Lobby register

from Wikipedia, the free encyclopedia

A lobby register , also known as a lobbyist register or transparency register , is a publicly accessible database in which lobbyists are recorded together with key data on their activities.

The aim is to create transparency about the possible influence of organized interest groups on parliamentarians . Many studies suggest that lobby transparency leads to a decrease in corruption . Registers exist for political bodies in various countries, the effectiveness of which is assessed depending on the specific design. In many voluntary registers, for example, influential actors are not entered.

Positions and considerations

Opponents of lobby registers justified their opinion in a survey mainly on the fact that there is no need for regulation and that they see obstacles to the free exchange of opinions. One study saw early European politics not so much following the principle that creating transparency should strengthen citizens' trust in political processes, but rather that close communication between business and politics is useful for economic development. These priorities would begin to change due to scandals and public pressure.

Design

Many non-governmental organizations (NGOs) see possibilities of checking and sanctioning non-or incorrect entries as a prerequisite for an effective register; in many cases it is criticized that this has not been implemented. Threshold rules, according to which registration is only required from certain financial expenses or working hours, are intended to prevent a disproportionately high bureaucratic obstacle to entry for small actors and are established in the USA, for example. Analogous regulations are common among register advocates. In addition to searchability, a database format enables deeper analyzes and graphical processing.

Included data

Most registers contain at least the following data:

  • Lobbyist identity
  • Client
  • pursued goal
  • available financial resources

A survey of lobbyists carried out by the Organization for Economic Co-operation and Development found that the majority of them would be in favor of a mandatory register and the publication of the above data (excluding financial data). The data to be specified can, for example in Canada, include much more.

Lobby registers of different countries

Germany

There is no mandatory lobby register in Germany. Since 1972 there has been a public list on the registration of associations and their representatives , in which, in addition to the name of the association, various address and contact details, the board of directors, management and representatives, the general area of ​​interest and the number of members can be given voluntarily. "There are no rights and no obligations associated with registration." It is restricted to associations , while contract lobbyists, lawyers, think tanks and non-governmental organizations are not recorded, budget information does not exist and registration is not mandatory. A regulation according to which registration was a prerequisite for access to hearings was suspended again shortly after it came into force. This is why the list of associations is viewed by many non-governmental organizations and also currently by the Bundestag opposition as not very transparent.

There have been several legislative proposals to introduce a more efficient lobby register. In 2011, the parties Die Linke and Bündnis 90 / Die Grünen submitted applications for the introduction of a lobbyist register. This was debated in the Bundestag on April 7, 2011, together with a request from the SPD to create more transparency in the use of external persons in the federal administration. Among other things, the following was requested: naming the lobbyists' clients, quantifying financial expenses and establishing a legislative footprint (explanation of the term: see below). Due to the negative attitude of the CDU / CSU and FDP, the register did not come about.

In November 2014, Die Linke again drafted a legislative proposal to introduce such a register, which has yet to be decided on in the future.

In June 2016, the opposition's legislative proposal from Die Linke and Bündnis 90 / Die Grünen was rejected in the Bundestag. The legal advisor of the Union parliamentary group Hans-Jürgen Uhl , CSU, warned against “discrimination and stigmatization” of interest representatives. Presenting and listening to individual interests should not be criminalized.

In a draft contract for the coalition agreement between the Union and the SPD, it was said at the beginning of 2018: "We want to create transparency with a mandatory lobby register without restricting effective government action or the free exercise of parliamentary mandate." Shortly before the conclusion of the negotiations, this sentence was changed in February 2018 painted.

Above all, the CDU / CSU parliamentary group in the German Bundestag has prevented the passage of a lobby transparency law and a mandatory lobby register to this day. In the course of the affair involving the CDU politician Philipp Amthor , the SPD and CDU / CSU agreed in early July 2020 to introduce a lobby transparency register for autumn 2020.

Positions of the parties

While the Union and FDP (which formed a coalition at the time ) saw no particular need for action in 2013 and referred to the voluntary list of associations in order not to create any bureaucratic hurdles , in 2019 the SPD, the Greens, the Left and the Pirate Party also took over the demand for a mandatory register.

German federal states

Since 2011 and 2013, respectively, Rhineland-Palatinate and Brandenburg have actually had voluntary association lists that are comparable to those at the federal level. The state parliament of Saxony-Anhalt has also had a lobby register since 2015.

