charles milne & company inc. government relations consulting for the agri-food sector 8630 Loyalist Parkway R.R. # 1 Bath, Ontario, Canada K0H 1G0 Tel: 613-373-9764 Cell: 613-483-3668 Fax: 613-373-2807 charles@tarryhall.net QUESTIONS FOR DISCUSSION Lobbyists' Code of Conduct 1. What should be the objectives of a lobbyists' code of conduct? Providing transparency as to who is having dialogue with senior government policy makers. Providing criteria to legitimize those who seek to have dialogue with senior government officials. Providing a means of confirmation and acknowledgement that the government has received input from parties who have interest government policies. Establish the parameters for how, when and where those seeking to dialogue with senior government policy makers can do so. 2. Which interactions should the code of conduct regulate other than those between a lobbyist and a public office holder? Should communications between lobbyists and clients be regulated? Between clients and public office holders? None beyond face to face meetings that were requested by the lobbyist. Meetings at the request of the public office holder should NOT be subject to regulation. Regulation of communication between a lobbyist and a client would be totally inappropriate!! Regulation of communication between a client and a public office holder is unnecessary as it is already assumed that such
communication is already subject to access to information, so any further regulation would be redundant and a further impediment to constructive collaboration between the government and those it governs. 3. Does the current Lobbyists' Code of Conduct need more clarity? NO!! 4. What are the top 10 rules you would like to see in a code of conduct? 10 rules!!???? What are you trying to do here by adding rules and implying that 10 rules would be reasonable?? Moses only had 10 commandments and most people have trouble remembering all of those!! Let s put all this in some reasonable perspective!! More rules will only make the professional lobbying business more exclusive; triggering firms to raise fees to clients because it will be perceived that approaching government is even more challenging than it already is. Those who conduct themselves inappropriately under the existing rules typically get caught out as your recent convictions would indicate. This this about providing orderly access to government or increasing the Commissioner s conviction record? Have only 3 rules: o Success payments to lobbyists are illegal and are punishable by severe penalties to the lobbyist and the client. o No exemptions from registration, the Canadian justice system has plenty of latitude for dealing with those who can t behave or follow the rules of society. Forget percentages of time lobbying - keep it simple if you request and are granted a meeting you must be registered to move forward and actually meet. o No cooling off periods imposed upon those previously designated office holders the existing registry is there for all to read should they wish to take the time to do so the system in large measure is self-
regulating if former office holders are found to be lobbying their former colleagues, let the court of public opinion determine their destiny. If what these folks are doing offends the public or the government or the opposition parties, the public exposure will impose significant limitations upon the attractiveness of utilizing such individuals, and their lobbying business potential declines accordingly. Nobody wants to stand close to trained goods in these days of being overly politically correct. 5. The current Lobbyists' Code of Conduct includes a Preamble, Principles and Rules. Should the format change? Yes! Shorten it!! Use more laymen s language. 6. Codes of conduct from other jurisdictions and professional associations include sections such as an introduction, preamble, purpose, objectives, application, principles, rules, definitions, conclusion, sanctions, etc. What would you like to include in a code of conduct? Drop much of the verbiage, highlight the penalties!! Monthly publishing of the names those and their clients who have been found to be in violation and subsequently penalized. 7. Should a code of conduct apply to both lobbyists and clients? Yes! Frequently clients do not understand or chose to ignore that success pay is not allowed for lobbyists. 8. Is the sanction for breaches of the Lobbyists' Code of Conduct well understood and communicated? For most lobbyists, yes. For many clients, no! 9. Is it well understood that failure to comply with the Act may also result in a breach of the Lobbyists' Code of Conduct? For most lobbyists, yes. For many clients, no!
10.Should the client have an obligation to ensure the lobbyist they hire complies with the Lobbyists' Code of Conduct? Clients and lobbyists should be equally bound, BUT client / lobbyist communication should not become regulated. Further thoughts overall: While I appreciate being asked to comment on these matters, and I totally understand and support why there is a lobbyist registry, I am struck by the apparent tone, inferences and direction of this consultation. I am left with the strong impression that the Commissioner and/or the Office of the Commissioner perceive that lobbying must be suppressed, which in my view, flies in the face of democracy. Certainly government should not be badgered by interests who are chronic time-wasters intent upon overwhelming government resources and impeding the work of government, however there needs to be provisions to facilitate free flowing communication which can foster potential collaboration between the government and the interests of the public. Hopefully the sense that I m getting from the nature of the questions in this consultation is incorrect and that there is not an intent or desire to reduce and minimize interfaces between those who wish to express opinion to or share information with the government, as such a premise undermines any expectation of openness and accessibility inherent in the essence of democracy. I believe that as part of this consultation the Commissioner must also look at the potential impacts (likely unintended) on the other side of the lobbying equation. Perhaps less so with the elected politicians than with the public servants, as there are those public servants who opt to interpret lobbyists registration as the precautionary principle and rather than engaging with those who wish to share information and have dialogue, the public servant declines on the basis that the individual requesting to meet is a registered lobbyist. As it seems there is a view by some designated officials and also by some public servants who are NOT designated, that meeting with a registered lobbyist creates an undesired posting of some of their activities (i.e. having a meeting with somebody outside of government) and raises the spectre of having to undertake more administrative process because of such a meeting. Sadly in some circles meeting with a registered lobbyist is dreaded and avoided as much as an access to information request, essentially a burdensome activity that detracts from what is believed to be their real work.
Additionally, there are some public servants who are unsure if they are actually designated or if the nature of a particular meeting constitutes a reportable event under lobbyist registration. Such lack of understanding places the lobbyist in an awkward position and personally I have had the experience more than once of dutifully reporting a meeting to the lobbyist registry only to be chastised subsequently by the public servant I met with that reporting the meeting was unnecessary and that it would be appreciated that I not report meetings with that individual in the future. Needless to say, such situations create considerable uneasiness because as a registered lobbyist one wishes to remain compliant with lobbyist registration, however as a lobbyist one also wishes to avoid eroding rapport with the public servant. Compliance works both ways, thus the Lobbyist Registry must not place the entire burden for compliance only on the lobbyist, the public service must not be permitted to claim ignorance of the registration system, let alone any codes of conduct. Charles Milne November 26/ 2013