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