Session 2013-14
Other Public Bills before Parliament
Bill Home Page
Transparency of Lobbying, Non-Party
Campaigning and Trade Union Administration
Bill
to be moved
in committee
Clause 1
LORD HARDIE
Page 1, line 5, leave out “carry on the business of consultant” and insert “engage in
professional”
LORD CAMPBELL-SAVOURS
Page 1, line 5, after “lobbying” insert “of government or Parliament”
LORD HARDIE
Page 1, line 6, leave out “consultant” and insert “professional”
Clause 2
LORD HARDIE
Page 1, line 10, leave out “carries on the business of consultant” and insert “engages
in professional”
Page 1, line 12, after “business” insert “of lobbying, which is registered under the
Value Added Tax Act 1994, or
(aa) in the case of a registered person engaged in lobbying on his own
behalf, he directly or indirectly through an employee makes
communications within subsection (3) on his own behalf,”
LORD NORTON OF LOUTH
Page 1, line 14, at end insert “or
( ) as an employee of another person that individual makes
communications within subsection (3) on behalf of that person,”
LORD CAMPBELL-SAVOURS
Page 2, line 2, at end insert—
“( ) the person intervenes in circumstances where a relationship exists
between the person who is the subject of the intervention and the
person making the intervention and the latter person is likely to be
the beneficiary of a financial consideration”
Page 2, line 5, after “communications” insert “or interventions”
LORD HARDIE
Page 2, line 5, leave out “or written” and insert “, written or electronic”
Page 2, line 6, leave out “or permanent secretary” and insert “, Parliamentary
Private Secretary, civil servant or political adviser”
LORD NORTON OF LOUTH
Page 2, line 7, after “secretary” insert “or a member of the Senior Civil Service, or a
Minister of the Crown’s special advisor, or a person appointed by the Minister of
the Crown as his parliamentary private secretary”
LORD HARDIE
Page 2, line 18, leave out “Minister or permanent secretary” and insert “person
receiving the communication”
Page 2, leave out lines 26 to 30 and insert—
““political adviser” means a person appointed by a Minister and
employed within government to provide it with political advice or
assistance with media communications (or both).”
LORD NORTON OF LOUTH
Page 2, line 30, at end insert—
““special adviser” has the meaning given in section 15(1) of the
Constitutional Reform and Governance Act 2010.”
Schedule 1
LORD HARDIE
Page 53, line 3, after “Power” insert “, whether or not that Power has diplomatic
relations with the United Kingdom or is a member of the United Nations”
LORD HARDIE
LORD NORTON OF LOUTH
Page 54, line 10, leave out paragraph 9
LORD HARDIE
Page 54, line 14, leave out paragraph 10
Clause 3
LORD HARDIE
Page 2, line 33, leave out “Consultant” and insert “Professional”
Schedule 2
LORD HARDIE
Page 55, line 8, leave out “or a permanent secretary” and insert “, a civil servant or
a political adviser”
Page 55, line 9, leave out paragraph (b) and insert—
“(b) was engaged in professional lobbying”
Page 55, line 11, leave out ““permanent secretary”” and insert ““political adviser””
Page 56, line 12, leave out “Consultant” and insert “Professional”
Page 56, line 16, leave out “Consultant” and insert “Professional”
Page 56, line 20, leave out “Consultant” and insert “Professional”
Clause 4
LORD HARDIE
Page 2, line 36, leave out “consultant” and insert “professional”
LORD NORTON OF LOUTH
Page 3, line 3, at end insert—
“( ) in the case of an employee, the name and address of the person or
business employing him;”
LORD HARDIE
Page 3, line 10, leave out “consultant” and insert “professional”
LORD CAMPBELL-SAVOURS
Page 3, line 20, at end insert—
“( ) the name of a person who has received or expects to receive
payment for lobbying undertaken by the registered person”
Page 3, line 20, at end insert—
“( ) the name of persons who have been lobbied and the subject of the
lobbying”
Page 3, line 31, at end insert—
“( ) A person, company or partnership (including a limited liability
partnership) listed on the register of consultant lobbyists shall not in any
communication issued use the image of the portcullis or any other image
representing Parliament.”
LORD MARTIN OF SPRINGBURN
Page 3, line 31, at end insert—
“( ) The Corporate Officer of the House of Commons shall ensure that a person
named on the register of consultant lobbyists under subsections (2)(a)(ii) or
(2)(b) to (2)(e) does not hold any pass or accreditation issued by the House
of Commons to members of the Parliamentary Press Gallery.”
