Transparency of Lobbying, Non-Party
Campaigning and Trade Union Administration
Bill

Page 1, line 5, leave out “carry on the business of consultant” and insert “engage in
professional”

Page 1, line 5, leave out “consultant” and insert “professional”

Page 1, line 5, after “lobbying” insert “of government or Parliament”

Page 1, line 6, leave out “consultant” and insert “professional”

Page 1, line 6, at end insert “and the person has signed up to the Register’s Code of
Conduct”

Page 1, line 10, leave out “carries on the business of consultant” and insert “engages
in professional”

Page 1, line 10, leave out “consultant” and insert “professional”

Page 1, line 12, leave out “a business” and insert “their lobbying activity”

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,”

Page 1, line 12, leave out “and in return for payment”

Page 1, line 13, leave out “on behalf of another person or persons”

Page 1, line 14, at end insert “or in return for payment, provides professional
advice on how to lobby within subsection (3)”

Page 1, line 14, at end insert “or employer”

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,”

Page 2, line 1, leave out paragraph (b)

Page 2, line 1, leave out paragraph (b) and insert—

“( )   the person concerned is trading as a sole trader or company, or is an
employee of such a person”

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, leave out subsection (3) and insert—

“(3)   The communications within this subsection are oral or written, including
electronic communications made personally to a Member of either House
of Parliament, a Minister of the Crown or permanent secretary or senior
civil servant or special advisor relating to—

(a)   the development, adoption or modification of any proposal of the
Government to make or amend primary or subordinate legislation;

(b)   the development, adoption or modification of any other policy of
the Government;

(c)   the making, giving or issuing by the Government of, or the taking
of any other steps by the Government in relation to—

(i)   any contract or other agreement,

(ii)   any grant or other financial assistance, or

(iii)   any licence or other authorisation; or

(d)   the exercise of any other function of the Government.”

Page 2, line 5, after “communications” insert “or interventions”

Page 2, line 5, leave out “or written” and insert “, written or electronic”

Page 2, line 5, after “written” insert “including electronic”

Page 2, line 6, leave out from “communications” to “relating” and insert “made to
the government or parliament, as defined in subsection (5)”

Page 2, line 6, leave out “a Minister of the Crown or permanent secretary” and
insert—

“(a)   a Minister of the Crown;

(b)   a special adviser to a Minister of the Crown;

(c)   a parliamentary private secretary to a Minister of the Crown;

(d)   a permanent secretary;

(e)   the chair of the governing board of a non-ministerial government
department;

(f)   the chief executive of a non-ministerial government department
irrespective of their civil service grade;

(g)   the chief scientific adviser to a government department;”

Page 2, line 6, leave out “or permanent secretary” and insert “, Parliamentary
Private Secretary, civil servant or political adviser”

Page 2, line 7, after “secretary” insert “or special adviser”

Page 2, line 7, after “secretary” insert “or in the six months prior to a general
election to the salaried Leader of the Opposition and those Opposition members in
receipt of financial support”

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”

Page 2, line 9, after “subordinate” add “, or European”

Page 2, line 17, at end insert “or parliament”

Page 2, line 17, at end insert—

“( )   Oral communications in this section either in person, by telephone, video
or other electronic means must take place in the presence of a civil service
note taker and that requirement does not preclude the person making the
communication from having their own note taker present.”

Page 2, line 18, leave out “Minister or permanent secretary” and insert “person
receiving the communication”

Page 2, line 18, leave out “Minister or permanent secretary” and insert “person
being lobbied”

Page 2, leave out lines 22 to 30 and insert—

““government and parliament” includes, within the United
Kingdom—

(a)   Ministers or officials of government departments;

(b)   Members and staff of either House of Parliament;

(c)   Special Advisers and senior civil servants;

(d)   Non-Ministerial Departments, Non-departmental public
bodies and executive agencies and their senior staff;

(e)   Advisors and consultants to government and parliament
within the meaning of this subsection, who are not
employed by, or seconded to government or parliament but
have an official, if temporary role.”

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).”

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.”

Page 2, line 30, at end insert—

““Senior civil servant” means a person holding a position of Grade 5
or above in the Civil Service of the State

“special advisor” had the same meaning as in the Constitutional
Reform and Governance Act 2010.”

Page 52, line 6, leave out paragraph 1

Page 52, line 7, leave out “consultant” and insert “professional”

Page 52, leave out lines 8 to 11 and insert—

“(a)   the person is a constituent contacting or communicating with
their Member of Parliament;

(b)   the person is making communications solely on his or her own
behalf;

(c)   the person is responding to a government consultation exercise;

(d)   the person is responding to an invitation to submit information
or evidence to a Parliamentary Select Committee or Public Bill
Committee;

(e)   the person is acting in an official capacity on behalf of a
government organisation;

(f)   a person is making communications without remuneration;

(g)   the person is responding to or complying with a court order.”

