Draft Lobbying Transparency Bill Introduction

It is the next big scandal waiting to happen. Its an issue that crosses party lines and has tainted our politics for too long, an issue that exposes the far-too-cosy relationship between politics, government, business and money.
Rt Hon David Cameron MP Lobbying is an essential part of a healthy democracy. owever, professional lobbying ! an industry worth "# billion in the $% ! can subvert democracy by giving those with the greatest resources undue influence and privileged access to politicians. &he problem is, at the moment, most of this is done in secret. 'e cant ma(e an informed decision about what is or isnt appropriate. In #)*) the government committed itself to introducing a statutory register of lobbyists and following the latest scandal, has announced that their proposals will be published by +uly #)*,. owever we have a number of concerns about the government-s approach to a lobbying register. .irstly, that their definition a lobbyist would only cover about one fifth of the lobbying industry, specifically those wor(ing for multi-client lobbying agencies. /econdly, the information that they would be re0uired to disclose would not allow public scrutiny of lobbying activity, merely who was lobbying. &hirdly, it appears that the government may be adding on a number of tangential party funding reforms onto the lobbying bill, seemingly in an attempt to play party politics with the issue. 'e have a significant chance to ma(e progress on lobbying right now1 if 2avid 3ameron and 4ic( 3legg are serious about doing so, we suggest they focus on legislating for a robust and comprehensive lobbying register and cleaning up parliament. $nloc( 2emocracy and /pinwatch are campaigning for the introduction of a robust lobbying register that includes all lobbyists and provides information on who is lobbying whom, what they are lobbying for and how much money is being spent on lobbying. &his is our attempt at drafting a bill that could implement these proposals. 'hilst we are not experts in drafting legislation, this is based on lobbying transparency regulation from around the world and is the benchmar( by which we will 5udge the government-s proposals. &he draft bill is intended to stimulate debate about what a $% lobbying register should loo( li(e. If you have any comments or 0ueries please contact consultation6unloc(democracy.org.u(

Draft Lobbying Transparency Bill

7 8ill to increase the integrity of government decision-ma(ing by ensuring that lobbying ta(es place in as open a way as possible through the establishment of a public register of organisations and individuals that carry out lobbying of 9arliament and the :overnment in a professional capacity1 to introduce sanctions for non-compliance with the register and for related purposes. 8e it enacted by the ;ueens most <xcellent =a5esty, by and with the advice and consent of the Lords /piritual and &emporal, and 3ommons, in this present 9arliament assembled, and by the authority of the same, as follows> 1 Interpretation .or the purpose of this 7ct> 1 1 Lobbyist means a person who, for payment, underta(es lobbying activity as defined in ! ". It includes a person who engages in lobbying activity on behalf of a third party client ?consultant lobbyist@1 and an employee, officer, director, partner, proprietor or shareholder ?but not unpaid volunteers@ of an organisation who engages in lobbying activity on behalf of that organisation ?in-house lobbyist@1 sub5ect to the threshold set out in ! !. 1 # 9ublic official means> i@ =embers of either ouse of the $% 9arliament and their staff1 ii@ Individuals employed by or wor(ing in> a@ :overnment departments1 b@ <xecutive agencies, non-ministerial government departments and nondepartmental public bodies1 c@ Aegulatory bodies, including 0uasi-governmental regulatory agencies such as the .inancial 3onduct 7uthority1 d@ 7dvisors to the above, who are otherwise not employed by, or seconded to government but have an official, if temporary role. 1 $ Brganisation includes any of the following, whether incorporated, unincorporated, a partnership or a sole trader> i@ 3ompany incorporated under the 3ompanies 7ct1 ii@ 8usiness, trade, industry, enterprise, professional organisation 4on-profit organisation, association, charity, or interest group1 iii@ &rade union or staff association1 iv@ 3hamber of commerce or board of trade1 v@ .oreign :overnment, 8ritish Bverseas &erritory or 3rown 2ependency1 vi@ 3oalition or group of organisations.

