HOW DOES THE OECD SEE LOBBYING CHALLENGES?

Lobbying is a reality in modern democracies and a growing business. While it can improve the quality of public decisions by providing expert information, lobbying may also result in vast influence by powerful interests at the expenses of the public interest. To help address growing concerns, in 2010 OECD countries adopted Principles for Transparency and Integrity in Lobbying as guidance to decision-makers on how to promote good governance in lobbying. Three years later, and in the wake of a global crisis where adequate protection of the public interest has been questioned worldwide, there is a growing need to assess the progress made in effectively ensuring an open, balanced and informed public decision-making process.

Experience shows that regulating lobbying has proven difficult due to its complex and sensitive nature. Yet, more and more countries are making efforts to set up rules or guidelines to channel the benefits of lobbying and mitigate the risks through increased transparency. Although some countries have managed to introduce rules or guidelines, implementing them and measuring them remains a challenge.

Defining the scope of lobbying activities and creating the appropriate rules and guidelines has proven a challenge in many countries. While a comprehensive scope ensures a level playing field among all interest groups, it may also result in an overwhelming administrative burden. Alternatively, certain countries rely solely on self-regulation by lobbyists.

Mechanisms to ensure an informed public decision-making and transparency of lobbying practices are critical part of an open government. However, the debate is still ongoing regarding how much information is needed to shed light on lobbying and effectively address concerns, in particular the risk of bias in the process of decision-making.

Trust in the public decision making process has decreased in many countries. Citizens’ perception of corruption and undue influence by powerful interests and the revolving door phenomenon between lobbyists and public officials have attracted particular attention.

Over the past years, countries have increasingly designed and implemented rules and guidelines on lobbying. Yet, questions on how to achieve compliance remain. Challenges to enforce the regulation in  a cost-effective manner are evident and countries still struggle to provide incentives for compliance and to sanction breaches.