AQ: Australian Quarterly

Ten-point plan for democratic regulation of funding of political lobbying

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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

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