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Please note that the following transcript has been edited to make reading easier and may slightly differ from what was said in the webinar recording. Disclaimer: We aim to ensure a high level of accuracy, but the webinar and the transcript are for information purposes only and they cannot be considered as legally binding.
Mr. Santer, a French lady and her dentist: the story starts in 1999
Our story starts maybe in 1999 with the Santer Commission which had to resign over issues and allegations of improper behaviour behaviour. It all had to do with a man from Luxembourg, urg, Mr. Santer, a French woman, the Commissioner Edith Cresson and her dentist. I wont go into the
background but it basically had to do with accusations of what can be called Nepotism or giving contracts and business to close allies who shoul shouldnt have that kind of thing. The important point is that it triggered a whole set of activities and reforms inside the EU institutions to ensure that they operate much more professionally and transparently today.
Stakeholder consultations
But before I go forth, I think it is important to mention in particularly this idea of stakeholder consultation because what we are talking about here, lobbying, is a way by which EU institutions gain in information from a wide range of external stakeholders stakeholders. . They T need that information to make good policy decisions and indeed the Treaty on European Union obliges (I think it is article 11 if memory serves me well) ) obliges the institutions to seek the input of stakeholders when they form policy on the basis of having an understanding of how it may impact a wide range of stakeholders. In general, what we are talking about here today is the ethical standards of lobb obbying. Its a good thing for policy development and for the democratic system and it needs a strong rule-based rule system.
3. The third was the framework rules for lobbyists. Thats really where we are going to start now.
NGOs want to get together to do something something. It t is important that when those kinds of groups are ar set up, they are transparent and that they also participate in the Register.
Question: What do you mean by saying that EU lobbying rules intentionally vague?
Thank you for that question. It is a very good one. . What I mean to say is that when the European Commission established first register (and and the main features of that were obviously duplicated in the new register), ), t they didnt spend a lot of time being very clear about exactly how people should record financial information or exactly how they should describe various components of what they put in there in the registration. And in fact, if you spend a little time goi going through the listings in the Registry, egistry, you y will see theres a great variation in the way in which individual registered organisations s have responded. The reason that theres a great variance in the way people have responded is because they arent very clear in specific guidelines about what you have to do to reply and to fill that in. It also goes back to the broad definition of lobbying that I referred to, that could rage a number of questions about what lobbying really is. In fact, the Commission Commissions intention in which it was taken up in the agreement reement between the Commission and Parliament was really to cast the net as widely as possible. So anything you do to influence EU institution institutions, whether it be in a face-to-face face meeting with officials or elected politicians or whether it be staging an event t or putting an ad in the newspaper or on a website, or whatever it happens to be, all these things are considered to be lobbying.
So the Commission realised d pretty early on they didnt want to try and get in the sort of slippery slope trying to regulate all these stuff. They just kind of wanted to say anything anything that you are trying to do to influence should be considered lobbying for the purposes of register register and particularly for the purpose of the financial declaration and therefore, they didnt go down the t path of trying to make the rules very specific. In some cases cases, that has meant that the way that people go about registering is very different.
active within their political parties parties, although particularly with the latter ter point there are a number of conditions about how they do that.
Declaration of Interests
It does a lot in terms of requiring declarations of interest. One declaration that they have to t do is about all their activities over the last ten years. Theres also probably a more well-known sort of declaration: their financial interest interest, which also includes their spouses, so if their spouse has some professional activity which could be deemed to create ethical chal challenges lenges, they have to declare it.
That being said, you can encounter I think more strict rules and in fact, this has happened to me on a number of f occasions where you encounter an official working in the Institutions who will, will for whatever reason, will just simply say No, I dont do lunches with outside representatives. Its just not something I do. So they might go farther than what the rules strictly require. require So that is something you have to keep an eye out for.
Question: should European Commission officials be required to have a cooling off period of 3 years before working for an organisation they had contacts with?
