Lobbying – the concept
The concept of lobbying in Europe originated in 1215 AD, when King John of England gave the barons the right to petition him to protest any violation of their new rights under the Magna Carta.[1] This right “to petition the government for a redress of grievances” is also the current basis of lobbying in the United States, where lobbying became common practice in the 1830’s.[2] Thus, it can be said that lobbying is originally an Anglo-Saxon concept, based on the right to be heard.
From a Political Science point of view, there are essentially two theoretical approaches to lobbying.[3] The first is based on the group theory of politics: a society that does not have autocratic decision-makers must use a group process to make political decisions. This will include citizens organised into groups to influence decision-makers.
The second approach considers lobbying as an “aspect of the legislative process”.
The European Commission[4] for example, has chosen this second approach and defines as lobbying “all activities carried out with the objective of influencing the policy formulation and decision-making processes of the European institutions.” The Commission also believes that[5] “lobbying is a legitimate part of the democratic system, regardless of whether it is carried out by individual citizens or companies, civil society organisations and other interest groups or firms working on behalf of third parties (public affairs professionals, think-tanks and lawyers).”
In Brussels, all those involved in EU policy-making lobby each other: Commission staff lobby their service and colleagues to obtain support for specific projects, Commissioners lobby each other to exchange support for draft proposals, Members of the European Parliament (MEPs) lobby each other to negotiate amendments, lobbyists lobby MEPs to modify amendments, and lobbyists lobby each other to create synergies and common positions.
The same can be said of Washington where “some of the most powerful attempts to influence legislation are directed by government officials against other government officials,” although Milbrath finds that this should not be called lobbying as in his view lobbying “implies the presence of an intermediary or representative as a link between citizens and government.”[6] This statement is flawed, however, in that it confuses “lobbyists,” a certain professional group, with “lobbying,” an activity that can be carried out by anyone.
A major problem lies with public perception of the verb “lobbying”: “One man thinks of lobbying as the factual presentation of useful data to legislators. To another, it means sinister influence peddling by pressure groups with reckless disregard for the general welfare.”[7] The generally prevalent negative image based on the assumption of sleaze, corruption and morally non defendable practices, is certainly due to some isolated scandals highly publicised by the media and the fact that the results of lobbying are not visible to the public.
From “lobbying” to “public & government affairs”
Some organisations are uncomfortable with labelling their activities as “lobbying,” as an American survey of US non-profit organisations revealed. Organisations were asked what activities they undertook to influence policy: 29% said they never lobbied, 15% never advocated and 12% never educated. Simultaneously, 86% answered that they did participate in the public policy process. [8]
The negative connotations associated with the word “lobbying” have prompted most lobbyists to use other terms to describe their profession: in Europe the most used term is “public affairs.” In the US the same activity is called “government affairs.” On the other hand, “Public Affairs” in the US refers to what Europeans call “public relations” (i.e. the use of the media to improve an organisation’s image via press relations, advertising and other forms of communication).
Even the European Commission has dropped the term “lobbying” used in its 2006 Green Paper, to become “interest representation” in its Communication establishing a voluntary Register and a draft Code of Conduct[9] for EU lobbyists.
Lobbyists
The word “lobbyist” was first used in Britain to refer to journalists waiting in corridors (lobbies) at the House of Commons, waiting to interview decision makers. In 1829 in the US, the word lobby-agents described privilege-seekers in New York’s capital, Albany. Three years later the abbreviation “lobbyist” became frequently used in Washington.[10]
It took quite some time for the concepts of “lobbying” and “lobbyists” to spread to other European countries. The French media, for example, only started talking about lobbying in the 1980’s,[11] while the Italian media picked up the subject in relation to the “Tangentopoli” affairs in the mid 1990’s.[12]
Whom they represent
Lobbyists work for consultancies, for industry, trade bodies or associations, civil society, unions, regions or municipalities and even to defend countries’ interests. The latter are more difficult to identify as they are sometimes lobbying consultants working inside an Embassy or even diplomatic personnel practising lobbying functions.[13]
Estimated numbers of lobbyists
US
In 1997, American companies, unions, interest groups and municipalities reported hiring 14,484 lobbyists.[14] In 2005, the figure of registered lobbyists increased to an impressive 34,750.[15]
EU
There is no precise count of the number of Brussels based lobbyists. Thus, the European Parliament in its 2003 Working Paper on Lobbying in the EU,[16] had to rely on a 1992 Commission estimate,[17] which it admitted was “somewhat exaggerated.” The report stated that around 3000 interest groups (both national and European) were thought to be active in Brussels and Strasbourg, employing around 10,000 people. In addition over 300 companies were found to have direct representations or public affairs offices in Brussels. Over 100 management consultancies and numerous law firms were also thought to work on EU affairs. Therefore a total figure of 12,000 people involved in European Affairs was cited, although it seems improbable that Brussels lobbyists would reach the slightly optimistic 15,000 regularly mentioned by the Corporate Europe Observatory.[18]
Canada
In 2001, a KPMG study[19] found that the Registrar of Lobbyists reported 785 registered consultant lobbyists, 301 registered in-house or corporate lobbyists and 364 registered senior paid officers for non-profit organisations and interest groups. This gives a total of 1,450 registered lobbyists.
[1] Birnbaum J. H. The Lobbyists; How Influence Peddlers work their Way in Washington, 1992-93, Times Books, Random House. p.8.
[2] Birnbaum J.H. p.8.
[3] Milbrath L.W., The Washington Lobbyists, 1963, Rand McNally, p.14.
[4] EC, Green Paper on European Transparency Initiative, COM(2006) 194 final of 3.5.2006, p.5
[5] Ibidem footnote 4
[6] Milbrath L.W. p.7.
[7] Milbrath L.W. p.14.
[8] Tufts University, & OMB Watch and Charity Lobbying in the Public Interest, SNAP: Strengthening Nonprofit Advocacy Project, May 2002
[9] EC, Communication for a Framework for Relations with Interest Representatives (Register and Code of Conduct), COM(2008) 323 final of 27.5.2008, p. 3
[10] Birnbaum J. H. p.8-9.
[11] Courty G., Radiographie du lobbying en France, Diriger, n°7 Nov/Dec. 2004.
[12] Carrion G., Il Lobbying Democratico come Fattore di Sicurezza, Gnosis, N°2/2005.
[13] Castonguay A., Les marchands d’Influences – Washington, cœur de la planète lobbying, Le Devoir.com, 17 January 2005.
[14] National Centre for Policy Analysis, Government and Politics, Lobbyists’ spending in 1997, July 1998.
[15] Birnbaum J. H., The Road to Riches is Called K Street, Washingtonpost.com, 22 June 2005.
[16] European Parliament, Directorate General for Research, Working Paper, Lobbying in the European Union : current Rules and Practices, AFCO 104 EN, April 2003.
[17] Commission of the European Communities, An Open and Structured Dialogue between the Commission and Special Interest Groups, SEC(92)2272 final.
[18] Wesselius E., High Time to regulate EU Lobbying, Consumer Policy Review, Jan/Feb 2005, Volume 15, Number 1. p.13.
[19] KPMG Consulting, Study on Compliance under the Lobbyists Registration Act, Ottawa, 14 September 2001.