Conference of Freedom of Information Officers

The 37th Freedom of Information Conference called for the introduction of a mandatory lobby register in a position paper.

Austria

In Austria, a mandatory lobby register with strict disclosure requirements, including budget figures and sanction options, comes into force. The register is still in the start-up phase, individual reporting periods end in 2014, many lawyers are waiting for legal clarification and have not yet registered.

European Union

For the European Parliament and the EU Commission, a common voluntary register ( ' transparency register ' ) for lobbyists has been in effect since June 2011 , which also provides for financial data. As an incentive, registration is made a condition for an identity card that gives easier access to parliament. The maximum sanctioning measures for non-compliance with the code of conduct or for incorrect information are a commented deletion from the register and a withdrawal of the access card. However, since entries are made voluntarily, have been withdrawn in isolated cases in the past and false statements, which are not permitted according to the co-ratified Code of Conduct, in practice mostly remain free of sanctions, it is viewed as relatively weak. Another point of criticism is that interest groups can now practice their lobbying work undisturbed behind the scenes with supposedly correct information with the legitimizing seal of registration. The register is in an evaluation phase and further readjustments are in prospect. The EU Parliament has been campaigning for binding regulations for a long time and will continue to work towards mandatory registration, while the European Commission has so far resisted this. The reason given was that there was no legal basis. After a legal opinion refuted this, the EU Commission agreed with Parliament that it was legally possible, but stated that the previous voluntary regulation was sufficient.

Legislative footprint

In 2011 the European Parliament planned to add so-called legislative footprints to the annexes of legislative reports to legislative texts . This should list all lobbyists with whom an MP had contact in the course of his work on a law. The Legislative Footprint consists of a list of the lobbyists with whom an MP was in contact while working on the law. The aim is to make public in every draft law which information, ideas and suggestions a parliamentarian has taken from which lobbyist. At the end of the document, the lobbyists who have been heard and whose ideas have been adopted should be disclosed in order to increase transparency and prevent conflicts of interest.

On January 31, 2019, the EU Parliament passed binding rules on the transparency of lobbying. In an amendment to its Rules of Procedure, Parliament stipulated that MEPs involved in drafting and negotiating laws must publish their meetings with lobbyists online.

United States

In the USA there is a mandatory, publicly evaluable lobby register with financial disclosure requirements and theoretically high sanction options at the federal level and in almost all individual states. A register was enacted in the US with the Lobbying Act 1946. Incomplete regulations meant that only 4,000 out of 13,000 lobbyists were registered before the reporting rules were replaced by the Lobbying Disclosures Act in 1995 . In 2007, this was expanded by the Honest Leadership and Open Government Act with more precise specifications and increased penalties. The published data are relatively illuminating. However, it is criticized that many complaints are not followed up.

Canada

Canada passed a Lobbyist Registration Act in 1989 , which is regularly expanded to include additional requirements for specified data, an expansion of the scope and a strengthening of the possibilities for sanctioning. The maximum sentences are two years in prison and 200,000 Canadian dollars (approximately 140,000 EUR) . The very strong transparency regulations in Canada make it necessary for lobbyists to report on their activities on a monthly basis. This includes which member of parliament or parliamentary staff member they spoke to about which topics. The self-commitment to be signed has a legal character, is punishable by law, is monitored by an independent supervisory authority and forbids bringing MPs into a conflict of interests against the common good.

“ Lobbyists should

not place public office holders in a conflict of interest by proposing or undertaking any .” “Lobbyists shall not place public office holders in a conflict of interest by proposing or undertaking any action that would constitute an improper influence on a public office holder. "
The Lobbyists' Code of Conduct - Rule 8 "

Complaints are investigated publicly, and there is legal action against violations in practice. Similar regulations have been introduced in the provinces of Alberta, British Columbia, Newfoundland, Nova Scotia, Quebec, and Ontario.

England

In England there has been a voluntary register since 2011, which most non-governmental organizations criticize as being ineffective.

Other countries

Further registers were opened in Australia (in 2011), Denmark, France (2010), Ireland, Israel (2008), Lithuania (2001), Macedonia (2008), the Netherlands (2012), Poland (2005), Slovenia (2010), Taiwan, Hungary (2006-2011) introduced. In some cases long-term experience is still lacking, in some cases a need for improvement is already seen.

literature

  • T Leif, R Speth; The fifth power: lobbying in Germany; 2006; VS publishing house for social sciences
  • Lobbying and transparency: A comparative analysis of regulatory reform; C Holmana and W Luneburg; Interest Groups & Advocacy (2012) 1, 75-104. doi: 10.1057 / iga.2012.4
  • Lobbyists, Governments and Public Trust, Volume 1; Increasing Transparency through Legislation; OECD; doi: 10.1787 / 9789264073371-en Experience with lobbying regulations in Australia, Canada, Hungary, Poland, England and the USA.