I think this is an issue that requires careful consideration. The he European Commission is an organisation that employs people with lots of different level levels and staff. I think we all agree that if you were a junior employee or trainee trainee, , you probably shouldnt have to wait three years to find a job outside the Commission. And I think you can even have younger professionals for whom it doesnt make sense to put restrictions on their future employment. I think that for senior levels of the Commission, its appropriate to have some rules in place. I know that the Commission has its own system for making sure that there arent conflicts between the subsequent employment and what an official icial has been doing previously. Then T of course theres the issue of European Commission Commissioners, something which weve looked at already. I think this is a perfectly valid area of discussion. I dont have a view on exactly what the timeline should be. I mean we, , at Burson-Marsteller, have our own restrictions when were hiring people or working with people that come out at those kinds of positions. I guess in terms of the specific length, , thats something that really needs to be debated and talked about in more detail.
then President of the European Parliament, Mr. Buek. They hey got together and there the was a lot of internal consultation and indeed some consulta consultation tion with external stakeholders that I was able to participate in, and eventually they came out with a Code of Conduct for Members of the European Parliament. This his Code of Conduct lays out some sort of general principle principles of integrity and honesty. It imposes a declaration of financial interest of the Members of the European Parliament and a big issue that I recall being discussed quite a bit during the consultative period is the issue about bout other remunerated activity. T There here are some who are saying that the European Parliament should have no other remun remunerated erated activity, others were saying that it should be some low levels of remunerated activity or they should be allowed as long as theyre not in sort of direct conflict with the mandate of an MEP. Thats really the motto where they seem to have come down now and said you can have other remunerated activity if its low level level, it doesnt have to be declared. If its s greater than 5000 per year ear in terms of revenue to the M Member, then it needs to be declared. Their concern there was really about about, for example, if Im a doctor who has become a Member of the European ean Parliament and I still want do some things that are related to my previous career as a doctor, then I should be able to do that that or if you are an author, for instance. instance
Attending events, former Members of the European Parliament and other rules
Two other interesting points: now Members of the European Parliament have to declare all events that they attend or they will will, I think, from the 1st of July. Also mentioned in the Code of Conduct for Members of the he European Parliament, former M Members embers who lobby, lobby have to give up the benefits that t are normally given to former M Members, including the access badge. badge This I think makes perfect sense because ecause if youre former Member ember of the European Parliament, then you get into the Parliament on the basis of that status, you shouldnt be able to use that sort of access and lobby with former colleagues.
Question: MEPs themselves dont have to declare who they meet with. What about bilateral lateral meetings? Doesnt this create a grey area for potentially abusive contacts?
Well youre absolutely right that the members dont have to declare every meeting that they take and this was a part of the points I remember being discussed when I was involved in a consultation with the Parliament. The bottom line is that Members of the European Parliament feel that their elected representatives deserve a role if somebody wants to be able to meet with them privately about something for whatever ver reason, then they should be able to do do. They, as a Member of the European Parliament, should be able to have a private meeting meeting, which is a legitimate interest so it does not require that they list every meeting. That being said, there is a difference fference between what is required and what is done in practice. practice What I think is the key point for all of us lobbyists is that you have to be aware that what actually happens in practice is that any individual Member of the European Parliament can often go beyond what at is required by the rules rules, and many MEPs will list who they meet. Many political groups list meetings that they have with stakeholders. Its more often done by different national delegations than within political groups, but its starting to happen. happen So what you need to be aware of is that there is a high level of transparency. Well, its not required for them to list all those meetings. But m many of them actually choose to do so.
Access to Documents
Now moving on to the subject Access to Documents. I dont want to go into great detail here but it is s important that if youre going to send information into EU Institutions Institution as part of your efforts to make your case on an issue, you should know that the current rules on access to documents allow just about anyone to request information on just about anything covering any form of written communication received by an EU Institution Institution. This could include emails or any sort of documents you send in when youre lobbying.
Confidentiality
If you are submitting information to the EU Institutions, you need to be aware that even if you think you got their absolute agreement to keep certain information confidential, it has to really fit in with the conditions of the access to documents regulati regulation: if it doesnt, then it will be hard for the institutions to not allow that information to be shared if a third party requested it.
Question: when MEPs meet someone or whether there are events that they attend, is it a kind of list that is publicly available and if it is not, do you think it should be?
My understanding about this new idea idea, which I think it was just literally last week (end of April 2013) that they agreed, is about listing all the events that the MEPs attend. My understanding is that it is intended to be public. Im not quite sure yet exactly how its going to work, if its going go to be a centralized list or if its something that MEPs are just expected to put on their own websites and share, but in any case, the principle is going to be that this information is intended to be publicly available.
