PUBLIC CONSULTATION ON A PROPOSAL FOR A MANDATORY TRANSPARENCY REGISTER (KEY QUESTIONS ASKED)

The European Commission seeks the views of all interested parties on the performance of the current Transparency Register for organisations and self-employed individuals engaged in EU policy-making and policy implementation and on its future evolution towards a mandatory scheme covering the European Parliament, the Council of the EU and the European Commission.

PART A

1. Transparency and the EU

1.1 The EU institutions interact with a wide range of groups and organisations representing specific interests. This is a legitimate and necessary part of the decision-making process to make sure that EU policies reflect the interests of citizens, businesses and other stakeholders. The decision-making process must be transparent to allow for proper scrutiny and to ensure that the Union's institutions are accountable.

1. Do you agree that ethical and transparent lobbying helps policy development?
2. It is often said that achieving appropriate lobbying regulation is not just about transparency, i.e. shedding light on the way in which lobbyists and policy-makers are operating. Which of the below other principles do you also consider important for achieving a sound framework for relations with interest representatives? e.g. Integrity, Equality of Access ?
3. In your opinion, how transparent are the European institutions as public institutions?

1.2 The Transparency Register provides information to politicians and public officials about those who approach them with a view to influencing the decision-making and policy formulation and implementation process. The Register also allows for public scrutiny; giving citizens and other interest groups the possibility to track the activities and potential influence of lobbyists. Do you consider the Transparency Register a useful tool for regulating lobbying?

2. Scope of the Register

2.1 Activities covered by the Register include lobbying, interest representation and advocacy. It covers all activities carried out to influence - directly or indirectly - policymaking, policy implementation and decision-making in the European Parliament and the European Commission, no matter where they are carried out or which channel or method of communication is used. Is this definition appropriate ?

2.2 The Register does not apply to certain entities, for example, churches and religious communities, political parties, Member States' government services, third countries' governments, international intergovernmental organisations and their diplomatic missions. Regional public authorities and their representative offices do not have to register but can register if they wish to do so. On the other hand, the Register applies to local, municipal authorities and cities as well as to associations and networks created to represent them. Which entities should be included or excluded?

3. Register Website

3.1 What is your impression of the Register website in terms of

1. Design and structure
2. Availability of information / documents
3. Ease of search function
4. Accessibility (e.g. features for visually impaired persons, ease of reading page)
5. Access via mobile devices

 Part B ?

1. Structure of the Register

1.1 The Register invites organisations to sign up under a particular section, for example, professional consultancies, NGOs, trade associations, etc . Have you encountered any difficulties with this categorisation

2. Data disclosure and quality

2.1 Entities joining the Register are asked to provide certain information (contact details, goals and remit of the organisation, legislative dossiers followed, fields of interest, membership, financial data, etc) in order to identify the profile, the capacity of the entity and the interest represented. Is the right type of information required from the registrant ?

2.2 Is it easy  to provide the information required ?

2.3 Do you see any room for simplification as regards the data disclosure requirements?

2.4. What is your overall impression of the data quality in the Register

3. Code of Conduct and Procedure for Alerts and Complaints

3.1 The Code of Conduct sets out the rules for all those who register and establishes the underlying principles for standards of behaviour in all relations with the EU institutions. Is the Code  based on a sound set of rules and principles ?

 3.2 Anyone may trigger an alert or make a complaint about possible breaches of the Code of Conduct. Alerts concern factual errors and complaints relate to more serious breaches of behavioural nature

a) Is the present procedure for dealing with alerts and complaints adequate ?

b) Do you think that the names of organisations that are suspended under the alerts and complaints should be made public?

4. Register website – registration and updating

4.1 How user-friendly is in your opinion the Register  website in relation to registration and updating?

• Registration process
• Updating process (annual & partial)

5. Current advantages linked to registration

5.1 The European Parliament and the European Commission currently offer certain practical advantages (incentives) linked to being on the Register. The Commission has also announced its intention to soon amend its rules on Expert groups to link membership to registration. Which of these advantages are important to you?

