Summary of investigation – Disruptive Nanotechnology Limited
June – July 2024
Organisation or person investigated
Disruptive Nanotechnology Limited (“DNL”)
Matter(s) investigated
Whether DNL conducted unregistered consultant lobbying
Registrar’s decision
Based on information and assurances provided, DNL 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, DNL 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.
DNL provided evidence that they were not registered for VAT when the communications under investigation were made and assurances that no otherwise registerable communications have been made since their VAT registration.
Chronology
18 July 2024
Office of the Registrar of Consultant Lobbyists
Provisional Summary of investigation – Owen Paterson
January 2022 – July 2024
Organisation or person investigated
The Rt. Hon. Owen Paterson (“Mr Paterson”)
Matter(s) investigated
Whether Mr Paterson carried on the business of consultant lobbying without being registered.
Registrar’s proposed decision
That Mr Paterson carried on the business of consultant lobbying while not being registered.
Note: The Registrar’s proposed decision and the rationale for it set out below remain subject to any written representations made by Mr Paterson in response to the Registrar’s Notice of Intention and the Registrar may change his provisional decision in light of such representations.
Summary of rationale for proposed decision
Section 1(1) of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (“the Act”) states that a person must not carry on the business of consultant lobbying unless entered in the Register of Consultant Lobbyists (“the Register”).
Section 2 of the Act defines consultant lobbying. A summary of this definition is: UK VAT registered organisations and individuals who communicate personally with Government Ministers or Permanent Secretaries (and equivalents) concerning specified matters on behalf of a third party and in return for payment.
Mr Paterson was a paid consultant for Randox Laboratories Ltd (“Randox”). He made personally eight direct communications to the then Secretary of State at the Department for Health and Social Security (“DHSC”) between 26 January 2020 and 24 October 2020. The communications were in relation to Mr Paterson’s client, Randox. Mr Paterson was VAT registered at the time of the communications. The Registrar provisionally considers that the above eight communications were registerable. Mr Paterson was not registered on the Register at the material time when the communications were made.
Chronology
| Date | Action |
| 13-12-22 | Letter from the Registrar to the Department for Health and Social Care (“DHSC”) requesting copies of communications from Mr Paterson to Ministers concerning Randox. |
| 12-01-23 | Email from DHSC providing copies of communications from Mr Paterson to Ministers. |
| 24-01-23 | Letter from the Registrar to DHSC regarding the communications. |
| 24-01-23 | Formal letter from the Registrar to Devonshires, representing Mr Paterson (“Devonshires”), regarding his communications with the then Secretary of State for Health and Social Care. |
| 03-02-23 | Letter from Devonshires, inter alia, requesting the Registrar to issue a statutory Information Notice prior to Mr Paterson responding to the Registrar’s questions in his letter of 24 January 2023. |
| 07-02-23 | Registrar issues a statutory Information Notice seeking a response to the questions asked in his letter of 24 January 2023. |
| 09-02-23 | Letter from Devonshires stating that their client is not a consultant lobbyist but otherwise not providing answers to the letter of 24 January 2023. |
| 09-03-23 | Letter from the Registrar to DHSC seeking to confirm the provenance of the messages provided on 12 January 2023. |
| 09-03-23 | Letter from Devonshires, inter alia, stating that Mr Paterson has no records and cannot recall the details of the exchanges and asking the Registrar to close the investigation. |
| 22-03-23 | Letter to the Registrar from DHSC confirming that the messages provided on 12 January 2023 were between Mr Paterson and the then Secretary of State for Health and Social Care. |
| 23-03-23 | Letter from the Registrar to Devonshires responding to points raised in their letter of 9 March 2023 and requesting evidence regarding their assertion that Mr Paterson’s communications to Ministers were incidental[1] to his consultancy business. |
