Around 15 law firms that advise the UK Government will continue to do so under the radar following a decision by officials to keep them off the lobbying register.

The controversial decision by registrar Alison White will allow firms to stay off the lobbying register because they do not “directly” lobby ministers.

White’s decision follows earlier criticism of the lobbying register, which was set up at the start of last year in the wake of a number of “cash for access” scandals. It emerged only two law firms had voluntarily signed up to the register of the dozen or so that offer public affairs services in Britain. The two were Clifford Chance and PwC Legal.

Criticism of the register prompted White to investigate 15 law firms that “advertise public services on their website” but have not signed up to the new transparency initiative.

She concluded last week that the firms should be allowed to stay off the register. Firms do not have to register if they give legal advice to ministers or speak to local MPs.

White added the firms’ activities did adhere to regulations but that exaggerations on their websites had sometimes given a different impression.

“Sometimes their websites might gild the lily a little, which a lot of them do. Clearly they want to present their services in the best possible light,” she said.

Firms that advertise public affairs legal advice on their websites include Allen & Overy; Bates Wells Braithwaite; Bevan Brittan; Bircham Dyson Bell; Browne Jacobson; DAC Beachcroft; Fieldfisher; Hogan Lovells; Kingsley Napley; Mills & Reeve; and Trowers & Hamlins.

This week the Association of Professional Political Consultants (APPC) questioned White’s decision to keep the investigated firms off the books, claiming “there are many firms carrying out what most people on the street would consider to be lobbying”.

“We understand that [White] has come to this view based on the narrow nature of legislation and narrow definition of consultant lobbyists,” APPC deputy chairman Havard Hughes told The Lawyer.

He claimed White’s decision created an “uneven playing field” because some law firms have signed up to the register while many have not. “This means some firms have to behave in a certain way while other firms are able to obscure their actions,” he said.

Seven law firms are currently on the lobbying register. Clifford Chance was the first traditional firm to join in July 2015, while PwC Legal registered in April the same year. Preiskel & Co, Griffin Law, Cooley UK, Fragomen, and Stikeman Elliot’s London branch have since added their names to the list.

White predicted that changing demands from clients following Brexit could mean firms may have to reconsider whether they need to sign their names on the list.

The prediction follows a number of secret meetings between law firms, the City of London Corporation and the Treasury to discuss the impact of Brexit on UK business and the financial services market.

Just this week Pinsent Masons revealed it was launching a nationwide public policy group to advise businesses that want their interests considered during the Government trade negotiations regarding leaving the EU.

“Because of Brexit, a number of organisations are potentially being asked to act in different ways for their clients,” White said. “It is possible they may have to register in the future depending on the requirements clients may have. I’ve asked them to keep in contact with me to check.

“I’ve written directly to all magic circle firms and the next tier to keep them in the loop.”

White interviewed the general counsel and compliance partners of the 15 firms she investigated.

“One of the firms I spoke to does have a public affairs partner, and he joined the meeting so I was able to explore in some depth the nature of services they provided,” she said.

She also checked ministers’ diaries as part of the investigation. “Sometimes law firms appear as attendees at meetings [with the minister],” she said. “I check what the firm’s role was. It could be that it was there to provide legal advice, which would be absolutely fine. But if the firm is conducting a potentially registerable activity, then it must be registered pre-emptively.”

Consultancy firm Advocate and Policy Consulting Ltd was the first business to be fined for not registering lobbying activities. It was ordered to pay £2,000 in December last year.

White said there were occasions where she has chosen not to prosecute an organisation because its activities were “in the public interest”.