Lobbying: Access and influence in Whitehall - Public Administration Committee Contents


Examination of Witnesses (Question Numbers 542-559)

RT HON LORD WARNER, RT HON RICHARD CABORN MP AND MR STEPHEN HADDRILL

8 MAY 2008

  Q542 Chairman: I am delighted to welcome Richard Caborn, Lord Warner and Stephen Haddrill. We have asked you to come because the Committee is conducting an inquiry into lobbying. One of the matters on which we want to touch is what is sometimes called the "revolving door" issue, that is, the traffic from government into the outside world, particularly industry, business and lobbying, and also traffic the other way. Because all of you have experience of this, two of you as former ministers who have gone to work for outside organisations that may involve lobbying and one of you a former civil servant who has gone to work for an outside organisation that may involve lobby activity, you seem to be a representative panel to whom we can put these kinds of questions. I should like to start by asking how it has been for you. When it was time for you to move on, two former ministers and one a former senior civil servant, and find other things to do you had to apply to the Advisory Committee on Business Appointments to ask what you could and could not do. Could you explain how that system worked for you?

  Mr Caborn: The revolving door issue is an interesting one and we will answer that, but there was a life before and a life after being a minister, if I may say so. Whilst I have been in this place and had the privilege of representing Sheffield Central I have also spent five years as a Member of the European Parliament and, before that, I was a convenor of shop stewards at Firth Browns and now Forgemasters. I was Apprentice of the Year. I served my time and am immensely proud to be an engineer. As an engineer I have been consulted on many occasions. Before the revolving door issue arose I was consulted by Forgemasters to give advice on the building of a 16,000-ton forging press. If Members want to join me afterwards I will take them to my office and show them a picture on my wall of a 4,000-ton forging press. I am very proud that that was the first thing I built when I came out of my time as an apprentice engineer. I am advising Forgemasters on building the largest forging press in the world to take on, I hope, competition from Japan. In addition to that, I had European experience and spent 10 years as a minister. Further, like yourself I chaired a Select Committee, for four years on the Trade and Industry Committee, which at that time covered energy. You will remember that in the early 1990s the Department of Energy became part of the Department of Trade and Industry. I was the first chairman of that Select Committee which did a major report on energy policy and the closure of 31 pits at that time. I do not know why Ian McCartney and I have so excited some of members of the Committee that we have been mentioned in dispatches all over the place. It would be good to have an inquiry into why we have been singled out, if I may say so. That being the case, I am more than willing to answer "the revolving door". I do not believe that the revolving door that has excited some of the members of the Committee was anything to do with my being a minister; it was my incarnation before that.

  Q543  Chairman: We see you as representative figures; we could have chosen others but happen to have selected you.

  Mr Caborn: That is a good reason why.

  Q544  Chairman: I am interested that you were Apprentice of the Year, but I do not think there is any discussion as to whether you are qualified to do the kind of work you are now doing. That is a quite separate issue. I return to the question. Faced with the prospect of pursuing these activities, you had to access the business appointments system. Perhaps you would describe how it worked for you.

  Lord Warner: You ask how it was for me. People have commented on how young and healthy I look since I ceased to be a minister, so life has not been bad. Mr Caborn's point is an important one. I shall not give you my life history, but most of us did things before we were ministers. I was a minister for only four years and I had a lot of expertise and knowledge before that. It is that knowledge and expertise as much as anything that has been the reason why I am doing the particular things I am doing since I became a minister. As far as concerns the Advisory Committee on Business Appointments I just accepted it as part of life. After I ceased to be a minister I spent quite a few months doing nothing. Last September about nine months after I ceased to be a minister I went through a process of assembling a portfolio of activities some of which needed to be cleared with the Advisory Committee on Business Appointments and some of which did not. I filled in the forms and sent them off. They dealt with them in a reasonably sensible way and sent them back to me and said what I could and could not do. The main thing they said I could not do for the first year after being a minister was to lobby ministers, whatever that means. We might come to what that means at some stage. I have honoured that. In my first year out of office the only time I saw ministers was at their request to talk about government business.

  Q545  Chairman: Is the experience that Lord Warner has described typical of all of you?

  Mr Haddrill: I suppose that mine is slightly different because I did not cease to be a civil servant and then look for other things to pursue. I had an offer from the Association of British Insurers which I wanted to take up, so went into the business appointments process whilst still a civil servant. It worked reasonably well and quickly, which is important, because a prospective employer wants to know whether and when you will be on board. I thought that was quite good. I was surprised how little I knew about it even as a senior civil servant before I started. I had a vague idea that there would be some process but I did not have a very clear idea of exactly what it involved. The fact is that it involves subjective judgments which is almost bound to be the case in that kind of system. A subjective judgment is hard to predict. In the circumstances I did not quite know whether I would be able to leave the Civil Service one day and pick up my new role fully the following day or whether I would be having a conversation with my prospective employers about doing only half the role for the first year which they might not find very satisfactory and put me in a rather difficult position. That subjectivity creates a bit of an issue for someone in those circumstances.

