Lobbying 11 March 2015, Mgr. Hana Zmítková Some rules • Switch off your mobile phones during presentations • Raise your hand if something unclear • Don´t be afraid to comment • Credit = 75% participation + test Let‘s introduce ourselves Do you know what is lobbying? Do you know some lobbyists? Have you met some? Agenda for today • Advocacy vs. Lobbying • Definitions of lobbying • EU institutions • Lobbying in EU and in US • Transparency and ethical lobbying • Lobbying and Public affairs • Lobbying strategy and communication • Conclusions Terminology Political activity Lobbying Advocacy Each of these terms is different, although often they are mistakenably used as if they are interchangeable. What does mean ... • Political activity – The term means doing something in active support of or opposition to a political party. Almost never OK! • Lobbying – Effort designed to influence actions of government/public officials. Sometimes OK! • Advocacy – It is a process by an individual or group which aims to influence decisions within political, economic, and social systems and institutions. Always OK! Advocacy • The act of pleading, supporting or recommending, a political process by an individual or group which aims to influence public policy. • Communicating with government officials or between organizations and their members with aim to – educate – provide expertise or technical assistance – release data, research or survey results – discuss broad policy issues(social, economic..). How is advocacy different from lobbying? •Lobbying is only one kind of advocacy. Not all advocacy is lobbying but all lobbying is advocacy. •There is no limit to the amount of non-lobbying advocacy your organization can do, while lobbying activities are restricted to a percentage of your operating budget . •Lobbying involves attempts to influence specific legislation at the local, state, or federal level while advocacy is focused on educating about a specific issue. • Lobbying makes up a small portion of the total amount of advocacy efforts by most non-profits. An example of an advocacy is a non-profit organization that works to help women of domestic abuse who feel too afraid to speak for themselves. More examples? What do we mean by Lobbying • Lobbying is persuading people who have to say in decision making process to do what we want. • Lobbying is the act of attempting to influence decisions made by officials in the governments, most often legislators or members of regulatory agencies. • Lobbying is done by many different types of people and organized groups, including individuals in private sectors, corporations, interests groups... Etymology of the term lobby • The term lobby has etymological roots in the physical structure of the British Parliament, in which there was a room outside the main hall (lobby). • People pushing an agenda tried to meet with members of Parliament in this room, and they came to be known as lobbyists. Different types of lobbying • Paid versus free • Single issue versus multiple issue lobbying (corporations vs. unions) • Inside/direct versus outside/grassroot lobbying Direct vs. Grassroots lobbying • Direct/inside lobbying: It involves a person telling his views to someone directly involved in developing legislation. A government employee, staff member or legislator are those with whome you should communicate your views. • Grassroots lobbying: It communicates a particular view regarding a specific legislative proposal to the general public and persuades citiziens to relay this view to their local legislators. Lobbying is a professional activity • An efficient lobbying requires: – to anticipate (strategic approach) – to provide proper arguments – be able to build an ad hoc network (strategic alliances) because of a specific interest can be accepted – be able to share acceptable views of „public“ interests or close to it. Lobbying is a sort of expertise, it is a professional activity. How would you describe such kind of lobbying? Do you like it? Was it OK? Do you think it´s obvious to behave like that being lobbyist? Lobbying roots are in US and GB • In US, lobbying was defined in the first Amendment of the Constitution in 1876. • In GB, lobbying is part of the political game. Elected officers support and fully disclose private interests. But due to negative publicity in 90´s it´s called public affairs, public relations, political consultancy. • Professional public affairs agencies, representing multiple clients, undertake a significant proportion of lobbying activity in addition to individual organisations conducting lobbying on an in-house basis. Europen Union some facts and figures European Union The European Union: 500 million people – 28 countries Member States of the European Union Candidate countries and potential candidates EU: 24 official languages Български English latviešu valoda português Čeština español lietuvių kalba Română dansk français magyar slovenčina Deutsch Gaeilge Malti slovenščina eesti keel hrvatski Nederlands suomi Ελληνικά Italiano polski svenska EU population compared to the rest of the world Population in millions, 2014 1537 1252 506 316 EU China India 127 144 Japan Russia United States How rich is the EU compared to the rest of the world? world? Size of economy: 2012 gross domestic product in trillions of euro Wealth per person: 2012 gross domestic product per person 12.89 37100 11.77 26300 25200 5.96 4.32 1.33 EU 12000 5800 1.46 China India Japan Russia United States 2600 EU China India Japan Russia United States Three key players Te The European Parliament - voice of the people Martin Schulz, President of the European Parliament The European Council and The Council - voice of the Member States Donald Tusk, President of the European Council The European Commission - promoting the common interest Jean-Claude Juncker, President of the European Commission The EU main institutions EU institutions European Council (summit) European Parliament Court of Justice Court of Auditors European Investment Bank Council of Ministers (The Council) European Commission Economic and Social Committee Committee of the Regions Agencies European Central Bank Council of Ministers – voice of the Member States Ministers – voice of the Member States • One