Updated guidance on compliance

The guidance includes minor changes to aid clarity and understanding.

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

Date	Action
4 Sept	Article in openDemocracy regarding meeting between Palantir and the Cabinet Office.
6 Sept	Formal letter from the Registrar to Newbridge Advisory giving background on the requirement for registering and asking if its activities fall within the criteria to be registered with particular reference to, but not limited to, any communications made on behalf of Palantir.
18 Sept	Detailed response from Newbridge Advisory
26 Sept	Letter from Registrar requesting contractual information.
4 Oct	Response from Newbridge Advisory regarding contract with Palantir.
20 Oct	Letter from Registrar concluding his investigation.

20 October 2023

Office of the Registrar of Consultant Lobbyists

office@orcl.gov.uk

Summary of Investigation – Rupert McNeil

July to August 2023

Organisation or person investigated

Rupert McNeil (“Mr McNeil”)

Matter(s) Investigated

Whether Mr McNeil conducted unregistered consultant lobbying

Registrar’s Decision

Based on assurances given and evidence provided, Mr McNeil has not conducted consultant lobbying activity.

Summary of Rationale for Decision

Mr McNeil provided evidence that he was an employee of Lincoln Storm then Storm Energia. Under the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014, consultant lobbyists communicate on behalf of clients. Communications made by employees on behalf of their employer are not consultant lobbying.

Chronology

Date	Action
5 July	Article in Civil Service World regarding a letter from the Advisory Committee on Business Appointments, following Mr McNeil’s letters to ministers.
12 July	Formal letter from the Registrar to Mr McNeil giving background on the requirement for registering and asking if his activities fall within the criteria to be registered with particular reference to, but not limited to, any communications made on behalf of Storm Energia Ltd and Lincoln Storm Ltd.
28 July	Letter of 12 July re-sent by email.
28 July	Email from Mr McNeil confirming receipt and correct contact details.
31 July	Response to letter of 12 July setting out reasons that his communications are not subject to the Act, including that they were made in his capacity as an employee.
4 August	Letter from the Registrar requesting further details to demonstrate that Mr McNeil was an employee at the time of the communications.
10 August	Letter from Mr McNeil providing evidence of his employment.
23 August	Letter from Registrar concluding his investigation

23 August 2023

Office of the Registrar of Consultant Lobbyists

office@orcl.gov.uk

Strengthening Ethics and Integrity in Central Government

The government has published Strengthening Ethics and Integrity in Central Government. Section Four considers the Register of Consultant Lobbyists. The Registrar’s submission of September 2022 to the Public Administration and Constitutional Affairs Committee’s inquiry into Lobbying and Influence is here.

Summary of Investigation – Businessfore

May to June 2023

Organisation or Person Investigated

Businessfore

Matter(s) Investigated

Whether Businessfore conducted unregistered consultant lobbying

Registrar’s Decision

Based on assurances received, Businessfore has not conducted unregistered consultant lobbying activity.

Summary of Rationale for Decision

Based on unequivocal and complete written assurances, Businessfore meets the three tests as a representative organisation, exempt from registration under the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (‘the Act’). This exemption applies to an organisation if:

• It represents a particular class or body of people; and
• its income is derived wholly or mainly from those people; and
• its communications on behalf of those people is no more than an incidental part of its general activity.

Chronology

Date	Action
17 May 2023	Politico article regarding an event hosted in parliament on behalf of Businessfore.
24 May 2023	Enquiry letter from the Registrar sent to Kerry London Limited, to find out more about Businessfore and the relationship between them.

31 May 2023	Full response from Kerry London limited.
1 June 2023	Formal letter from the Registrar to Businessfore giving background on the requirement for registering and asking if its activities, or those of Kerry London Limited or Kelliher Insurance Group fall within the criteria to be registered with particular reference to, but not limited to, a POLITICO report on 17 May regarding a Businessfore event in the House of Commons hosted by Amanda Solloway, MP.
12 June 2023	Response from Businessfore, including details on how Businessfore meets the representative organisations exemption under the Act.
23 June 2023	Letter from the Registrar concluding his investigation

23 June 2023

Office of the Registrar of Consultant Lobbyists

office@orcl.gov.uk

Summary of Investigation – Mohamed Amersi

May to June 2023

Organisation or Person Investigated

Mohamed Amersi (“Mr Amersi”)

Matter(s) Investigated

Whether Mr Amersi conducted unregistered consultant lobbying.

Registrar’s Decision

Based on assurances received, Mr Amersi has not conducted unregistered consultant lobbying activity.

Summary of Rationale for Decision

Mr Amersi’s representative provided unequivocal and complete written assurances that no payment was received for his communications regarding Oxsed. Under the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014, consultant lobbying is ‘in the course of a business and in return for payment’.

Chronology

Date	Action
18 May 2023	Article in The Guardian referencing Mr Amersi’s communications with Department of Health and Social Care ministers regarding a third party, Oxsed.
24 May 2023	Formal letter from the Registrar to Mr Amersi giving background on the requirement for registering and asking if his activities fall within the criteria to be registered with particular reference to, but not limited to, his communications with ministers regarding Oxsed.
14 June 2023	Following no response nor confirmation of receipt, a copy of the Registrar’s 24 May letter was re sent, with a cover letter.
16 June 2023	Letter from Mr Amersi’s representative providing a detailed response including that no payment was made by Oxsed.
22 June 2023	Letter from the Registrar concluding his investigation.