Page 52, line 8, leave out “mainly”

Page 52, line 12, leave out sub-paragraph (2) and insert—

“(2)   A person is carrying on the business of professional lobbying if they are
acting—

(a)   on behalf of a client, or

(b)   on behalf of an employer.”

Page 52, line 16, leave out paragraph (3)

Page 52, line 20, leave out paragraph 4

Page 52, line 31, leave out paragraph 2

Page 52, line 31, leave out “consultant” and insert “professional”

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”

Page 53, line 6, leave out “consultant” and insert “professional”

Page 53, line 37, leave out paragraph 6

Page 54, line 4, leave out paragraph 7

Page 54, line 10, leave out paragraph 9

Page 54, line 10, leave out from “individual” to end of line 11 and insert “makes
communications on behalf of another person irrespective of whether the
individual is an employee of that person”

Page 54, line 14, leave out paragraph 10

Page 2, line 33, leave out “Consultant” and insert “Professional”

Page 54, line 31, after “Minister” insert “after consultation with the Political and
Constitutional Reform Committee”

Page 55, line 5, at end insert—

“( )   Before dismissing the Registrar, the Minister shall consult the Speaker of
the House of Commons and the Lord Speaker in the House of Lords.”

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”

Page 2, line 36, leave out “consultant” and insert “professional”

Page 2, line 36, at end insert “alongside a central database of meetings between
Ministers and external organisations, as recorded under the Ministerial Code”

Page 3, line 3, at end insert—

“( )   in the case of an employee, the name and address of the person or
business employing him;”

Page 3, line 5, leave out from “business” to the end of line 6

Page 3, line 10, leave out “consultant” and insert “professional”

Page 3, line 13, at end insert—

“( )   the name of the employer and the address of employer’s business;
and

( )   the names of the members of staff employed by the person
registered.”

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 20, at end insert—

“( )   the approximate value of the registered person’s spending on their
lobbying activities for each quarter”

Page 3, line 28, at end insert—

“(c)   specify any other information required under section 4(2) to be
included in the register”

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.”

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.”

Insert the following new Clause—

“Annual reporting on the operation of the register

The Registrar will report annually to the Political and Constitutional
Reform Committee of the House of Commons on the operation of the
Register.”

Page 3, line 36, after “information” insert “and spending on lobbying”

Page 3, line 46, at end insert—

“(c)   if the registered person engaged in lobbying in the quarter in return
for payment (whether or not the payment has been received), the
purpose and subject matter of the lobbying services provided by the
registered person; and

(d)   if the registered person received payment in the quarter to engage
in lobbying (whether or not lobbying has been done) the purpose
and subject matter of the lobbying services provided by the
registered person.”

Page 3, line 46, at end insert—

“( )   Spending on lobbying for each quarter is the approximate value of the
amount a registered person spends on their lobbying activity for each
quarter.”

Page 4, line 2, at end insert “with reference to any voluntary code to which the
persons mentioned may have subscribed”

Page 4, line 4, after “question” insert—

“(a)   in the case of a registered person engaged in the business of
consultant lobbying,”

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”

Insert the following new Clause—

“The register of lobbying activities

(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).”

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”

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.”

Page 4, line 27, at end insert—

“( )   A registered person who is aggrieved by the Registrar’s decision in terms
of subsection (6) may appeal to the Tribunal against that decision.”

Page 4 , line 27, 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.”

Page 4, line 33, leave out “register” and insert “registers”

Page 4, line 36, leave out “register” and insert “registers”

Insert the following new Clause—

“Duty to apply a code of conduct

(1)   The Registrar shall, after consultation with relevant stakeholders,
including the Political and Constitutional Reform Committee of the House
of Commons, prepare a code of conduct with which all registered persons
will be required to comply, and may produce revised codes from time to
time.

(2)   The Secretary of State must lay any professional lobbying code of conduct
before Parliament.

(3)   Any code shall provide that any inappropriate financial relations between
registered persons and Parliamentarians are strictly forbidden.

(4)   An organisation or person included on the register which contravenes the
provisions of the code of conduct shall be liable to civil penalties as set out
in section 14.”

Insert the following new Clause—

“Professional lobbyists taking up employment in Government

(1)   Any professional lobbyist taking up a senior position in Government
shall—

(a)   have their appointment scrutinised by a Committee; and

(b)   have restrictions placed on their activities as set out in subsection
(3).

(2)   “Senior position in Government” means a position as Senior Civil Servant
or their equivalent.

(3)   The Minister, after consultation with relevant stakeholders, may make
regulations about the activities specified in (1)(b).”

Insert the following new Clause—

“Disclosure of names of professional lobbyists

(1)   The Government must disclose the names of all persons who are
professional lobbyists that work for them, including senior persons—

(a)   who are employed directly by the UK Government;

(b)   who are formally employed by the political party or parties that
form the Government;

(c)   who are employed on a temporary basis as consultants; and

(d)   contractors.”