minister from each EU country • Presidency: rotates every six months • Decides EU laws and budget together with Parliament • Manages the common foreign and security policy Council of Ministers – how they vote they vote Most decisions in the Council are taken by ‘double majority’. A decision must have the support of at least: • 55 % of the Member States (16 countries) • Member States that represent 65 % of the EU’s population Summit at the European Council Summit of heads of state and government of all EU countries • Held at least 4 times a year • Sets the overall guidelines for EU policies • President: Donald Tusk EU commission The Commission is composed of the College of Commissioners of 28 members, including the President and Vice-Presidents. The Commissioners, one from each EU country, are the Commission's political leadership during a 5-year term. Each Commissioner is assigned responsibility for specific policy areas by the President. They are responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU. The European Parliament – voice of the people Decides EU laws and budget together with the Council of Ministers Democratic supervision of all the EU’s work. MP´s have to sign 10-point code of conduct on lobbying. Accredited lobbyists receive special passes to access to meetings of the European Parliament. Number of members elected in each country Austria - 18 Germany - 96 Netherlands - 26 Belgium - 21 Greece - 21 Poland - 51 Bulgaria - 17 Hungary - 21 Portugal - 21 Croatia - 11 Ireland - 11 Romania - 32 Cyprus - 6 Italy - 73 Slovakia - 13 Czech Republic - 21 Latvia - 8 Slovenia - 8 Denmark - 13 Lithuania - 11 Spain - 54 Estonia - 6 Luxembourg - 6 Sweden - 20 Finland - 13 Malta - 6 United Kingdom - 73 France - 74 Total - 751 The European political parties Number of seats in the European Parliament per political group (November 2014) Alliance of Liberals and Democrats for Europe 67 Greens/European Free Alliance 50 Progressive Alliance of Socialists and Democrats 191 European People’s Party (Christian Democrats) 221 European Conservatives and Reformists 70 Europe of Freedom and Direct Democracy 48 European United Left - Nordic Green Left 52 Non-attached members 52 Total: 751 The Court of Justice – upholding the law The Court of Justice – upholding the law 28 independent judges, one from each EU country • Rules on how to interpret EU law • Ensures EU countries apply EU laws in the same way The European Economic and Social Committee: voice of civil society 353 members • Represents trade unions, employers, farmers, consumers and so on • Advises on new EU laws and policies • Promotes the involvement of civil society in EU matters The Committee of the Regions: voice of local government 353 members • Represents cities and regions • Advises on new EU laws and policies • Promotes the involvement of local government in EU matters Civil servants working for the EU The Commission employs about 23 000 permanent civil servants and 11 000 temporary or contract workers Other EU institutions employ about 10 000 staff • Permanent civil servants • Selected by open competitions • Come from all EU countries • Salaries decided by law • EU administration costs €15 per EU citizen per year • EU staff will be reduced by 5% between 2013 and 2017 How EU laws are made Citizens, interest groups, experts: discuss, consult Commission: makes formal proposal Parliament and Council of Ministers: decide jointly National or local authorities: implement Commission and Court of Justice: monitor implementation Lobbying Actors in the EU • Lobbyists in Brussels fall into 3 categories: – Industry associations, professional federations – Non-governmental organizations (NGOs) – Regional representations • Chamber of commerce • Lobbying consulting groups • Offices of large companies Who are those lobbyists? • About 3000 lobby groups with permanent office in Brussels • Big variety: Private vs. Public, Profit vs. Non-profit • Industries form the biggest group (about 70%) • Financial support (1 bilion euro) for non-commercial interests (elderly, handicaped) No specific diploma but a real job • Lobbying doesn´t require special dilpoma, no specific training... • It is clearly a distinctive job that demands the knowledge of the institutional system, understanding the laws and texts, a good public relations and communication, language and increasingly specific technical expertise. Transparency since 1996 • The EP has had a Code of Conduct and Register since 1996 • From 2011 a joint Transparency Register • From 2011 revised Code of Conduct for European Commisioners (may not engage in other professional activity, may be politically active, have to declare financial interests, 18 month their mandate ends shall not lobby, cannot accept gift if value is higher than 150 Eur) • From 2012 similar Code of Conduct for MPs Ethical lobbying is a must • Few questions remains: • How to perform the function of lobbyist with professional competence, personal integrity and civic response. • How to assurew the public that lobbying is done ethically. • There should be an Ethically responsible lobbying which serves the public debate with a clear identification of all of the interests being represented in the attempt to influence policy. Regulation of professional codes? • Lobbying is a job that most professionals carry out in compliance with the law and morals. But where power and money mix, this may not be the case; hence the need for rules. • Be they regulatory or professional, the rules must meet at least two criteria: • it must create transparency • it must make it possible to pick out rotten apples. Key conclusions for lobbyists in EU • • • • Transparent behaviour is non-negotiable Registration while voluntary is expected Single issue coalitions must register and be transparent MPs or officials can ask you if you are registered before granting meetings • Confidentiality is a condition that must be asserted in advance (commercially sensitive information) • MPs and some officials may publish names of people they meet or materials they receive Questions? Lobbying in US • Lobbying happens at every level of government, including federal, state, county, municipal, and even local governments. • In Washington, lobbying usually