Meeting of the Parliament 07 January 2016
The Lobbying (Scotland) Bill is an unusual bill: it has been introduced by the Government, but is parliamentary in nature. For that reason, I have been keen from the outset to work closely with Parliament to ensure that its views are reflected in the proposed legislation.
We all agree that lobbying is a legitimate activity, and we recognise the valuable contribution that it makes to informing policy making in Scotland. However, it is right that we seek to improve transparency in lobbying activity in order to retain the public’s trust, particularly in the light of continuing constitutional change. The results of a recent poll that was commissioned by the Scottish alliance for lobbying transparency indicated that three quarters of public respondents were in favour of the creation of a register. Therefore, our shared objective is to ensure that Parliament puts in place a robust, workable and, above all, proportionate lobbying registration scheme. We must do so while listening to the views of a range of stakeholders. The Government’s Lobbying (Scotland) Bill is founded firmly on that basis of its being a shared endeavour.
When the Government announced its intention to legislate on lobbying, its rationale for doing so was made clear. The question whether Parliament should establish a lobbying register was and remains significant, and requires careful consideration. Therefore, the Government was persuaded that it should put its full weight and resources behind the proposal, but recognised from the outset the need to reflect Parliament’s wishes. I remain firmly of the view that the end product must be something that members across the chamber will be able to stand behind. The debate allows that process to continue.
Against that backdrop, we welcomed the late Helen Eadie’s suggestion that the Standards, Procedures and Public Appointments Committee contribute to determining what measures would be appropriate in the Scottish context by holding a committee inquiry. I am grateful to Parliament and the committee for its close involvement in progression of the bill, the detail of which I will outline later.
For the Government’s part, throughout the development of the bill, ministers have been guided by three underpinning principles. First, there cannot be any erosion of Parliament’s principles of openness, ease of access and accountability. Civic engagement is something that Parliament does well and which people truly welcome. Many people have commented on the Scottish Parliament’s openness and hold that accessibility in high regard. The valuable relationships that Parliament has fashioned with all Scottish stakeholders have not only contributed to its many successes but have been integral to its swift development into a significant and trusted feature within Scottish society.
The second guiding principle is that the register of lobbyists must complement rather than duplicate current transparency measures. Many frameworks have been established within Parliament and the Government to deliver probity around lobbying. A lobbying register must be developed to fit within that landscape, as opposed to being viewed as a single catch-all solution.
The third principle is that the new arrangements need to be proportionate, to be simple in their operation and to command broad support both within and outwith Parliament; proportionality and simplicity are key considerations. We need to minimise the burden on those who will need to register and they will need to be clear about what is expected of them in order that they comply with the new scheme. On Parliament being the operator of the registration scheme, the parliamentary authorities also need arrangements that are as clear as possible for the public and which avoid capturing activity that would reasonably be viewed as trivial or as immaterial to the purpose.
Those three underpinning principles have been generally welcomed by stakeholders and are at the heart of the bill that I have presented to Parliament. They will continue to guide my thinking as the bill proceeds through its parliamentary stages, and to guide my thinking in respect of representations for change that are put to me.
Our policy objective is to ensure that we maintain the public’s trust in Parliament as an institution by bringing added transparency. Our aim is to shed light on lobbying activity that is designed to influence the actions of ministers and members for a particular purpose: the bill is not intended to interfere with the day-to-day relationships that each of us has with our constituents. Patricia Ferguson made a very important point during evidence at the Standards, Procedures and Public Appointments Committee on 19 November when she highlighted the importance of being clear that the register should be designed to capture lobbying, but not simple engagement. I agree fully with that: we must ensure that we do not unwittingly erode legitimate engagement between the public and their elected representatives. I will therefore continue to consider the bill carefully in relation to the discussions that elected members have with their constituents, and I will in due course consider any necessary changes to protect the relationship between members and their constituents.
I mentioned the key role that the Standards, Procedures and Public Appointments Committee has played in helping to develop the policy in the bill. As I said, the Government welcomed the committee’s announcement in September 2013 that it would hold an inquiry into lobbying. That inquiry took evidence from a wide range of stakeholders including campaign groups, representatives of the consultant lobbying industry, the voluntary and business sectors and academics. The inquiry concluded in February of 2015 with the publication of the committee’s report.
That report reaffirmed what has become the universal conclusion, which is that lobbying is a “legitimate and valuable activity”. The committee invited the Government to adopt recommendations that were set out in the report as the basis for proposed legislation to establish a lobbying register. The report confirmed the committee’s view that a register based on its recommendations
“would constitute a substantial new body of information which would make a notable contribution to increasing transparency”.
The committee also invited the Government to work closely with the Scottish Parliamentary Corporate Body on any proposals that would impact on parliamentary resources.
The committee’s 2015 report was pivotal in helping to shape the bill that is now before Parliament. Indeed, of the 17 recommendations in the February 2015 report, 12 fall within the scope of the bill and all of those have been reflected in whole or in part.
The Government consulted on its proposals for legislation, as informed by the committee’s conclusions, and the feedback that was received has influenced the draft legislation.
I turn to the Standards, Procedures and Public Appointments Committee’s stage 1 report. We welcome the committee’s support for the bill’s general principles. Given that the proposals in the bill will impact on every single member, it is very important that we take the views of the chamber as a whole prior to finalising and publishing the Government’s formal response. That is consistent with the inclusive approach that has typified the development of the bill.
However, I wish to offer colleagues some initial thoughts on the content of the stage 1 report. The committee’s agreement to the bill’s core principle of focusing on lobbying involving payment is welcome. That principle underpins the nature of the lobbying activity that we understand to be relevant for capture, and it helps to distinguish such activity from engagement between a constituent and his or her elected representative.
Members will note that unpaid lobbying does not require to be registered, although the bill allows for voluntary registration of unpaid lobbying activity, but I note that the committee’s thinking has moved on in relation to two key areas of the model that it endorsed in February 2015. First, the committee has asked the Government to review whether the scope of the bill should be widened to include communications of any kind. The Government is willing to keep an open mind on that issue and to listen to whatever evidence is made available to support such a position, but it will not surprise members to hear that the Government is extremely cautious about the merits of that approach.