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.”

Page 6, line 22, leave out “carries on the business of consultant” and insert “engages
in professional”

Page 6, line 22, leave out “consultant” and insert “professional”

Page 6, line 25, after “employee” insert “or employer”

Page 6, line 28, after incomplete, insert “or misleading”.

Page 6, line 31, 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)”

Page 6, line 36, or after “incomplete” insert “or misleading”.

Page 6, line 42, insert “or misleading”.

Insert the following new Clause—

“Removal from the register

If the Registrar determines that a person registered under section 4 has
breached the Bribery Act 2010, that person will be removed from the
register”.

Page 7, line 42, at end insert “or breaches the code of conduct”

Page 8, line 30, leave out “£7500” and insert “£5000”

Page 9, line 14, after “convicted” insert “or acquitted”

Page 10, line 13, leave out “carrying on the business of consultant” and insert
“engaging in professional”

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.”

Page 10, line 32, leave out “seek to”

Page 11, line 7, at end insert “or (The register of lobbying activities)”

Insert the following new Clause—

“Publication of communications

(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.”

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

Insert the following new Clause—

Non-party campaigning: consultation

(1)   Within six months of the passing of this Act, the Secretary of State shall
commission a review of non-party campaigning.

(2)   The review under subsection (1) shall consider—

(a)   whether the definition of non-party campaigning in the Political
Parties, Elections and Referendums Act 2000 is appropriate;

(b)   the scope of the rules relating to non-party campaigning, in
particular—

(i)   materials and activities subject to regulation,

(ii)   registration thresholds,

(iii)   spending limits at national, regional and constituency level,

(iv)   reporting requirements;

(c)   whether different rules are required in each of England, Wales,
Scotland and Northern Ireland;

(d)   the impact of any changes to the rules relating to non-party
campaigning on vulnerable groups;

(e)   the compatibility of existing rules and proposals for changes with
the European Convention on Human Rights; and

(f)   any other related matter that the Secretary of State includes.

(3)   The review under subsection (1) must consult the Electoral Commission
and the Charity Commission and accept submissions from other parties.

(4)   When the Secretary of State receives the review they must lay it before both
Houses of Parliament.

(5)   Any proposals for legislative changes in the review may only be
implemented before 1 June 2015 if the review has been approved by both
Houses of Parliament.”

Page 12, line 34, leave out paragraph (a)

Page 13, line 1, leave out subsections (3) to (6)

Page 13, line 19, at end insert—

“( )   In subsection (8)(a) after “body” insert “(except a body which is a charity)”.”

Page 57, line 1, leave out “, or market research seeking views or information from,”

Page 57, line 3, leave out “, or other media events,”

Page 57, leave out paragraph (4)

Page 57, line 9, leave out “annual”

Page 57, line 12, leave out “the attendance of persons at such events,”

Lord Greaves and Lord Harries of Pentregarth give notice of their intention to oppose the
Question that Schedule 3 be the Third Schedule to the Bill.

Page 14, line 42, leave out subsection (1)

Page 14, line 44, leave out “£5,000” and insert “£14,000”

Page 14, line 45, leave out “£2,000” and insert “£7,000”

Page 15, line 1, leave out subsection (2)

Page 15, line 16, leave out subsection (2)

Lord Harries of Pentregarth gives notice of his intention to oppose the Question that
Clause 28 stand part of the Bill.

Page 24, line 39, at end insert—

“( )   In subsection (2), after paragraph (c), insert—

“(ca)   a body incorporated by Royal Charter, or”.”

Page 25, line 27, at end insert—

“(g)   in the case of a body falling within subsection (2)(ca) (bodies
incorporated by Royal Charter), the body’s officers.”

Lord Harries of Pentregarth gives notice of his intention to oppose the Question that
Clause 31 stand part of the Bill.

Insert the following new Clause—

“Electoral Commission and Charity Commission: joint guidance

Before the commencement of this Act the Minister shall require the
Electoral Commission and the Charity Commission to produce joint
guidance on the requirements of Part 2 as they apply to charities.”

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.”

Insert the following new Schedule—

“SCHEDULE4A

TAX RELIEF ON DONATIONS

After Schedule 6 of the Political Parties, Elections and Referendums Act
2000, insert—

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”

Insert the following new Clause—

“Operation of this Act

The Minister must before the end of the period of two years, beginning
with the day on which this Act is passed, appoint a person to review
generally the operation of this Act.”

Page 50, line 45, at end insert “except that for as long as Northern Ireland is
governed by a statutory power sharing executive based upon the Good Friday
Agreement, Part 2 shall not apply to Northern Ireland”

Page 1, line 2, leave out “consultation” and insert “professional”