Monitoring reforms for Transparency and Integrity in Lobbying

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Monitoring reforms for
Transparency and Integrity in
Lobbying
Janos Bertok
Head of Public Sector Integrity Division
OECD
Transparency drives lobbying reforms
100%
90%
80%
Does transparency in lobbying increase citizens’
trust in the public decision-making process?
70%
60%
50%
40%
42%
38%
Does transparency in lobbying increase
citizens’ trust in the public decision-making
process?
36%
26%
30%
Legislators
Lobbyists
26%
16%
20%
10%
5%
8%
0% 2%
0%
Strongly agree
Agree
Neutral
Disagree
Strongly
disagree
Source: OECD 2013 Survey on Lobbying for Lobbyists and OECD 2013 Survey on Lobbying for Legislators
1. Limited evidence: Cost and benefits
100%
90%
80%
For the majority of lobbyists, it takes 30 minutes
or less to register
70%
60%
50%
40%
Note: For Italy, the responses refer to the system put in place by the Ministry of Agriculture.
Source: OECD 2013 Survey on Lobbying Rules and Guidelines
38%
31%
30%
20%
13%
18%
10%
0%
Less than 30
minutes
30 minutes
1 hour
More than 1 hour
Trust in government is low & has been decreasing:
Limited data on impact of lobbying reform
Source: Gallup World Poll
2. Lobby regulations were scandal-driven
Scope reflects the concerns
Actors covered by lobbying rules/guidelines
Austria
Canada
France
Germany
Hungary
Italy
Lobbyist
Represent
from
a
ative from
lobbying
a
forfirm or a
profit
selfcorporatio
employed
n
lobbyist
l
l
l
l
n.a.
n.a.
n.a.
n.a.
l
l
l
l
l
l
n.a.
n.a.
l
l

l
n.a.
n.a.
l
l
Represent
ative from
nongovernme
ntal
organisati
on
l
l
n.a.
n.a.
l
l
Represent
Private
ative from
sector
a
nonrepresent profit
atives
organisati
on
Lawyers
/
Communications
and
contacts
Think
Law firms
related to legal
tanks
advice
and
consultations
Media
Churches Charities
organisations
Others,
please
specify

l
n.a.
n.a.
l
l

l
n.a.
n.a.
l
l

l
n.a.
n.a.
l
l
l
l
n.a.
n.a.
l
l

l
n.a.
n.a.
l
l

l
n.a.
n.a.
l
l


n.a.
n.a.


Mexico
Poland
Slovenia
United States
l
n.a.
l
l
l
n.a.
l
l
l
n.a.
l
l
l
n.a.
l
l
l
n.a.
l

l
n.a.


l
n.a.

l

n.a.

l

n.a.



n.a.



n.a.


l
n.a.


Total OECD10
l Yes
 No
7
0
7
0
7
0
6
1
6
1
4
3
5
2
4
3
4
3
3
4
3
4
1
6
Source: OECD 2013 Survey on Lobbying Rules and Guidelines
3. Levelling the playing field
is also a concern in defining the scope
Stakeholders are generally of the opinion that actors that receive
compensation for carrying out lobbying should be defined as lobbyists
95%
94%
Lobbyist from a lobbying firm or a self-employed lobbyist
79%
Representative from a for-profit corporation
85%
84%
84%
Private sector representatives
63%
Representative from a non-profit organisation
80%
79%
83%
Representative from non-governmental organisation
Lawyers / Communications and contacts related to legal advice and
consultations
59%
68%
Legislators
53%
54%
Law firms
Lobbyists
32%
Think tanks
Media organisations
63%
38%
47%
63%
61%
Churches
53%
Charities
59%
0%
0%
No one
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
Source: OECD 2013 Survey on Lobbying for Lobbyists and OECD 2013 Survey on Lobbying for Legislators
100%
4. Legislators and lobbyists are more open
to a mandatory system - compliance
Stakeholders believe that transparency of lobbying activities should be
mandatory for all lobbyists
100%
90%
80%
70%
74%
70%
61%
60%
50%
Legislators (2013)
40%
Lobbyists (2009)
26%
30%
20%
17%
15%
13%
20%
10%
0%
Lobbyists (2013)
0%
0%
0%
Mandatory for
all lobbyists
Neutral
Voluntary for
Lobbying
lobbyists who
activities
wish to disclose should not be
disclosed
Source: OECD 2009 and 2013 Survey on Lobbying for Lobbyists and OECD 2013 Survey on Lobbying for
Legislators
5. What to disclose: Focus on
names and subject matters
Disclosure and public availability of lobbying information
names (of
individuals
contact
or
details
organisatio
ns)
whether
the
lobbyist
the names
was
of clients
previously
a public
official
the name
of the
lobbyist
employer
the name
or
description
the name
of specific
of parent
legislative
or
proposals,
subsidiary the specific
bills,
company subject
regulations
that would matters
, policies,
benefit
lobbied
programm
from the
es, grants,
lobbying
contributio
activity
ns or
contracts
sought




l
l
l
l
l

l


l


l
l




l

l
l
l
l
l
l
l
l
l
l
l
l
l
l
l
l

l
l
l
l
l
l
l
l
l
l

l





l
l
l
l
l


l


l
l

l
l
l

l


l
l
l
l




l
10
7
3
4
5
2
l Information is
collected but not made
publically available
0
2
1
2
1
 Information is not
collected
0
1
6
4
4
Australia
Austria
Canada
France
Germany
Italy
Mexico
Poland
Slovenia
United States
EP/EC Joint
Transparency Register
Total OECD10
l The information
collected is publically
available
the source
and
the name amounts of
of the
any
national/fe governmen
deral
t funding lobbying
departmen received expenses
ts or
by the
agencies entity
contacted represente
d by a
lobbyist
turnover
from
lobbying
activity
the
communic
ation
techniques
used such
as
contributions
meetings,
to political
Other
telephone
campaigns
calls,
electronic
communic
ations or
grassroot
lobbying


