In a democratic society, lobbying is a potentially legitimate activity. It involves the communication of views and information to legislators and administrators by those who have an interest in informing them of the impacts of the decisions under consideration. It is perfectly legitimate that individuals, acting on their own behalf, or else acting on behalf of third parties, seek to ensure that decision takers are well informed before taking the required decisions. Obviously lobbying should not be the process through which the decision takers make way for the representatives of corporations to take their place.
Free and open access to decision takers is an important matter of public interest. It is perfectly legitimate but ought to be regulated and the resulting information adequately and appropriately disclosed. The difficulty, as always, is where to draw the line. It must be ensured that society protects itself against the corruption risks involved in lobbying when this is secretive and unregulated.
The manner in which Dalligate is unfolding in the EU institutions clearly underlines this preoccupation. The European Institutions have lobbying rules. The basic issue of Dalligate is in my view not whether former EU Commissioner John Dalli resigned or was dismissed. Rather, in line with the Code of Conduct for Commissioners, the issue is whether he “acted in a manner that is in keeping with the dignity and duties” of his office when meeting with lobbyists away from the Commission offices, unaccompanied, and such that what went on during the meetings is not documented but known only to a couple of persons. Even if everything said in such meetings was above board, the fact that they were held is itself unacceptable. John Dalli claims, most probably correctly, that he was entrapped by the tobacco industry. Being so naive as to facilitate his own entrapment, it was right that he should go without a whimper. Instead we were regaled with theatrics which have served no useful purpose, not even for John Dalli.
All this is further compounded by the additional very serious allegation that representatives of the tobacco industry met with other senior officials of the EU Commission without these meetings being disclosed and documented. Emily O’Reilly Ombudsman of the European Union is currently carrying out an investigation at the request of Corporate Europe Observatory on fourteen such meetings.
Corporate Europe Observatory, a watchdog based in Brussels and campaigning for greater transparency and accountability in decision taking, estimates that in Brussels alone there are around 30,000 lobbyists. Compare this to the around 24,000 staff employed by the European Commission as on 31 December 2013 and you get a glimpse of what’s going on in the corridors of Brussels. Lobbying in Brussels is a billion euro industry which seeks to influence and at times deflect political decisions. The regulation of lobbying seeks to place a spotlight on the source of influence and hopefully to counter attempts to derail or deflect political decisions.
There is a continuous debate in the EU institutions on fine tuning the rules regulating lobbying. In 2011 the European Parliament approved an “Inter-institutional agreement on a Common Transparency Register between the Parliament and the Commission”. This register provides for the voluntary registering of lobbyists active in the EU institutions. It is hoped that during the current EU Parliament’s term the registration of lobbyists in Brussels will be a compulsory matter. This may happen when the issues raised by Dalligate are finally addressed, possibly within the next few months.
Closer to home, a Parliamentary Select Committee has concluded its workings on Standards in Public Life. The Select Committee generally did a good job. It produced a final report which Mr Speaker laid on the Table of the House on the 24 March 2014. The report, including the proposed legislation attached to the said report, deals with the behaviour of Members of Parliament (including members of Cabinet) and persons appointed to positions of trust in the public sector (including statutory authorities) primarily with reference to their declaration of assets as well as with reference to a Code of Ethics which has been in force since 1994. Surprisingly there is no direct reference to lobbying in the workings and conclusions of the Parliamentary Select Committee.
Lobbying, as is normal, is very much existent in Malta too. It would be appropriate if it is addressed by ensuring that it is regulated, documented and disclosed where appropriate. However it seems that currently there are no plans to regulate lobbying in Malta. If we are really serious on tackling corruption at its roots it would be better if the need to regulate lobbying is urgently reconsidered. Together with legislation on the financing of political parties, the regulation of lobbying would create a quasi complete tool-kit in the fight against corruption.
published in The Times of Malta – 21 July 2014
Blog ta' Carmel Cacopardo 