proposed mandatory registers for lobbyists
the best way to regulate the lobbying industry, would be the mandatory registers for lobbyists.
Arguing that the reporting requirement would be excessively onerous, some interest groups [ CSOS, NGOs ,business associations (TAs)…. ] are seeking exemptions, portraying their activities as advocacy, public affairs or interest representation, rather than lobbying
Given business associations’ continued market share in the lobbying industry, it is vital that they are covered by lobbying regulations
Likewise, NGOs have also become major players in the lobbying game, devoting significant financial and human resources to lobbying and advocacy….. many NGOs act as front (to disguise source of funding), while its true activity is lobbying
THE EUROPEAN LOBBYING INDUSTRY
2015 : 11,000 lobbying organisations and well over 30,000 lobbyists
but ….only five of the Council of Europe’s 32 states had laws regulating lobbying in national parliaments…thus: many undue influence scandals at both national and EU level
main mechanisms to govern lobbying :
(1) the establishment of a register of lobbyists (either voluntary or mandatory),
(2) the development of a code of conduct for lobbyists,
(3) the application of a code of conduct for public officials
Lobbying, may lead to administrative bribery, political corruption, undue influence and state capture.
REGULATING LOBBYING IN EUROPE
Who is a lobbyist?
There is no internationally accepted standard for who qualifies as a lobbyist, which is particularly problematic at the level of transnational bodies, such as the Eu
lobbists: those seeking to pressure policy makers, through the use of policymakers’ in-house/consultant lawyers. Law firms claim client confidentiality and demand derogation from rules governing interest groups(lobbying), despite the considerable influence they can exercise through pap/suing for jr and/or damages by those who lost eg earnings [ indivs/banks/govs firms that suffer anticomps due to public policy decisions]
<> COCOO IS REALLY A LOBBYIST, USING THE THREAT OF LITIGATION [THUS ESTABLISHING DIRECT COMMUNICATION WITH POLICYMAKERS, TO CONVINCE THEM]…. COCOO RAISES FUNDS FROM THOSE BENEFITED BY COCOO’S POLICY CHANGE MECHANISMS
Failure to define lobbying broadly risks leaving loopholes for special interest groups to peddle undue influence in an opaque fashion by circumventing the rules. This may take the form of using “volunteer” lobbyists where only those compensated for lobbying are required to report, or the establishment of so- called “astroturf” organisations
Lobbying regulations should be applied to~:
- trade associations / trade unions
public affairs agencies - think tanks
- professional organisations
- industry associations
- NGOs
- companies
- trade unions
- law firms
- faith orgs
- consultant lobbyists, in- house lobbyists
- academics
- pro-bono office holders of incorporated entities.
few EU member states have comprehensive lobbying regulations or means to record contacts between lobbyists and policy makers. Few countries require public officials to document their contact with lobbyists, and where information is recorded it is generally patchy and not easily accessible to the public.
countries and European institutions with regulations on lobbying
Across the EU, 10 countries have some form of lobby register, varying from mandatory registers at the national level (Austria, Ireland, Lithuania, Poland, Slovenia, UK) to voluntary registers only to select institutions (National Assembly and Senate in France, the Netherlands, EU Transparency Register) or registers for sub-national institutions (Tuscany, Molise and Abruzzo in Italy and Catalonia in Spain)
A/systems in which the burden is on public officials to disclose the nature, frequency and volume of attempts to lobby them,
B/mandatory registers requiring lobbyists to publicly disclose their names, clients, target issue and financial details …… because this crucial information is only known to the lobbyists.
There should be systems which monitor this data and penalise incorrect information and prosecute illicit forms of influence peddling
there should be “clarity on the policy framework, and exactly what the company is doing, who the decision makers are, when and how the company seeks to influence public policy and the political process.”
Business associations (BAs)
membership organisations and associations, eg chambers of commerce, tas and other professional associations. are generally accountable to their fee-paying members who comprise their governance structure
Such groupings of private enterprise by sector can, eg lobby to distort clcp in favour of member firms.
