TOWARDS AN INTERNATIONAL ALLIANCE OF LOBBYISTS

The author of this article is Dr. Conor McGrath (www.Conormcgrathpa.com), Ireland. Dr. Conor McGrath has written/edited seven books on lobbying and public affairs. 

In a major initiative, the American League of Lobbyists (ALL) is spearheading an effort to establish an International Alliance of Lobbyists. With, Wright Andrews- a former ALL president and current member- leading the drive, ALL has identified a number of challenges faced by lobbyists around the world. These include lobbying transparency, the industry's reputation, professional training, more visible leadership in public disclosure about the role played by lobbying in the democratic process, enhancing standards of ethical conduct, and the legislative or regulatory reform. The coalition which ALL is seeking to put together is intended to tackle the issues collaboratively.

Groups which represent lobbyists nationally are being approached at the minute and urged to adopt an International Code of Lobbying Ethics and sign an initial Memorandum of Understanding, under which an Organizing Committee will work to create an International Alliance of Lobbyists. The Organizing Committee is to include a representative from each national association which joins the effort and will be chaired by Warren Andrews. A presentation which Wright Andrews has given providing an overview of the initiative can be found in the AALEP's website under Resources. Among the activities which the International Alliance may undertake are: holding conferences and webinars; producing education and training materials; disseminating information on best practice; and facilitating scholarly research into lobbying.

The International Code of Lobbying Ethics as presently drafted is designed to supplement rather than replace any existing codes of conduct operated by member associations and can be amended by each association to reflect the particular circumstances of their national environments. Its provisions include many which are relatively standard and non-contentious. Among these, lobbyists: must be truthful, must comply with the relevant laws, must "vigorously and diligently advance and advocate the client's or employer's interests", must ensure appropriate client confidentiality, and must respect the institutions of government. In other respects, this International Code is somewhat more rigorous and demanding that tends to be the case with those of non-US national associations, and thus some provisions may be more problematic for some lobbyists and their associations:

• Lobbyists should understand the legislative process and have "such specialized knowledge as is necessary to represent clients or an employer in a competent, professional manner". While this is indeed a sensible requirement, it does at least raise the question of who determines what specialized knowledge is essential, and whether most entrants to the profession would be able to point to any objective standard of knowledege aside from their personal career experience to date. The Code does go on to require that lobbyists "should participate in continuous education and training programs", which would presumably help them acquire specialized knowledge, but does not explicitly address how such training is to be provided, assessed and accredited.
• Conflicts of interest must be avoided- "A lobbyist should avoid advocating on an issue if the lobbyist is also representing another client on the same issue with a conflicting position."
• Clients must be made aware of any 'kickbacks' or referral fees paid by the lobbyist to a third party in connection with the client's representation, and of any consulting fees received by subcontractors working for the lobbyist onbehalf of the client.
• Lobbyists should be more proactive about educating the public about the legitimate role played by lobbying in the democratic process. While this requirement is to be welcomed, it does require that lobbyists- individually and collectively- commit themselves to spending time defending their profession in the public arena.
• Lobbyists are required to support transparency in the lobbying process. This has in the past tended to be something of a problem in many of those nations which do not yet have statutory regulation of the industry.
• Lobbyists are to be "encouraged to devote a not insubstantial amount of time each year" providing their services on a pro-bono basis to those groups "that are pursuing objectives that advance the public good, but who do not have the resources to compensate lobbyists to represent them in that endeavour". This will clearly not be universally welcomed by lobbyists.

The International Alliance of Lobbyists will be established as a non-profit organisation, and at this stage, it is hoped that it will be formally incorporated no later than 31 December 2012. Aside from ALL, the groups which are involved now are: Italian Public Affairs Association, Canadian League of Lobbyists, the (Australian) Government Relations Professionals Association, Association of Accredited Lobbyists to the European Union, and Croatian Society of Lobbyists. A variety of membership categories (and related fees, benefits and voting rights) are under consideration, including lobbyists' associations, individual lobbyists, lobbying firms, and associates (such as vendors and suppliers).