| 30-03-23 | Devonshires email requesting an extension to the deadline for a response. Over the following weeks the Registrar corresponded with Mr Paterson’s representative in relation to the deadline for a response. |
| 06-04-23 | DHSC letter confirming the provenance of the communications provided on 12 January 2023. |
| 29-08-23 | Letter from Devonshires stating their intention to respond to the issues raised by the Registrar and requesting copies of the DHSC communications referenced in the Registrar’s letter of 24 January 2023. |
| 11-09-23 | Letter from the Registrar to Devonshires providing the DHSC messages referenced and requesting a response to his letter of 23 March 2023 by 27 September 2023. |
| 03-10-23 | Letter from Devonshires neither providing evidence nor answering the questions in the Registrar’s 23 March 2023 letter. |
| 30-10-23 | Registrar issues a statutory Information Notice seeking the information and evidence requested on 23 March 2023. |
| 21-11-23 | Devonshires requests an extension to respond to the statutory Information Notice to 15 December 2023. |
| 21-11-23 | Registrar agrees to the extension. |
| 15-12-23 | Devonshires responds to the Registrar’s letter of 23 March 2023 and states an intention to appeal against the statutory Information Notice. |
| 15-12-23 | Devonshires submits an appeal to the First-tier Tribunal (General Regulatory Chamber) (“GRC”) against the Information Notice of 30 October 2023. |
| 03-01-24 | Government Legal Department (“GLD”), representing the Registrar, writes to the GRC regarding Mr Paterson’s appeal of 15 December 2023 to inform them it was made 18 days late. |
| 03-01-24 | Letter from the Registrar to Devonshires stating that Mr Paterson’s appeal is out of time and that, assuming the letter of 15 December 2023 is as full and accurate an account as their client is able to give, the Information Notice is closed. |
| 03-01-24 | Letter from Devonshires to the Registrar, inter alia, offering a meeting with Mr Paterson. |
| 02-02-24 | GRC dismissal of Mr Paterson’s appeal is received by GLD (although dated 18 December 2023). |
| 08-04-24 | Letter from the Registrar to Devonshires stating that he is “minded to” conclude that Mr Paterson has conducted consultant lobbying activity in relation to the communications subject to his investigation and requesting any further representations and evidence prior to making any formal provisional decision. |
| 19-04-24 | Letter from Devonshires to the Registrar requesting an extension to respond to his letter of 8 April 2024. |
| 19-04-24 | Letter from the Registrar to Devonshires agreeing to the deadline extension. |
| 30-04-24 | Letter, witness statement and evidence from Devonshires to the Registrar disputing that Mr Paterson had conducted consultant lobbying. |
| 03-07-24 | Letter from the Registrar and a provisional Notice of Intention to issue a civil penalty. |
[1] There is an incidental exception under the Act
3 July 2024
Office of the Registrar of Consultant Lobbyists
[1] There is an incidental exception under the Act
Summary of investigation – Baroness Michelle Mone
March 2022 – May 2024
Organisation or person investigated
Baroness Michelle Mone (“Baroness Mone”)
Matter(s) investigated
Whether Baroness Mone conducted unregistered consultant lobbying.
Registrar’s decision
Based on a witness statement, supported by a statement of truth, from Baroness Mone, she has not conducted unregistered consultant lobbying in relation to the matter under investigation.
Summary of rationale for decision
Section 1(1) of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (“the Act”) states that a person must not carry on the business of consultant lobbying unless entered in the Register of Consultant Lobbyists.
Section 2 of the Act defines consultant lobbying. A summary of this definition is: 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.
All conditions in section 2(1) of the Act have to be met to satisfy the definition of consultant lobbying. Baroness Mone communicated to Ministers regarding PPE Medpro in respect of matters covered by section 2(3) of the Act. PPE Medpro was not a paying client, if it had been, it is likely this would have been consultant lobbying and therefore registrable. However, as it was not, Baroness Mone’s communications with Ministers were not in return for payment and did not satisfy section 2(1)(a) of the Act and so were not registrable.
