The politics of persuasion gone wrong

Lobbying is an important part of democracy - but where does the line of acceptable behaviour lie?

Lobbying is a fundamental part of democracy.  Everyone has the right to try and persuade a government of the justness of their cause and the need for particular pieces of legislation; but there are ways and means of doing this, and the testimony of News Corp’s representatives at the Leveson inquiry illustrates just how those ways and means can easily be abused.

The sight of James Murdoch squirming and suffering in front of the inquiry on 24 April no doubt delighted his critics.  The evidence that he, and others high up in News Corp, have let seep out about the extent of their links with the British government – a cosy Christmas lunch here, a nice ride through the English countryside there – have left many feeling very uncomfortable about the power and influence News Corp has, for a very long time, apparently wielded in the UK.  Heads may well roll as a result.

Attempts by companies to influence the policy process are not, of course, anything new.  And neither is it unique to the UK.  It was in Germany, for example, that the Flick consortium openly and brazenly claimed that they simply “cultivated the political landscape” by bankrolling all major parties (whilst concurrently persuading them to change tax laws in their favour) throughout the 1970s.  The role that big business plays in funding US politics is also nothing more than a statement of the obvious.

Whilst Murdoch’s tentacles may well have stretched too far in to the inner sanctum of British politics, it is not always easy to be clear on where it’s fair, appropriate and democratically legitimate, and where the line of acceptability is.  It is for that reason that the UK has some of the most well developed sets of rules, regulations and procedures on lobbying in the world.  Lobbyists, and the firms they work for, are faced with a myriad of dictats outlining what they can and cannot do, with whom they can and cannot speak, where, when and under what conditions they can say or do anything.  And the media – very much including the Murdoch owned part of it – love nothing more than coming down on miscreants who break these rules like a tonne of bricks.

Recently, the Freedom of Information Act (FOI) has added more weaponry to the self-proclaimed guardians of our democracy’s cause.  Ministers (as Jeremy Hunt is no doubt rapidly learning) should know that the public could theoretically end up seeing, reading or listening to more of their everyday business than ever before. Those who complain that this constrains the workings of government miss the point entirely; if government has been influenced by an outside source, if decisions have been taken based on the evidence (or indeed interests) of particular groups, then the wider world certainly has a right to know.  Hiding the business of politics in, say, private email accounts (as Michael Gove appears to have done) illustrates nothing more than a (perhaps deliberate) misunderstanding of how democracy really should work.  There are, with good reason, restrictions on FOI, of course – and there is always a case to be made for reviewing and revising such things.

But the point that public servants – and those engaging with them – need to remember is not that they need to cultivate friends to help them.  This is, like it or loathe it, true in all walks of life.  Rather, it is something that you could call the Daily Mail test; are you happy for your lobbying to be reported in public?  Are you confident that you have abided by the laws, rules, regulations and codes that shape political life?  Would you be happy reading about how your decision (or your attempt to influence a decision) was discussed in the Daily Mail?  If the answer is "yes", then you have nothing to worry about.  If, as James Murdoch and his associates are discovering, you are unhappy at having to discuss the details of how, when and under what circumstances you lobbied government, then that alone should tell you something.

Dr Dan Hough is Reader in Politics at the University of Sussex and Director of the Sussex Centre for the Study of Corruption
 

A protester wearing a Rupert Murdoch mask stands outside the High Court as James Murdoch appears before the Leveson Inquiry. Photograph: Getty Images

Dr Dan Hough is Professor of Politics at the University of Sussex and Director of the Sussex Centre for the Study of Corruption

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Lord Empey: Northern Ireland likely to be without government for a year

The former UUP leader says Gerry Adams is now in "complete control" of Sinn Fein and no longer wants to be "trapped" by the Good Friday Agreement

The death of Martin McGuinness has made a devolution settlement in Northern Ireland even more unlikely and has left Gerry Adams in "complete control" of Sinn Fein, the former Ulster Unionist leader Reg Empey has said.

In a wide-ranging interview with the New Statesman on the day of McGuinness’ death, the UUP peer claimed his absence would leave a vacuum that would allow Adams, the Sinn Fein president, to consolidate his hold over the party and dictate the trajectory of the crucial negotiations to come. Sinn Fein have since pulled out of power-sharing talks, leaving Northern Ireland facing the prospect of direct rule from Westminster or a third election in the space of a year. 

