ALTER-EU media advisory on the launch of the ETI Green Paper

The European Transparency Initiative was launched in March 2005 in a speech made by EU Commissioner Siim Kallas in Nottingham. This started a debate over ethics of Commission public officials and transparency standards for the estimated 15,000 lobbyists in Brussels, the majority of which represent private, commercial interests. In November 2005, the Commission issued a Communication on the issue, announcing the Green Paper.

When Commissioner Kallas originally set out the aims of the ETI [1], he highlighted the need to “increase public trust” and “protect public officials from themselves”. On lobbyists, he said: “people are allowed to know who they are, what they do and what they stand for.” He criticised self-regulation by lobbyists: “Registers provided by lobbyists’ organisations in the EU are voluntary and incomprehensive and do not provide much information on the specific interests represented or how it is financed. Self imposed codes of conduct have few signatories and have so far lacked serious sanctions.” His conclusion: “Lobbyists can have considerable influence on legislation, in particular on proposals of a technical nature… But their transparency is too deficient in comparison to the impact of their activities.” Who has been saying what?

Business lobbyists: Most business lobbyists are opposed to disclosing verifiable financial information on their lobbying activities. Instead, they propose a joint set of voluntary ethics rules replicating existing codes of conducts, which they hope will be approved by the Commission with incentives to encourage more adherents.

Civil Society: 140 civil society groups along with academics and the European Federation of Journalists (IFJ) united in the Alliance for Lobbying Transparency and Ethics Regulation (ALTER-EU), argue that the public interest will only be served if the Commission introduces an improved code of conduct for Commission officials, if it enacts legislation requiring EU lobbying disclosure, and if it seeks to redress the privileged access and undue influence granted to corporate lobbyists.

They have argued that voluntary codes risk giving a semblance of transparency without providing meaningful information, and emphasised the importance of the Commission taking a lead role to guarantee public access to information about lobbying in order for there to be democratic scrutiny. What is at stake?

“Secret government erodes the legitimacy of the European Union; the lack of information opens the dirty tricks department of ‘make believe’ spin.”

Siim Kallas, March 2005

The Green Paper will be the first real test of whether the Commission, in launching a public debate, is ready to propose ways to prevent conflicts of interest for its officials, and to take on the powerful business lobby by demanding transparency. Key tests for the Green Paper I. The Role of the Commission

Keeping its own house in order One of the key issues around lobbying transparency concerns the many obscure and cosy relationships that exist between the Commission and the world of corporate lobbying:

- How will the Green Paper tackle the practice of ‘revolving doors’ between Commissioners or Commission officials and lucrative lobbying jobs? Are these types of relationships acknowledged as problematic? What steps are envisaged to tackle such conflict of interests?

- How will the Green paper address the current privileged access granted to corporate lobbyists? Will it challenge the access and influence of bodies such as the European Services Forum and the Trans-Atlantic Business Dialogue?

- Showing leadership and responsibility for transparency and ethics in lobbying.

A key indicator of the Commission’s intention to overcoming the current secrecy surrounding EU lobbying will be how it defines its own role in overseeing lobbying transparency.

1. What responsibilities for financial transparency in lobbying will the Commission take upon itself?
2. Will the Commission aim to establish an independent public office with the power to oversee lobbying transparency? Or will it let NGOs and corporate lobbyists fight it out amongst themselves, keeping its hands ‘clean’?

Transparency or Opacity: The Quality of Information to be Made Available

“A mandatory system for lobbying disclosure is urgently needed and must be shaped in a way that optimally enables democratic scrutiny of inputs into EU policy-making.” ALTER-EU founding statement

The quality, type and comprehensiveness of information that the Green Paper envisages making available to the public is a key test of whether the Commission is serious about using the ETI to open up EU decision-making.

1. What mechanism will be used to ensure that any register of lobbyists is comprehensive? Will it be mandatory (ie, legally enforced)? Will any incentives and disincentives be meaningful and effective? Or will those who wish to avoid registering be allowed to stay in the shadows at little cost to their activities?
2. Will information demanded of lobbyists include, for instance, figures for lobbying expenditure linked to policy areas? Will it be able to demonstrate the scale of lobbying efforts on a particular issue and aggregate figures? Would the public be given answers to a question such as: How much has the chemicals industry spent fighting REACH?
3. Will the content of communications and meetings between lobbyists and EU public officials be made publicly available?

Notes:

1. Siim Kallas, “The need for a European transparency initiative”, Speech at the European Foundation for Management, Nottingham Business School, Nottingham, 3 March 2005.