Tighter Whatsapp lobbying rules would have revealed Greensill scandal, MPs say
Stricter transparency rules around lobbying over Whatsapp would have resulted in the Greensill scandal being uncovered, an influential group of MPs has said.
A report into informal lobbying was launched in the wake of the incident, which saw foreign secretary Lord David Cameron – who was a private citizen at the time – involved in an effort by the firm to secure access to an emergency coronavirus loan scheme.
The probe by the committee of MPs found treating Whatsapp messages like in-person meetings, which have to be disclosed publicly, “would likely have required the disclosure of Greensill Capital’s interaction with ministers and officials”.
The Public Administration and Constitutional Affairs Committee (PACAC) recommended the lobbying of government ministers by Whatsapp should be subject to the same transparency as face-to-face meetings, according to their cross-party report.
Messenger apps and other non-corporate communication channels (NCCCs) should be blocked on official devices if tighter rules do not “command public confidence”, the MPs said.
The Greensill scandal prompted a wider look at Westminster lobbying and saw strong criticism of Lord Cameron’s judgement.
It also comes amid wider, unconnected concerns about the use of Whatsapp and digital security in Parliament more broadly, following reports of a so-called Westminster ‘honeytrap’ operation, and a UK parliamentary researcher being charged with spying for China.
The report stated: “If Whatsapp and other non-corporate communication channels are to be used in government and, in particular, if they are to be used to communicate with third parties, then they should be subject to the same disclosure regime as other forms of contact.
“Where exchanges by means of NCCCs are in place of a face-to-face meeting or prompt significant consideration in government, they warrant inclusion in the transparency releases.”
Transparency releases on lobbying of ministers and officials should be released on a “more frequent and more comprehensive” basis to help build confidence, MPs also advised.
The logs are intended to disclose meetings, gifts, and hospitality, involving ministers and senior officials and are currently released quarterly – but the MPs want this to be monthly.
Releases “are frequently late, have missing information, and often include too little information to be useful”, the committee warned.
PACAC also recommended high profile opposition politicians should voluntarily disclose any lobbyist meetings on the same basis ministers do, and special advisors should be included.
Former Tory minister and acting chairman of PACAC, David Jones, said: “Lobbying in Whitehall is recognised as a key feature of our democracy, but the current legislation and transparency regime do not ensure that the public is fully informed about influences being brought to bear on policy formulation.”
He added: “Increasingly, lobbying activity is undertaken on instant messaging channels such as Whatsapp and this is an area which we think needs greater transparency, to bring it in line with reporting of face-to-face meetings held with Ministers, in order to increase public confidence in the democratic process.”
In oral evidence to this probe, the government acknowledged that the Lobbying Act needed reform, but ruled out any reform which would require primary legislation, MPs said.
They argued: “It is contrary to principles of effective government to conduct post-legislative scrutiny without being open to the possibility of its outcome requiring legislative change”.
A government spokesperson said: “As you would expect, modern government will use a variety of communication channels, but we have clear guidance in place on the use of electronic communications, including WhatsApp.
“We updated this guidance in March 2023 for WhatsApp, to reiterate that all relevant information must be recorded through official channels. Both the High Court and the Court of Appeal have been clear on the lawfulness of this approach.
“We also committed in our revised Transparency Guidance, published in December, to stricter standards to ensure transparency returns and publications contain relevant and instructive information.”