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Q&A: Political lobbying and rules governing MPs Q&A: Political lobbying and rules for MPs and peers
(1 day later)
Patrick Mercer has resigned the government whip after allegations by the BBC's Panorama programme, and the Daily Telegraph, that he broke lobbying rules by accepting £4,000 to table parliamentary questions related to Fiji. Three peers and an MP have been accused of being prepared to break the rules on lobbying in Parliament. But what constitutes lobbying and what are the rules governing it?
Mr Mercer, who is taking legal advice, says he took the cash for consultancy work outside Parliament - which is within the rules.
But what constitutes lobbying and what are the rules governing it?
What is lobbying and why do people do it?What is lobbying and why do people do it?
Lobbying in order to influence political decisions is widely regarded as a legitimate part of the democratic process. Lobbyists are firms or individuals that are paid to influence such decisions.Lobbying in order to influence political decisions is widely regarded as a legitimate part of the democratic process. Lobbyists are firms or individuals that are paid to influence such decisions.
They are often former politicians or ex-civil servants who have developed personal contacts with those in power.They are often former politicians or ex-civil servants who have developed personal contacts with those in power.
Has this practice been in the headlines before? Alternatively, individuals. firms, charities and other groups can lobby on their own, without paying professional lobbyists.
The allegations levelled at Mr Mercer, who denies any wrongdoing, are the latest flashpoint to bring the issue to the fore. So, what's the problem?
But in recent years there have been several scandals involving lobbying, including the resignation of Liam Fox, who had been defence secretary. There has long been concern that, if unregulated, lobbyists will begin to wield an unhealthy level of influence over political decision-making. This, it is argued, could mean the corruption of peers and MPs and undermine democracy.
Mr Fox allowed defence industry lobbyist Adam Werritty, his former flat-mate, to accompany him on foreign trips where he met diplomats, defence staff and defence contractors. Before the 2010 election, future Prime Minister David Cameron said lobbying was "the next big scandal waiting to happen".
The former defence secretary said he had "mistakenly allowed" personal and professional responsibilities to become "blurred". What has the government done?
In March 2010, three former ministers were suspended from the Parliamentary Labour Party "for bringing it into disrepute".
Stephen Byers, Patricia Hewitt and Geoff Hoon were under investigation over their alleged willingness to help a lobbying firm in return for cash.
In 1994 it emerged that a number of individuals within the party had agreed to submit questions to Parliament in exchange for money.
The revelations, which came to be known as the cash for questions scandal, tarnished John Major's administration and overshadowed the last years of his Conservative government.
What has the government said about it?
In 2010, before the last election, Prime Minister David Cameron said lobbying was "the next big scandal waiting to happen".
"It's an issue that crosses party lines and has tainted our politics for too long, an issue that exposes the far-too-cosy relationship between politics, government, business and money," he said.
He made the warning in the wake of the furore surrounding MPs' expenses.
The coalition agreement, which set out the government's programme in 2010, said: "We will regulate lobbying through introducing a statutory register of lobbyists and ensuring greater transparency."The coalition agreement, which set out the government's programme in 2010, said: "We will regulate lobbying through introducing a statutory register of lobbyists and ensuring greater transparency."
However, the policy has not yet made it into the government's legislative programme. There was no mention of it in the last Queen's Speech. However, the policy has not yet made it into the government's legislative programme. There was no mention of it in the last Queen's Speech, but ministers say they are consulting on plans.
However, Deputy Prime Minister Nick Clegg has recently insisted he remains committed to a statutory register of lobbyists to help clean up politics. Cabinet Minister Francis Maude has hinted that a new law could be introduced within the next year.
Mr Clegg said he had so far been unable to secure agreement for the register from both sides of the coalition.
But he said: "I do think we need to just honour what we said in the coalition agreement... Like everything in politics, the more open and transparent you can be about stuff the better.
"I think the prime minister himself said that he thought inevitably there was going to be another scandal about lobbying at some point, so I do think we need to act."
What criticisms are there of the register plan?
Fabian Hamilton, Labour MP for Leeds North-East, who sits on the political and constitutional reform committee, told BBC Radio 4's Today programme that he believed the proposal dealt with third party lobbying companies - companies that are paid by their clients to lobby on their behalf.
However, he said, the plan did not deal with the question of those companies, charities or organisations that lobbied on their own behalf.
"The register would not have included them. They're the majority of people who lobby," he said.
But he stressed: "I think it is quite legitimate for organisations and individuals to argue for a change in the law that might benefit them, society or the causes that they believe in - for example with Friends of the Earth the cause of environmental and climate change.
"The issue here is whether a member of Parliament should be accepting money - which at the moment is legal if it is declared - to actually argue or lobby on behalf of... a particular cause or commercial organisation."
What are current the rules on lobbying?What are current the rules on lobbying?
All MPs, including ministers, are subject to a code of conduct when it comes to their outside interests and dealings.All MPs, including ministers, are subject to a code of conduct when it comes to their outside interests and dealings.
Under the code, they have to register their financial interests, including remunerated employment outside parliament. They have to register their financial interests, including remunerated employment outside Parliament.
They are allowed to work as a consultant or be paid for advice.They are allowed to work as a consultant or be paid for advice.
However, they are forbidden from acting as a "paid advocate", which is defined as someone taking payment for speaking in the House. However, they are forbidden from acting as a "paid advocate" - taking payment for speaking in the House; asking a parliamentary question, tabling a motion, introducing a bill or tabling or moving an amendment to a motion or bill or urging colleagues or ministers to do so.
The code also covers receiving payment for asking a parliamentary question, tabling a motion, introducing a bill or tabling or moving an amendment to a motion or bill or urging colleagues or ministers to do so.
So, what can and can't be done by MPs?So, what can and can't be done by MPs?
They can:They can:
They must:They must:
In addition, ministers must comply with guidelines when they leave office:In addition, ministers must comply with guidelines when they leave office:
What about peers?
The House of Lords Code of Conduct, which says peers must show "selflessness", "openness" and "accountability", states they have to:
It also advises that peers "should be especially cautious in deciding whether to speak or vote in relation to interests that are direct, pecuniary and shared by few others".
Peers, unlike MPs, are paid expenses rather than a salary, and are allowed to give general advice and act as consultants if this does not influence their behaviour.
Who enforces the rules?
It is the job of the Parliamentary Commissioner for Standards to look into complaints against MPs. The commissioner reports to the Committee on Standards, which then decides on a course of action to take against an MP, including recommending suspension from the Commons, if this is necessary.
MPs vote on whether to implement the recommendations.
For peers, the House of Lords Commissioner for Standards looks at allegations. The report goes to the Sub-Committee on Lords' Conduct, which reviews the findings and can recommend a punishment to the Committee for Privileges and Conduct. Peers have a right of appeal against this.
The final decision on punishment is made by the House of Lords as a whole.