Lobbying (Scotland) Act 2016

Last updated

Lobbying (Scotland) Act 2016
Act of the Scottish Parliament
Coat of Arms of the United Kingdom in Scotland (Variant 1).svg
Long title An Act of the Scottish Parliament to make provision about lobbying, including provision for establishing and maintaining a lobbying register and the publication of a code of conduct.
Citation 2016 asp 16
Introduced by Joe FitzPatrick, Minister for Parliamentary Business
Territorial extent Scotland
Dates
Royal assent 14 April 2016
Commencement 6 September 2017, 1 November 2017, 12th March 2018
Other legislation
Relates to Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

The Lobbying (Scotland) Act 2016 is an Act of the Scottish Parliament which restricts lobbying.

Contents

Definitions

The act defines regulated persons as Members of the Scottish Parliament (MSPs), ministers and junior ministers of the Scottish Government, special advisers of the Scottish Government and the Permanent Secretary of the Scottish Government. These people are the only regulated persons - no other civil servants are included. [1]

The main types of regulated entities are: companies, advocacy bodies and charities and representative bodies, but also unions, individuals, societies and LLPs with one independent statutory body being registered in 2021. [2]

One criteria is that lobbying has to include face-to-face communication. [3] Letters, emails and telephone calls are completely exempt. [4]

The act excludes talking to a local MSP, irrespective of whether it is a regional or constituency MSP. [1]

The Unincorporated Councils and Committees of the General Assembly of the Church of Scotland has an exemption from registering lobbying individual MSPs, who are not members of the Scottish Government. [5]

Provisions

The Clerk of the Scottish Parliament must maintain a "lobbying register", where meetings between regulated persons and regulated entities are recorded with details of names and addresses of the main place of business. [1]

Failure to comply with the Act can lead to a complaint to the Commissioner for Ethical Standards in Public Life in Scotland, who must publish guidance on how such cases would be handled. The Commissioner may reports to the Scottish Parliament The Commissioner is now accountable to the Scottish Public Services Ombudsman. [1]

Penalties for non-compliance can range up to £1,000. [4]

Consequences of the Act

In 2020, it was reported that several instances of what could be considered "lobbying" in a colloquial sense were completely excluded by the Act. [6]

In 2024, the co-leaders were criticised as potentially falling foul of the Act for offering to meet donors for £700. [7] [8]

In 2024, there were reports of several meetings between SSE and Gillian Martin, the then-eergy minister to do with a gas plant in Aberdeenshire. SSE submitted their details disclosure to the register, but the Scottish Government did not. [9]

Criticisms

The Act has been criticised for distinguishing "face-to-face" communication: it has been noted that whether a teleconference has video off or on can distinguish regulated or unregulated lobbying. [10]

See also

Related Research Articles

Lobbying is a form of advocacy, which lawfully attempts to directly influence legislators or government officials, such as regulatory agencies or judiciary. Lobbying, which usually involves direct, face-to-face contact in cooperation with support staff that may not meet directly face-to-face, is done by many types of people, associations and organized groups, including individuals on a personal level in their capacity as voters, constituents, or private citizens; it is also practiced by corporations in the private sector serving their own business interests; by non-profits and non-governmental organizations in the voluntary sector through advocacy groups to fulfil their mission such as requesting humanitarian aid or grantmaking; and by fellow legislators or government officials influencing each other through legislative affairs in the public sector.

<span class="mw-page-title-main">Scottish Parliament</span> Devolved parliament of Scotland

The Scottish Parliament is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyrood. The Parliament is a democratically elected body comprising 129 members known as Members of the Scottish Parliament (MSPs), elected for five-year terms under the regionalised form of additional member system (MMP): 73 MSPs represent individual geographical constituencies elected by the plurality (first-past-the-post) system, while a further 56 are returned as list members from eight additional member regions. Each region elects seven party-list MSPs. Each region elects 15 to 17 MSPs in total. The most recent general election to the Parliament was held on 6 May 2021, with the Scottish National Party winning a plurality.

<span class="mw-page-title-main">First Minister of Scotland</span> Leader of the Scottish Government

The first minister of Scotland, formally known as the First Minister and Keeper of the Scottish Seal, is the head of the Scottish Government and also serves as the keeper of the Great Seal of Scotland whilst in office.

