PRII position papers
Regulation of lobbyists
The Public Relations Institute of Ireland (PRII) is the professional association representing over 1,100 public relations and public affairs practitioners active in Ireland. As a representative of these activities, the PRII takes a keen interest in initiatives related to the work practices of these professionals, and for the purposes of this paper, specifically policy initiatives related to the role of lobbyists. The PRII believes that professional public affairs practice and lobbying are proper, legitimate and necessary activities, which ensure open two-way communication between European, national and local institutions on the one hand, and stakeholders whose activities and interests are governed, regulated, impacted or otherwise influenced by such institutions on the other.
Regulation of lobbying
The PRII believes that the representation of private and public interests (lobbying) has an essential role to play in any democracy. This type of representation is a key component in the communication of opinions to decisionmakers which ultimately lead to a more informed decisionmaker who is thereby enabled to take decisions on any given topic in a balanced and educated manner. The PRII believes that this type of representation activity should be undertaken in a transparent manner, based on the fundamental standards of professional and ethical conduct. Ultimately, the decisionmaking process must be democratic, fair and not subject to any undue or improper influence. To this end, the PRII itself has an agreed Code of Conduct to which all members must adhere. This Code of Conduct sets down agreed rules of engagement relating to conduct of our members towards public bodies, clients and employers and towards the profession itself. Any breaches of this Code are deemed to be breaches of the Disciplinary Code of the PRII and are subject to such procedures and sanctions as provided for in the Disciplinary Code.
There have been suggestions that the activities of lobbyists should be regulated. Notwithstanding the fact that there is currently little information as to what such regulation would entail, nor what the term ‘lobbying' actually covers, the PRII believes that regulation of the sector would be premature at this time. Instead, guidelines should first be agreed between all involved in lobbying activities, based on Government recommendations issued further to consultation with all stakeholders. These guidelines should include guidance on transparency, declaration of interest, provision of advice, information sharing etc. This exercise could also include the establishment of an agreed Code of Conduct, which could be based on the abovementioned PRII Code of Conduct. Time should then be given to ascertain whether these guidelines are followed by practitioners and whether they serve to allay any concerns there may be with respect to the activities of the sector. Only once this assessment has been made, should a decision be taken on whether or not to regulate lobbying activities. The PRII would therefore make the following recommendations with respect to this debate:
1. A Review Group be established, comprising public bodies and private interests to examine lobbying in Ireland. The Review Group should seek to define the term lobbying and to identify which stakeholders are currently involved in that activity. The Review Group should then make recommendations on how best to streamline professional lobbying activities in Ireland so as to ensure transparency across all stakeholders either lobbying or being lobbied.
2. On the basis of the work done by the Review Group, Government Guidelines on lobbying should be issued. An assessment of how these guidelines are being implemented should then follow, with a view to introducing stricter measures in the event of a failure by lobbyists and those being lobbied to adopt these guidelines.
3. As an interim measure, a register of lobbyists should be established and a system whereby registered lobbyists can access debates in Dáil Eireann at any given time, should be introduced.
Defining Lobbying
For the purposes of any exercise relating to lobbying, it is of course essential to have an agreed definition of lobbying. It is clear to the PRII that it is not only so-called public affairs professionals that are involved in lobbying, but instead a diverse group which includes, but not exclusively, lawyers, trade associations, NGOs, public relations consultants, management consultants, political parties etc. It is vital to ensure that any guidelines or eventual regulation be applied to all those partaking in lobbying so as to ensure that equitable standards are in place and indeed to ensure that one grouping is not unfairly constrained vis-à-vis other groupings, with whom they may compete, but who may not have lobbying as their primary activity (such as the legal profession). One definition currently in place which appears to have wide support at EU level is the CIPR (Chartered Institute of Public Relations) and the PRCA (Public Relations Consultants Association) definition which reads: "Lobbying is defined as the specific efforts to influence public decisionmaking either by pressing for change in policy or seeking to prevent such change. It consists of representations to [and / or policy relevant discussion with] any public office holder on any aspect of policy, or any measure implementing that policy, or any matter being considered, or which is likely to be considered by a public body".
Interim Measures on Transparency - Registration and Access
In a move to ensure increased transparency of the lobbying sector in Ireland, there is a relatively simple initiative which could be undertaken in the interim, namely the establishment of a credible registration system. PRII would support a move to establish a register of lobbyists with a regularly updated statement of interest by each lobbyist on the register, meaning which interests are currently being represented by the registered lobbyist. If public bodies then use this register as a means to identifying lobbyists with whom they interact, this in itself will encourage transparency in the field. The PRII believes that the register should remain relatively simple, so as to ensure uptake by lobbyists, stating the name of the lobbyist, the company for which the lobbyist works (when not a sole operator) and the clients of the lobbyist.
Access to policy debate is a key component of the work of any lobbyist. The need for open and transparent access to elected representatives' debate is clearly recognised in many jurisdictions, not least the US, UK and at EU level, whereby registered lobbyists are given the right to attend parliamentary debate on any given topic at any given time. This is done on the basis of an application by the lobbyist, followed by a background check by the institution for which a pass has been requested. For example, the European Parliament provides lobbyists with a 12 month renewable pass to its institution on the basis of a request and background check, followed by the entry of the lobbyist onto the European Parliament register. This access to the European Parliament eases the information flow between interest groups and politicians and civil servants and is entirely democratic. Unfortunately, no such equal system exists for Dáil Eireann, leading to very few having privileged access to Dáil debates. Any attempt to regulate the lobbying profession must go hand in hand with improved and impartial access to Dáil Eireann.