In the second of three blogs on lobbying, specialist Parliamentary lawyer Daniel Greenberg advises on ten tools a charity can use to lobby Parliament to change the law.
1. Social media
Social media has changed the face of legislative lobbying, because it allows policy makers to learn quickly what ordinary people want. It is sharper-focused and capable of more controlled driving than any other form of lobbying. Charities can quickly generate enormous volume. It needs careful handling, because without a clear target it is potentially ignored. But with the right strategy it is a game-changer.
2. E-petitions
These started as a gimmick and No.10 rapidly repented of them. But the monster has been created and is here to stay. Like social media, e-petitions are a good way of focusing attention on proposed legislative reform. E-petitions are very effective at putting pressure on the Backbench Business Committee – a committee which suggests items to be debated in the Commons.
3. Evidence to public bill committees
Interest groups have got into the habit of giving written evidence to PBCs, and often spend a lot of time, effort and money on it. The effort is often completely wasted. Written evidence can only help you influence policy as part of a calorie-controlled diet.
4. Legislative Reform Orders
These give a minister a power to change legislation where it imposes a burden. Wherever the policy is to remove something that could fairly be described as a burden, using an LRO should at least be considered. The Parliamentary advantages are enormous. First and foremost, it doesn’t need time in either house.
5. Statutory Instrument Committees
Interest groups are engaging more with Parliamentary scrutiny committees, which is a good thing for both sides. But much correspondence is sent to the wrong committee. It is important to classify your concerns as policy or technical and then engage with the correct committee. Read up carefully on which committee is responsible for what.
6. Private Members’ Bills – Lords
Persuading a member to bring a private member’s bill is a very useful tool. Be aware, though, that the Lords system is due to change, into a modified form of the Commons ballot system. That will create new opportunities for effective passage of pole-position Lords Bills; and it will make mid/late-Session private peers’ Bills less attractive than at present.
7. Private Members’ Bills – Commons
Reforms to the system were proposed last Session and the system is likely to come under renewed scrutiny this Session. Handout Bills from the Government – where ministers ask backbenchers to push issues they are interested in – are an increasing point of contention. Watch this space.
8. Draft Bills
Charities often leave it too late to engage with legislation. In particular, they often under-engage with Departmental Select Committees at the draft legislation stage; it should be treated as seriously as in the EU, if not more so.
9. Devolved legislation
With an increasing range of policy areas devolved, devolved legislation may be an increasingly effective “way in” to effecting eventual change on the national level. If you can get a law passed in a devolved administration, the UK government will find it more difficult to resist. Government does not want to be left behind by Scotland, Northern Ireland or Wales (particularly Wales).
10. Quasi-legislation.
With an increasing proportion of policy being effected by statutory guidance and other forms of quasi-legislation, it becomes increasingly important for interest groups to devise effective methods of engagement at the formulation stages.
Daniel Greenberg is Parliamentary Counsel at Berwin Leighton Paisner LLP
