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If Federal Conservatives Had Kept Their Promise to End Secret Lobbying, Canadians Would Have Information Needed to Judge Government Decisions


Set out below is a letter to the editor by Democracy Watch Coordinator Duff Conacher which was published in edited form in the October 12, 2009 issue of the Hill Times


Dear Editor:

While the new disclosure requirements for lobbyists are revealing some details about whom federal government policy-makers are consulting, the requirements need to be strengthened to end secret lobbying ("Environmental organizations say government isn't talking to them" article - Hill Times, October 5, 2009).

Given that only pre-arranged, oral communications (essentially meetings) are required to be disclosed, it is quite possible that federal Environment Minister Jim Prentice, his policy staff, and senior Environment Canada public servants have been communicating even more with corporate lobbyists (compared to citizen groups) than the available information shows.

Because of loopholes in the definition of lobbying in the federal Lobbying Act, in-house corporate lobbyists don't have to register nor disclose their lobbying activities if they lobby less than 20% of their work time every six months.  This loophole allows for 34 days of secret lobbying by corporate lobbyists every six months.

Unpaid lobbyists also don't have to lobby, and there have been reports of corporations using retired executives to do their lobbying when they want to keep it secret.

The Conservatives promised in the 2006 election to "Require ministers and senior government officials to disclose their contacts with lobbyists."  If, instead of breaking their promise, they had required disclosure in the Accountability Act of contact with anyone lobbying (paid or unpaid, part-time or full-time), secret lobbying would now be effectively outlawed.

If opposition parties were actually interested in open government, they would have cooperated to strengthen the disclosure rules either when the Accountability Act was being reviewed, or through a private member bill sometime in the past three years (better late than never).

Of course, when the rules are finally changed, senior politicians and staff of the opposition parties should also be required to disclose their contacts with lobbyists, given that they are also required to avoid conflicts of interest, and given that an election could occur any time and they could be in a position of power afterwards.

The only exemption should be when a voter communicates with a politician, staffperson or official casually, not as part of an organized lobbying effort.

Until secret lobbying is ended, federal political parties will all continue to have secret agendas they can easily hide from voters.

Finally, in addition to ending secret lobbying, a top priority for federal (and provincial, and territorial, and municipal) politicians should be to pass a law requiring meaningful public consultation by government institutions before they make any significant decision.

This consultation requirement essentially exists now (with a few loopholes) for decisions that have a significant impact on the environment (under environmental assessment laws across the country).  It should be extended to all decisions that have a significant impact of any kind on society.

Canadians deserve better government, but they won't get it until these and other good government measures are finally in place -- 142 years have passed since good government was supposedly established in Canada, so why are politicians making voters wait even longer for actual good government?.

Sincerely,
Duff Conacher, Coordinator
Democracy Watch


For more details, go to Democracy Watch's Clean Up The System page