Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014

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Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Parliament of the United Kingdom
Long title An Act to make provision for establishing and maintaining a register of persons carrying on the business of consultant lobbying and to require those persons to be entered in the register; to make provision about expenditure and donations for political purposes; to make provision about the Electoral Commission’s functions with respect to compliance with requirements imposed by or by virtue of enactments; to make provision relating to a trade union’s duty to maintain a register of members under section 24 of the Trade Union and Labour Relations (Consolidation) Act 1992; and for connected purposes.
Citation 2014 c. 4
Introduced by Andrew Lansley
Territorial extent  United Kingdom and Gibraltar
Dates
Royal assent 30 January 2014
Other legislation
Amends Representation of the People Act 1983, Trade Union and Labour Relations (Consolidation) Act 1992, Political Parties, Elections and Referendums Act 2000
Status: Current legislation
History of passage through Parliament
Text of the Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014 is an Act of Parliament in the United Kingdom introduced in July 2013. [1] The bill was sponsored by the Cabinet Office and the Department for Business, Innovation and Skills (BIS). It was often referred to as "The Lobbying Bill" for short. [2] It passed all parliamentary stages, and received royal assent on 30 January 2014. [3]

Contents

The bill was founded on the principle of 'transparency' and 'cleaning up politics'. [4] [5] [6] [7]

Origins

The bill was introduced partly in response to the Labour selection process in Falkirk and the alleged shortcomings of the influence of Unite the Union in that process. [8] [9] Problems with lobbying in Westminster also prompted the Bill. [10] Following the recent expenses scandal Prime Minister David Cameron had suggested that lobbying was the "next big scandal" to consume Parliament. [11]

Some British trade unions suggested that the proposed bill was a cynical move by the Coalition Government. [12] A Government spokesperson described the proposed Bill as a "radical" Bill. [13]

The bill would reduce the expenditure by charities during an election period before they must be registered with the Electoral Commission to £5,000, a proposal which has been criticised by some charities. [14]

Details of the Act

Part 1: Registration of consultant lobbyists

This Part makes an offence of consultant lobbying without prior registration, with some exceptions for specific circumstances, and in addition creates a "Registrar of Consultant Lobbyists". [15] Section 1 states that "A person must not carry on the business of consultant lobbying unless the person is entered in the register of consultant lobbyists."

Part 2: Non-party campaigning

This Part amends electoral law relating to funding of candidates and electoral campaigning. The Political Parties, Elections and Referendums Act 2000 would be amended to reduce the amount of money permitted to be donated by "third parties", organisations which would "reasonably be regarded as intended to promote or procure the electoral success of a party or candidate". Section 26, Clause 5 amends PPERA to the effect that, when determining the intention of expenditure, "...it is immaterial that it can reasonably be regarded as intended to achieve any other purpose as well."

Clause 11 adds a new Section into PPERA to include 'electoral material' that could be reasonably regarded as promoting a specific candidate or party.

Part 3: Trade unions' registers of members

This part affects the Trade Union and Labour Relations (Consolidation) Act 1992 with regards to records of trade union membership lists and related administrative changes.

Criticism

The bill, often referred to by the shorthand "Lobbying Bill", attracted criticism. The Electoral Commission admitted concerns over the "significant regulatory uncertainty" for businesses and charities. [16] The Labour MP Angela Eagle claimed during the third reading of the Bill that the legislation "seeks to silence critics of the Government in the run-up to the general election, while letting vested interests operate out of sight" and was "an object lesson in how not to legislate". [17] The charities Oxfam and the Royal British Legion said that the bill had a "lack of clarity". [18]

During the Second Reading of the bill in the House of Commons, on 3 September 2013, much criticism was made of the bill. Some Members of Parliament referred to it as a "gagging bill", [4] and others called it "risible and misconceived", [4] and said that it amounted to a "full-frontal attack on members of society". [4]

The National Council for Voluntary Organisations (NCVO) strongly opposed the bill; [19] and a number of charities and other campaigning groups joined in opposition to the bill, including Action for Blind People, Action for Children, the British Heart Foundation, the Campaign to Protect Rural England, the Countryside Alliance, Guide Dogs, Islamic Relief UK, Hope not Hate, the National Federation of Women’s Institutes, the Royal British Legion, the RSPB and the Salvation Army.

