Insights briefing The Lobbying Act 2016 Natasha Durkin July 2018

The regulation of lobbying in Scotland – pathway to ‘strong’ lobby legislation No scandal/crisis as catalyst – contrast USA, Australia, UK The ‘right to petition’ is fundamental to the democratic process How to ensure no unfair advantage taken from access? Regulation that balances openness and transparency with full engagement of citizens Lobbying Scotland Act 2016 In force from 12 March 2018 July 2018 Insights briefing

Wide range of different approaches internationally Status Voluntary (EU Transparency Register) Mandatory systems (US, UK, Scotland) Lobbying Registers – the standard control Limited to professional/commercial Lobbyists (Australia, UK) Wide application with limited exemptions (Scotland) Definition of lobbying Restricted to face to face communications (Scotland) Extends to all forms of communication (Ireland) July 2018 Insights briefing

The UK Consultant Lobbying Register – applies to lobbying the UK Government. Applies to 3rd party consultant lobbyists only – those carrying on the business of lobbying. Lobbying targets include ministers, permanent secretaries, special advisors but not MPs. Excludes lobbyists working in-house for organisations. Register contains between 110-130 registrants. Widely criticised legislation – narrow in scope and lacking clarity July 2018 Insights briefing

Rationale for the Scottish approach Additional devolution of more powers to the Scottish parliament increasing lobbying. Brexit as a further catalyst for more lobbying in Scotland. A lobbying register would both strengthen existing good practice and act as a deterrent. Scottish government has a commitment to openness, transparency and inclusion. July 2018 Insights briefing

Key features of the Lobbying Scotland Act 2016 Wide application – doesn't just apply to professional lobbyists With some limited exemptions (small businesses, communicating with government on your own account), anybody/any organisation is potentially within the scope of the Act. Narrow definition of lobbying Regulated lobbying is restricted to face to face communication. This excludes letters, email, telephone calls, but includes video conferencing. A loophole surely? What really is the difference between a skype call and phone call? July 2018 Insights briefing

Regulated lobbying – what is it? What is regulated lobbying? A face to face communication that relates to government or parliamentary functions. Very wide definition of relevant communications – government functions includes pretty much everything in Scottish public life. Who does the lobbying target? The communication must be made, face to face, to an MSP, member of the Scottish government, junior Scottish Minister, special advisor or permanent secretary. Other civil servants are not relevant targets for the Act. July 2018 Insights briefing

The duty to register If an organisation/ individual is engaged in regulated lobbying then it must register on the Lobbying Register Information must be provided on: 1.The name of the person lobbied 2.Date/location of the lobbying 3. Description of the meeting/event or other circumstance when the lobbying took place 4.The purpose of the lobbying July 2018 Insights briefing

The Register has been live since March 2018 A big variety of returns, and wide variety of civic life represented:- RICS in Scotland Royal Institution of Chartered Surveyors (RICS in Scotland) lobbying.scot/return/1288/  Published date : 04/04/2018 Return amended :  Purpose of the lobbying : To discuss RICS' views on approaches to tackling the housing supply shortage following Labour roundtable on social housing. RICS' view is that the establishment of a Housing Land Agency (HLA) - an arm's length body from Government - will increase the pace and quantity of housing supply, and called on Scottish Labour to support this notion Scottish Slimmers  lobbying.scot/return/1506/  Published date : 13/04/2018 Return amended :  Purpose of the lobbying : To provide a general overview about the work of Scottish Slimmers and to discuss issues arising from the recent Scottish Government consultation on 'A Healthier Future - Action and Ambitions on Diet, Activity and Healthy Weight'. These issues included (1) price promotions, (2) advertising of products high in fat, salt and sugar, (3) the out of home sector, (4) product labelling, (5) reformulation of foods and innovation, (6) Scotland's relationship with food, (7) weight management services and health living interventions.  July 2018 Insights briefing

Enforcement There is a 3 tier enforcement system – the Clerk of the Scottish Parliament has overall responsibility for monitoring compliance/ can issue information notices The Commissioner for Ethical Standards may investigate complaints A failure to answer questions from the Commissioner/ fail to produce a document requested is an offence – imprisonment not exceeding 3 months or a fine not exceeding £5000 applies. The Scottish Parliament can censure lobbyists if a breach occurs It is an offence to fail to register/provide inaccurate information – a fine of £1000 applies The Act is a good opportunity to review communications policy, have clarity and good discipline about messaging. 20 June 2018 Taylor Wimpey - senior training