What is lobbying and who is a lobbyist? Lobbying is broadly described as attempts to influence the decisions of the government. According to Encyclopædia Britannica,the term comes from the fact that attempts to put pressure on legislators in Britain often took place in the vestibule,or lobby,adjacent to the legislative chamber. It says,the activity is most commonly associated with private interest groups,such as the representatives of corporations or labour unions,but it may also be carried out by individuals. Legislators themselves,when they try to influence the making of public policy by other officials,are lobbyists. A lobbyist is a person who is working for an employer to persuade legislators to vote for legislation that favours the lobbyists employer. Usually,people who are lawyers,retired bureaucrats,chartered accountants,and those in the corporate communications business work as lobbyists. What are the laws on lobbying in India? There are no regulations on lobbying in India,so far,but it is not illegal either. Lobbying is a well-established industry though it operates in a largely opaque environment. There have been demands from the lobbying industry and also,outsiders to spell out clear laws determining dos and donts for the practioners,but it hasnt happened so far. Dilip Cherian,founder of a public relations agency,Perfect Relations,and also a well known lobbyist,says that lobbying is an iterative process and lobbyists function as a bridge between companies and the government. We help our clients in understanding the policy environment of the country. We help them in identifying key players and their positions in the policy area. The key players could be political parties,bureaucrats,Central government,panchayat government etc. We advise companies on the communication to present their point of view to these key people, he says. He,however,agrees that there is no transparency in the industry so far. Which are the big lobby groups in India? Industry bodies such as Federation of Indian Chambers of Commerce and Industry (FICCI),Confederation of Indian Industry (CII),National Association of Software and Services Companies are among the top lobby groups. The FICCI,however,maintains that it is not a lobby group and has only been working as an influence to engage with the government on the policy issues. CII president Hari S Bhartia has also maintained a similar stand on the issue: We are not lobbyists,we are advocates. (We) help build policy framework and perform advocacy work, he had said earlier this year. There are several other private lobbying firms such as Vaishnavi Corporate Communications owned by Niira Radia,DTA Associates managed by Deepak Talwar. These firms represent top private companies and lobby for them with policy makers. There are some individual lobbyists such as Tony Jesudasan,who represents the Anil Dhirubhai Ambani Group and Suhel Seth of Counselage. What is the governments take on lobbying? The Planning Commission has set up an expert group to look into the processes that comprise lobbying. Arun Maira,member of Planning Commission,said,We will be considering various interests of all the stakeholders involved. This expert group comprises industries and government secretaries. There is an ongoing dialogue with the industry associations for their views. We want lobbying to be transparent and representative. We are looking at best benchmarks for processes of lobbying in other countries. However,this is a very large issue and the final solution is far down the road. Lobbying laws US: The US has statutory rules and regulations for lobbyists. Lobbying is legal in the US and is governed by the Lobbying Disclosure Act of 1995 which defines and requires professional lobbyists to register with the Clerk of the House and the Secretary of the Senate. Lobbyists are required to present a detailed report of their activities in the US Congress and other state legislatures,including whom they met and how many times,once every six months. The US Congress introduced another law in 2007,named the Honest Leadership and Open Government Act,which was a comprehensive ethics and lobbying reform Bill. In January 2009,President Barack Obama signed two executive orders which rein in the influence of lobbyists at Capitol Hill. It even banned lobbyists from giving gifts to the lawmakers. Lobbyists cannot even pay for meals. Any lawmaker or lobbyist found to be in violation of the Lobbying Disclosure Act can face a fine of up to $200,000 and/or a jail term of up to five years. UK: The UK does not have any specific rules and regulations concerning lobbyists and their activities. There is no register of lobbyists in the British system. Since 1994 there have been various complaints by MPs about unacceptable lobbying and a number of police investigations. The parliamentary report,Lobbying: Access and Influence in Whitehall,produced early in 2009 concluded that there was very little regulation of any substance and recommended that a statutory register of lobbying activity be established,similar to the one required in the US. The Code of Conduct for the MPs was prepared and passed by the House in 1996. The panel found it impossible to arrive at a satisfactory definition of lobbyist and instead recommended a greater degree of disclosure by the MPs of all outside sources of income and remuneration. European Union: The fragmented nature of EU institutional structure provides multiple channels through which organised interests may seek to influence policy-making. Lobbying takes place at the European level itself and within the existing national states. The most important institutional targets are the Commission,the Council,and the European parliament. The European Commission has mainly sought to encourage self regulation. The Commission looks into interest groups and provides them with specialised information. Germany: There are rules and regulations governing the activity of lobbyists in the German system. The Bundestag is the only House of Parliament in the EU which requires all lobby groups and organisations to register themselves. RAHUL NANDAN
