DETERMINING A LOBBYING REGULATORY MODEL

Lobbying is arguably one of the most controversial activities in modern democracies. Lobbyists provide governments with valuable policy-related information and expertise but if the activity is not transparent, public interest may be put at risk in favour of specific interests. .

It is worth noting that no country in the world has banned lobbying. In fact, only a few countries even regulate the activity. These countries treat lobbying as a legitimate right of citizens. Regulations serve as a tool to enhance transparency in the policymaking process rather than restricting access to policymakers.

The effectiveness of any lobbying regulation largely depends on how it defines lobbying and lobbyists. A lobbying law should not legitimize bribery or corrupt practices since it prioritizes private gain over public interest. Lobbying should be defined to include only those activities that further the ideals of participative democracy.

The influence of many NGO groups lies in the public support they command. Therefore, there is merit in including both commercial and advocacy groups in the definition of lobbyists so that neither have undue advantage in influencing policymakers nor is there a restriction to access for any group.

Countries need to determine a regulatory model that suits their socio-political needs. Furthermore, the point should be made that there is fine line when drafting the disclosure requirements. Too high disclosure requirements can drive lobbyists underground while too low penalties may not act as sufficient deterrent for law-breakers. If public authorities pro-actively disclose information, it can complement the disclosure requirements under a lobbying law.

A law to regulate lobbying can pave the way for transparency in the policymaking process. Disclosures of expenses incurred by lobbyists and financial accounts of law makers are likely to force interest groups to engage in the legislative process through legitimate means. Universal access to information on expenses and details of communications with policymakers can give impetus to more debates in the public domain. A shift to lobbying as a means of engaging with the legislative process can further the ideals of a participative democracy.