to commit illegal or unethical acts.
It is not clear to Labour Members—and, I suspect, to other Members—why Ministers do not want such basic principles of good behaviour enshrined in a code of conduct. In Committee, the then Minister, the hon. Member for Norwich North (Miss Smith), suggested:
“The experience of regulators in other jurisdictions clearly shows that statutory codes of conduct for lobbying can be unworkable and unenforceable.”—[Official Report, 9 September 2013; Vol. 567, c. 786.]
Sadly, she did not feel able to give the Committee any more information than that bald statement. If it remains the Government’s position that they do not support a code of conduct, it would be helpful for the House, those in the other place and those who watch our proceedings if they set out clearly the international examples that led them to the conclusion that statutory codes of conduct are unworkable and unenforceable.
If there is no code of conduct, we will be in the rather odd position in which the registrar can punish lateness in providing or submitting information, but cannot punish lobbyists who deliberately hide who they are working for from those they are lobbying. Before being drawn up, a code of conduct would need to be properly consulted on with all relevant stakeholders, including the Political and Constitutional Reform Committee. I accept there are already a number of voluntary codes of conduct in the lobbying industry, some of which are extremely comprehensive. Sadly, however, not every lobbyist is a member of one or other of those voluntary codes.
Gavin Devine, chief executive of MHP Communications, one of the bigger lobbying firms, noted there is a risk that simply securing a place on the register might enable lobbyists to imply they had a kitemark or some sort of endorsement, without having to operate to particular standards. Other evidence presented to the Political and Constitutional Reform Committee suggested there might be an economic issue for some who decide to register and pay the registration fee, but do not want to pay any more for the cost of being a consultant lobbyist, and therefore would no longer be part of a voluntary code of conduct.
Surely, there is a risk that, once registered, a lobbyist will simply decide not to bother with any of the voluntary codes of conduct. On 9 September, the hon. Member for Bedford (Richard Fuller) tried to argue, interestingly, that peer pressure would drive lobbyists to adhere to a voluntary code of conduct. Unfortunately, given that there are several voluntary codes across the industry, that would risk having different standards. Having one clear basic code of conduct would offer clarity about the minimum standards that lobbyists should meet, avoid confusion about which voluntary register was the best one and offer clarity to the House and the Government about the standards required of those who seek to lobby us. A code of conduct might also help to regulate those who want to lobby the Northern Ireland Assembly,
the Greater London Assembly or the National Assembly for Wales, were they to be included in the code of conduct.
One voluntary code that bears looking at is that produced by the Association of Professional Political Consultants. Why do not Ministers think that its 18 elements should be standardised across the industry? Item 2 states:
“Political consultants must act with honesty towards clients and the institutions of government.”
Surely, we all want to see consultant lobbyists acting with honesty towards clients and the institutions of government. Why do the Leader of the House and his colleagues in government think that such a provision should not be written into a code of conduct and that every consultant lobbyist should have to abide by that most basic of standards?
The APPC code also states that lobbyists
“must use reasonable endeavours to satisfy themselves of the truth and accuracy of all statements made or information provided to clients or by or on behalf of clients to institutions of government.”
Again, that seeks to continue the principle of truthfulness among those who seek to lobby Parliament and the institutions of government. Why should there not be such a reasonable expectation that when we are told something, it is truthful and accurate? It is not clear, certainly among the Opposition, why Ministers think that such basic standards should not be required of all those who lobby.
The APPC code also makes it clear that those who sign it should be
“open in disclosing the identity of their clients and must not misrepresent their interests.”
Again, I ask the Leader of the House why such a basic standard for the lobbying industry should not be enshrined in a code of conduct. Why should everyone who seeks to lobby us not be required to meet that most basic of standards?
Another provision that might be included in a code is the requirement that lobbyists do not make misleading, exaggerated or extravagant claims to clients. Anyone who has followed the unfortunate publicity that some lobbyists have generated will be aware that some have made exaggerated claims for their influence on the Government or Members of Parliament. Again, a basic requirement that lobbyists should not make misleading, exaggerated or extravagant claims would surely help to protect those who use the services of the lobbying industry. Why do Ministers not think that clients should be protected from such basic bad behaviour by a would-be lobbyist and therefore have it written into a code of conduct?
Interestingly, the APPC code deals with payments and offers of entertainment and mementoes. It makes it clear that
“political consultants must not offer or give, or cause a client to offer or give, any financial or other incentive to”
somebody in government
“that could be construed in any way as a bribe or solicitation of favour”
Again, that must be a basic standard we would want all consultant lobbyists to abide by. If one shares that view, it should be written into a code of conduct, so that all consultant lobbyists have to abide by it, not just those who, in this case, choose to be members of the APPC.