Let me make some progress, then I will give way again. There are quite a number of amendments in the group and I want to address each of them briefly.
New clause 6 requires that the registrar provide an annual report to the Political and Constitutional Reform Committee. The Chair of the Committee did not, I think, refer to new clause 6, and I am not aware that the Committee made such a proposal. If the Committee wants to call the registrar to give evidence to it on an annual basis, it is quite within its rights to do so, and the Government would be happy to support that, but we do not believe it is appropriate to set this down as a statutory requirement.
Opposition amendment 84 requires the Minister to consult the PCRC before dismissing the registrar—another interesting proposal, but I am not sure that the amendment adds anything of substance to the Bill. In essence, this is part of the same issue as the independence of the registrar, which I believe is already made clear in the wording of the Bill. The registrar will be independent of the lobbying industry and the Government and will have a clear remit to operate independently of both. The Minister will be able to dismiss the registrar only when he or she is satisfied that the registrar is unable, unwilling or unfit to perform the functions of his or her office, and any decision by the Minster could be challenged in the usual way via judicial review.
Opposition amendment 85 removes the requirement that lobbyists who have no business address must register their private residence. I can understand the concern to protect the privacy of individuals on the register, especially given the more onerous and invasive reporting requirements proposed elsewhere by the Opposition, but I am not sure that the removal of the requirement to register an address is a helpful one. A registered address is critical if the registrar is successfully to issue information notices, investigate compliance, and serve penalty notices. The great majority of consultant lobbyists will have one or more dedicated business addresses, so no issue will arise. The handful of individual consultant lobbyists who have no separate business address—I recognise that there is no requirement to register for those who do not meet the threshold of undertaking a business that is VAT-registered—can choose to obtain such an address and use that or they can submit their personal residential address. I therefore do not agree that this step is a wise one.
Given the Opposition’s concern about privacy, do they really want to require, as proposed by their amendment 86, that every organisation that lobbies must declare the names of all members of staff employed? Let us take an example. Given the way in which other Opposition amendments would apply, if an academic were engaged in contact with a Minister in pursuance of a subject on which they had undertaken research, the Opposition’s definition—not ours—would require that to be registered, whereas we would say that that was incidental and that the academic was not engaged mainly in lobbying activity. The Opposition would say that it should be included and, by extension, the names of everybody who works for the university should be entered in the register. That is unrealistic and makes no sense.
Amendments 87, 89 and 90 would amend the information requirements outlined in clause 4 to require that lobbyists also disclose financial information. Amendment 100, as I mentioned earlier, would alter the information
requirements outlined in clause 4. We have been very clear that the objective of the register is the identification of the interests that are being represented by consultant lobbying firms. Lobbyists should therefore be required to disclose their clients. We are not persuaded that the burden of providing further information that would be imposed on the industry and the regulator is justified by the limited insight that it would provide. One can readily envisage the administrative nightmare that would result from trying to determine the costs of lobbying activity, especially where this had to be disaggregated from wider business activities. Requiring the disclosure of financial information relating to lobbying activity is not, in our view, proportionate to the problem identified.
Amendment 92 makes it explicit that the registrar may publish the register in written form. I can assure the Opposition that this is already implicit in 7(2), which states that the register may publish the register
“in such other form or forms as the Registrar thinks appropriate.”
The registrar can do whatever is necessary, including publishing the register in written form.