A system that focuses purely on professional lobbyists is doomed to fail
The programme for government promised to introduce a statutory register of lobbyists and rules concerning the practice of lobbying. The process moved a step further yesterday when the Government published the submissions made to it on its proposals for a register.
The Public Relations Consultants Association (Ireland), a professional body representing public relations and public affairs consultancy firms, advocates a system that delivers accountability and ensures a level playing pitch for all. Key to this is defining clearly what is meant by “lobbying” and “lobbyist”. As Brendan Howlin’s Department of Public Expenditure and Reform engages in a process of consultation, a wide range of groups are, yes, lobbying to influence the outcome. From individual citizens and interest groups in industry to trade unions and the voluntary sector, there is surely a common public interest in ensuring an open system of government where all can make their case freely and none can do so inappropriately.
The challenge is how to do that effectively in an easy-to-understand, easy-to-use system. As a small open democracy, Ireland prides itself on the ability of all its citizens to have access to their elected representatives. Care should be taken that, in ensuring transparency on who is making the case for what, this open access is maintained.
To be credible a robust regulatory framework is required. It must ensure that all those who lobby are registered, including in-house practitioners, advocates in the voluntary sector, academics and professionals such as lawyers and accountants. This should be regardless of the remuneration or the time spent lobbying or advocating on behalf of their employer or client.
Claims of client privilege must not be allowed as a reason to exclude some professionals from the register. There are ways to overcome client confidentiality. Legal privilege should only extend to the issues discussed between professional and client – not to information about the activity on which the professional is lobbying on behalf of the client.
“Lobbying” should incorporate:
engagement by any individual or organisation in any aspect of the legislative process;
representations on behalf of individuals or organisations relating to any potential benefit accruing from the State;
engagement with State bodies, Government departments, State and semi-State companies, public officials, local authority officials and councillors should be classified as requiring disclosure.
A system that focuses on “lobbyists” is doomed to fail to deal with “lobbying”. There are relatively few professional lobbyists and, for most, their engagement with politicians, officials and public bodies is only part of what they do. There is a far wider swathe of professional, industry, academic and voluntary sector interaction with the State that seeks to influence public policy and political decisions.
There is an argument for regulating the “lobbied” rather than the lobbyist. The responsibility is on government to demonstrate that it is acting in an ethical, open and transparent manner, and that responsibility should not be shifted to other sectors of society. The British model of government departments publishing details of all external meetings greatly enhances transparency and should be considered in the Irish context.
To ensure transparency and promote better decision-making, all who influence the policy process should be required to leave a verifiable footprint.
This article originally appeared in the Irish Times on Wednesday 14th March 2012