Clause 5
LORD HARDIE
Page 4, line 4, after “question” insert—
“(a) in the case of a registered person engaged in the business of
consultant lobbying, or”
Page 4, line 5, after “lobbying” insert “, or
(b) in the case of a registered person engaged in lobbying on his own
behalf, the registered person did not engage in lobbying”
After Clause 5
LORD HARDIE
Insert the following new Clause—
(1) The Registrar must also keep and publish a register of lobbying activities.
(2) Professional lobbyists must submit a return of lobbying activities to the
Registrar for each quarter.
(3) Ministers of the Crown, civil servants and political activists who are
involved in lobbying activities in any quarter must submit a return of
lobbying activities for that quarter.
(4) If there was any lobbying activity in a quarter, the return of lobbying
activities for that quarter must include the following details—
(a) the respective identities of each of the lobbyist, the Minister of the
Crown, the Parliamentary Private Secretary, civil servant or
political adviser involved in such activity,
(b) the dates of any communications between the lobbyist and the
Minister of the Crown, the Parliamentary Private Secretary, civil
servant or political adviser and the subject of the discussion, and
(c) the manner of such communications.
(5) Regulations may make further provision in connection with the register
and in particular may specify further details which must be disclosed in a
return of lobbying activities for a quarter.
(6) The return of lobbying activities for a quarter must be submitted before the
end of the period of 2 weeks beginning immediately after the end of the
quarter.
(7) In this section “lobbying activities” includes any oral, written or electronic
communication between a professional lobbyist and a Minister of the
Crown, a Parliamentary Private Secretary, a civil servant or a political
activist relating to the matters specified in section 2(3).”
Clause 6
LORD HARDIE
Page 4, line 9, leave out “register” and insert “registers”
Page 4, line 12, after first “register” insert “of professional lobbyists”
Page 4, line 15, leave out “register” and insert “registers”
Page 4, line 16, at end insert “and any details included in a quarterly return of
lobbying activities”
Page 4, line 19, after “5(6)” insert “or (The register of lobbying activities)(6)”
Page 4, line 25, leave out “consultant” and insert “professional”
LORD CAMPBELL-SAVOURS
Page 4 , line 27, at end insert—
“( ) If the Registrar has reasonable grounds for believing that a registered
person is not (or is no longer) fit to act as a consultant lobbyist, the Registrar
may decide that the registered persons shall be removed from the
Register.”
LORD HARDIE
Page 4, line 27, at end insert—
“(6A) A registered person who is aggrieved by the Registrar’s decision in terms
of subsection (6) may appeal to the Tribunal against that decision.”
LORD CAMPBELL-SAVOURS
Page 4 , line 31, at end insert—
“( ) A person shall be regarded by the Registrar as unfit to act as a consultant
lobbyist if that person has acted in such a way as to—
(a) bring Parliament into disrepute;
(b) compromise the independence of civil servants;
(c) commit an offence under section 12.”
Clause 7
LORD HARDIE
Page 4, line 33, leave out “register” and insert “registers”
Page 4, line 36, leave out “register” and insert “registers”
Clause 9
LORD HARDIE
Page 5, line 12, leave out “consultant” and insert “professional”
Page 5, line 12, after “lobbyist” insert “; or
“(c) any Minister of the Crown, Parliamentary Private Secretary, civil
servant or political adviser or any other person whom he has reason
to believe ought to have submitted a return of lobbying activities to
him in accordance with this Part but has failed to do so.”
Clause 12
LORD HARDIE
Page 6, line 22, leave out “carries on the business of consultant” and insert “engages
in professional”
LORD NORTON OF LOUTH
Page 6, line 25, after “employee” insert “or employer”
LORD HARDIE
Page 6, line 32, after “5” insert “or (The register of lobbying activities)”
Page 6, line 32, at end insert—
“(2A) Where a person is required to submit to the Registrar a quarterly return of
lobbying activities under section (The register of lobbying activities)(2) or (3),
it is an offence for the person—
(a) to fail to do so within the period specified in section (The register of
lobbying activities)(6), or
(b) to provide information which is inaccurate or incomplete in a
material particular.”