1 ! 3ommunicate means to contact via oral or written communication, including electronic communications such as email or text messaging1 the circulation of information material or position papers1 or the organisation of events or any promotional activity in support of a lobbying position, which is then communicated to a public official. 1 " 9ayment means any gift contract, promise, or agreement to pay money or sponsorship to the organisation or the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the organiCation, including the services of any person. 1 % <xpenditure means monies spent, including salary costs, on lobbying activity 1 & Aegistrar is the body appointed by the /ecretary of /tate to> i@ implement this 7ct1 ii@ collect, publish and maintain the register of lobbyists1 iii@ monitor and enforce the code of conduct including investigation of alleged breaches of the code1 iv@ report annually to 9arliament on the operation of this 7ct and any amendments it deems necessary. # '(emptions # 1 &his 7ct does not apply to the following persons> i@ 7n individual constituent contacting or communicating with their =ember of 9arliament1 ii@ 9ublic officials acting in an official capacity1 iii@ <lected members or officials wor(ing in international bodies of which the $nited %ingdom is a member1 iv@ 7 person contracted to, or on secondment to government or otherwise acting in an official capacity on behalf of a government organisation1 v@ 2iplomats, consular officials or official representatives in the /tate of foreign governments when acting in their official capacity1 # # &his 7ct does not apply in respect of> i@ 7ny oral or written submission made to either ouse of 9arliament, or any of its committees in proceedings that are a matter of public record1 ii@ 7 public response to an invitation by government to submit information or evidence, or a public response to a government consultation exercise, or a formal response to a public invitation to tender1 iii@ 7dministrative re0uests made by lobbyists, where no attempt is made to influence. # $ .or the purposes of this 7ct, lobbying activity does not include> i@ 7ny oral or written communication that is made widely and publicly available, such as a speech1

ii@ 3ommunication directly related to negotiations on terms and conditions of employment of public service employees underta(en by trade union or staff association representatives on behalf of their members1 iii@ 3ommunication by media wor(ers in the course of their wor(. # ! In addition> 4othing in this 7ct shall be construed as re0uiring the disclosure of the name or identity of any individual where that disclosure could reasonably be expected to threaten the safety of that individual. $ Register of Lobbyists $ 1 7 Aegistrar shall establish and maintain a register to be (nown as the register of lobbyists, in which is (ept a record of all returns and other informationDdocuments submitted to the Aegistrar under the 7ct. $ # &he register shall be an electronic based system which is publicly available at all times via the internet for searching and viewing without charge. 7ll filings shall be made in electronic form. $ $ 7n individual or organisation that engages in lobbying activity without being registered may be liable on summary conviction to fine not exceeding level E on the standard scale. $ ! If the Aegistrar re0uests information to clarify any information that has been provided under section F, the registrant shall, in the prescribed form and manner, not later than thirty days after the re0uest is made, provide the Aegistrar with the information. ! Re)uirement to file return ! 1 7n organisation or an individual engaged in lobbying activity, as defined in ! " below, must complete a registration and file 0uarterly returns with the Aegistrar containing the information set out in " # and % # in the form and manner re0uired. ! # 7ny organisation that has one or more employees who are engaged in lobbying activity shall file a single registration under this section on behalf of and listing such employees. ! $ In the case of an organisation or an individual engaged in lobbying activity on behalf of more than one third party client, the organisation or individual shall file a separate registration under this section for each such client, on behalf of and listing all lobbyists for that client. ! ! &hreshold for in-house lobbyists> 7n organisation engaged in lobbying activity on its own behalf whose total expenditure in connection with lobbying activity does not exceed or is not expected to exceed "E))) over a three month period is not re0uired to register its lobbying activities as defined in section F.E under the 7ct.

! " .or the purposes of the 7ct an organisation or an individual is engaged in lobbying activity if, for payment, they underta(e to> a@ 7rrange or facilitate a formal or informal meeting with a public official1 b@ 3ommunicate with a public official1 c@ 7dvise others in a professional capacity in respect of a@ and b@1 d@ 'or( to support a@ and b@, including any supervision, planning, coordination with the lobbying activities of others, research or other bac(ground wor( that at the time it is done is intended for use in support of a meeting or communication with a public official. In respect of ! i@ &he holding of a debate or tabling of 0uestions in either ouse of 9arliament, the introduction of any 8ill, motion or resolution in either ouse of 9arliament or the passage, defeat or amendment of any 8ill or resolution that is before either ouse of 9arliament1 ii@ &he formulation, modification, or adoption of regulation, policy, or position of = :overnment1 iii@ &he awarding of any contract, grant or other financial benefit by or on behalf of = :overnment. " Registration " 1 7n organisation or individual re0uired to register must do so, in the prescribed form and manner, with the Aegistrar> ?a@ in the case of an organisation or individual engaged in lobbying activity on behalf of a third party client, within *F days of commencement of a contract1 ?b@ in the case of an organisation engaged in lobbying activity on its own behalf, within ,) days of the commencement of lobbying activity. " # &he registration shall set out the following information> ?a@ the name and business address of the registrant, and a general description of its business or activities1 ?b@ the name and business address of the registrants client, and a general description of its business, if different from ?a@1 ?c@ the name and business address of any organisation, other than the client, that funds the lobbying activities of the registrant or actively participates in the planning, supervision, or control of such lobbying activities. ?d@ where the registrant is a coalition, the name and business address of each member organisation of the coalition1 ?e@ the name of each employee of the registrant who has acted or whom the registrant expects to act as a lobbyist on behalf of the organisation or client and, if any such employee has served as a public official in the ten years before the date on which the employee first acted as a lobbyist on behalf of the organisation or client, the position in which such employee served1 and whether that employee is a 9arliamentary pass-holder1