Support

The Leader of the House of Commons Andrew Lansley defended the Bill as being necessary because of the lack of trust in politics. [4] Liberal Democrat MP John Thurso called the Bill "a step forward". [4] The Deputy Leader of the House pointed out in the Commons that some of the claims made against the Bill, such as stopping updated health and safety legislation or stopping the creation of the Labour Party, were "completely outwith" the proposals. [17]

The Deputy Leader further explained that the Bill was intended to avoid the setting up in the UK of the so-called "Super PACs" used in the United States. [20] The former Cabinet Officer Minister Chloe Smith underlined how the Bill was about "extending transparency" during elections. [21]

Parliamentary timetable

The Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Bill had its Second Reading on 3 September 2013. It completed its Commons stages on 9 October 2013. It was debated in the House of Lords from 22 October and completed its committee stage on 18 December 2013. It passed its final parliamentary stage, third reading in the House of Lords, on 28 January 2014 [22] and received royal assent on 30 January 2014. [23]

See also

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References

  1. ↑ "Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act". UK Parliament. 31 January 2014. Archived from the original on 30 March 2023. Retrieved 15 September 2024.
  2. ↑ Editorial (2 September 2013). "Lobbying bill: shameless, shameful and shaming". The Guardian. ISSN   0261-3077 . Retrieved 15 September 2024.
  3. ↑ UK Parliament (2014). "Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 201". parliament.uk. Retrieved 15 April 2015.
  4. 1 2 3 4 5 6 "Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill". Parliamentary Debates (Hansard) . Vol. 567. Parliament of the United Kingdom: House of Commons. 3 September 2013. col. 169–286.
  5. ↑ Wright, Oliver (5 September 2013). "Lobbying Bill to be re-drafted over charity concerns". The Independent . Archived from the original on 23 January 2014. Retrieved 15 September 2024.
  6. ↑ "Lobbying bill sinister and partisan, says Labour". BBC News. 3 September 2013. Retrieved 15 September 2024.
  7. ↑ "'Flawed' lobbying bill should be withdrawn, says committee of MPs". BBC News. 5 September 2013. Retrieved 15 September 2024.
  8. ↑ "Labour's Falkirk row becomes national issue for Labour". BBC News. 5 July 2013. Retrieved 15 September 2024.
  9. ↑ robert.marchant (27 June 2013). "Labour and Unite: a little time-bomb". The Centre Left. Retrieved 15 September 2024.
  10. ↑ David Cameron is accused of using lobbying scandal to curb Labour’s trade union support Independent.co.uk
  11. ↑ "David Cameron warns lobbying is next political scandal". The Telegraph. 8 February 2010. Retrieved 15 September 2024.
  12. ↑ "Lobbying: Union anger over 'cynical' coalition move". BBC News. 3 June 2013. Retrieved 15 September 2024.
  13. ↑ "Lobbying bill to be introduced before summer recess". ITV News. 3 June 2013. Archived from the original on 29 March 2015. Retrieved 15 September 2024.
  14. ↑ "Lobbying Bill survey". Disability Rights UK. 23 September 2013. Archived from the original on 30 December 2013. Retrieved 15 September 2024.
  15. ↑ "Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Bill - Explanatory Notes" (PDF). publications.parliament.uk. 9 October 2013. Archived from the original (PDF) on 21 October 2013.
  16. ↑ "The Transparency of Lobbying, Non Party Campaigning and Trade Union Administration Bill" (PDF). Electoral Commission . Electoral Commission. 3 September 2013. Archived from the original (PDF) on 25 February 2014. Retrieved 15 September 2024.
  17. 1 2 "Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill". Parliamentary Debates (Hansard) . Vol. 568. Parliament of the United Kingdom: House of Commons. 9 October 2013. col. 170–268.
  18. ↑ "Lobbying bill could silence us, say charities". BBC News. 23 August 2013. Retrieved 15 September 2024.
  19. ↑ Sir Stuart Etherington, National Council for Voluntary Organisations (22 August 2013). "Non-Party Campaigning" (PDF). Letter to Chloe Smith MP, Cabinet Office.
  20. ↑ Tom Brake on 38 Degrees and the Transparency and Lobbying Bill Archived 5 October 2013 at the Wayback Machine Liberal Democrat Voice
  21. ↑ Smith, Chloë (23 August 2013). "Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill" (PDF). GOV.UK. Archived (PDF) from the original on 26 February 2021. Retrieved 15 September 2024.
  22. ↑ "Lobbying bill to become law after Lords rebellion falters". BBC News. 28 January 2014. Retrieved 1 February 2014.
  23. ↑ "Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014", legislation.gov.uk , The National Archives, 30 January 2014, 2014 c. 4, retrieved 15 September 2024
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