Charities should not be included in the proposed register of lobbyists, says Rosamund McCarthy, a partner at Bates Wells & Braithwaite.
The government is currently consulting on the proposed register and argues that anyone who seeks to influence government policy “on behalf of a third party” should be part of it. The consultation document specifically asks whether charities should be included.
NCVO has argued that charities should not be subject to different rules to lobbying firms or “multi-client agencies” and cautions against creating a “two-tier system”.
But McCarthy disagrees. “The sector should not be arguing for charities to be included in the register,” she said. “There are compelling factors which differentiate charities from commercial organisations and which militate against their inclusion in any register of lobbyists.”
McCarthy says that the purpose of registering lobbyists is to increase transparency. But charities already are transparent and cannot have a political purpose or be party-political, she argues.
“Where a charity meets with government ministers, it is public knowledge – through ministerial disclosure requirements – who the minister has met with, and broadly what the meeting related to, by reference to the charity’s activities,” she said.
“Contrast this with a situation where a minister meets with a lobbying firm such as Bell Pottinger, and it is not at all clear what the meeting related to.”
McCarthy believes that the requirement to join a register of lobbyists would dissuade many charities, especially smaller ones, from interacting with ministers and the government.
In the consultation document, ministers say that the Australian government’s definition of lobbyists, which excludes charities, non-profits and church groups from registering, “might be more appropriate”.
“Given that the consultation makes it clear that the government favours excluding charities and other not-for-profit organisations from the requirement to register, I believe the sector should not argue for their inclusion,” McCarthy concluded.
