2017 – 2018 Statement of Accounts
On 19 July, following audit by the National Audit Office, the Registrar of Consultant Lobbyists’ Statement of Accounts were laid before Parliament.
Personal statement by the Registrar
I wish to confirm that I will be standing down from my role as Registrar at the end of my term of office on Friday 21 September 2018.
It has been a privilege to serve as Registrar for the past four years. I established the Register in very short timescales, which required the establishment of an entirely new technical system, interpretation of the Act, personally writing the associated guidance and building relationships with stakeholders. During the whole of my period in office, despite many opportunities to do so, I have made no comment about the legislation, keeping faith with what I said to the ministers who appointed me, and preserving the independence of my role.
There have been many challenges during this time, and it has been really difficult to maintain the Register, assure the quality of its content, provide confidence to stakeholders and ensure that all the requirements of the Registrar set out in the legislation have been achieved, and remain fresh in the minds of users.
I would like to thank all those that have supported me and my work during this period. I have valued the relationships I have built with registrants and stakeholders enormously.
My work as Registrar has formed part of my non-executive portfolio-over time, I had expected that it would form a smaller part, but in the event this did not happen. It is no longer possible for me to continue to commit as much time as is needed to my role as Registrar, and I have therefore decided not to seek a further term.
The appointment of my successor is a matter for the Cabinet Office, not for me.
ALISON J WHITE
Registrar
Summary of investigation – Longevity International
Summary of investigation
August to November 2020
Organisation or person investigated
Longevity International (UK)
Matter(s) investigated
Whether Longevity International (UK)’s activities, relating to the Longevity APPG, are such that they should be entered on the Register of Consultant Lobbyists.
Registrar’s decision
Based on Longevity International (UK)’s assurances and no evidence to the contrary, Longevity International (UK) is not involved in consultant lobbying.
Summary of rationale for decision
Longevity International (UK) provides secretariat support, including organisation of events and publications. Longevity International (UK) has provided assurance that it never communicates with a Minister of the Crown or permanent secretary on behalf of the Longevity APPG or any of its members.
Chronology
| 6 August 2020 | ORCL receives email from a third party that Longevity International (UK) appears to be in violation of rules on consultant lobbying. |
| 7 August 2020 | Initial formal letter of enquiry from Registrar emailed to Longevity International (UK), outlining statutory requirements in relation to Register of Consultant Lobbyists and seeking their views on whether their activities as Longevity APPG secretariat amount to consultant lobbying that requires registration. |
| 3 September 2020 | Information Notice, from the Registrar, emailed and sent by hard copy to Longevity International following no response to the letter. |
| 4 September 2020 | Hard copy of letter returned by Royal Mail ‘addressee gone away’. |
| 5 November 2020 | ORCL emails further addresses, connected to Longevity, regarding the breach of legislation through failure to respond. |
| 6 November 2020 | Longevity International (UK) emails stating that previous communications were not received and confirming that any communication with Ministers or Permanent Secretaries always comes from the Longevity APPG Chair. |
| 9 November 2020 | (UK) never makes any form of communication to Ministers or Permanent Secretaries on behalf of the APPG or any of its members; and to clarify the nature of the services Longevity International (UK) provides to the APPG. |
| 10 November 2020 | Longevity International (UK) emails confirmation that it never makes any form of communication to Ministers or Permanent Secretaries on behalf of the APPG or any of its members; and that it is a support provider to the APPG managing the secretariat function, including the organisation of events and publications. |
2018 – 2019 Business Plan
The Registrar of Consultant Lobbyists, Alison White, published her Business Plan today, setting out key priorities to ensure continued compliance with the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014.
You can read the Business Plan here.
Conference of European Lobbying Registrars in Dublin
The Registrar attended a conference of European Lobbying registrars hosted by the Irish Lobbying registrar in Dublin on 21/22 March.
Representatives from France, Austria, Scotland, the EU and Lithuania gathered to review the current state of implementation of their registers and to share best practice in stakeholder engagement, compliance and measuring success.
Despite the differences in legislation and organisational approaches, a rare opportunity to learn from the experience of others and help to inform the future approach of the Office to education and communications, especially using social media is useful and will enrich the plans the Office has for the year ahead.
Newsletter – March 2018
Register Update
The start of any new calendar year is always the busiest time as the Office is not only processing quarterly returns, but also dealing with collection of the annual registration fee. There are currently 129 registrants on the Register-six were made inactive from 31 December, having decided that they were no longer conducting the business of consultant lobbying.
The Registrar extended the deadline for submission of quarterly returns until 22 January, due to the technical problems being experienced at the start of the year. However there were three registrants who failed to meet even that deadline. The Office issues warning letters to them; and where appropriate, the Registrar also speaks the organisations that miss the deadline. So far, it has not been considered necessary to consider enforcement action, but multiple transgressions could cause that to happen. It is not acceptable to miss deadlines-the Office takes a lot of trouble to remind registrants of the forthcoming submission deadline, and everyone should now know when the dates are. Please note that the next deadline for quarterly returns is fast approaching (14 April), and registrants should ensure that this date is in their office diaries.