targets congresspersons, although there have been efforts to influence executive agency officials as well as Supreme Court appointments. • Since the 1970s, lobbying activity has grown incredibly in terms of the numbers of lobbyists and the size of lobbying budgets. • Lobbying Disclosure Act 1995 Definitions of Lobbying • Effort designed to influence actions of government/public officials • Pressure group that tries to influence policies • Activities of persons representing a group interests • Communication technique that aims to influence public authorities • Beyond the simple expression of a viewpoint lobbying can be a mean of helping a public decision-making body Any comments? Ideas? Lobbyists. Left to right: Jack Abramoff, golf organizer Jason Murdoch, former Christian Coalition leader Ralph Reed, convicted former Bush administration official David Safavian, and Bob Ney. Myth or truth about lobbying • Lobbying is still not always ethical • Lobbying means for many people corruption • 73% of Czechs believes that lobbying is always connected with bribery and dirty game • Lobbying has no regulations And conclusion ... • In any modern democracy, a place must be done to be a direct expression of private economic and social interests • Lobbying is therefore a tool for an efficient democracy if...these activities are conducted in an ethical and professional way • To improve transparency with registers at the European and national scales is a good think, to the other hand professional lobbyists must ensure a self control and regulation of their jobs. Make a team work • Find out definitions of public affairs • Find out definition of public relation • What is difference between public affairs and public relation Lobbying strategy Fundamentals of effective lobbying, planning, successfull advocacy Lobbying strategy • • • • • • • • Objectives Message Resources First efforts Audiences Delivery Gaps Evaulation What do we want? What do they need to hear? What do we have got? How do we begin? Who can give it to you? How can we get them to hear it? What do we need to develop? How do we know if its working? Objectives • Any lobbying effort must begin with a sense of its goals • What are the long-term goals and what are the shortterm goals ín terms of process and the people you want to get involved? • These goals need to be defined at the beginning in a way that can launch an effort, draw people to it and sustain it over time. How to influence • Be well briefed • Be well timed (no sense to lobby after the decision has been made) • Be well aimed -target the right person • Be diplomatic, behave well • Be well prepared (index sources every day, build up network for information) • Be good communicator Audiences • An effective lobbying campaign requires a clear sense of who these audiences are and what access or pressure points are available to move them. • This includes legislators and those who have capacity to influence them, f.e. the media Who are the people who makes decisions that affects our lives Ministers, Senators, MPs, Organisations, Institutions, Municipality officials, PR /PA agencies Message • All messages must be rooted in the same basic truth and be tailored differently to different audiences depending on what they are ready to hear. • Must appeal to the audience´s self interest. Methods of delivery • Personal meeting (be well prepared,know the facts, leave info materials, put timings) • Letter (be clear, make it real, use examples) • E-mail • Press release (decide the one thing you want to say and say it well, be brief –focus) • Telephone • Via professional lobbyist Fundamentals for effective lobbying • • • • • • • • • Be fair and reasonable Be realistic and willing to compromise Never leave in anger Contact with regularity Be Actual and Factual Give credit where credit is due Don´t get too emotional Prioritise concerns Keep Everything in writing – Archive Evaulation • Never forget, evaulate continuously • Be flexible • It´s not a shame to reshape or even change objective. Do‘s and Don‘ts for effective lobbying DO • Commit to your cause. • Get to the point soon and focus on your issue. Time is precious. • Keep it simple. Explain in simple and straightforward terms the logic supporting your position. • Get to know all stakeholders, lawmakers and their staff • There is strenght in numbers, facts and figures. • Be a good winner and loser, you win something and you lose something. Do‘s and Don‘ts for effective lobbying DON´T • Cover multiply issues in one communication • Underestimate the weight given to letters and phone calls • Never lie • Forget that you and your lawmaker need each other. Building relationships • Get to know the political powers before you ask them to do something for you. • Establish a positive relationship with your representatives through visits, phone calls ... • Provide them with background information and offer yourself as a resource. • Provide recognition and visibility in exchange of their support. Lobbying plan 1/2 • The lobbying plan explains how to gain support and minimize opposition. • Consider the following elements when developing a lobbying plan: people, cost and benefits, timing, place, campaign contributions, communication with media, avoiding unnecessary conflicts and maintaning confidentiality. Lobbying plan 2/2 • Identify the key decision makers • Identify executive agencies that can support your issue. • Find special interest groups as corporations, assotiations and local governments. • Locate potentional supporters and look for nontraditional allies. • Try to identify the amount of lobbying needed and estimate the costs. Communication with media • Consider how to use the media to promote your issue. Develop press releases that explain the identity of your organization, its members and its lobbying goals. • Select representative with high credentials, good communication skills and well briefed to represent you in the media. Benefits of lobbying • Tax benefits • Improved Cash Flows • Increased market value of equity • .... „Ten people who speak make more noise than ten thousand who are silent.“ Your homework for February 25 • Present a loobying or advocacy case from the country of your origin Thank you for your atention