Why we need to improve the UK law on lobbying

We look at why the Lobbying Act 2014 needs to be improved to improve trust in politics and the government. We discuss the example of how the tobacco industry killed off the Tobacco and Vapes Bill through legal threats, lobbying and a charm offensive with Conservative MPs.

Transcript

Why we need to improve the UK law on lobbying

Soon after becoming Prime Minister on 5 July, Sir Keir Starmer said, “The fight for trust is the battle that defines our age”. One important element of this fight is to improve the lobbying law. The time to do that is now. Many different interest groups in the business and social spheres will be lobbying on their issues with the new government. In addition, hundreds of former MPs will be looking to make some money from their experience gained as parliamentarians.

The CIPR recently published a report, ‘Failure by Design,’ that showed that the vast majority of lobbying was hidden from public view and outside the remit of the Lobbying Act 2014 and the Office of the Registrar of Consultant Lobbyists (ORCL). The clue is in the regulator's name — the law only applies to consultant lobbyists. Of the meer 53 investigations carried out by ORCL over the last five years, only two have resulted in penalties. The rest were outside the law, with no requirement to register the lobbying contact with government ministers and senior civil servants.

A blatant recent example. In October 2023, the UK Government announced plans to create a ‘smoke-free generation’ by banning the sale of tobacco products to anyone born on or after 1 October 2009. The Tobacco and Vapes Bill progressed well through parliament with support from the main parties. Yet when the General Election was called, the Bill was immediately dropped rather than completed as other Bills were. Why? A Guardian newspaper investigation found that the Conservative government abandoned its “legacy” policy amid a backlash from the tobacco industry in the form of legal threats, lobbying and a charm offensive aimed at Conservative MPs, some of whom rebelled against the Bill. The world’s four biggest tobacco companies mounted a campaign of fierce opposition to the Bill and the damage to their profits. The tobacco industry arranged business lunches and drinks parties with Conservative MPs like Giles Watling and the business minister, Kemi Badenoch. They funded pro-smoking think tanks. All of this activity is outside the remit of the Lobbying Act.

I expect the tobacco industry to start a lobbying campaign against the new government, as the Labour Party election manifesto committed to a ‘smoke-free generation’.

The words of Alastair McCapra, CIPR Chief Executive, ring true. He said, “We have a dedicated and hardworking regulator in ORCL, but one that has ultimately been asked to catch smoke with its bare hands. We were told when the Lobbying Act was introduced that it would shine a light of transparency on UK politics, but our research reveals conclusively that it actually keeps the vast majority of lobbying from public view. Because of the limitations of the Lobbying Act, in too many cases investigations into confirmed lobbying activity, including that of David Cameron and Owen Paterson, require no obligation to register that activity in any public space. This is unacceptable at a time when public trust is plummeting to new depths. The time for change is upon us and we need to equip our regulator with the tools it needs to do its job.”

Indeed, it’s time for change, Sir Keir.

[Image by Arun Anoop on Unsplash]

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