Processing the annual fee has been a major challenge this year-once again the deadline was extended (to 31 January), and on that date, nearly a third of registrants had not paid their fee. In order to remain on the Register, the Registrar is entitled to impose charges and to treat non-payment of the renewal fee as reasonable grounds for believing that an organisation is not (or is no longer) a consultant lobbyist, otherwise the renewal fee would have been paid (Section 22 [4] of the Act). Those organisations which do not pay their fee by the due date and continue to conduct the business of consultant lobbying, are doing so unlawfully. Additionally, the Registrar has to consider whether the conduct of those organisation amounts to an offence under Section 12 (1) (a) of the Act, and whether to impose a civil penalty. Civil penalties have been imposed on organisations in the past for exactly this offence.
32 registrants submitted a nil return for the October-December period, of which 26 had previously declared three or more consecutive nil returns. The Registrar continues to keep multiple nil returns under constant review and regularly meets organisations who persistently file nil returns. The key issue for consideration is whether those organisations are likely to conduct relevant communications within the foreseeable future-the onus is on those organisations to convince the Registrar that this is the case. Registration is not a matter of personal choice-an organisation cannot be on the Register if it is not currently, or does not plan in the near future to, conduct the business of consultant lobbying.
Compliance Officers presentation
The Registrar presented a working session for users of the Register at a meeting facilitated by the PRCA and hosted by the Fleishman-Hillard Group on Tuesday 20 February. A copy of the slides can be found here.
The Registrar particularly highlighted those areas where over-declaration of clients has been a problem in the past and pointed out some of the potential pitfalls in making correct client declarations. In most instances, the reason for over-declaration falls into three categories:
- drafting a letter for a client, which the client signs;
- briefing a client for a meeting, which the consultant lobbyist does not attend; and
- communications with a Minister’s office or secretary (even if asking for a message to be passed to the Minister).
None of these are registrable.
Registrants may find it helpful to refresh their knowledge of the Registrar’s Requirements to Register guidance. Section 2 Information Updates deals with QIR requirements and can be found by clicking here and visiting the guidance section of the ORCL website. Additionally the Registrar’s APPG guidance can be found by clicking here or visiting the specialist guidance section of the website.
If registrants have any concerns that they may have declared clients in error on any of their past returns, then please contact the Office as soon as possible.
The Registrar is very willing to engage directly with registrants who are seeking clarification on whether specific communications are registrable. Additionally the Registrar has undertaken a number of visits to registrants, presenting to staff in order to build knowledge and understanding. If this is something you believe would be helpful, please contact the Office.
Registration of charities
An organisation is not exempt from registration simply because it is a charity. Charities are only exempt from registering as long as they do not receive payment for making communications from the person upon whose behalf they are made. A communication is not made in return for payment if:
(a) a person makes the communication on behalf of persons of a particular class or description;
(b) the income of the person making the communication derives wholly or mainly from persons who are not of that class or description; and
(c) the person does not receive payment, from persons of that class or description, in return for making that communication.
All of these criteria must be in place for the exception to apply.
So, for example, a homelessness charity which receives donations from the public and communicates with ministers on behalf of homeless people would not be required to register.
A PDF copy of the quarterly newsletter can be viewed here.
Registrar presents to Compliance Officers
The Registrar presented a working session for users of the Register at a meeting facilitated by the PRCA and hosted by the Fleishman-Hillard Group on Tuesday 20 February. A copy of the slides can be found here.
Newsletter – January 2018
An apology
In the past few weeks, technical issues have been affecting the operation of the Register. A number of registrants have not been able to upload their quarterly information returns for the October-December period, or pay their annual registration fees (either the correct amount, or at all). Additionally, the search engine has not been working.
It has taken some time to track down the reasons for the problems, and resolve them.
I am assured that the technical problems have now been fixed, and the Office is working hard to get back to business as usual. However, I empathise with the frustration that you may have experienced, and you have my personal apologies for this.
The Office will be undertaking some technical diagnosis to reassure me (and you!) that these problems will not recur. In the light of the position, I feel it is only appropriate and fair, to extend the deadlines for both submission of quarterly returns (originally due 14 January) and now due at the latest please by close of play on Monday 22 January, and for payment of the £1000 annual renewal fee (originally due 19 January) and now due at the latest please by close of play on Wednesday 31 January.
Once again, my apologies.
Alison J. White
Registrar of Consultant Lobbyists
To download the start of year newsletter as a PDF file, please click here.
Newsletter – December 2017
Review of the year
At the start of this year, there were 125 registrants live on the Register; currently this number has risen to 136. A number of new organisations have joined the Register, often a function of changes required by clients in the context of exiting the EU. There have also been organisations leaving and joining the Register as a result of compliance work by the Registrar.
