ESTONIA MOVING TOWARDS GUIDELINES FOR MPs INTERACTIONS WITH LOBBYISTS

Back in 2012 GRECO (The Group of States Against Corruption) at the Council of Europe published an evaluation report of Estonia dealing with Corruption Prevention in respect of Members of Parliament, Judges and Prosecutors.

The GRECO Evaluation Team (GET) noted that in so far as the transparency of parliamentary sessions is concerned, these are generally open to the public and web cast live. By contrast, the committees’ meetings are held in public only in case more than a half of its membership votes in favour thereof. Upon invitation by the committee’s chair or a respective committee’s voting, any experts or guests may be invited to the committee’s sittings. Some interlocutors stated to the GET that it was not unusual for the lists of invited persons to include those with vested interests and/or links to individual parliamentarians. The absence of complete information (through registration or publication) on all those who may have influenced a concrete proceeding or a deputy participating therein, as well as the rarity of cases of actual withdrawal of deputies from the decision making were mentioned among factors contributing to the lack of transparency of the legislative process in Parliament. While acknowledging that contacts with third parties are important for the effective exercise of a deputy’s mandate since they enable the representation of a broad range of interests emanating from the parliamentarian’s electorate, the GET, nevertheless, encouraged the authorities to seek ways to enhance transparency of parliamentary committee meetings, particularly when these are open for participation by third parties.

The GET also noted that lobbying remains an unregulated issue in Estonia. According to various sources, vested interests allegedly exert significant influence on members of Parliament during the law-making process. Areas to which such influence reportedly applies include energy, health and pharmaceuticals sectors, gambling, smoking, alcohol and waste management. The GET recalled, however, that the focus of its evaluation was the standards applicable to members of Parliament and not those who lobby them. In view of the foregoing and in order to ensure greater transparency of the legislative process, GRECO recommended the introduction of rules on how members of Parliament engage with lobbyists and other third parties who seek to influence the legislative process.

As a result, the Anti-Corruption Select Committee of the Estonian Parliament started in June 2014 to work out guidelines for lobbying, largely unregulated so far. There is currently no law that touches on the rules of good practice in lobbying in Estonia. If a decision is made to create a registry of lobbyists, some amendments may be necessary. The aim is not to hinder lobbying but to make it as transparent and clear as possible.  The select committee surmised that this would include non-governmental organizations which also have their interests.