<span class="mw-page-title-main">Jack McConnell</span> Scottish politician (born 1960)

Jack Wilson McConnell, Baron McConnell of Glenscorrodale, is a Scottish politician who served as First Minister of Scotland and Leader of the Labour Party in Scotland from 2001 to 2007. McConnell served as the Minister for Finance from 1999 to 2000 and Minister for Education, Europe and External Affairs from 2000 to 2001. He has been a Labour life peer in the House of Lords since 2010 and previously served as a Member of the Scottish Parliament (MSP) for Motherwell and Wishaw from 1999 to 2011.

<span class="mw-page-title-main">Electoral Commission (United Kingdom)</span> Independent agency that regulates the electoral process in the United Kingdom

In the United Kingdom, the Electoral Commission is the national election commission, created in 2001 as a result of the Political Parties, Elections and Referendums Act 2000. It is an independent agency that regulates party and election finance and sets standards for how elections should be run.

<span class="mw-page-title-main">Nick Bolkus</span> Australian politician

Nick Bolkus is a former Australian Labor Party politician. He was a member of the Senate from July 1981 to June 2005, representing the state of South Australia.

<span class="mw-page-title-main">Norman Warner, Baron Warner</span> British civil servant and politician (born 1940)

Norman Reginald Warner, Baron Warner,, is a British former civil servant and member of the House of Lords. A career civil servant from 1960, he was created a life peer in 1998. He was Parliamentary Under-Secretary in the Department of Health from 2003 to 2007, and Minister of State at the Department of Health from 2005 to 2007. He has also been an adviser to a number of consulting companies. In October 2015, Warner resigned the Labour whip and became a non-affiliated and then crossbench member of the House of Lords, serving until his retirement in 2024.

<span class="mw-page-title-main">Salaries, expenses, and allowances of members of the Scottish Parliament</span>

Members of the Scottish Parliament (MSPs) are entitled to a salary, and where applicable, expenses and allowances.

<span class="mw-page-title-main">Joe FitzPatrick</span> Scottish Local Government Empowerment & Planning Minister

Joseph Martin FitzPatrick is a Scottish politician who most recently served as Minister for Local Government Empowerment and Planning from March 2023 to May 2024. A member of the Scottish National Party (SNP), he has been the Member of the Scottish Parliament (MSP) for Dundee City West since the 2007. Prior to his most recent Ministerial appointment, he was Convener of the Scottish Parliament's Equalities, Human Rights and Civil Justice Committee. He served as Minister for Public Health, Sport and Wellbeing from 2018 to until his resignation in 2020. He also served as Minister for Parliamentary Business from 2012 to 2018.

<span class="mw-page-title-main">David Whitton</span>

David Whitton is a Scottish journalist, Labour Party politician and former Member of the Scottish Parliament (MSP). He was elected to the Scottish Parliament for Strathkelvin and Bearsden in 2007, defeating the incumbent Independent MSP Jean Turner, and losing the seat at the 2011 election to Fiona McLeod of the Scottish National Party.

In politics, a revolving door can refer to two distinct phenomena.

<span class="mw-page-title-main">Special adviser (United Kingdom)</span> Politically appointed adviser to a UK government body

A special adviser, also known as a spad, is a temporary civil servant who advises and assists UK government ministers or ministers in the Scottish and Welsh devolved governments. They differ from impartial civil servants in that they are political appointees.

<span class="mw-page-title-main">Lobbying in the United Kingdom</span>

Lobbying in the United Kingdom plays a significant role in the formation of legislation and a wide variety of commercial organisations, lobby groups "lobby" for particular policies and decisions by Parliament and other political organs at national, regional and local levels.

<span class="mw-page-title-main">Thomas Docherty (politician)</span> British Labour Party politician

Thomas Docherty is a British Labour Party politician who served as Member of Parliament (MP) for Dunfermline and West Fife from 2010 until 2015.

The Organisation of Scottish Labour is a body established under the national rules of the UK Labour Party.

A Lobby Registry, also named Lobbyist Registry, Register for Lobby Transparency or Registry of Lobbyists is a public database, in which information about lobbying actors and key data about their actions can be accessed.

The commissioner for ethical standards in public life in Scotland is an independent commissioner in Scotland with the responsibility for investigating complaints about Members of the Scottish Parliament, councillors of the 32 Councils of Scotland, and board members of Scottish public bodies. The commissioner also monitors the appointment of members of specified public bodies in Scotland by the Scottish Ministers.

