Friday, September 24, 2010

OTTAWA - Today, despite the federal Conservatives' changes last Monday to the Lobbying Act that will increase disclosure of lobbying and strengthen ethics requirements for federal politicians, some staff and officials after they leave office, Democracy Watch highlighted the many loopholes that will continue to allow secret lobbying, and also allow federal politicians and officials to lobby the day after they leave office.

Depending on exactly what former Conservative MP Rahim Jaffer did, the loopholes may apply to his actions and make them legal, and because of the loopholes unregistered, secret lobbying by ex-politicians and others of their former government colleagues will remain legal. (NOTE: Rahim Jaffer's actions are still being investigated by the federal Commissioner of Lobbying, along with an investigation by the Ethics Commissioner of the actions of Helena Guergis, former Conservative MP and Parliamentary Secretary, and other Conservative Cabinet ministers and staff).

"The federal Conservatives' changes will increase disclosure of lobbying and strengthen ethics requirements for federal politicians, some staff and officials after they leave office, but they do not close dangerously unethical loopholes in federal laws that allow secret lobbying and allow politicians, staff and officials to lobby the day after they leave office," said Duff Conacher, Coordinator of Democracy Watch.

Many in the media have inaccurately reported the Conservatives' changes, claiming that they mean that, for the first time, paid lobbyists must now register if they lobby MPs or senators -- in fact, lobbyists have been required to register this lobbying since 1989.

What the Conservatives' changes do is extend the current requirement that registered lobbyists disclose monthly on the online, searchable Registry of Lobbyists some of their lobbying communications with Cabinet ministers and senior government officials -- the extension will cover some communications with MPs, senators and senior staff of the Office of Leader of the Opposition.

The problem is these changes do not close loopholes that allow for secret lobbying because lobbyists are not required to register and disclose their activities if they are not paid, or if they work as an employee of a business and lobby less than 20 percent of their work time, or if they lobby about the enforcement of a law.

As well, the changes will not close the loopholes that mean only pre-arranged oral communications initiated by registered lobbyists (or, in the case of a financing decision, initiated by anyone) are required to be disclosed -- secret emails, letters, and secret informal phone calls and meetings will still be allowed.

The Conservatives' changes also extend the so-called current "ban" on Cabinet ministers and senior government officials being a registered for five years after they leave office -- the extension will apply the "ban" also to MPs, senators and senior staff of the Office of Leader of the Opposition.

The problem is that because of the loopholes described above that allow for unregistered lobbying (if you are not paid or work as a part-time lobbyist for a business), there is no ban -- all federal politicians, staff and government officials are still allowed to be paid to lobby the government day after they leave office (as long as they are careful about whom they lobby for, whom the lobby, and on what issues they lobby so that they fit within the loopholes).

The Conservatives' proposals also do not fulfill their 2006 election promise to "Require ministers and senior government officials to disclose their contacts with lobbyists".

To end secret lobbying, all politicians, political staff and decision-making public servants must be required to disclose on the existing Internet registry all direct and indirect communications by anyone connected to an organized effort aimed at affecting their decisions (except for informal, casual communications from voters).

And to ensure an actual ban on lobbying after leaving office, anyone doing such communicating aimed at affecting decisions must be defined as a lobbyist and required to register and disclose their activities.  The ban should be on a sliding scale from 1-5 years depending on the power of the politician, staff or official.

These changes, and many other changes proposed by Democracy Watch (some of which have also been recommended by the Oliphant Commission) must be made when the federal Lobbying Act is reviewed this fall or secret, unethical lobbying of those involved in federal politics and government will continue to be legal.

Similar changes must be made to provincial, territorial and municipal laws across Canada to make secret, unethical lobbying of those governments illegal.