Transparency Of Lobbying, Non-party Campaigning And Trade Union Administration Act 2014
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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. The bill was sponsored by the
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and the
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(BIS). It was often referred to as "The Lobbying Bill" for short. It passed all parliamentary stages, and received royal assent on 30 January 2014. The bill was founded on the principle of 'transparency' and 'cleaning up politics'.


Origins

The bill was introduced partly in response to the
Labour Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...
selection process in
Falkirk Falkirk ( gd, An Eaglais Bhreac, sco, Fawkirk) is a large town in the Central Lowlands of Scotland, historically within the county of Stirlingshire. It lies in the Forth Valley, northwest of Edinburgh and northeast of Glasgow. Falkirk had a ...
and the alleged shortcomings of the influence of
Unite the Union Unite the Union, commonly known as Unite, is a British and Irish trade union which was formed on 1 May 2007 by the merger of Amicus and the Transport and General Workers' Union (TGWU). Unite is the second largest trade union in the UK (after ...
in that process. Problems with lobbying in
Westminster Westminster is an area of Central London, part of the wider City of Westminster. The area, which extends from the River Thames to Oxford Street, has many visitor attractions and historic landmarks, including the Palace of Westminster, Bu ...
also prompted the Bill. Following the recent expenses scandal Prime Minister David Cameron had suggested that lobbying was the "next big scandal" to consume Parliament. Some British
trade union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...
s suggested that the proposed bill was a cynical move by the Coalition Government. A Government spokesperson described the proposed Bill as a "radical" Bill. The bill would reduce the expenditure by charities during an election period before they must be registered with the
Electoral Commission An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
to £5,000, a proposal which has been criticised by some charities.


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". 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 Election law is a branch of public law that relates to the democratic processes, election of representatives and office holders, and referendums, through the regulation of the electoral system, voting rights, ballot access, election management b ...
relating to funding of candidates and electoral campaigning. The
Political Parties, Elections and Referendums Act 2000 The Political Parties, Elections and Referendums Act 2000 (c. 41) is an Act of Parliament of the United Kingdom that sets out how political parties, elections and referendums are to be regulated in the United Kingdom. It formed an important par ...
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 The Trade Union and Labour Relations (Consolidation) Act 1992c 52 is a UK Act of Parliament which regulates United Kingdom labour law. The Act applies in full in England and Wales and in Scotland, and partially in Northern Ireland. The law con ...
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 An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
admitted concerns over the "significant regulatory uncertainty" for businesses and charities. The Labour MP Angela Eagle claimed during the "Third Reading" stage 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". The charities
Oxfam Oxfam is a British-founded confederation of 21 independent charitable organizations focusing on the alleviation of global poverty, founded in 1942 and led by Oxfam International. History Founded at 17 Broad Street, Oxford, as the Oxford Co ...
and the
Royal British Legion The Royal British Legion (RBL), formerly the British Legion, is a British charity providing financial, social and emotional support to members and veterans of the British Armed Forces, their families and dependants, as well as all others in ne ...
said that the bill had a "lack of clarity". 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", and others called it "risible and misconceived", and said that it amounted to a "full-frontal attack on members of society". The
National Council for Voluntary Organisations The National Council for Voluntary Organisations (NCVO) is the umbrella body for the voluntary and community sector in England. It is a registered charity (no 225922). NCVO works to support the voluntary and community sector and to create an ...
(NCVO) strongly opposed the bill; 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 The leader of the House of Commons is a minister of the Crown of the Government of the United Kingdom whose main role is organising government business in the House of Commons. The leader is generally a member or attendee of the cabinet of the ...
Andrew Lansley Andrew David Lansley, Baron Lansley, (born 11 December 1956) is a British Conservative Party (UK), Conservative politician who previously served as Secretary of State for Health and Social Care, Secretary of State for Health and Leader of the H ...
defended the Bill as being necessary because of the lack of trust in politics. Liberal Democrat MP
John Thurso John Archibald Sinclair, 3rd Viscount Thurso (born 10 September 1953), known also as John Thurso, is a Scottish businessman, Liberal Democrat politician and hereditary peer who is notable for having served in the House of Lords both before and ...
called the Bill "a step forward". 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. 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. The former Cabinet Officer Minister Chloe Smith underlined how the Bill was about "extending transparency" during elections.


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 and received royal assent on 30 January 2014.Even the "mother of all parliaments ", the House of Commons, proceeded to act in the matter with the law on the lobbies:


See also

*
United Kingdom labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...


References

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External links


UK Lobbying Register
Election law in the United Kingdom Labour relations in the United Kingdom United Kingdom labour law 2013 in British law United Kingdom Acts of Parliament 2014 2014 in labor relations Trade union legislation