William Dinan, 25 July 2005
The Alliance for Lobbying Transparency and Ethics Regulation (ALTER-EU)
coalition has emerged from a shared concern by numerous civil society
groups about the growing corporate influence on European Union
decision-making. The ALTER-EU coalition advocates pro-democracy reform
of lobbying practices in Brussels.
In particular, the coalition is calling for a mandatory register for
all lobbyists, including consultants, in-house corporate lobbyists and
NGOs, seeking to influence the EU policy-making process.
Since
Commissioner Kallas launched the European Transparency Initiative (ETI)
in March this year, the debate on lobbying transparency in Brussels
has intensified. This debate is taking place as the dust settles after
the French and Dutch rejections of the proposed European Constitution.
Both these referenda, in part, reflected popular sentiments that the EU
has become increasingly unresponsive to the concerns of ordinary
citizens, while being run for the benefit of corporate and political
elites. Given public mistrust of the relations between vested interests
of all kinds and decision-makers, there now appears to be a pressing
need for an independent register of lobbyists in Brussels.
The
policy process must be open and transparent in order to be accountable.
This goes to the heart of the European democratic deficit. We believe
that those actors trying to influence and shape public policy should be
subject to some form of transparency obligation. In principle, nobody
should be excepted from this. The call for a mandatory register of
lobbyists is not the radical platform that opponents of transparency
claim: rather, it is a fundamental building block for a healthy
democracy. A mandatory register is a concrete and realistic measure
that will increase transparency and could help restore confidence in the EU policy process.
Currently
the situation in Brussels is similar to that in the UK, where
regulation is entirely focused on the activities of the lobbied. In
Canada and the U.S. the regulatory emphasis rests on those doing the
lobbying. Neither system is perfect. We believe that a system which
combines information on both lobbyists and legislators
(including officials) would best serve the principles of transparency
and accountability that should be central to public affairs in Brussels.
What
are the alternatives to a mandatory register? Clearly, Commissioner
Kallas has signalled that the status quo will not suffice. Speaking at
the launch of the ALTER-EU coalition last week he stressed the need for
increased visibility of EU lobbyists and stated that he would certainly
press ahead with plans for a central register. The issue that remains
to be decided is whether such a register will be mandatory or voluntary.
ALTER-EU
believes that self-regulation doesn’t work for a variety of reasons.
Firstly, how can individuals and organisations that fail to join a
voluntary register be regulated? What do you do about those lobbyists
in Brussels today that are not members of professional associations and
who are not bound by any code of conduct? We also need to recognise
here that many civil society groups might have difficulty in
voluntarily joining an association of, and by, professional commercial
lobbyists.
Secondly,
what confidence can there be in any professional association or club
that is run in the interests of its members, rather than the public
interest? These are simply not the same things, and experience
elsewhere demonstrates the reluctance of professional lobbyists to
properly police themselves. Voluntary codes cannot ensure external
transparency. Moreover, research by Public Citizen in the U.S. shows
that voluntary electronic lobbyist registers have a very poor
compliance rate, approximately only 10%, whereas mandatory registers
have high compliance rates ranging between 90% and 99%.
Not
only does self-regulation not work properly, but regulation does work.
Creating, and crucially maintaining, an electronic lobbyist register is
not as difficult or complex as some like to suggest. The benefits far
outweigh the costs. A register which offered timely information to the
public, officials and representatives, the media, and others in the
lobbying community, about who intervenes in the policy process, and
how, would greatly improve the transparency of EU public affairs.
There
are several recurring myths surrounding lobbyist regulation that need
to be assessed in the light of evidence. First is the issue of
definition. As experience across the U.S. and Canada shows, it is
indeed possible to define lobbying and lobbyists, despite what
transparency-sceptics might say. It's worth remembering that many of
the global lobbying firms now active in Brussels have long complied
with mandatory disclosure legislation in North America. The resistance
of sections of the public affairs and public relations industry in
Brussels to calls for mandatory disclosure is therefore rather
disappointing. This form of transparency works elsewhere - why not in
Europe?
Another
issue that often crops up in debates on lobbying registration concerns
access. There are usually two sides to this particular coin. The first
is that registration creates a barrier to access for individual
citizens and resource-poor groups - in fact the opposite is usually the
case where legislation takes accessibility and participation seriously.
Secondly, registration might be used as either a badge of approval, or
for marketing purposes - again, the legislation can be framed to ensure
this does not arise, as the Canadian case clearly demonstrates.
Electronic filing systems mean that costs can be minimised and
crucially, that searchable, user-friendly information is quickly put in
the public domain via the internet.
So,
bringing some transparency into the field of EU lobbying is not the
impossible task some inside the lobbying industry – who have a vested
interest in secrecy – would have us believe. Such transparency is
entirely consistent with notions of a 'Plan- D' for European democratic
renewal, and 'better regulation'. Lobbying transparency can and should
happen in Europe. The ALTER-EU coalition invites those working across
the field of lobbying in Brussels to join this campaign and make it
happen. |