22 June 2023

Office of the Registrar of Consultant Lobbyists

office@orcl.gov.uk

Summary of Investigation – Mustafa Mohammed

May – June 2023

Organisation or Person Investigated

Mustafa Mohammed (“Dr Mohammed”)

Matter(s) Investigated

Whether Dr Mohammed conducted unregistered consultant lobbying

Registrar’s Decision

Based on assurances received, Dr Mohammed has not conducted unregistered consultant lobbying activity.

Summary of Rationale for Decision

Dr Mohammed provided unequivocal and complete written assurances that no payment was received for his communications from either Ecolog International or Oxsed. Under the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014, consultant lobbying is ‘in the course of a business and in return for payment’.

Chronology

Date	Action
18 May 2023	Article in The Guardian referencing Dr Mohammed’s contact with the Secretary of State for Health and Social Care, regarding two third parties: Ecolog and Oxsed.
24 May 2023	Formal letter from the Registrar to Dr Mohammed giving background on the requirement for registering and asking if his activities fall within the criteria to be registered with particular reference to, but not limited to, his communications with the Secretary of State for Health and Social Care.
13 June 2023	Letter from Dr Mohammed providing a detailed response including that neither he nor Genix Healthcare Ltd received payment from Ecolog International or Oxsed.
19 June 2023	Letter from the Registrar concluding his investigation.

19 June 2023

Office of the Registrar of Consultant Lobbyists

office@orcl.gov.uk

Business Plan 2023/24

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 2023-24 financial year.

Business Plan 2023-24 (PDF 254KB)Download

Summary of Investigation – Bim Afolami MP

May 2023

Organisation or Person Investigated

Bim Afolami MP (“Mr Afolami”)

Matter(s) Investigated

Whether Mr Afolami conducted unregistered consultant lobbying

Registrar’s Decision

Based on assurances received, Mr Afolami has not conducted unregistered consultant lobbying activity.

Summary of Rationale for Decision

Although Mr Alofami failed to respond substantively to detailed questions, he provided unequivocal and complete written assurances that all payments were made to a non-VAT registered entity. 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

Date	Action
3 May	Article in the Guardian regarding Mr Afolami’s paid work for the Regulatory Reform Group.
4 May	Formal letter from the Registrar to Mr Afolami giving background on the requirement for registering and asking if his activities fall within the criteria to be registered with particular reference to, but not limited to, his work as Chair of the Regulatory Reform Group.
4 May	Email response from Mr Afolami stating he has not advocated on behalf of a company.

9 May	Letter from the Registrar asking detailed questions regarding his paid work and payments.
9 May	Email response, not answering the Registrar’s questions and referring to the Register for Financial Interests.
10 May	Letter from the Registrar expressing disappointment at Mr Afolami’s failure to respond substantively and requesting a considered response to the questions of 9 May.
10 May	Email response, not responding to the questions, other than confirming that payments were made to a non-VAT registered company.
18 May	Letter from the Registrar concluding the investigation.

18 May 2023

Office of the Registrar of Consultant Lobbyists

office@orcl.gov.uk

Summary of Investigation – Bradshaw Advisory Ltd

February – April 2023

Organisation or Person Investigated

Bradshaw Advisory Ltd (“Bradshaw”)

Matter(s) Investigated

Whether Bradshaw conducted unregistered consultant lobbying activities

Registrar’s Proposed Decision

That Bradshaw carried out consultant lobbying activity while not registered.

Summary of Rationale for Proposed Decision

The Registrar is satisfied that that Bradshaw’s email of 7 February 2023 was a registerable communication in that:

• The communication was made on behalf of a paying client
• To a Minister of the Crown
• Bradshaw is UK VAT-registered.

The failure of Bradshaw to register before carrying out consultant lobbying, as required by 1(1) of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (“the Act”), is an offence under 12(1) of the Act.

Chronology

Date	Action
01/01/23	Bradshaw’s registration expires, following non-payment of the statutory registration fee.
26/02/23	Article in the Guardian regarding lobbying for the Global Britain Commission (“GBC”).
28/02/23	Bradshaw re-registers.
28/02/23	Formal letter from the Registrar giving background on the requirement for registering and asking if Bradshaw’s activities fall within the criteria for registration. In particular, but not limited to, Bradshaw’s work for the GBC.
09/03/23	Letter from Bradshaw regarding their registration and work for the GBC.
14/03/23	Letter from the Registrar requesting information on Bradshaw’s involvement with the GBC letter on 7 February to the Prime Minister; and funding of Bradshaw’s secretariat work for GBC.
20/03/23	Letter from Bradshaw disclosing their email to the Prime Minister on 7 February 2023, attaching the GBC letter.
27/03/23	Letter from the Registrar giving the reasons he is minded to conclude that the 7 February email was a registerable communication and asking Bradshaw to respond to the matters of fact.
03/04/23	Letter from Bradshaw, setting out reasons they felt the communication was not registerable.
05/04/23	Letter from the Registrar giving advice to ensure future compliance with the Act. Notice of Intention to issue a civil penalty is issued.
16/05/23	Civil Penalty issued.

16/05/23

Office of the Registrar of Consultant Lobbyists

office@orcl.gov.uk