  Q546  Chairman: Was it an entirely paper exercise for all of you, that is, you filled in a form, it went in and somebody told you what had been decided?

  Lord Warner: I was written to by the chairman of the Advisory Committee on Business Appointments when I left ministerial office to remind me that I had to submit would-be appointments to the Committee.

  Q547  Chairman: But nobody interviewed you or asked for more details about what you were doing?

  Lord Warner: No.

  Q548  Chairman: Presumably, you all think that to have a process of that kind is necessary, or was it seen as irksome?

  Mr Caborn: I think it is necessary. There needs to be integrity and accountability in the system and that is part of it. From my point of view the 12-month period is fine and is absolutely right. The system must have that integrity. I have always taken the view as chairman of the Select Committee and during my 11 years as a trustee of the Industry and Parliament Trust that it is absolutely right to try to bring industry and wealth creators close to Parliament so there is an exchange and an understanding of each other. I think that Parliament is the richer for that.

  Lord Warner: I did not take any objection to it, and I would not have done so if someone had asked to see me to talk about these things. I thought it was a fair and reasonable process. Personally, I would not have objected to being interviewed either by a member of the commission or someone on behalf of it.

  Q549  Chairman: Did you think that the restriction on lobbying imposed on all of you for differential periods was entirely reasonable, and did you understand what it meant?

  Mr Haddrill: I found it a bit odd but I thought it reasonable and necessary. In my case it was six months but it was in two parts: part one was that I should not lobby government ministers and officials. I spent a lot of my time talking to other public bodies, for example the Financial Services Authority, not the Civil Service. Indeed, so much of government goes on outside the Government and Civil Service that there is a question about how widely that runs. The second part was an understanding that the ABI[1] was an organisation that the Government talked to quite a lot as part of normal business and so if the Government wanted to talk to me I should be able to talk to them, so it was really a "you can't but you kind of can" message. It took a little interpretation but in practice I got a sense of what I could and could not do. I could not put an issue on the agenda with a minister; I could not call him up and ask to see him, but if there was something troubling him and he called me up I could talk to him.

  Q550 Chairman: But if any of you were to bump into former colleagues during this period of purdah and had a conversation about matters relevant to what you were doing that could conceivably be described as lobbying. There is no enforcement mechanism. The prescription is put in but there is no monitoring of it; it is all down to just how people behave, is it not?

  Lord Warner: I think one has to see it in context. If you look at the dictionary definition of "lobbyist", which means essentially someone who hangs around legislators or ministers to try to influence their decision/vote, you can say that chief whips do that. If you are health minister in the House of Lords you do that. I was a minister and received MPs who came to argue their case for their constituents some of whom had a commercial interest. Is that lobbying or is it a conversation or discussion?

  Q551  Mr Prentice: We do not get paid another £75,000 for doing that, do we?

  Lord Warner: I am not trying to make a cheap point. I am saying that the word itself is open to a variety of interpretations and on a strict dictionary interpretation you could say that all sorts of people are in the business of lobbying in terms of trying to influence the decisions of ministers. This is part of a spectrum.

  Q552  Chairman: It is a matter of being paid to do it. Two of you are Members of the two Houses. Is there a sense in the country that there is something unseemly about Members of Parliament also working for outside organisations and lobbying government?

  Lord Warner: Speaking personally, I have not been lobbying government. I was hired to give my advice largely on health and social care issues but also on how government, including local government, worked and decisions were taken. I have spent all of my time doing that. In my time as an adviser I have had only one meeting with a minister. That was not a private meeting; it was with civil servants and it was merely to enable someone to put a point of view. I do not believe I have lobbied at all in my time as an adviser, and I do not think I was hired by any of the organisations for which I worked. I am not a naive person. I was hired to give them advice in the areas where I had some expertise.

  Q553  Chairman: But DLA Piper for whom you work tells us that your job involves "deepening client relationships" and "introducing new contacts".[2] The contacts that are useful to them are entirely those that you have gleaned through your work inside government. In the case of Mr Haddrill the ABI says that it aims, "to shape and influence decisions made by the Government, regulator and other public authorities".[3] It says this of you: "Stephen aims to ensure that the ABI is highly influential with government and regulators on behalf of all its members."[4] Your role is quite explicit.

