Integrity Talking Points

4 September 2013

A fortnight ago Holly Walker’s Lobbying Disclosure Bill didn’t make it back from Select Committee. MPs voted down the Bill although unanimously agreeing to non statutory controls which would require

• guidelines for MPs on handling lobbying communications, which could include mechanisms for disclosure and reporting by MPs and lobbyists
• regulatory impact statements and explanatory notes of bills to include the names of any non-departmental organisations consulted during the development of legislation and policy
• release of policy papers to make the policymaking process more transparent ( something now required anyhow in the Disclosure Statement which Departments promoting legislation are required to post on the Parliamentary Counsel Office website ).

The Attorney –General had previously been very disparaging of the Bill.

But this week British counterparts seemed accepting of measures thought unhelpful in New Zealand. The Opposition tried to vote the Bill down, seeing the Government proposal as more harmful than if lobbying remained unregulated. The Government had a majority of 71 on the Second Reading. Opposition MPs claim the Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Bill has Government support because it has few of the characteristics prescribed in the OECD Principles of integrity and transparency in lobbying. Its attractiveness for some may be that inherent weakness.

In general terms the UK Bill

• establishes a Register of consultant lobbyists with a Registrar to enforce the registration requirements
• regulates election campaign spending by those not standing for election or registered as political parties
• strengthens requirements that trade unions keep up to date membership lists.

Opponents see the proposal as the sort of legislation promoted when Governments want to make a political statement but not to force change.

www.parliament.uk/business/news/2013/september/transparency-of-lobbying-non-party-campaigning-and-trade-union-administration-bill-/

www.parliament.nz/en-nz/pb/legislation/bills/00DBHOH_BILL11278_1/lobbying-disclosure-bill

http://blog.greens.org.nz/2013/08/23/the-final-report-on-the-lobbying-disclosure-bill/

26 August 2013

New Zealand may be seen as taunting the OECD with a disregard for a Recommendation of the Council  to regulate lobbying and lobbyists  The OECD considers that controls are vital “… to make the world economy stronger, cleaner and fairer…”  They are necessary in the “…drive to foster open governance and restore public trust in markets and democracy…”

But that is not the conclusion reached by the Government Administration Select Committee. In reporting on the Lobbying Disclosure Bill today after more than 12 months’ consideration, it has decided that regulating the activities of lobbyists would have unintended consequences for democracy going well beyond what is required.

The Attorney General’s view is that the ability of citizens to freely express views and opinions should not be silenced by the state.

In what may well be an ironical observation on Parliament’s history of self regulation, the Select Committee suggested that the best way to improve transparency of lobbying and decision-making is not to legislate but for the House to set guidelines on proactive disclosure.

The report mentions statutory controls in Canada and Australia (although another 10 countries have laws in place, with others like Ireland in the process of enacting provisions) but makes no reference to the OECD Principles for Transparency and Integrity in Lobbying.  The Principles, in force since 2010 expect Member states to implement rules and guidelines.  That may well be why the Select Committee suggested that a better solution than the Bill promoted by the Greens, would be for Parliament to establish “guidelines”.

A primary characteristic of the OECD Principles is that there is a clear and unambiguous definition of “lobbyist and lobbying activity”.  The Select Committee proposal for guidelines that provide a definition of lobbyist and lobbying activity reinforces the probability that though rejecting statutory controls, the Select Committee members were cognisant of OECD expectations.  This sideward glance at the OECD is pertinent.  The OECD  Council has directed that the Public Governance Committee report this year on progress made in reviewing and updating frameworks for transparency and integrity in lobbying.

www.parliament.nz/resource/0001777544

www.oecd.org/gov/ethics/oecdprinciplesfortransparencyandintegrityinlobbying.htm

www.oecd.org/gov/ethics/lobbying-forum.htm

www.oecd.org/gov/ethics/Lobbying%20Brochure%202012.pdf

https://integritytalkingpoints.com/2013/06/26/new-oecd-push-for-lobbying-controls/