<span class="mw-page-title-main">Scottish Land Commission</span>

The Scottish Land Commission was established by the Scottish Government following the passage of the Land Reform (Scotland) Act 2016 by the Scottish Parliament; the Commission also incorporates the work of the Tenant Farming Commissioner. The Lands Commissioners, who constitute the Commission, have functions relating to land in Scotland, so that they address issues which relate to ownership of land, land rights, management of land, and use of land. The Tenant Farming Commissioner has the aim of improving the relationship between tenant farmers and land owners, and can create codes of practice, provide practical guidance, and must consult on such matters. The Tenant Farming Commissioner cannot be an agricultural landlord or agricultural tenant, and will develop codes of practice which are in addition to the law and the jurisdiction of the Scottish Land Court.

<span class="mw-page-title-main">Emma Roddick</span> Scottish Equalities, Migration & Refugees Minister

Emma Roddick is a Scottish National Party (SNP) politician. Emma served as the Minister for Equalities, Migration and Refugees between 2023 and 2024; stepping down when John Swinney was appointed first minister She has been a Member of the Scottish Parliament (MSP) for Highlands and Islands since May 2021.

<span class="mw-page-title-main">Douglas Lumsden</span> Scottish Conservative politician

Douglas Aaron Lumsden is a Scottish Conservative Party politician. He has been a Member of the Scottish Parliament (MSP) for the North East Scotland region since the election in May 2021. He was previously the co-leader of Aberdeen City Council.

References

  1. 1 2 3 4 Scottish Parliament. Lobbying (Scotland) Act 2016 as amended (see also enacted form ), from legislation.gov.uk .
  2. Clerk of the Scottish Parliament (12 October 2021). SCOTTISH PARLIAMENT LOBBYING REGISTER ANNUAL REPORT 2021 (Report). Scottish Parliament Corporate Body. p. 11. Archived from the original on 15 September 2024. Retrieved 15 September 2024.
  3. "What is regulated lobbying?: Engaging with the Scottish Parliament". Law Society of Scotland . Law Society of Scotland. 19 October 2018. Retrieved 15 September 2024. it must be an oral face-to-face communication with MSPs, Scottish Government ministers, special advisers or permanent secretaries
  4. 1 2 Gray, Lynne (14 March 2018). "Blog: 10 things about the Lobbying (Scotland) Act 2016". Scottish Legal News. Scottish Legal News Ltd. Retrieved 15 September 2024.
  5. "The Lobbying (Scotland) Act 2016" (PDF). The Church of Scotland . The Church of Scotland. 2021. Retrieved 15 September 2024. The Church of Scotland, i.e. the Councils and Committees of the General Assembly, have gained an exemption to all face to face communication with MSPs who are not Scottish Government Ministers (or a Law Officer, Special Adviser or Permanent Secretary). ... Presbyteries and congregations but the majority of their lobbying is already exempt as they have less than 10 full time employees or the lobbying is to their own constituency or region MSP (see next section for further details).
  6. Briggs, Billy; Galli, Alice Liana; Goodwin, Karin; Mann, Jamie (16 July 2021). "Who Runs Scotland? The rich and powerful who influence SNP Government decisions". The Herald. Newsquest Media Group Ltd. Retrieved 15 September 2024.
  7. Hunter, Ross (15 September 2024). "Greens face questions over offering meetings with MSPs for cash". The National. Newsquest Media Group Ltd. Retrieved 15 September 2024.
  8. Rodger, Hannah (15 September 2024). "Scottish Greens MSPs offered themselves up for cosy lunches in exchange for cash". Daily Record. Scottish Daily Record and Sunday Mail Ltd. Retrieved 15 September 2024.
  9. McLaughlin, Martyn (9 September 2024). "John Swinney accused of 'absurd' defence as ministerial code breach claims intensify". The Scotsman. National World Publishing Ltd. Retrieved 15 September 2024.
  10. Fitzgerald, Susannah (23 November 2020). "Closing the loopholes – an opportunity to fix Scotland's lobbying register". Transparency International UK. Transparency International. Retrieved 15 September 2024. One witness described the current register as a 'rabbit hole of loopholes.' Exemptions mean that switching your camera off on a Zoom call could mark the distinction between regulated and unregulated lobbying, regardless of the content of the conversation.