Standards
of Conduct Committee
SoC(5)-03-17
P1 (4 April 2017) – Consultation response from the Registrar
of Consultant Lobbyists
QUESTION
To assist with its inquiry, the Committee would
welcome your views on whether the Assembly’s current
arrangements relating to lobbying are sufficiently robust and
fit-for-purpose for the Fifth Assembly and in
particular;
- Is there a need for change?
- What do you understand by the term
lobbying?
- How is lobbying regulated at the
moment?
- Do you consider yourself a lobbyist? How is
lobbying regulated within your sector at the moment? E.g. if you
are a private business, third sector, professional
organisation.
- Have you encountered any problems with the
current arrangements?
- Are there any areas you consider to be
unregulated in this area which pose a risk to the accountability
and reputation of governance in Wales?
- What would you consider to be the impact of
introducing a new regime to deal with lobbying?
RESPONSE
SeneddStandards@Assembly.Wales
I have been appointed to be the Registrar of Consultant Lobbyists
in accordance with
the Transparency of Lobbying, Non-party Campaigning and Trade Union
Administration Act 2014 [PROVIDE LINK]. The UK Register opened on
26 March 2015, and I am pleased to submit a response to the inquiry
being conducted by the
National Assembly of Wales’
Standards of Conduct Committee.
As Registrar, I take no view about the legislation itself or its
success in addressing the objectives set by Ministers-these are
matters for Government. However, I am pleased to comment on the
facts and experience of establishing the Register from a zero base,
interpreting the legislation and its continued operation and
stakeholder engagement. I would be happy to engage further with the
Committee if this would be helpful to its inquiry.
In brief, the Act applies only to those VAT-registered
organisations or individuals that directly communicate with
Ministers and Permanent Secretaries about some aspects of UK
Government business on behalf of a paying client. It does not apply
to the Welsh Government, and as Registrar, I am not required to
make any decisions or determinations about the latter.
There are many definitions of the term “lobbying”. As
far as the Act is concerned, the definition provided is as
follows:
“…a person carries on the business of consultant
lobbying if—
(a )in the course of a business and in return for payment, the
person makes communications within subsection (3) on behalf of
another person or persons,
(b) the person is registered under the Value Added Tax Act 1994,
and
(c) none of the exceptions in Part 1 of Schedule 1
applies…”
and
“…the communications within this subsection are oral
or written communications made personally to a Minister of the
Crown or permanent secretary 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…”.
In the event that the Welsh Government decided to introduce
legislation in this area, I would be pleased to work with its
appointed officials to share my own experience of setting up and
operating the Register. I am aware from feedback from stakeholders
that an area of concern for them is the increasing burden of
compliance for those organisations required to conform to multiple
regulatory regimes across different jurisdictions. With this in
mind, I am about to commence working with the Lobbying Registrar
for Scotland, as the Scottish Government moves forward with its new
registration regime.
I have already extended an invitation to the Welsh Standards
Commissioner and/or a Member of the Committee to attend my
stakeholder event on 8 February.
ALISON J WHITE
Registrar