?f@ information to identify the sub5ect-matter of the lobbying activity1 ?g@ information to identify any relevant legislative proposal, 8ill, resolution, regulation, policy, program, grant, contribution, financial benefit or contract1 ?h@ the name of any department or other governmental institution in which any public office holder is employed or serves at whom the lobbying activity is directed1 ?i@ information to identify any communication techni0ue that the registrant uses or expects to use in connection with any communication with a public official, including> ?i@ any appeals to the general public, or segments thereof, through the mass media or by direct communication that see( to persuade those members of the public to communicate directly with a public official in an attempt to place pressure on the public official to endorse a particular opinion1 this does not apply to an appeal by an organisation directed to its members, employees, officers, or shareholders. ?ii@ the name of any secondary organisation that is funded by the registrant and which in turn engages in lobbying activity to the direct or indirect benefit of the registrant. " $ 7 registrant who after registration is no longer engaged in lobbying activity, either on its own behalf, or has ceased to be retained by a third party, may so notify the Aegistrar and terminate registration. % *uarterly reports by registered lobbyists % 1 Aegistrants are re0uired to file 0uarterly reports no later than #) days after the end of the 0uarterly period beginning on the first day of +anuary, 7pril, +uly, and Bctober of each year in which a registrant is registered. % # &he 0uarterly reports shall set out the information re0uired in " # with the additional re0uirement of the following financial disclosure> ?a@ in the case of a registrant engaged in lobbying activity on its own behalf, a good faith estimate of the total expenditure that the registrant and its employees incurred in connection with lobbying activity during the 0uarterly period1 ?b@ in the case of a lobbying activity on behalf of a third party client, a good faith estimate of the total amount of all income from the client ?including any payments to the registrant by any other person for lobbying activities on behalf of the client@ during the 0uarterly period, other than income for matters that are unrelated to lobbying activities. % $ <stimates above "*),))) shall be rounded to the nearest "*),))). If estimates do not exceed "*),))), it should be reported as less than "*),))). % ! 7 registrant who files a return shall provide the Aegistrar with such information as the Aegistrar may re0uest to clarify any information that the individual has provided to the Aegistrar, and shall do so not later than thirty days after the re0uest is made.

% " &he obligation to file a return terminates when the registrant no longer engages in lobbying activity and a report has been filed with the Aegistrar advising of that fact. & Code of Conduct & 1 &he Aegistrar shall, after consulting with relevant sta(eholders, prepare a code of conduct with which those included on the register shall comply, and may produce revised codes from time to time & # &he /ecretary of /tate shall give statutory effect to this code and any subse0uent code by order. & $ &he Aegistrar must conduct an investigation if he or she has reason to believe, that an investigation is necessary to identify a breach of the 3ode or to ensure compliance with the 3ode. & ! 8efore ma(ing a finding that an individual or organisation has breached the 3ode, the Aegistrar must provide the individual or body with a reasonable opportunity to present their views to the Aegistrar. & " 'here the Aegistrar finds that a breach of the 3ode has occurred he or she must consider whether any individual involved in the activity constituting the breach should be suspended for a period of time as the Aegistrar thin(s fit, or removed permanently, from the Aegister of Lobbyists. & % 'hen an individual is suspended or removed from the register under this section the Aegistrar must without delay, submit a report to the /pea(er of both ouses of 9arliament and notify in writing, the following persons> ?i@ every member of 9arliament> ?ii@ every chief executive officer of a government department. + ,nnual report to Parliament + 1 &he Aegistrar must provide 9arliament with an annual report concerning the administration of this 7ct for the period covered by the annual report. + # &he Aegistrar may, at any time, prepare a special report to 9arliament concerning any matter under this 7ct if, in the opinion of the Aegistrar the matter is of such urgency or importance that a report on it should not be deferred until the next annual report.