In Transparency Of Lobbying, Non-Party Campaigning And Trade Union Administration Bill (HL 62), the Select Committee on the Constitution raises significant concerns about the content and handling of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill. The Bill, which regulates lobbying and sets rules on expenditure by persons or bodies other than political parties at elections, is due for its second reading in the Lords on 22 October 2013. The report says that effective parliamentary scrutiny is of manifest importance for legislation of constitutional significance. The Committee questions whether the significant lowering of the cap on expenditure at general elections by third parties is justified, given the fundamental constitutional right to freedom of political expression. There has been a lack of consultation by the Government on the proposals, including with the Electoral Commission, as well as the lack of

The Committee's accepts the Leader of the House's assurance that the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill (HCB 97, 2013-14 (ISBN 9780215057969)) was never intended to capture the normal work of Members as Members. Nevertheless they consider the approach the Government has taken to drafting the definition of consultant lobbying is unsatisfactory. The Bill is unclear in its definition of consultant lobbying and, in particular, about the way in which its provisions would apply to Members. The sweeping powers to refine this definition delegated to the Registrar of Consultant Lobbyists are unacceptable. It is perfectly possible that the courts and the Registrar of Consultant lobbyists will clarify that the definition does not extend so far. But primary legislation should be unambiguous about such matters. The difficulties about the way in which this legislation applies to Members of Parliament would be swept away if paragraph 2 of Schedule 1 was removed. It is necessary to make clear that Members' ordinary work is not caught by the Bill. A new subparagraph should be added to paragraph 6, stating that a reference to payment does not include a reference to the salary an MP receives as a Member of the House of Commons

While it accepts that there may be a pressing need to reform non-party campaigning, the report Legislative Scrutiny: Transparency Of Lobbying, Non-party Campaigning And Trade Union Administration Bill (HL 61, HC 755) calls on the Government to pause the passage of the Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Bill to allow for further scrutiny and for further consultation with the Electoral Commission, the Commission on Civil Society and Democratic Engagement and relevant stakeholders. The report recommends that there be more careful consideration of the potential impact on campaigners' rights to free speech and freedom of association. The Committee welcomes the Government improvements made to Part 2 during its passage though the Commons, but suggest that concerns remain. The Joint Committee express concerns regarding: the lack of clarity about the practical effects of the provision in this Part of t

Brought from the Commons on 9th October 2013. Explanatory notes to the Bill, prepared by the Cabinet Office and Department for Business, Innovation and Skills, are published separately as HL Bill 50-EN (ISBN 9780108551161)

These explanatory notes relate to the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill as introduced in the House of Commons on 17 July 2013. They have been prepared by the Cabinet Office and the Department for Business, Innovation and Skills in order to assist the reader of the Bill and to help inform debate on it. These explanatory notes do not form part of the Bill and have not been endorsed by Parliament. -- Introduction.