  Lord Warner: Most of the clients I advise are related to the people I know and the systems of local government that I understand, the NHS and sometimes government departments but not ministers. We have to understand that government and public bodies are often seen by the outside world as rather opaque institutions; it finds it very difficult to penetrate them quite a lot of the time. Indeed, that was why I made the point about MPs bringing people to meet ministers. I was not trying to make a cheap shot. They do that because those people often find it very difficult to understand the workings of institutions in the public sector. They are facilitating a conversation.

  Q554  Chairman: I would like to get you to answer the question I asked which was: do you consider that the public thinks there is something unseemly about people who are still members of the legislature and working inside government taking on paid employment to lobby bits of government in which they are involved?

  Mr Caborn: Obviously, you are going to lobby government. I looked at the questions very carefully. You will know that I was asked to come to this Committee late last week because my colleague Ian McCartney is having an operation. I read the terms of reference and some of the evidence that has been submitted to the Committee. It is all predicated on an attempt to affect Parliament and government. It is not about having a set of ground rules to ensure that Parliament and government are accessible. I go back to my earlier point. One thing I did when I was chairman of the Select Committee on Trade and Industry was to ensure, as far as I could, that Parliament was knowledgeable about what industry was saying. My 11 years on the Industry Parliament Trust were spent trying to bring Parliament and government closer to wealth creators in industry and commerce. It is as though we have in the House of Commons political virgins who cannot be touched by anybody who seeks to lobby them.

  Q555  Chairman: It is the fact that large sums of money are involved in this relationship.

  Mr Caborn: Let us come to that. The one interest you did not read out was mine: AMEC. I can tell you that AMEC for whom I am a consultant is more to do with my trade union and European background. I am an engineer. I have dealt with North Sea oil in which it has been deeply involved. I have also known the past three managing directors of that company on a fairly personal level. The reason I agree with the 12 months is that I was a trade minister for two years and that could have affected it. I think it was absolutely right that it should be 12 months in terms of the conditions laid down. But I am not in the game of lobbying government in that sense; I am there to advise on the skills I had before I became a minister.

  Q556  Mr Walker: All of you bring experiences to your employers. Those experiences have value. Just before you go to sleep at night does it occur to you that you are also there for your contacts and relationships with people in government and senior decision-makers, so it is not just a matter of your experiences but your relationships? After all, business is driven by relationships.

  Mr Haddrill: Relationships are important. It is three years since I joined the ABI and it is remarkable how fast government turns over in that period. Almost from day one you start to find new relationships emerging and becoming important. We keep using the word "lobbying". Most of the time I find that what government want to know is what our industry, consumer groups and all sorts of organisations think and, quite rightly, they come to us. I am glad they do. We give them what we think is a view of the world from our perspective and they value it, but, to pick up an earlier phrase, they are not policy virgins either; they are perfectly capable of assessing that. They know where I am coming from and are capable of assessing it against the views of others and forming an opinion. That is a good public policy-making process; it is much better than government sitting in a box and not speaking to anyone.

  Lord Warner: I do not lie awake at night thinking about this and it does not occur to me before I go to bed in the way you put it mainly because, for reasons of personal vanity, I took some care about what I was getting myself into. I have a mixed portfolio: I have a public appointment, some private appointments and some voluntary ones. I deliberately wanted a mixed portfolio so I could see aspects of public service and involvement of private and public sectors from different perspectives, and that is what I do.

  Q557  Mr Walker: Does it ever occur to you that your contacts and relationships may be part of the value you bring to your clients—because that occurs to everybody else?

  Lord Warner: We are talking about two things here. I acknowledge that contacts are important, but we are talking about whether it is ministers or a wider range of contacts. I know huge numbers of people. I have been in paid employment for nearly 50 years and have spent a lot of time in local and central government and I know lots of people. I can pick up the phone to a chief executive in a local authority and have a conversation about what is going on in local government on a particular issue at the moment. Of course people value that contact but you are not seeking to influence a set of decisions; you are having a conversation with someone about a piece of information.

  Q558  Mr Walker: But business is about influencing by decisions. I have nothing against lobbying, but why be so po-faced about it? Why are you so defensive about it?

  Lord Warner: I am not defensive.

  Q559  Mr Walker: Ultimately, you work for a number of health clients because you have been a minister for health for four years. There is nothing to be ashamed of; it is just a fact of life. You are of commercial value to them because of your contacts, experiences and relationships.

  Lord Warner: We come back to the issue of what is meant by lobbying. What Mr Caborn is saying is that it has been given pejorative overtones in the way we are sitting here having this discussion. Most of the time I am having a conversation with people who value my advice or ask me to find out about something. Finding out about something does not mean that I seek to persuade somebody of a particular point of view. There is a difference and I do not regard that as lobbying.



1   Association of British Insurers Back

2   Q 541 Back

3   Our Vision and Mission, www.abi.org.uk Back

4   Our Director General, www.abi.org.uk Back


 
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