Question: Regarding access to documents, what hat is the time in which a request reque for information is handled?
Lets see. The he access to documents regulations sets out specific deadlines and I think the first deadline is something like two or three weeks (in fact, 15 days). Theres heres an opportunity for them to ask to extend that by little bit and usually they do so because they have rather high level of demands and theyve increased the staff to do this but still there is quite a number of such requests.
Registration of lobbyists, while technically voluntary voluntary, is expected. ed. I think it is becoming increasingly believed that ethical ethical, transparent lobbyists will register and so even if its a voluntary register, the expectation is there. The Commission and the Parliament together, together as part of their review of the work of the Transparency Register, are looking for ways to make that clear. The behaviour of officials or M MEPs as they deal with lobbyists: I think increasingly they will begin asking if you are registered when you are looking to get a meeting or have some sort of contact with them, so in fact as weve seen, theres a greater focus on institutional behaviour through the Codes of Conduct onduct but also this is really a key point.
Facebook page or their websites websites, so the assumption needs to be that your contact with the EU institutions are never private and you sh should conduct them in a way that you would be comfortable knowing that others find out about them them, what you are saying and the positions that you are representing.
Question: what are the differences between lobbying in Brussels and lobbying in other EU capitals like also in Strasbourg but also in a given Member States government?
Let me first do something on una unabashedly commercial here and make a plug for our lobbying survey. Some of you may know that Burson-Marsteller has regularly done a lobbying survey the past few years. I think weve done four more already w where here we do polling of EU officials and politicians inside institutions and get the views on all of us and the lobbyists lobbyists, and what makes the good lobbying, bad lobbying lobbying, and that kind of thing: we are renewing that survey.
The last survey was published in 2009 and the 2013 edition will ill be launched in early June if my nd memory serves well, about the 2 of June. We will have some new data to look at, but what is fair to say is that the nature of lobbying is different in differen different t countries, in different d Member States. It reflects, I think, , cultural differences and in some places the word lobbying lobbying itself is a hang-up for a lot of people, while the word lobbying maybe viewed as a positive or negative thing in a number of places. The he practice of what we all understand to be lobbying is really common across EU Member States tates, in terms of the recognition of the need of the stakeholders to talk to elected politicians and officials about different policies. There are clearly things thi that work better in some e Member States and worse in other Member S States. The debate about lobbying regulation is increasing all over Europe. I think that is generally a good thing. I think it helps all of us to conduct an open and transparent dialogue dialogu with EU institutions if the framework for that is clearly defined in law and is allowed and is understood what good, open dialogue is, cause it is helpful also to make sure that the corrupt and inappropriate forms of dialogue are not allowed. Thats a ver very y important point. Anybody who is involved in lobbying, whether you are from business, NGOs or whatever, it is important that what we do is done in a professional professional, transparent way and it is respected and has a framework of law - something I believe in per personally. But I do think also that good lobbying practice reflects different cultures. Any good lobbyist will wi understand not only the policy he or she is lobbying on but the protocol procedures p and processes of the Member States, tates, the politics, the politic political al environment in which your issue is just one thing happening and of course the personality of the people you are trying to talk to. And I think they are very different in di different Member States, and more varying in other countries, and so its important to really understand not just the nuts and bolts of the issue but the sort of advocacy or context in which it is being considered in different places.
Question: If you could discuss shortly the role of media and pr press ess in lobbying in i an EU context?
I think the media plays a very important role in Europe and the discussion of European issues. Many of the issues that policy makers care about are discussed in the media and debated in various media, and so its normal if your set of inter interest, est, a position in one of those issues, you might like to see your position reflected in the media coverage for that issue issue. . You Yo will see all the time stories are written and they talk about the position in different groups and different sets of interest, so I think that effective media relations is a very important part of good lobbying. In fact, when we tend to talk about effective engagement wit with h the EU institutions, the face-toface face meeting or the direct meeting with politicians and officials, it is jus just t one very small part of it. You would also want to worry worry about how you deal with other stakeholders, or building bigger coalitions is often important becau because se in a complex Europe with 27 Member States, S its very hard to carry the day just by yourself.