See also

Web links

Wiktionary: Lobby register  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ^ A b c d Craig Holman, William Luneburg: Lobbying and transparency: A comparative analysis of regulatory reform . In: Interest Groups & Advocacy . tape 1 , no. 1 , March 20, 2012, ISSN  2047-7414 , p. 75-104 , doi : 10.1057 / iga.2012.4 ( springer.com [accessed December 1, 2018]).
  2. ^ A b c Chari, Raj, Murphy, Gary, Hogan, John: Regulating Lobbyists: a Comparative Analysis of the USA, Canada, Germany and the European Union . In: ARROW @ DIT . 2007, doi : 10.21427 / d7xn51 ( dit.ie [accessed December 1, 2018]).
  3. ↑ a b EU lobby register: voluntary approach failed | LobbyControl . In: LobbyControl . June 20, 2013 ( lobbycontrol.de [accessed December 1, 2018]).
  4. ^ Lobby Register - Lobbypedia. Retrieved on December 1, 2018 (German (Sie-Salutation)).
  5. ^ A b John W Hogan, Gary Murphy, Raj S Chari: “Next Door They Have Regulation, But Not Here…”: Assessing the Opinions of Actors in the Opaque World of Unregulated Lobbying . In: Canadian Political Science Review . tape 2 , no. 3 , September 29, 2008, ISSN  1911-4125 ( unbc.ca [accessed December 1, 2018]).
  6. ↑ a b OECD Principles for Transparency and Integrity in Lobbying - OECD. Accessed December 1, 2018 .
  7. ↑ a b More transparency and barriers to lobbying. (PDF) LobbyControl, 2011, accessed December 1, 2018 .
  8. ↑ 17/2486 - Bundestag motion BÜNDNIS 90 / DIE GRÜNEN: Creating transparency - Introducing a binding register for lobbyists. (PDF; 100 kB) 2010, accessed on December 1, 2018 .
  9. ↑ Lobbying | OpenSecrets. Accessed December 1, 2018 .
  10. ^ German Bundestag - Public list of the associations registered with the Bundestag . In: German Bundestag . ( bundestag.de [accessed December 1, 2018]).
  11. ^ Association list - Lobbypedia. (No longer available online.) Archived from the original on November 25, 2018 ; accessed on December 1, 2018 (German (Sie-Salutation)). Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.lobbypedia.de
  12. ↑ National Integrity Report Germany | Transparency International Deutschland eV Accessed on December 1, 2018 (point 10).
  13. ↑ a b Helmut Stoltenberg: German Bundestag - dispute over the introduction of a lobbyist register . In: German Bundestag . ( bundestag.de [accessed December 1, 2018]).
  14. ^ Balance sheet of the black and yellow government: Merkel's lobby republic of Germany . ( handelsblatt.com [accessed December 1, 2018]).
  15. ↑ Bundestag debates lobbyists' register. Retrieved December 17, 2014 .
  16. ↑ Left wants strict rules for lobbyists. Retrieved December 27, 2014 .
  17. ↑ According to the Bundestag decision - "The influence of lobbyists is still very great". In: Deutschlandfunk. Retrieved June 14, 2016 .
  18. ^ Coalition agreement: Union and SPD delete lobby register . In: Spiegel Online . February 10, 2018 ( spiegel.de [accessed December 1, 2018]).
  19. ↑ Study on the interrelationships and interests of the German Farmers' Association (DBV). (PDF, 3 MB): nabu.de . April 2019, accessed May 18, 2019 .
  20. ↑ GroKo agrees on lobby register ". In: Tagesschau.de. Retrieved on July 6, 2020 .
  21. ↑ SPD government program 2013. (PDF; 1 MB) SPD, p. 96 , archived from the original on September 3, 2013 ; accessed on September 22, 2018 .
  22. ^ Election program Bündnis90 / Greens. (PDF; 2.1 MB) (No longer available online.) 2013, p. 211 , archived from the original on August 10, 2013 ; accessed on December 1, 2018 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.gruene.de
  23. ^ Maximilian Henning: Freedom of Information Commissioner: Germany needs a mandatory lobby register. In: netzpolitik.org . June 13, 2019, accessed November 14, 2019 .
