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

Date	Action
15 Nov 2023	Formal letter from the Registrar to Mr Newmark giving background on the requirement for registering and asking if his or his company’s activities fall within the criteria to be registered with particular reference to, but not limited to, communications with the Secretary of State for Health and Social Care on behalf of Worldlink Resources.
5 Dec 2023	Further letter from the Registrar, following no response from Brooks Newmark & Co Ltd.

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

office@orcl.gov.uk

Summary of investigation – Tulchan Communications LLP (‘Tulchan’)

Organisation or Person Investigated

Tulchan Communications LLP (‘Tulchan’)

Matter(s) Investigated

Whether Tulchan submitted an inaccurate Quarterly Information
Return under the terms of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (‘the Act’), in particular whether they omitted a client from their return for the period April to June 2020.

Registrar’s Decision

Based on the information provided, and no evidence to the contrary, Tulchan did not conduct undeclared consultant lobbying as defined by the Act in the period under enquiry.

Summary of Rationale for Decision

Tulchan provided a timeline of the activities of its Managing Partner, Lord Feldman, in relation to Tulchan, the Department for Health & Social Care (‘DHSC’) and Oxford Nanopore Technologies Limited (‘Oxford Nanopore’) from March 2020 to June 2020. Irrespective of Lord Feldman’s status with Tulchan in this period, the Registrar has no evidence of activity that constituted consultant lobbying within the definition in section 2 of the Act (i.e. communication by the consultant with a Minister, Permanent Secretary or equivalent, on behalf of a paying client).

Oxford Nanopore was not a client of Tulchan in the period of Lord Feldman’s association with DHSC. They subsequently became a client of Tulchan and the Registrar has received a comprehensive assurance dated 18 November 2020 that no consultant lobbying had been conducted by Tulchan on behalf of Oxford Nanopore as at that date.

Chronology

Date	Action
16 November 2020	Query from a journalist to ORCL following reports that Lord Feldman, Tulchan Managing Partner, met with ministers and Oxford Nanopore on 1 April and on 13 May 2020. The journalist asked why Oxford Nanopore was not listed as a Tulchan client in their Quarterly Information Return.
16 November 2020	Formal letter from Registrar to Tulchan to enquire whether an inaccurate Quarterly Information Return had been submitted.
18 November 2020	Response from Tulchan providing a comprehensive assurance about the accuracy of its Quarterly Information Returns and setting out a timeline of the activities of Lord Feldman in relation to Tulchan, the Department for Health & Social Care (‘DHSC’) and Oxford Nanopore from March 2020 to June 2020.

25 November 2020

Office of the Registrar of Consultant Lobbyists

office@orcl.gov.uk