The he media relations point and other dialogue with experts and getting expert opinion are vital. So effective lobbying involves many different components components, and media relations would certainly be an important one of those. I would like to just simply wrap up and thank you very much for everybodys participation. participation
Q: What will happen if MEPs dont follow the rules? A: The link above addresses the issue of sanctions. Q: Is this list (who MEPs meet with) publicly available, if not, do you think it should be? If yes, where we can we find it? A: It is currently not required of MEPs. Some MEPs, or delegations, do so voluntarily and this information is usually shared on their respective websites. Q: Thank you for answering my question. Follow up: indeed many MEPs do declare who they meet with, but it seems that they are always a couple of the same MEPs, the same bad apples who dont comply? A: I have not analysed carefully who does this and who does not. It is important to note, however, that some MEPs who do not share such information would not necessarily consider themselves bad apples. Q: How do you think the transparency can be further improved, Mr. Mack? A: For me, the biggest problem with the current register is that it is not mandatory for all and there is significant under-participation by certain categories of lobbyists (the lawyers are often cited in this respect). It is the position of Burson-Marsteller and my view that the register should be mandatory and applied equally to all lobbyists whether consultancies, NGOs, lawyers, associations or anything else. Lobbying is an activity and anyone who does it is a lobbyist. It is also not yet systematically enforced and there is a wide variation in the quality of information provided in the register. This should not be the case. Q: What is the grade of appreciation of transparency rules inside lobbying organizations? A: I am not sure I understand this question, but I can state that I regularly advise clients that they should be aware of the transparency rules and it seems that awareness of these rules is growing. I think established lobbyists in Brussels are well aware of the rules. Q: What about non-registration of law firms that offer lobby services? A: As stated above, it is the position of Burson-Marsteller and my view that the register should be mandatory and applied equally to all lobbyists whether consultancies, NGOs, lawyers, associations or anything else. Lobbying is an activity and anyone who does it is a lobbyist. Q: Are there any specific Codes of Conduct? (except those for Commissioners or MEP) which apply to other EU officials? A: As presented, there are the Guidelines on Gifts and Hospitality and the relevant provisions of the Staff Regulation of Officials of the European Communities. Q: These conditions apply to lobbyists. What about meetings with national regulators and governments, is there an exception for officials to declare these meetings? A: Meetings with national regulators and governments are for the moment subject to the laws and codes of individual member states. It is fair to say that this issue is being discussed and debated in many member states at the moment. Q: Aggregating multiple interests has always been a problem for lobbying success. Many people think they know how to lobby even though they have never studied or experienced it. How would you
advise to create a space for the need for a professional lobbyist and especially show how complementary it is to the actual content of the interest it aims to represent? A: I am not sure that I understand your question. That said, I think that ethical, transparent lobbying is an important part of the democratic process. I wrote in a book on EU lobbying published in 2011 that the EU institutions have become more sophisticated in their dialogue with interested stakeholders. In 2011 there is genuine recognition that stakeholder dialogue is an essential component of policy development and following the entry into force of the Lisbon Treaty, it is even recognised as a democratic principle in Article 11 of the Treaty on European Union, which states that the institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action. In other words, good balanced policies cannot be developed without input from interested stakeholders. Q: Can you give us some examples of active, successful lobbyists groups/lobbyist leaders? A: I am not sure where to start. There are a wide range of groups, representing a wide range of interests, who are effective. I would be happy to answer specific questions via direct dialogue. Q: Should people lobbying member-state governments only about EU policy also register on joint register? A: It is not required by the current system, which only applies to the Commission and the Parliament. Discussions are underway with the Council about it joining the register but, even so, it is likely that lobbying member state governments will be subject first and foremost to the relevant national laws, no matter what the subject of that lobbying. Q: What about the system of sanctions for breach of the rules of conduct? A: Non-compliance with the code of conduct may lead, following an investigation to such measures as suspension or removal from the register and, if applicable, withdrawal of EP access. A decision to apply such measures may be published on the register's website. Anyone may lodge a complaint, substantiated by material facts. For further information see: http://europa.eu/transparencyregister/complaints/complaint-mechanism/index_en.htm. All views expressed are the personal views of Robert Mack unless otherwise noted above.