WAYS OF IMPLEMENTING CLEAN LOBBYING

Lobbying that respects the values and purposes of government institutions, lobbying that adheres to high ethical standards and that advances rather than undermines educated and ethical decision-making by legislators is the kind of lobbying that advances public good rather than lobbying calculated to exploit the principle of reciprocity. There are various aspects of the reciprocity rule: For example, a person can trigger a feeling of indebtedness by doing us an uninvited favor. Further a small initial favor can produce a sense of obligation to a substantially larger return favor. Another consequence of the reciprocity rule is that we feel an obligation to make a concession to someone who has made a concession to us. Reciprocity frequently is at play in lobbying activity. Lobbyists are fully aware of the value of creating a sense of obligation with a public official. Lobbyists are quick to pick up the tab at lunch or provide public officials with various gigts, small and large. Hosting a reception to honor a public official is an immensely valuable lobbying tool. Even providing needed research, advice or other types of favours can bolster the sense of reciprocity. In several democratic societies, making campaign contributions to a candidate or political party is perhaps the most valuable gift a lobbyist can give to a public official.

The challenge therefore is how we can lock if not neutralize the reciprocity principle in legislative decision-making? As more and more countries consider the articulation of legal frameworks for lobbying activities, there are four key aspects that should be taken into account:

1. Reciprocity can be prevented from gaining a foothold by instituting a near-zero tolerance for gifts, meals and entertainment paid for by lobbyists and their employers. Although there will have to be exceptions, these rules should apply to events and be set at low thresholds. Admittedly politics is about relationships and in Europe especially food is just a standard way of doing business but at the end of the day what really counts for decision-makers are your arguments and noise-filled places are not the appropriate location for that exercise.

2. In order to assist lawmakers and the public in unmasking the principle of reciprocity at work, insist on full and immediate disclosure of everything of value flowing from a lobbyist to a legislator or staff. That includes the employer or principal as well as the registered lobbyist. In addition, there should be a greater disclosure of coalition lobbying expenditures so that clearer lines can be drawn between those who pay and those who lobby.

3. Provide a level playing field and equalize access.... by extending and making more impermeable the cooling off period for former public officials and staff, by limiting access perks by former public officials who have become lobbyists, by having parliament do more of the public's business in public.

4. Establish an enforcement regime that carries consequences for both lobbyists and legislators. This means creating an Office of Public Integrity and it means imposing misdemeanor penalties on lobbyists whose conduct results directly and knowingly in violation of ethical rules applicable to public officials and staff, especially with regards to gifts.

Possible language articulation:

"Public officials are called upon to use their best judgment to avoid situations of real or perceived conflict. Public officials shall not accept or solicit any gifts, hospitality or other benefits that may have a real or apparent influence on their objectivity in carrying out their official duties or that may place them under obligation to the donor. This includes free or discounted admission to events arising out of an actual or potential business relationship directly related to the public official's duties. The acceptance of gifts, hospitality and other benefits is permissible if they

1. are infrequent and of minimal value (low-cost promotional objects, simple meals, souvenirs with no cash value);
2. arise out of activities or events related to the official duties of the public official concerned;
3. are within the normal standards of courtesy, hospitality or protocol; and
4. do not compromise or appear to compromise in any way the integrity of the public official concerned or his or her organization.

At no time should public officials solicit gifts, hospitality, other benefits or transfers of economic value from a person, group or organization in the private sector who has dealings with the government.