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MPs could fall foul of lobbying bill, warns senior Labour figure MPs could fall foul of lobbying bill, warns senior Labour figure
(14 days later)
MPs could face restrictions on campaigning about national issues under the new lobbying bill, the chairman of the Commons standards committee has suggested.MPs could face restrictions on campaigning about national issues under the new lobbying bill, the chairman of the Commons standards committee has suggested.
Charities have already complained the bill could have a "chilling effect" on their campaigning, and Kevin Barron, a senior Labour MP, has now warned that politicians could fall within its ambit.Charities have already complained the bill could have a "chilling effect" on their campaigning, and Kevin Barron, a senior Labour MP, has now warned that politicians could fall within its ambit.
He said it was unclear whether MPs raising awareness about non-constituency business could be caught within the transparency of lobbying, non-party campaigning and trade union administration bill, which has its second reading in the House of Commons on Tuesday.He said it was unclear whether MPs raising awareness about non-constituency business could be caught within the transparency of lobbying, non-party campaigning and trade union administration bill, which has its second reading in the House of Commons on Tuesday.
There are growing nerves in government at opposition to the bill, which will widen the definition of election campaigning by third parties and restrict how much they can spend on it.There are growing nerves in government at opposition to the bill, which will widen the definition of election campaigning by third parties and restrict how much they can spend on it.
Barron spoke out during Thursday's session of the Commons constitutional and political reform committee, whose chairman, Graham Allen, said he had received "a rather frightening list of potential things that members of parliament could fall foul of".Barron spoke out during Thursday's session of the Commons constitutional and political reform committee, whose chairman, Graham Allen, said he had received "a rather frightening list of potential things that members of parliament could fall foul of".
He said these could include an MP expressing a view to ministers on fracking even though it would not affect their constituency, or raising worries with the foreign secretary in general about the persecution of Christians in Egypt.He said these could include an MP expressing a view to ministers on fracking even though it would not affect their constituency, or raising worries with the foreign secretary in general about the persecution of Christians in Egypt.
"I do not know whether those things are true, but I will say that such things are the bread and butter of most of us who pride ourselves on being good members of parliament," Allen said."I do not know whether those things are true, but I will say that such things are the bread and butter of most of us who pride ourselves on being good members of parliament," Allen said.
Barron said he had some concerns, pointing out that some MPs could fall under the definition of someone whose main business is lobbying.Barron said he had some concerns, pointing out that some MPs could fall under the definition of someone whose main business is lobbying.
"By implication, there is a worry that the bill may restrict what we do," he told Allen. "You talked in your examples about people who are resident in their constituency."By implication, there is a worry that the bill may restrict what we do," he told Allen. "You talked in your examples about people who are resident in their constituency.
"My understanding is that they not only have to be resident but registered to vote as well, which would disenfranchise people whom I represent. That needs to be addressed and pretty quickly."My understanding is that they not only have to be resident but registered to vote as well, which would disenfranchise people whom I represent. That needs to be addressed and pretty quickly.
"It may be the case that saying what an MP can do is wrong, and we should just say that the bill does not affect MPs. Nobody can then misinterpret what our job is as part of a representative democracy. That job sometimes goes a bit wider than our own individual constituencies.""It may be the case that saying what an MP can do is wrong, and we should just say that the bill does not affect MPs. Nobody can then misinterpret what our job is as part of a representative democracy. That job sometimes goes a bit wider than our own individual constituencies."
John Hemming, a Liberal Democrat MP, also objected to the potential effect on MPs, MEPs and councillors. He said the bill "makes clear that MPs are required to register if they are writing about something which is not at the request of a constituent".John Hemming, a Liberal Democrat MP, also objected to the potential effect on MPs, MEPs and councillors. He said the bill "makes clear that MPs are required to register if they are writing about something which is not at the request of a constituent".
Dozens of charities, including Oxfam, the Royal British Legion and the Countryside Alliance, have already urged the government to go back to the drawing board.Dozens of charities, including Oxfam, the Royal British Legion and the Countryside Alliance, have already urged the government to go back to the drawing board.
Ministers met the National Council of Voluntary Organisations on Monday in an attempt to reassure charities they would not be affected. The government insists that "third-party campaigning only on policy issues would continue to be exempt" and accused campaigners of scaremongering about the implications of the bill.Ministers met the National Council of Voluntary Organisations on Monday in an attempt to reassure charities they would not be affected. The government insists that "third-party campaigning only on policy issues would continue to be exempt" and accused campaigners of scaremongering about the implications of the bill.
However, the NCVO said it is still deeply concerned that charities will fall within the remit of the new laws.However, the NCVO said it is still deeply concerned that charities will fall within the remit of the new laws.
It published legal advice from a leading human rights lawyer, Helen Mountfield QC, saying charities will be put in fear of criminal prosecution by the "chilling effect" of curbs on political campaigning.It published legal advice from a leading human rights lawyer, Helen Mountfield QC, saying charities will be put in fear of criminal prosecution by the "chilling effect" of curbs on political campaigning.
The bill will curtail the ability of charities and other non-party groups to campaign on political issues in the 12 months before a general election. The trade union Unison has also got new legal advice from Michael Ford QC, who said it represents a "serious infringement" of human rights and data protection laws.The bill will curtail the ability of charities and other non-party groups to campaign on political issues in the 12 months before a general election. The trade union Unison has also got new legal advice from Michael Ford QC, who said it represents a "serious infringement" of human rights and data protection laws.
It would cut from £989,000 to £390,000 the amount third-party groups could spend in this period before a general election.It would cut from £989,000 to £390,000 the amount third-party groups could spend in this period before a general election.
The bill would also broaden the definition of what constitutes "election campaigning", outlined in the Political Parties, Elections and Referendum Act 2000. The bill says activity could be deemed to come within the terms of the act if it affects the outcome of an election even if that was not its purpose.The bill would also broaden the definition of what constitutes "election campaigning", outlined in the Political Parties, Elections and Referendum Act 2000. The bill says activity could be deemed to come within the terms of the act if it affects the outcome of an election even if that was not its purpose.
Allen has previously called the bill a "dog's breakfast", while Douglas Carswell, a Tory MP, said that was inaccurate because "far more thought has gone into pet nutrition".Allen has previously called the bill a "dog's breakfast", while Douglas Carswell, a Tory MP, said that was inaccurate because "far more thought has gone into pet nutrition".
A Cabinet Office spokesman said the government did not intend for MPs
to be covered by the lobbying bill. "In order to be required to register under the bill a person must lobby 'in the course of a business'," he said.
A Cabinet Office spokesman said the government did not intend for MPs
to be covered by the lobbying bill. "In order to be required to register under the bill a person must lobby 'in the course of a business'," he said.
"Performing one's public role as an elected official does not amount to carrying on a business and is therefore exempt. This is true of anyone holding an
elected office such as an MP, MEP or councillor.
"Performing one's public role as an elected official does not amount to carrying on a business and is therefore exempt. This is true of anyone holding an
elected office such as an MP, MEP or councillor.
"Only if an elected official went beyond their official representative role and, say in some private arrangement, took money to make a lobbying communication on behalf of a particular person would they be caught by the register.""Only if an elected official went beyond their official representative role and, say in some private arrangement, took money to make a lobbying communication on behalf of a particular person would they be caught by the register."
• This article was amended on 3 September 2013 to add a response from the Cabinet Office.• This article was amended on 3 September 2013 to add a response from the Cabinet Office.
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