l





l
l


l








l



l



l








l
l


l





l









l
l


l

l



l

l

l
l
l


l
5
3
3
1
2
1
1
1
2
1
3
2
0
0
1
1
1
1
1
7
2
5
7
9
7
8
8
8
7
Source: OECD 2013 Survey on Lobbying Rules and Guidelines
6. What to disclose: Campaign
contributions are the highest concern
Types of information that according to stakeholders should be made publicly
available, for example through a register
68%
names (of individuals or organisations)
37%
contact details
whether the lobbyist was previously a public official
59%
58%
the names of clients
59%
51%
the specific subject matters lobbied
67%
68%
74%
78%
68%
the name of the lobbyist employer
the name of parent or subsidiary company that would benefit…
89%
53%
63%
42%
37%
the name or description of specific legislative proposals, bills,…
the name of the national/federal departments or agencies…
58%
39%
the source and amounts of any government funding received…
49%
lobbying expenses
the communication techniques used such as meetings,…
17%
lobbying activities that are not remunerated
contributions to political campaigns
47%
26%
32%
32%
28%
32%
lobbying activities below certain thresholds (e.g. in terms of…
Lobbyists
68%
68%
26%
turnover from lobbying activity
Legislators
38%
64%
84%
84%
5%
4%
no information should be made publically available
0%
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Source: OECD 2013 Survey on Lobbying for Lobbyists and OECD 2013 Survey on Lobbying for Legislators
7. Implementation measures are rather the
exception than the rule: Raising awareness
Initiatives carried out on a regular basis in the government's work of promoting
awareness or educating public officials in the executive branch (POE), in legislative
branch (POL) or lobbyists (L) on the lobbying rules/guidelines
Briefings
POE POL
Lectures
L
POE POL
L
POE POL
Provision of
Conferences or Direct
Scenario-based
training
learning events communication trainings
material
Online
trainings
Workshops
L
POE POL
The government
Information on
is not promoting
the website of
awareness or
the office
educating on
responsible for
the lobbying
lobbying
rules/guidelines
L
POE POL
L
POE POL
L
POE POL
L
POE POL
L
POE POL
L
POE POL
L
Austria
Canada
France
Germany
Hungary
Italy
Mexico
Poland
Slovenia
United States

l

l




l
l

l

l




l
l

l

l




l
l



l




l




l



l
l
l
l


l




l
l



l




l




l





l



l





l



l
l




l



l





l

l

l





l

l

l
l




l



l



l

l
l
l

l





l

l

l




l
l

l

l




l
l

l

l




l
l




l



l
l





















l







l

l







l

l







l
l
l






l

l
l






l
l
l
l






l
l


l


l
l
l




l

l
l
l





l







Total OECD10
l Yes
 No
4
6
4
6
4
6
2
8
4
6
4
6
2
8
2
8
2
8
3
7
2
8
3
7
4
6
3
7
4
6
4
6
4
6
4
6
3
7
0
10
0
10
2
8
2
8
2
8
3
7
4
6
4
6
4
6
4
6
1
9
Source: OECD 2013 Survey on Lobbying Rules and Guidelines
8. What measures are considered effective?
Raising awareness with tailored measures
Most effective ways to learn about lobbying rules/guidelines according to legislators;
and integrity standards and transparency tools according to lobbyists
50%
55%
Briefing
Lecture
17%
22%
33%
Workshop
Online training
67%
24%
33%
37%
Conference or learning event
Direct communication
35%
Scenario-based training
33%
36%
Provision of training material
Information on the website of the office
responsible for lobbying
67%
26%
17%
Legislators
67%
Lobbyists
33%
36%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Source: OECD 2013 Survey on Lobbying for Lobbyists and OECD 2013 Survey on Lobbying for Legislators
9. What measures are considered effective?
Incentives for compliance
There are generally no effective rewards for agreeing to comply with lobbyist
codes of conduct
100%
90%
80%
70%
60%
51%
50%
40%
32%
30%
20%
13%
10%
4%
0%
Yes, there are effective Not really, there are
No, there are no
rewards for agreeing to
some benefits for
effective rewards for
comply with the code complying but they are agreeing to comply with
not compelling
the code
Source: OECD 2013 Survey on Lobbying for Lobbyists
Don’t know
10. Sanctions: Are they effective?
Are there compelling sanctions for breaching the lobbyist code of conduct?
100%
90%
80%
70%
60%
50%
40%
38% 40%
39%
Lobbyists (2009)
34%
30%
20%
18%
12%
10%
0%
Yes, there are
Not really, there are No, there are no
effective penalties for some penalties but
penalties for
breaching the code
they are not
breaching the code
compelling
Source: OECD 2009 and 2013 Survey on Lobbying for Lobbyists
Lobbyists (2013)
11. Closing the revolving door remains a challenge
Can a former lobbyist be hired as a government regulator or advisor?
No -29%
Yes - 71%
Source: OECD 2013 Survey on Lobbying Rules and Guidelines
12. The reform journey is far from over:
Few countries restrict insider lobbying
21%
21%
Source: OECD 2013 Survey on Lobbying Rules and Guidelines
8%
Thank you
For more information on OECD work on public integrity
www.oecd.org/gov/ethics
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