Chronology
| Date | Action |
|---|---|
| 24-03-22 | Article in The Guardian including details of an email sent by Baroness Mone to a Cabinet Office Minister regarding personal protective equipment (“PPE”). |
| 29-03-22 | Formal letter from the Registrar to Baroness Mone giving background on the requirement for registering and asking if her activities fall within the criteria to be registered, with particular reference to, but not limited to, PPE Medpro. |
| 04-04-22 | Email from Baroness Mone requesting the Registrar to provide reasonable grounds for his enquiry. |
| 06-04-22 | Letter from the Registrar explaining that the reasonable grounds for his enquiry are provided by The Guardian article of 24 March 2022 and providing assurance that no conclusions have been reached at this stage. |
| 14-04-22 | Statutory Information Notice issued to Baroness Mone for a response to the Registrar’s letter of 29 March 2022. |
| 09-05-22 | H C Legal Consulting, representing Baroness Mone, submits appeal to the First-tier Tribunal (General Regulatory Chamber) (“GRC”) against the Information Notice of 14 April 2022.[1] |
| 05-06-22 | Case Management Directions from the GRC, following a request by the appellant to stay the appeal. |
| 14-06-22 | Response to appeal filed by the Government Legal Department (“GLD”), representing the Registrar. |
| 18-11-22 | GRC remote Case Management Hearing. |
| 18-11-22 | GRC directions regarding case management, inter alia, granting a stay on the appeal. |
| 04-07-23 | GRC order vacating the case management hearing scheduled for 11 July 2023, and, inter alia, continuing the stay of the appeal. |
| 09-01-24 to 01-05-24 | Letters between GLD (on behalf of the Registrar) and Grosvenor Law (on behalf of Baroness Mone) in respect, inter alia, of possible provision of evidence by her to the Registrar. |
| 18-01-24 | GRC directions, inter alia, continuing the stay of the appeal. |
| 31-01-24 | Registrar request to HMRC (as permitted under section 23(3) of the Act and regulation 6 of the Registration of Consultant Lobbyists Regulations 2015 (SI 2015/379) regarding whether Baroness Mone was VAT registered at the time of the communications. |
| 01-05-24 | Witness statement and statement of truth provided by Baroness Mone, via Grosvenor Law, setting out why the communications, subject to investigation were not made in the course of business nor in return for payment. The Registrar considers that this information fulfilled the purpose of the Information Notice of 14 April 2022. |
| 21-05-24 | Letter from the Registrar to Grosvenor Law concluding his investigation. |
21 May 2024
Office of the Registrar of Consultant Lobbyists
[1] Statutory Information Notices issued by the Registrar can be appealed to the GRC.
Summary of investigation – This Generation Communications Ltd
January – May 2024
Organisation or person investigated
This Generation Communications Ltd (“TGC”)
Matter(s) investigated
Whether TGC conducted unregistered consultant lobbying
Registrar’s decision
Based on assurances and information provided, TGC has not conducted unregistered consultant lobbying in relation to the matter under investigation.
Summary of rationale for decision
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.
Based on substantive written information provided, TGC did not communicate with a Minister, Permanent Secretary (or equivalent) on behalf of its clients.
Chronology
20 May 2024
Office of the Registrar of Consultant Lobbyists
Summary of investigation – Centaurus Communications Ltd
April – May 2024
Organisation or person investigated
Centaurus Communications Ltd (“Centaurus”)
Matter(s) investigated
Whether Centaurus conducted unregistered consultant lobbying
Registrar’s decision
Based on assurances and information provided, Centaurus has not conducted unregistered consultant lobbying in relation to the matter under investigation.
Summary of rationale for decision
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.
Based on substantive written information provided, Centaurus was not paid for its role in the meeting with the Minister for Enterprise, Markets and Small Business for Walker Morris.
Chronology
20 May 2024
Office of the Registrar of Consultant Lobbyists
Register of External Gifts and Hospitality 24/25
You can download below a record of all external gifts and hospitality for 2024/25 for the Registrar.
Last updated May 2024.
Business Plan 2024/25
This document sets out the key priorities of the Registrar to ensure continued compliance with the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 during the 2024-25 financial year.
Summary of investigation – John Baron MP
April 2024
Organisation or person investigated
John Baron MP (“Mr Baron”)
Matter(s) investigated
Whether Mr Baron conducted unregistered consultant lobbying
Registrar’s decision
Based on assurances and information provided, Mr Baron has not conducted unregistered consultant lobbying in relation to the matter under investigation.
Summary of rationale for decision
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.
Based on substantive written information provided, Mr Baron’s role for Baron & Grant Investment Management Limited is solely to Chair the quarterly Investment Committee.
Chronology
23 April 2024
Office of the Registrar of Consultant Lobbyists
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
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 July 2024