Association for Financial Markets in Europe, Insurance Europe and the European Federation of Pharmaceutical Industries and Associations are all in the top 10 lobbying spenders, alongside the largest consultant lobby firms like Fleishman-Hilard and Burson-Marsteller (LobbyFacts)
At both international and national level, bas are the biggest players in lobbying
in Lithuania, several bas even have assigned offices on public premises and are listed in the official contact list as “representatives to the government”
bas seek direct contact with decision makers behind closed doors, rather than public relations campaigning, as is common among citizen groups and NGOs
CSOs/NGOs
According to the EU Transparency Register, for instance, both Greenpeace and Transparency International EU Liaison Office, spend in the region of €1 million, lobbying the EU institutions each year
some lobbyists’ activities are designed to conceal the true beneficiaries, or even setting up bogus NGOs or “creating the semblance of public support through manipulated and/or purchased opinions” a practice known as “astroturfing” .. NGO “status” is becoming a vehicle by lobbyists=sigs (special interest groups) , to bypass monitoring.
EU lobbying
the EU’s Transparency Register, see https://lobbyfacts.eu/, which archives lobbying data back to 2012
- 751 professional consultancies
- 130 law firms
- 392 self-employed consultants
- 2,606 companies
- 2,336 business associations
- 340 trade unions
- 2,808 NGOs
- 530 think tanks
- 263 academic institutions
ec: “Activities covered by the register include lobbying, interest representation and advocacy. It covers all activities designed to influence – directly or indirectly – policy making, policy implementation and decision-making in the EU institutions, no matter where they are carried out or which channel or method of communication is used. The emphasis is on ‘what you do’ rather than ‘who you are’.”
The register is voluntary…but…. to meet commissioners, cabinet members or directors-general, or be eligible for an access pass to the EP, a lobbyist must be listed on the register
<> COCOO WILL REGISTER!
Lobbyists are required to document their lobbying budget, the number of passes to the European Parliament they possess, the number of full time lobbyists they employ, as well as the number of meetings they have with the EC
But, unregistered lobbyists are still able to meet with influential Commission officials responsible for drafting legislation, such as heads of unit or deputy direct- generals. Moreover, the regulatory regime is seen to lack teeth, as there are “no powers to fine, prosecute or levy other sanctions” on lobbyists who boycott the register or upload misleading or incorrect information
LobbyControl found that nine of the largest law firms that work as lobbyists in Brussels are not registered; six of the firms were from the United States, where they are listed on the mandatory lobby register
UK LOBBYING
UK recently introduced new lobbying regulations, the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administrative Act [TUAA]
The Charted Institute of Public Relations has established a voluntary register (the UK Lobbying Register) of individual lobbyists and organisations involved in lobbying.
The TUAA has been heavily criticised as it requires only consultant lobbyists to register, which the UK Association of Professional Political Consultants estimated captures a mere 1 per cent of UK lobbying. Despite being mandatory, as of January 2017, the register contained a mere 145 consultant lobbyists (Office of the Registrar of Consultant Lobbyists 2017).
In addition, the act is concerned only with the lobbying of a very narrow group of possible targets – ministers, permanent secretaries and special advisers. It does not apply to the lobbying of members of parliament or local councillors, the staff of regulatory bodies, private companies providing public services, or any but the most senior members of the civil service
USA LOBBYING
Lobbying regulations in the United States vary greatly by state, so that nearly 50 different versions exist.
At the national level, legislation defines lobbyists as any person or entity engaged in lobbying activities, provided that, during a six-month period, they either (1) receive compensation of $5,000 (2) spend more than $20,000 or (3) spend more than 20 per cent of their time on lobbying activities
Lobbyists must register within 45 days of making a lobbying contact or being employed for that purpose, and registered lobbyists are obliged to file reports on their activities every six months, including an estimate of their expenses on lobbying.
non compliance with these regulations, result in an investigation by the Doj…. but.. “enforcement of the act is very weak and its policy of confidentiality is at odds with the purpose of the act”