In the European Parliament (EP)

• Access to Parliament buildings: long-term access passes to the EP's premises are only issued to individuals representing, or working for registered organisations
• Committee public hearings: guests invited to speak at a hearing need to be registered
• Patronage: Parliament does not grant its patronage to relevant organisations that are not registered

In the European Commission

• Meetings: organisations or self-employed individuals engaged in relevant activities must be registered in order to hold meetings with Commissioners, Cabinet members and Directors-General Public consultations: the Commission sends automatic alerts to registered entities about consultations in areas of interest indicated by them; it differentiates between registered and non-registered entities when publishing the results
• Patronage: Commissioners do not grant their patronage to relevant organisations that are not registered
• Mailing lists: organisations featuring on any mailing lists set up to alert them about certain Commission activities are asked to register
• Expert groups: registration in the Transparency Register is required in order for members to be appointed (refers to organisations and individuals appointed to represent a common interest shared by stakeholders in a particular policy area)

6. Features of a future mandatory system

6.1 Do you believe that there are further interactions between the EU institutions and interest groups that could be made conditional upon prior registration (e. g. access to MEPs and EU officials, events, premises, or featuring on specific mailing lists)?

6.2 Do you agree with the Commission's view that the Council of the EU should participate in the new Interinstitutional Agreement on a mandatory Register?

 7. Looking beyond Brussels

7.1 How does the Transparency Register compare overall to 'lobby registers' at the EU Member State level? Better? Worse? Neither better, nor worse

Should Good practices or lessons learned at the EU Member State level be considered, or pitfalls be avoided.

Comments about the Questionnaire

While the Public Consultation's purpose is to gather information towards a Mandatory EU Transparency Register, the questionnaire does not address several key aspects that are considered most important in the design of a mandatory system.   

OVERSIGHT, MANAGEMENT AND SANCTIONS

1.Management & Investigation: An independent, mandated and well-resourced oversight body or coordinated mechanism should be charged with:

a. managing lobbying registration

b. reviewing potential conflicts of interest

c. collating and disseminating the locations of proactively disclosed information

d. monitoring compliance (including pro-active verification and spot-audits of reports)

 e. following up on complaints

f. investigating apparent breaches and anomalies

g. consulting on and defining further regulatory provisions where there is a mandate

2. Advice, analysis and awareness raising : this body or mechanism should also offer guidance and training to lobbyists and public officials on the application of relevant laws, analyse trends and report on their findings, raise awareness among the public and the profession on recent developments; and promote best practice in the sector.

3. Complaint mechanism – there should be a well-publicised complaint mechanism that allows anyone to report violations either openly, confidentially or anonymously and to be informed on the specific outcome of the complaint, subject to any privacy limitations.

 4. Sanctions – lobbyists and public officials should be subject to effective, proportionate and dissuasive sanctions for the violation of lobbying rules. These sanctions should have a sliding scale, including the threat of criminal sanctions, (temporary) de-registration, and disciplinary proceedings for public officials. Those sanctioned may have their name and employer information published. Public sector contracts concluded in violation of essential regulations could be deemed null and void where appropriate. Personal liability should attach to the leadership of organisations where they are found to have consented to or connived in the commission of the offence.

MANDATORY FRAMEWORK DESIGN

The mandatory scheme should take into account should address the particularities of the EU context, including any socio-political considerations; the degree of informal and professional lobbying; and the nature of public concerns that potentially give rise to the establishment of a Mandatory Register. The design of a mandatory framework calls for consideration of such laws and policies as: 

a. trading in influence, bribery and other corrupt conduct

b. public procurement and state benefits (due process and supervision mechanisms)

d. media law (independence and sponsorship)

 e. labour law (collective bargaining)

f. whistle-blower protection

g. legislative procedure (including bringing of items under urgency)

h. judicial and administrative review i. rights to freedom of speech, assembly and petition of government

Last not least Registration of Lobbyists/Interest Representatives should call for 'Minimum Professional Qualifications' as determined by the industry.