My own view is that this initiative has the potential to be tremendously significant. The sharing of information and ideas between lobbyists worldwide, and between lobbyists and academics, could produce any number of useful and innovative reforms. However, it is clear that much work remains to be done before this vision becomes a reality. In particular, it is important that a substantial momentum be created with additional associations signing up over the next couple of months. An International Alliance will work most effectively if it is as universally inclusive as possible-- there could conceivably be upwards of 100 member associations, but convincing even a couple of dozens to join early will require intensive efforts to persuade them of the potential benefits of collaboration. It is noticeable, for instance, that none of the many associations representing lobbyists in individual US states have yet joined. In Europe, there will be particular hurdles to be cleared: there is a certain amount of professional rivalry and personal disharmony between some of the major associations, the existing groups are currently faced with the introduction shortly of new regulatory systems and so will be prioritising that work rather than looking at opportunities further afield; some European groups remain reluctant to embrace the word 'lobbyists', preferring instead to hide behind 'public relations' and 'public affairs'.

Personally, I urge the leaders of this effort to reach early decisions about an individual membership category. Living in Ireland, I am a member of the Public Relations Institute of Ireland, but we still have no associations specifically dedicated to the needs of lobbyists. Working in the UK, the two options for individual lobbyists are the Chartered Institute for Public Relations (of which I am a member) and the Public Relations Consultants Association (which has only recently opened itself to individuals as opposed to firms). There is also of course the Association of Professional Political Consultants, but its members are agencies rather than individuals. Even the UK- one of the world's largest and most sophisticated lobbying marketplaces- has no association exclusively representing lobbyists from all segments of the industry: agencies, in-house staff and independent consultants. The benefits of belonging to a proactive and visible International Alliance to a sole trader (such as myself) are clear and tangible. However, the Organizing Committee needs to focus on marketing itself to individuals as well as associations at this stage, so they can extend the Alliance's reach, and be involved in shaping its development.

In an academic article published in the Journal of Public Affairs (Volume 5, N° 2) in 2005- entitled 'Towards a Lobbying Profession: Developing the Industry's Reputation, Education and Representation- I have argued that the central question facing all lobbyists in all countries is whether lobbyists can be transformed from the vibrant and thriving industry it certainly is today, into a more mature and confident, more accepted and acceptable profession. Lobbyists' associations are essential to this task, by providing more formalized and substantive direction, and more voluble and public leadership. One feature of most professions is that it is thought by professionals to be essential to be a member of the relevant representative group, both because of the status that offers and because of the services provided to members by the group. Much work is still required on the part of lobbyists' representative bodies in terms of ensuring that every practicing lobbyist feels a strong sense of professional identification and a strong need to belong to (and be active) in his or her representative body. A very obvious task for the International Alliance of Lobbyists is to devise a widely supported statement about what lobbying is, what it stands for, and its valuable and legitimate role in a democratic society. In the words of one academic "Members of a profession ought to have a formulation of their highest public service, of their fundamental contribution to society. Doctors help achieve health and avoid pain; lawyers contribute to justice and promote order. Teachers, at their best, spread enlightment. There is not as yet any such general conception of mission in the government relations field" (L.A. Dexter, 1987, How Organizations are Represented in Washington, p.152).

The solution is for lobbyists themselves to become more secure in their professional identity. Professionalization is more than simply individual practitioners doing their jobs well, as most lobbyists do. It additionally involves an infrastructure of norms, values, organizations. Academics can certainly help in terms of education, but fundamentally these are questions which require management by strong representative bodies. Nor can professionalization ever be fully achieved without a recognition by the general public of the contribution which lobbying makes to society. Again, that requires representtaive bodies to begin to inform and educate the public much more proactively than they currently do. The future work agenda of the International Alliance of Lobbyists is far-reaching and varied, but this new group has the potential to reinvigorate and promote the industry globally, paving the way for a new era in professionalization.