By James Bradshaw
Lobbying often has a bad name.
Its critics are quick to associate lobbying with shady connections between vested interests and politicians.
Some like to hark back to an earlier age where lobbying was less common, but in truth there is nothing new about this activity.
The Constitution of the United States was drawn up in 1787, and has influenced the constitutions of fledgling democracies all across the world.
Of particular importance was the First Amendment, which guaranteed the rights of Americans to believe what they wanted and to say what they believed.
It went somewhat further than that though.
“Congress shall make no law,” the framers wrote, ”respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Many people forget this part, but it turned out to be no less consequential than any other freedom, as people have a right to express their dissatisfaction with government policy.
Given America’s reputation as one of the earliest adopters of electoral democracy, it is no surprise that Washington DC’s ‘K Street’ is well-known for its concentration of public affairs specialists engaged in lobbying.
Similar industries exist in Brussels, London, Dublin and anywhere else in the world where important decisions are made by policymakers.
The Standards in Public Office Commission’s Lobbying.ie website is a valuable resource for learning about how this works in an Irish context, and their guidelines make abundantly clear the important role which lobbying plays in Irish democracy.
“Lobbying is an essential part of a healthy democracy,” the ethics watchdog states. “Communication and engagement between government and citizens helps build a country that works for everyone.”
These are critical points.
Widespread engagement and participation are vital to the long-term success of any democracy.
The most vital part of political participation is voting. But though years pass by between national elections, politics does not stop, and neither should our interest in the political process cease.
Given the busy lives we lead, it is not always possible for even the most civically engaged person or group to do this, however, and that is why people come together with the aim of ensuring that legislators are aware of their concerns.
Charities lobby the Government on behalf of their service users or in support of the causes they promote. Trade unions lobby on behalf of workers. Businesses lobby on behalf of all those with a stake in their success.
A full-time farmer, for example, may not have the time to contact all of his or her MEPs to discuss upcoming negotiations on the Common Agricultural Policy.
However, farming organisations such as the IFA or ICMSA keep a watching brief on relevant issues and lobby politicians, and by being a member of a representative organisation, that farmer can exert influence on a crucial political debate.
Sometimes, any or all of these groups contract the services of experienced public affairs companies, who know how to present their views and understand the legislative process.
This does not just help those who are lobbying; it is beneficial to those being lobbied as well.
As our society and our economy has grown ever more advanced and complex, policymakers and public servants face increasing challenges in crafting laws on topics as diverse as taxation, digital technology and international trade.
Far from obstructing or slowing the policy-making process, an effective and open lobbying process can be of great benefit to those making important decisions.
Openness is key to ensuring that problems do not emerge, and the opaque nature of lobbying in previous decades in Ireland led to a diminished trust in politics.
To combat this problem, the 2015 Regulation of Lobbying Act was introduced in order to lay out clear guidelines for how lobbying in Ireland should take place.
A three-step test was established to determine whether people are lobbying: a test which looks at who you are, what you are communicating and who you are communicating with.
Lobbyists have to report interactions they have had with Designated Public Officials, and the records can be viewed by any member of the public on the Lobbying.ie website: additionally, serious fines are in place for those who fail to register their lobbying activities accurately.
The new system has ushered in a new era in Irish lobbying: one where the country is now held up as an example for other European states to follow.
Ensuring that everyone acts transparently and plays by the same rules helps to assuage concerns.
It also helps to maintain a system where everyone gets to have their say, not just on election day, but on every other day as well.
