TIGHTENING RELATIONS BETWEEN MPs AND LOBBYISTS

While much attention is devoted to lobbyists in terms of registration, disclosures etc., it is equally important to consider minimum standards and rules governing the relations between MPs and lobbyists. Such standards should be established that govern access, expected standards in relation of acceptance of hospitality, gifts and benefits; standards governing participation in events; rules prohibiting paid advocacy. Here below are proposed standards that should be considered:

1. Standards governing Access

A member should not, in relation to contact with any person or organisation who lobbies, act in any way which could bring discredit to the Parliament. The public must be assured that no person or organisation will gain a better access to, or treatment by, any member as a result of employing a commercial lobbyist either as a representative or to provide strategic advice. In particular, a member should not offer or accord preferential access or treatment to commercial lobbyists or they employers. Nor should commercial lobbyists or their employers be given to understand that preferential access or treatment might be forthcoming from another MP or group or person within or connected with the Parliament.

Before taking any action as a result of being lobbied, a member should be satisfied about the identity of the person or organisation who is lobbying and the motive for lobbying. A member may choose to act in response to a commercial lobbyist, but it is important that an MP knows the basis on which the member is being lobbied in order to ensure that any action the member takes complies with the standards set out in the Code of Conduct.

In addition, member should:

  • consider whether a meeting with one group which is making representations on an issue should be balanced by offering another group with different views an opportunity to make representations;
  • consider keeping a record of all contacts with lobbyists;
  • consider arranging for an assistant or researcher to take notes at any meetings with lobbyists.

2. Standards expected in relation to acceptance of hospitality, gifts and benefits:

  • Member should not accept any paid work which would involve them lobbying on behalf of any person or organization or any client of a person or organizations;
  • Member should not accept any paid work to provide services as a Parliamentary strategist, adviser or consultant, for example, advising on Parliamentary affairs or on how to influence the Parliament and its members.This does not prohibit a member from being remunerated for activity, which may arise because of, or relate to, membership of the Parliament, such as journalism or broadcasting, involving political comment or involvement in representative or presentational work, such as participation in delegations, conferences or other events;
  • Member should decline all but the most insignificant or incidental hospitality, benefit or gift if the member is aware that it is offered by a commercial lobbyist. A member should not accept any offer that might reasonably be thought to influence the member's judgement in carrrying out Parliamentary duties. Since the basis on which many people believe that commercial lobbyists sell their services is by claiming to provide clients with influence over decision-makers, it might reasonably be thought that acceptance of a benefit of any significance from such source could influence a member's judgement in carrying out Parliamentary duties. (If a member only becomes aware of its source after receiving hospitality, a benefit or gift, then the member should consider reimbursing the costs of any hospitality or benefit or returning any gift.

3. Participation in Events

Members may participate in events for which others are charged a fee to attend. Participation, for example, in a conference or seminar for which delegates are charged a fee may be a useful means of a member gathering a range of views on a topics. There could be some concern, however, that events falling into this category could be means of "buying" access to MPs. It is important that there should be no grounds for such a perception. No preferential treatment should, therefore, be offered or accorded any person, organization as a result of having made initial contact with as member at such an event. Members may participate in events unless they are aware, or become aware, that the organizers are promoting the event on the basis that those paying to attend the event are "buying" influence over MPs or that they can expect to receive better subsequent access to, or treatment by MPs, than would be accorded to any other person or organization. Members should exercise their judgement in deciding whether it is appropriate to participate in an event.

Members should ensure that staff working for them are aware of and apply the rules.

4. Prohibition of Paid Advocacy

A member should not by any means, in consideration of any payment or benefit in kind advocate or initiate any cause or matter of any person or urge any other member to advocate or initiate any cause or matter on behalf of any matter. Any means is construed as the doing of anything by a member in the capacity of a member, whether or not in any proceedings of the Parliament. Any payment or benefit in kind means any payment or benefit in kind

  • which the member receives and which may reasonably be considered after taking into account all the circumstances, to result in some benefit to that member, other than a vote for that member in any election to the Parliament; or
  • which the member's spouse, civil partner or cohabitant receives and which may reasonably be considered, after taking into account all the circumstances, to be provided in connection with the Parliamentary duties of the member and to result in some benefit to a member.

A member does not “advocate or initiate any cause or matter” simply by sitting and listening to a debate. However, a member may contravene the paid advocacy rule in any of the following situations if the action described is done for payment and, in taking the action, the member advocates or initiates a cause or matter on behalf of another person:

  • initiating, contributing to or intervening in any debate;
  • voting;
  • lodging notice of a proposal for a Bill or introducing a Bill;
  • lodging or asking a parliamentary question;
  • lodging notice of or moving a motion;
  • lodging notice of or moving an amendment to a Bill;
  • proposing a draft report, or moving an amendment to a draft report in a committee;
  • supporting a motion or a Bill or proposal for a Bill or a motion;
  • lodge or supporting an amendment to a Bill or a motion.

Failures to comply

Failures to comply with or contravention of the rules in relation to contacts with any person or organization who seeks to lobby a member may constitute a breach of the requirements, may constitute a criminal offence, and/or could lead to sanctions imposed on a member by the Parliament. In addition, behaviour by an MP which falls short of the established standards could lead to penalties being imposed on a member by the Parliament.

 

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