The Registrar continues to work with those organisations already registered and those which might need to become registered, to ensure that the requirements of the legislation are being properly observed, and to keep registration details correct and up to date. During the year, the Registrar has carried out a number of enquiries to satisfy herself on all these issues, and to ensure that her statutory responsibilities are being carried out properly and thoroughly. Where changes are required, these are always noted on the registration record.
If any organisation has concerns that any of its past information may not be correct, for whatever reason, then please contact the Office for help in making the necessary corrections. The Registrar wishes to remind registrants that the onus is on them to ensure their records are correct and up to date at all times.
Information Retention response and updated guidance
During the last quarter of this year, the Registrar conducted a consultation to refresh the guidance relating to information publication and retention. Eight responses were received which were carefully considered and where appropriate reflected in her response, to be found at:
The updated guidance includes the future approach that will be taken regarding the publication of changes to statutory information; the appropriate length and time that information should be published and the circumstances and length of time where matters of non-compliance should be published and retained. The refreshed guidance can be found at:
Technical improvements to the Register
In her business plan for this year, the Registrar committed to some further modest technical improvements to the Register as a result of stakeholder feedback. These changes have now been implemented with the objective of enhancing the user experience and include:
- allowing large numbers of clients to be declared in quarterly information returns (a particular issue for those that provide support services for APPGs);
- making it easier to add new partners and directors (affiliates) on quarterly information returns; and
- an easier to use and more responsive search function, when looking up who is registered.
Please do let the Office know if you have any other suggestions that would improve the online Register.
Reminder for fee renewals
The £1,000 renewal fee is due for payment at the latest by Friday 19 January 2018; please put this date in your diary. You will receive more detailed information by email shortly. In order to ensure the transaction is successfully processed by your bank, please have your three digit security code to hand. Your payment will not be able to be processed without it. If you have any queries regarding this (including any other difficulties with payment), then please contact the Office as soon as possible. The Registrar wishes to remind registrants that in the past, enforcement action has been required for organisations that continued to conduct consultant lobbying without paying their fees (and hence remained unregistered).
Reminder for quarterly information returns in January
The October to December quarterly information returns are due at the latest by Sunday 14 January 2018. Registrants who are content that their QIRs are unlikely to change before the end of the month, may wish to submit their returns as soon as possible. Last year, many organisations were late either because of annual leave or just getting forgotten about in the Christmas holidays. This is not acceptable-returns are not optional and MUST be submitted on or before the due date.
The Festive Period
There will be a reduced staff presence in the Office during the festive period and so registrants are asked to please bear with us should queries take longer than usual to resolve.
The Registrar and the Office would like to thank registrants and stakeholders for their continued engagement in 2017 to ensure compliance with the legislation, and to send best wishes for the festive season.
To download the quarterly newsletter at a PDF file, please click here.
Response to Information Publication and Retention Consultation
The Registrar recently consulted on refreshing guidance about information publication and retention. Eight responses were received which are very much appreciated, and have helped to further inform the Registrar’s thinking on this important issue.
The Registrar is publishing new guidance today which encompasses the following changes in approach:
Archive of Register – to retain archived copies of the Register on the website for five years, after which time copies will be transferred to the National Archive.
Website information – to remove all information older than 12 months from the News section (and then delete it), and to retain official publications (such as the business plan and statement of accounts) in the Publications section for five years (this latter period has been increased in response to consultation feedback).
Periods of data inaccuracy – the date of any substantive changes will be recorded on the face of the Register. All notes will be removed at the next point the Register is archived (after 12 months have elapsed, the following 1 January each year).
Publication of registration information – in the event that a registrant ceases the business of consultant lobbying, that organisation will be removed from the Register at the next point the Register is archived, after 12 months have elapsed (so on 1 January each year, those organisations that have not conducted the business of consultant lobbying for more than 12 months will be removed).
In the event that that registrant subsequently re-joins the Register, the dates of previous registration(s) will be noted on the record.
Publication of quarterly updates of client information – client information or nil returns will be published on the face of the current Register for three years from the date the information was first published or when the registrant ceased the business of consultant lobbying, whichever is the latest. All quarterly return information will continue to be available for the same five year period that the Register is available, in the archived information.
Offences – to remove information about civil penalty notices from the Register at the next point the Register is archived, after 12 months have elapsed from the point at which the fine was paid ( on 1 January each year). Information will continue to be retained in the archived Registers and Statements of Accounts. This point was the one which generated most disagreement in consultation responses, but this is considered to be a proportionate and balanced position.
Information regarding criminal convictions would be retained until the conviction is regarded as “spent”.
There will be a requirement for a further update regarding data protection early next year to take account of the requirements of the General Data Protection Regulation.
A copy of the guidance on information publication and retention can be found here.