  24. ↑ Election program Pirate Party 2017. Chapter 17.1.2. Pirate Party, archived from the original on February 12, 2018 ; accessed on April 28, 2019 .
  25. ^ FDP for transparency registers on lobbyists and foundations. Süddeutsche Zeitung , November 11, 2019, accessed on November 14, 2019 .
  26. ↑ Pioneer or fig leaf? Accessed December 1, 2018 .
  27. ↑ Federal states: lobby transparency insufficient | LobbyControl . In: LobbyControl . April 24, 2013 ( lobbycontrol.de [accessed December 1, 2018]).
  28. ↑ Internet presence of the Federal Commissioner for Data Protection and Freedom of Information - on the press releases - Freedom of information commissioners from the federal and state levels are calling for a mandatory lobby register. Retrieved July 28, 2019 .
  29. ↑ Lobbying and advocacy registers - easy search. Accessed December 1, 2018 .
  30. ↑ Lobbying register started with 93 entries - derStandard.at. Accessed December 1, 2018 .
  31. ^ Transparency Register - Homepage. Accessed December 1, 2018 .
  32. ^ Stakeholder Register - View Register Statistics. Accessed December 1, 2018 .
  33. ↑ lobby register EU - Lobbypedia. (No longer available online.) Archived from the original on December 1, 2018 ; accessed on December 1, 2018 (German (Sie-Salutation)). Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.lobbypedia.de
  34. ↑ Interview with Marion Stein: “The EU lobby register has weaknesses” . ( handelsblatt.com [accessed December 1, 2018]).
  35. ↑ lobby register EU - Lobbypedia. Retrieved on December 1, 2018 (German (Sie-Salutation)).
  36. ↑ Texts adopted - Wednesday 11 May 2011 - Interinstitutional agreement between Parliament and the Commission on a common transparency register - P7_TA (2011) 0222. Accessed December 1, 2018 .
  37. ↑ Legal study into the legal framework for a mandatory EU lobby register and regulations . In: ALTER-EU . June 17, 2013 ( alter-eu.org [accessed December 1, 2018]).
  38. ↑ ALTER-EU: Legal framework for a mandatory EU lobby register. Accessed December 1, 2018 .
  39. ↑ Press release European Parliament; Reference No .: 20110510IPR19128. (PDF; 103 kB) Accessed December 1, 2018 .
  40. ↑ “Legislative footprint” aims to create lobby transparency in the EU :: Wandelhalle.ch. Accessed December 1, 2018 .
  41. ↑ EU Parliament to end secret lobby sessions
  42. ↑ Text adopted by the EU Parliament on the transparency of lobbying
  43. ↑ Lobbying | OpenSecrets. Accessed December 1, 2018 .
  44. ^ Lobbying Disclosure, Office of the Clerk. Accessed December 1, 2018 .
  45. ^ Report for Congress - Lobbying Reform: Background and Legislative Proposals; RE Petersen; Congressional Research Service. (PDF; 161 kB) 2006, accessed on December 1, 2018 .
  46. ^ Government of Canada, Office of the Commissioner of Lobbying: The Lobbying Act - Office of the Commissioner of Lobbying of Canada. Accessed December 1, 2018 .
  47. ^ The Lobbyists' Code of Conduct - Rule 8; The Office of the Commissioner of Lobbying, Independent Agent of Parliament Canada
  48. ^ Ethics Court Cases and Complaints. Accessed December 1, 2018 .
  49. ↑ Spin Watch statement on the Register of Lobbyists Bill . ( spinwatch.org [accessed December 1, 2018]).
  50. ↑ corporateName = Department of the Prime Minister and Cabinet: About the Department of the Prime Minister and Cabinet. Accessed December 1, 2018 .
  51. ↑ admin: lobbyists. October 9, 2014, accessed December 1, 2018 (Dutch).
  52. ↑ Lobby Register Slovenia ( Memento from March 29, 2016 in the Internet Archive ) (English)
  53. ^ Regulate Lobbying - Home - The website of Regulating Lobbying: A Global Comparison. Accessed December 1, 2018 .
  54. ^ Lobbying - OECD. Accessed December 1, 2018 .
  55. ↑ Climate protection comes under the wheels of the car lobby . In: Greenpeace . ( greenpeace.de [accessed December 1, 2018]).