Page 6, line 35, after “5(6)” insert “or (The register of lobbying activities)(6)”
Clause 16
LORD HARDIE
Page 8, line 30, leave out “£7500” and insert “£5000”
Clause 18
LORD HARDIE
Page 9, line 14, after “convicted” insert “or acquitted”
Clause 21
LORD HARDIE
Page 10, line 13, leave out “carrying on the business of consultant” and insert
“engaging in professional”
Clause 22
LORD CAMPBELL-SAVOURS
Page 10 , line 31, leave out subsections (2) and (3) and insert—
“( ) The charges shall be set as a percentage of turnover of those persons,
companies and partnerships who are registered and that percentage shall
be set in accordance with regulations.”
Clause 23
LORD HARDIE
Page 11, line 7, at end insert “or (The register of lobbying activities)”
After Clause 24
LORD NORTON OF LOUTH
Insert the following new Clause—
(1) A Minister of the Crown at the time of making a statement relating to any
of the matters referred to in section 3(3)(a), (b), (c) and (d), shall publish
details of any oral or written communication received in respect of that
matter by the Minister of the Crown, or civil servants within the Minister’s
Department, or a special adviser, or the Minister’s parliamentary private
secretary.
(2) Communications are exempt from the provisions of subsection (1) if in the
Minister’s judgment they contain material that is commercially sensitive or
have the potential to affect adversely national security.”
Clause 25
LORD HARDIE
Page 11, line 35, leave out “consultant” and insert “professional”
Page 11, line 36, leave out “consultant” and insert “professional”
Page 11, leave out lines 39 and 40
After Schedule 4
LORD CAMPBELL-SAVOURS
Insert the following new Schedule—
“SCHEDULE4A
TAX RELIEF ON DONATIONS
After Schedule 6 of the Political Parties, Elections and Referendums Act
2000, insert—
“SCHEDULE 6A
TAX RELIEF ON DONATIONS
1 To obtain tax relief under section (Tax relief on donations), the
conditions set out in paragraph 2 must be satisfied.
2 (1) The individual who made the donation is a permissible donor.
(2) The registered political party to which the donation is made is
a party which, at the last general election preceding the
donation, had at least two members elected to the House of
Commons.
(3) Conditions A to F in section 416 of the Income Tax Act 2007
(c. 3) (meaning of “qualifying donation”) would have been met
if the donations had been made to a charity.
(4) The donor has given a declaration in the manner specified by
regulations made by the Commissioners for Her Majesty’s
Revenue and Customs and containing any information and
any statements required by regulations.
3 Regulations made under paragraph 2(4) may provide for
declarations—
(a) to have effect;
(b) to cease to have effect;
(c) to be treated as never having had effect,
in any circumstances and for any purposes specified by the regulations.
in any circumstances and for any purposes specified by the regulations.
4 Regulations made under paragraph 2(4) are subject to
annulment pursuant to a resolution of the House of Commons.
5 Tax relief in relation to donations given by an individual must
not exceed—
(a) £16 in the tax year 2014-2015;
(b) £16 in the tax year 2015-2016;
(c) £96 in the tax year 2016-2017;
(d) an amount to be set by regulations made by the
Secretary of State in subsequent fiscal years.
6 Tax relief shall not be given on higher rate income tax.
7 The amount of tax relief (subject to paragraphs 5 and 6) shall
be computed and allocated to the political party to which the
donation was given as if that party was a charity to which
Chapter 2 of Part 8 of the Income Tax Act 2007 applies.””
After Clause 35
LORD CAMPBELL-SAVOURS
Insert the following new Clause—
“PART 2A
TAX RELIEF ON DONATIONS
Tax relief on donations
(1) In the Political Parties, Elections and Referendums Act 2000, after
section 70 insert—
“70A Tax relief on donations
Tax relief shall be given, subject to Schedule (Tax relief on donations),
to individuals who make donations to a registered political party.”
(2) Schedule (Tax relief on donations) has effect.”
Clause 38
LORD CAMPBELL-SAVOURS
Page 43, line 15, at end insert “and in giving that direction must state the reasons
why such a direction is being given”
Page 43, line 21, at end insert—
“( ) shall provide an assurance to persons representing trade union
branches or sections of a trade union that the use of the information
made available in the relevant documents will only be used for the
purposes as supported by reasons set out in this subsection”
Page 44, line 39, at end insert “and to the trade unions and individual members of
trade unions”