Ten-point plan for democratic regulation of funding of political lobbying
1. Register of Lobbyists
• Cover those regularly engaging in political lobbying (repeat players) including commercial lobbyists and in-house lobbyists • Require disclosure of identities of lobbyists, clients, topics of lobbying and expenditure on lobbying
2. Disclosure of lobbying activity
• Quarterly publication of diaries of ministers and shadow ministers and their chiefs of staff which includes disclosure of who these public officials are meeting together with meaningful detail as to subject-matter of meetings • Lobbyists on register of lobbyists to make quarterly disclosure of contact with public officials including disclosure of identities of public officials and subject-matter of meetings
3. Improved accessibility and effectiveness of disclosure
• Register of lobbyists and disclosure of lobbying activity to be integrated with disclosure of political contributions and spending • Annual analysis of trends in such data by an independent statutory agency (e.g. Australian Electoral Commission or federal anti-corruption commission)
4. Code of conduct for lobbyists
• Code of conduct to apply to those on Register of Lobbyists • Duties under the Code to include duties of legal compliance; duties of truthfulness; duties to avoid conflicts of interest; and duties to avoid unfair access and influence.
5. Stricter regulation of post-separation employment
• Ban on post-separation employment to extend to lobbying-related activities (including providing advice on how to lobby) • Requirement on the part of former Ministers, parliamentary secretaries and senior public servants to disclose income from lobbying-related activities if they exceed a specified threshold
6. Statement of reasons and processes
• A requirement on the part of government to provide a statement of reasons and processes with significant executive decisions
• This statement should include: a list of meetings that are required to be disclosed under the Register of Lobbyists and Ministerial diaries; a summary of key arguments made by those lobbying; a summary of the recommendations made by the public service; and if these recommendations were not followed, a summary of the reasons for this action.
7. Fair consultation processes
• A commitment on the part of government to fair consultation processes (processes based on inclusion, meaningful participation and adequate responsiveness) • Guidelines to be developed to give effect to this commitment (like the UK Cabinet Office’s Consultation Principles) • Statement of reasons and processes (above) should include extent to which these guidelines have been met
8. Resourcing disadvantaged groups
• Government support for advocacy on the part of disadvantaged groups including ongoing funding and dedicated services • Support should be provided in a way that promotes advocacy independent of government and ensures fair access to the political process
9. An effective compliance and enforcement regime
• Education and training for lobbyists and public officials • Independent statutory agency (e.g. Australian Electoral Commission or federal anti-corruption commission) to be responsible for compliance and enforcement
10. A vigilant civil society
• A network of media and non-government organisations committed to ‘following the money’ spent on political contributions and political lobbying • Public subsidies for such scrutiny • Strategic collaborations between scrutiny organisations and statutory agencies