GUIDELINES FOR MPs, MINISTERS, STAFF AND PUBLIC OFFICIALS IN DEALING WITH LOBBYISTS

Lobbying is an acceptable and normal part of our society and in many cases is a part of a healthy democratic process. Decision-makers can be provided with valuable information during the lobbying process.

Lobbying covers a wide variety of activities. Generally it involves the making of representations to Members of Parliament, Ministers, ministerial staff and other public officials on particular issues by special interest groups, individuals and professional advocates acting on behalf of others.

The Guidelines for Members of Parliament , Ministers, Staff and Public Officials in dealing with lobbyists  here below are aimed at maintaining the integrity of government decision-making processes. The Guidelines apply where the person who is lobbied is the actual decision-maker as well as in those cases where the person who is lobbied is not the decision-maker and another Minister or public official is responsible for making the decision.

Members of Parliament, Ministers, Staff and Public Officials should ensure that their personal conduct is consistent with the dignity, reputation and integrity of their respective institutions. They should avoid granting special privileges, advantages or access to any lobbyist by virtue of that lobbyist’s particular background. They should not accept representations from lobbyists if they are not registered. They should ensure that dealings with lobbyists is conducted so that they do not give rise between public duty and private interest. In dealing with a lobbyist who is acting on behalf of a third party, it is important to establish who or what company or what interests that lobbyist represents so that informed judgments can be made about the outcome they are seeking to achieve.

Principles to be observed

Members of Parliament ,Ministers, Staff and Public Officials should ensure that lobbying :

(a) is undertaken in accordance with appropriate practices; and

(b) does not undermine the integrity of decision-making processes.

In particular, MPs, Ministers, Staff and Public Officials who are lobbied should:

(i) be alert to the motives and interests of those who seek to lobby in relation to a decision;
 

(ii) be aware of which person, organisation or company a lobbyist is representing;

(iii) ensure that the making of a decision is not prejudiced by the giving of undertakings to an interested party prior to the decision-maker considering all relevant information;

(iv) avoid doing or saying anything which could be viewed as granting a lobbyist preferential treatment;

(v) ensure as a decision-maker that, as far as possible, competing parties are treated fairly and consistently - for example, it may be necessary to provide a group with an opportunity to make submissions in relation to a proposed decision in circumstances where another group with a different view has been afforded an opportunity to make representations on the proposed decision;

(vi) ensure that confidential information is not disclosed to a lobbyist;

(vii) be alert to attempts by lobbyists to encourage decision-makers to consider matters which are extraneous or irrelevant to the merits of the decision under consideration;

(viii) consider keeping records of meetings with lobbyists, and if necessary having another person attend the meeting as a witness or to take notes and

ix) ensure that no action is taken which involves a breach of a relevant code of conduct (such as the Ministerial Code of Conduct), for example, by accepting inappropriate hospitality or gifts from lobbyists.