Empey, who led the UUP between and 2005 and 2010 and was briefly acting first minister in 2001, went on to suggest that, “as things stand”, Northern Ireland is unlikely to see a return to fully devolved government before the inquiry into the Renewable Heat Incentive scheme is complete -  a process which could take up to a year to complete.

“Adams is now in complete control of Sinn Fein,” he said, adding that it remained unclear whether McGuinness’ successor Michelle O’Neill would be “allowed to plough an independent furrow”. “He has no equal within the organisation. He is in total command of Sinn Fein, and that is the way it is. I think he’s even more powerful today than he was before Martin died – by virtue of there just being nobody there.”

Asked what impact the passing of McGuinness, the former deputy first minister and leader of Sinn Fein in the north, would have on the chances of a devolution settlement, Empey, a member of the UUP’s Good Friday Agreement negotiating delegation, said: “I don’t think it’ll be positive – because, for all his faults, Martin was committed to making the institutions work. I don’t think Gerry Adams is as committed.

Empey added that he believed Adams did not want to work within the constitutional framework of the Good Friday Agreement. In a rebuke to nationalist claims that neither Northern Ireland secretary James Brokenshire nor Theresa May can act as honest or neutral brokers in power-sharing negotiations given their reliance on the DUP’s eight MPs, he said: “They’re not neutral. And they’re not supposed to be neutral.

“I don’t expect a prime minister or a secretary of state to be neutral. Brokenshire isn’t sitting wearing a hat with ostrich feathers – he’s not a governor, he’s a party politician who believes in the union. The language Sinn Fein uses makes it sound like they’re running a UN mandate... Gerry can go and shout at the British government all he likes. He doesn’t want to be trapped in the constitutional framework of the Belfast Agreement. He wants to move the debate outside those parameters, and he sees Brexit as a chance to mobilise opinion in the republic, and to be seen standing up for Irish interests.”

Empey went on to suggest that Adams, who he suggested exerted a “disruptive” influence on power-sharing talks, “might very well say” Sinn Fein were “’[taking a hard line] for Martin’s memory’” and added that he had been “hypocritical” in his approach.

“He’ll use all of that,” he said. “Republicans have always used people’s deaths to move the cause forward. The hunger strikers are the obvious example. They were effectively sacrificed to build up the base and energise people. But he still has to come to terms with the rest of us.”

Empey’s frank assessment of Sinn Fein’s likely approach to negotiations will cast yet more doubt on the prospect that devolved government might be salvaged before Monday’s deadline. Though he admitted Adams had demanded nothing unionists “should die in a ditch for”, he suggested neither party was likely to cede ground. “If Sinn Fein were to back down they would get hammered,” he said. “If Foster backs down the DUP would get hammered. So I think we’ve got ourselves a catch 22: they’ve both painted themselves into their respective corners.”

In addition, Empey accused DUP leader Arlene Foster of squandering the “dream scenario” unionist parties won at last year’s assembly election with a “disastrous” campaign, but added he did not believe she would resign despite repeated Sinn Fein demands for her to do so.

 “It’s very difficult to see how she’s turned that from being at the top of Mount Everest to being under five miles of water – because that’s where she is,” he said. “She no longer controls the institutions. Martin McGuinness effectively wrote her resignation letter for her. And it’s very difficult to see a way forward. The idea that she could stand down as first minister candidate and stay on as party leader is one option. But she could’ve done that for a few weeks before Christmas and we wouldn’t be here! She’s basically taken unionism from the top to the bottom – in less than a year”.

Though Foster has expressed regret over the tone of the DUP’s much-criticised election campaign and has been widely praised for her decision to attend Martin McGuinness’ funeral yesterday, she remains unlikely to step down, despite coded invitations for her to do so from several members of her own party.

The historically poor result for unionism she oversaw has led to calls from leading loyalists for the DUP and UUP – who lost 10 and eight seats respectively – to pursue a merger or electoral alliance, which Empey dismissed outright.

“The idea that you can weld all unionists together into a solid mass under a single leadership – I would struggle to see how that would actually work in practice. Can you cooperate at a certain level? I don’t doubt that that’s possible, especially with seats here. Trying to amalgamate everybody? I remain to be convinced that that should be the case.”

Accusing the DUP of having “led unionism into a valley”, and of “lashing out”, he added: “They’ll never absorb all of our votes. They can try as hard as they like, but they’d end up with fewer than they have now.”

Patrick Maguire writes about politics and is the 2016 winner of the Anthony Howard Award.