Summary of investigation – Prospermill Limited
February – March 2024
Organisation or person investigated
Prospermill, Prospermill Limited and Mr Andrew Mills (together: “Prospermill”)
Matter(s) investigated
Whether Prospermill conducted unregistered consultant lobbying.
Registrar’s decision
Based on assurances provided, Prospermill has not conducted unregistered consultant lobbying in relation to the matter under investigation.
Summary of rationale for decision
Based on substantive and unequivocal written information provided, Prospermill has not conducted unregistered consultant lobbying.
Under the Transparency of Lobbying, Non-Party Campaigning and Trade Union administration Act 2014 (“the Act”), a registrable communication is made by a VAT registered company or individual communicating with a Minister, Permanent Secretary (or equivalent) on behalf of a paying client.
Prospermill provided assurance that communications were with officials, not at Minister, Permanent Secretary (or equivalent) level.
Chronology
12 March 2024
Office of the Registrar of Consultant Lobbyists
Updated guidance on compliance
The guidance includes minor changes to aid clarity and understanding.
Summary of investigation – Brooks Newmark & Co Ltd
November 2023 – February 2024
Organisation or person investigated
Brooks Newmark & Co Ltd
Matter(s) investigated
Whether Brooks Newmark or Brooks Newmark & Co Ltd (“Mr Newmark”) conducted unregistered consultant lobbying.
Registrar’s decision
Based on third-party assurances provided, Mr Newmark has not conducted unregistered consultant lobbying in relation to the matter under investigation, whether as an individual or through a company.
Summary of rationale for decision
Third-party assurances were provided that neither Mr Newmark nor Brooks Newmark & Co Ltd are or were registered for VAT.
Under the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014, registration under the Value Added Tax Act 1994 is one of three conditions that define consultant lobbying.
Chronology
12 Dec 2023 | Response from Carter-Ruck, Mr Newmark’s representative, explaining that neither Mr Newmark nor his business are or were VAT-registered. |
15 Dec 2023 | Letter from the Registrar with a further query regarding payments. |
15 Jan 2024 | Letter from Carter-Ruck providing further background. |
17 Jan 2024 | Letter from the Registrar with a further query regarding VAT registration. |
1 Feb 2024 | Further letter from the Registrar, following no response. |
1 Feb 2024 | Letter from Shipleys, chartered accountants, via Carter-Ruck, explaining that payments made to Brooks Newmark & Co Ltd from an overseas company did not trigger a requirement for UK VAT registration. |
8 Feb 2024 | Letter from the Registrar concluding his investigation. |
13 February 2024
Office of the Registrar of Consultant Lobbyists
Record of Registrar’s external communications in 2024
This is a record of external communications made by the Registrar, Harry Rich, during 2024. We do not publish information about correspondence with whistleblowers who wish to protect their anonymity nor privileged legal communications or communications that would prejudice the conduct of a formal enquiry by the Registrar. The data is updated monthly.
Last updated March 2024
Advice for parliamentarians and former parliamentarians
If in a future role you might communicate with ministers or others on behalf of clients, you should be aware of your statutory duties under the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (‘the Act’).
A very brief overview is that UK VAT registered organisations and individuals who
communicate personally with Government Ministers or Permanent Secretaries (and
equivalents) on behalf of a third party and in return for payment must be registered in
advance of such activity.
The statutory obligation is to register in advance of any consultant lobbying and you can find detailed guidance here.
The requirements of the Act are separate to rules administered by other bodies such as professional regulators, the Advisory Committee on Business Appointments (ACOBA), the Parliamentary Commissioner for Standards or the Foreign Influence Registration Scheme (FIRS). You will need to understand any separate rules that you may be subject to in addition to the Act.
Summary of investigation – The Rt Hon the Lord Hammond of Runnymede
October to November 2023
Organisation or person investigated
The Rt Hon the Lord Hammond of Runnymede “Lord Hammond”
Matter(s) investigated
Whether Lord Hammond conducted unregistered consultant lobbying
Registrar’s decision
Based on assurances provided, Lord Hammond has not conducted consultant lobbying activities.
Summary of rationale for decision
Lord Hammond provided assurances that no representation took place and that he was an employee of Copper Technologies (UK) Ltd.
Under the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014, consultant lobbying is communicating with Ministers and Permanent Secretaries for a paying client. Lobbying conducted by an employee does not require registration.
Chronology
7 November 2023
Office of the Registrar of Consultant Lobbyistsoffice@orcl.gov.uk
Summary of Investigation – Big Innovation Centre
May to October 2023
Organisation or person investigated
Big Innovation Centre (“BIC”)
Matter(s) investigated
Whether BIC conducted unregistered consultant lobbying
Registrar’s decision
Based on assurances received, BIC has not conducted unregistered consultant lobbying activity.
Summary of rationale for decision
Based on substantive and unequivocal written information from BIC, no registerable communications have taken place. Where BIC provides secretariat services for All-Party Parliamentary Groups (“APPGs”), all communications with ministers are undertaken by APPG parliamentary officers.
Under the Transparency of Lobbying, Non-Party Campaigning and Trade Union administration Act (2014), a registrable communication is made by a VAT registered company or individual communicating with a Minister, Permanent Secretary (or equivalent) on behalf of a paying client. BIC provided assurance that no such communication has taken place.
Chronology
23 October 2023
Office of the Registrar of Consultant Lobbyists
Summary of Investigation – Newbridge Advisory
September to October 2023
Organisation or Person Investigated
Newbridge Advisory Limited (“Newbridge Advisory”)
Matter(s) Investigated
Whether Newbridge Advisory conducted unregistered consultant lobbying
Registrar’s Decision
Based on assurances given and evidence provided, Newbridge Advisory has not conducted unregistered consultant lobbying as defined in the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act (“the Act”).
Summary of Rationale for Decision
Under the Act, there is an exception for those with a business consisting mainly of non-lobbying activities; and where the communication is incidental to this business (“the incidental exception”).
I apply the incidental exception within narrow parameters, as set out in my guidance. Newbridge Advisory provided unequivocal and complete assurances to my queries, which helped me to ascertain that there was one communication to consider and:
- The business consists of mainly non-lobbying activities.
- The communication does not appear significant by volume, value, significance to client offering or contribution to non-lobbying activities.
Chronology
20 October 2023
Office of the Registrar of Consultant Lobbyists
office@orcl.gov.uk
Register of External Gifts and Hospitality
You can download below a record of all external gifts and hospitality for 2023/24 for the Registrar.
Last updated March 2024.
Quarterly Information Return Period Open
This is a reminder that – Quarterly Information Report for the July to September quarter is due by the 14th of October. A return needs to be submitted even if you have a nil declaration.