WHAT CODES OF CONDUCT DO ?

Codes of conduct typically address the relationships inherent in lobbying amongst lobbyists and their clients or employers, public office holders, and the general public. While existing codes of conduct differ in detail, they all incorporate similar principles, such as the need for frank disclosure, appropriate confidentiality, and the avoidance of real or perceived conflicts of interest.

TRANSPARENCY

By definition, transparency means a condition in which something can be seen through. Lobbying legislation establishes minimum standards for transparency. Lobbyists must register and provide details identifying themselves, their clients, their lobbying subject matters, their lobbying targets and the intended outcomes of their lobbying efforts. Transparency in lobbying laws means that members of the public can visit the lobbyists’ registry to see who is lobbying whom, on what issues, and for what purpose.

However, public office holders who are approached by lobbyists may be unaware that they are in fact, being lobbied. They may be unaware of the particulars of lobbying laws and the legal obligations of the lobbyists they encounter to register. Some codes of conduct address this gap by requiring lobbyists to identify themselves as lobbyists when they approach a public office holder, and to disclose the identity of the client or employer for whom they are working and the purpose of the lobbying. In other words, disclosure obligations mandated by a code require that lobbyists be frank about their intentions when approaching public office holders.

ACCURACY AND COMPLETENESS

Codes of conduct also govern how lobbyists present information to public office holders. Most codes require lobbyists to provide accurate, current, and complete information. Codes require that lobbyists not knowingly provide false or misleading information, and to take all possible steps to ensure that inaccurate information is not inadvertently provided to public office holders, clients or employers, or the public. In the same spirit, some codes expect that lobbyists present their case persuasively without resorting to manipulating information in ways that could reasonably be interpreted as dishonest or false.

CONFIDENTIALITY

Many professional codes also contain clauses about confidentiality and require lobbyists to be principled in the ways they acquire and use confidential client information. Typically, lobbyist codes prohibit lobbyists from sharing – without the informed consent of affected persons or organizations – confidential information they acquire through lobbying activities, and stipulate that they not use confidential or insider information they learned through lobbying in ways that might harm the clients, employers, or organizations for which they work.

CONFLICT OF INTEREST

In the lobbying context, a conflict of interest can arise in two ways: (1) conflicts that pertain to lobbyists themselves; and (2) situations in which lobbyists’ activities place a public office holder in a real or perceived conflict of interest.

Codes often require lobbyists to avoid conflicts of interest in representing different clients. For example, codes of conduct discourage lobbyists from representing competing interests. Lobbyists must not represent two clients in the same industry or two clients with opposing objectives, without the informed consent of those affected.

With respect to public office holders, conflicts of interest occur when tension between a person’s personal interests and public duties threatens their neutrality or judgement. The nature of the relationship between lobbyists and public office holders makes it especially vulnerable to conflicts of interest or perceived conflicts of interest. Lobbyists might have previously worked for elected officials as public servants or as political staff. Lobbyists might also have worked on the electoral campaigns of elected officials. These relationships have the potential to place a public office holder in a conflict of interest situation. Conflicts of interest can compromise sound public policy decision-making, if they lead to decisions being made based on narrow personal interests rather than the broader public interest.

UNDUE INFLUENCE

The goal of lobbyist regulation is to promote sound public policy decision-making through facilitating lobbying, while minimizing undue influence.  Black’s Law Dictionary defines “undue influence” as “unfair persuasion of a party who is under the domination of the person exercising the persuasion or who by virtue of the relation between them is justified in assuming that the person will not act in a manner inconsistent with his welfare.”

Codes ban lobbyists from attempting to influence public office holders by means other than communicating evidence and valid arguments. For example, they often prohibit lobbyists from offering gifts or benefits, or using any other means that might be seen as currying favour or creating a sense of obligation in their attempts to influence public office holders.

Lobbyists and public office holders who have frequent contact might naturally develop cordial working relationships. Cordial business relationships often evolve into personal relationships. The lines between the two can become blurred. Codes of conduct can help lobbyists operate so that the line between these relationships is not crossed, and does not even appear to be crossed, in the professional context.

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