Regulating lobbying

When Parliament, some years back, approved the Standards in Public Life legislation it did not arrive at any conclusions on the regulation of lobbying. It postponed consideration of this important matter by delegating the matter to the Commissioner for Standards in Public Life – then still to be appointed. The Commissioner had to draft a set of lobbying guidelines.

It is now almost two years since the publication by the Commissioner for Standards in Public Life of a consultation document entitled “Towards the Regulation of Lobbying in Maltain which document Dr George Hyzler, the Commissioner, outlines his views as to how lobbying should be regulated in Malta.

The Office of the Commissioner for Standards in Public Life has requested technical support from the EU’s Directorate General for Structural Reform in the area of “public integrity”. A technical support team from OECD engaged by the EU is currently in Malta to assist and advise the Office of the Commissioner for Standards in Public Life.  I have had the opportunity of a very fruitful discussion with one of the OECD lobbying experts earlier during the week.

Hopefully in the weeks ahead the Commissioner will be in a position to submit a clear proposal indicating the way ahead for regulating lobbying in Malta.

In his consultation document of two years ago the Commissioner rightly emphasises that due to the particular circumstances of the country, the small size of the country and the population in particular, decision-takers are easily accessible. This leads to the conclusion that there is limited need to regulate the professional lobbyist. Rather, opines the Commissioner, there is a need to address contacts between decision-takers and private individuals who have such easy access.

The Commissioner makes the point that this should be done carefully without obstructing or hindering the direct contact between the politician as decision-taker and the voter at constituency level. This is a valid point but not without its dangers and pitfalls. At constituency level democracy is strengthened. It is also where clientelism is carefully nurtured. This is also a basic characteristic of this small country.

Lobbying is about influencing the decision-taker. It is perfectly legitimate for any citizen, group of citizens, corporations or even NGOs to seek to influence decision-taking. This is done continuously and involves the communication of views and information to politicians, parliamentarians and administrators by those who have an interest in the decisions under consideration.  

Hence the need for lobbying to be transparent and above-board. This is normally done through ensuring that meetings held by holders of political office or senior administrators are well documented and that the resulting minutes and supporting documents are available for public scrutiny.

Formal lobbying would be thus addressed. But that leaves informal lobbying which is the real headache. This can only be regulated if those lobbied are willing to submit themselves to the basic rules of transparency. Self-declarations by those lobbied would in such circumstances be the only way to keep lobbying in check!

This is however not all.

There are more sinister ways through which lobbying is carried out. Well organised sectors of industry and business employ former decision-takers as advisors or in some other high-sounding senior position. This ensures that the “advisor” can share his knowledge and contacts with his “new employer” thereby facilitating the effectiveness of focused lobbying. This practice is normally referred to as “revolving-door recruitment” and is an integral part of the lobbying process which needs regulating the soonest.

There are countless examples of this practice both locally and abroad, in respect of which I have already written various times. This aspect tends to be regulated by establishing a reasonable time-frame during which the former decision-taker or administrator cannot seek employment in areas of economic activity in respect of which he had political or high-level administrative or regulatory responsibilities.

The regulation of lobbying is essential in a democracy. Unregulated, lobbying can, and generally does, develop into corruption.

Lobbying can be a legitimate activity. Adequate regulation of lobbying, properly applied, ensures that it remains within legitimate boundaries.

Published in the Malta Independent on Sunday: 28 November 2021

The costs of air pollution

WHO.air pollution cost

The WHO report published earlier this week entitled Economic cost of the Health impact of air pollution in Europe. Clean air, health and wealth is an eye opener to many who have shut their eyes to the link between environmental and health impacts.

This follows the OECD publication last year of another publication entitled The Costs of Air Pollution.  Health impacts of road transport.

The WHO report concludes that the impact of air pollution on health is substantial both in terms of premature deaths as well as in economic terms. The data quoted by the report compares the years 2005 and 2010. In terms of premature deaths the numbers are approximately stable at 228 deaths in 2010 being attributable to excessive particulate matter in the air.

The costs, on the other hand, vary with time and increase substantially. It is estimated that, in 2010, the economic cost to Malta of air pollution stood at €550 million.

It can be safely stated that in the absence of heavy industry in Malta, land transport is the major contributor to air pollution. To this one must add local contributors in specific locations, namely :  the Delimara Power Station through the use of diesel and HFO, ships in the areas close to ports as well aircraft exhaust in areas close to the airport where aeroplanes take-off or land.

Technological advances relative to fuel efficiency have, over the years, improved the situation though a lower contribution to poor air quality by individual vehicles, ships or aeroplanes.

Unfortunately this has been more than compensated for by the exponential increase in cars on the road. At the time of writing, the latest available statistics indicate that at end 2014 there were 335,249 vehicles on our roads –  an increase of 12,289 over the previous year. Most of that increase is in the passenger car category which, at end of 2014, amounted to 265,950 vehicles or 79.33% of the total number.

This number of vehicles on our roads is excessive: at peak hours even our main roads are clogged.

This state of affairs has developed gradually throughout the years as a result of the neglected state of public transport in Malta. The half-baked reforms of public transport over the last few years have not made matters any better and it will take much longer for public transport to gain the custom of Maltese (and Gozitans) to the extent that there will be a quantifiable impact on our roads.

An efficient public transport system will, in fact, be the major contributor to a reduction of air pollution but the benefits will be multiple. More efficient roads will be the most obvious benefit. This will be accompanied by a substantial reduction in respiratory illnesses and consequently less time lost by working men and women away from their work and by students from their studies.

An efficient public transport would also mean that less money would have to be spent on improving our road system through the construction of by-passes and flyovers.

All this shows that investing in public transport will pay dividends when it comes to the state of the nation’s health.  Why has it taken so long to realise such a basic truth?