Parliament House is the centre of political lobbying, but there are calls for far better regulation. Photo: Michelle Kroll.
Sweeping changes to the regulation of political lobbying in Australia are required if the public is to have any confidence in the practices that influence policy outcomes in this country.
That’s the message the Centre for Public Integrity is sending with the release of its new position paper A Seat at the Table.
The Centre for Public Integrity describes itself as an independent research institute dedicated to restoring integrity to the foundations of Australia’s democracy.
“We work to prevent corruption, protect the integrity of our accountability institutions, rein in executive power and eliminate the undue influence of big money in politics,” it states.
Focussing on embedding transparency, integrity and equality into the federal lobbying regime, its paper pulls no punches in describing the pitfalls of the current system that makes it too easy for big money to call the shots.
On transparency, the Centre says measures should be put in place to give the public the information necessary to hold government accountable.
“Not only for their engagement with lobbyists but also for the impact that such engagement has on the final decision reached by government.”
It says the integrity of the regulatory regime itself should also be upheld, through ensuring its enforcement is independent of government and appropriately transparent.
And on equality, the Centre directs perhaps its harshest criticism of the current regime.
“Perhaps the most neglected aspect of the current arrangements is equality of participation,” the paper states.
“Currently, those with greater financial and social resources – big corporations, industry peak bodies and well-connected insiders – enjoy far more access to decision-makers than others who are not as wealthy or connected.
“They might have contacts that enable them to secure private meetings with decision-makers, former public officials on staff to help them navigate the system, or the means to purchase access through financial contributions.
“As a result, policymaking risks becoming skewed towards political insiders, to the detriment of democratic legitimacy.”
Lobbying is acknowledged and accepted as a legitimate way of shaping public decision-making in Australia.
But the Centre notes that a lack of integrity in the way it is conducted and regulated can contribute to a breakdown in trust between the public and government.
Through 15 recommendations, the paper calls on the Federal Government to work towards re-building trust with the public by prioritising transparency, integrity and equality in lobbying.
“The vast majority of lobbyists are not captured by the federal lobbying register,” it says.
“Current rules only require third-party lobbyists (consultants retained to lobby on behalf of clients) to be registered, excluding those in-house corporate lobbyists who engage in the majority of lobbying.”
Many lobbyists are former government officials or politicians, which the institute says raises concerns that insiders can “trade on their public past for private gain”.
The Centre for Public Integrity has made the following recommendations for change:
- Replace the federal Lobbying Code of Conduct with a legislative regime designed to provide transparency, uphold integrity, and encourage equality
- Amend the definition of lobbyist to capture the activity of lobbying in all relevant forms, including unpaid and in-house, or consider an exclusive focus on the activity of lobbying
- Ensure that exclusions to the definition of lobbying activities remain adequate to maintain the effective operation of democratic processes
- Broaden the scope of regulation to include lobbying targeted at all parliamentarians
- Require political donations made within a specified time period by applicants for registration as a federal lobbyist to be disclosed and published on the register
- Provide for the monthly disclosure and publication of all lobbying activities by both registered lobbyists and those whom they lobby
- Amend the Standing Orders of both the House of Representatives and the Senate to require all Bills and legislative instruments tabled therein to be accompanied by a public interest “footprint”, providing details of any consultation and lobbying that took place in respect of the proposed legislation or instrument
- Prohibit offers, payment and receipt of success fees for lobbying
- Broaden the coverage of cooling-off periods to include all parliamentarians
- Extend the duration of cooling-off periods to align with the duration of a standard parliamentary term
- Broaden the scope of cooling-off periods to include lobbying on any subject-matter
- Broaden the scope of cooling-off periods to include advising or consulting on lobbying
- Task the body responsible for enforcing the lobbying regime with providing training and advice on its operation
- Transfer responsibility for enforcing the lobbying regime to an adequately funded and independent statutory authority capable of monitoring compliance, investigating and publicly reporting on breaches and recommending proper sanctions
- Introduce specific obligations requiring lobbied persons to uphold equal participation.
Original Article published by Chris Johnson on Region Canberra.
