The basic problem with the ‘Lobbying Disclosure Bill,’ which is currently before Select Committee of Parliament is that in its attempt to create a ‘clear picture’ of influence, it covers an unreasonably wide range of communications.
The requirements imposed on these communications would stifle democratic speech on the sorts of issues where it is absolutely crucial that MPs are able to hear from the people they represent.
This will undermine people’s trust and confidence.
The Bill would not achieve the level of transparency it aims for, because the ‘targets of lobbying’ are narrowly defined and because of a number of drafting issues and anomalies.
These factors would also undermine public trust and confidence.
There are two relevant principles for assessing the Bill: it is crucial for healthy, vibrant democracy for people to communicate with their elected representatives and public decision-makers.
Public trust and confidence, fundamental in a democratic society, can be damaged by improper influence on decision-makers.
The Bill is an inadequate expression of these principles. The wide definition of ‘lobbying activity,’ the requirement to be registered as a lobbyist, the significant penalties for lobbying without registration and the narrowly defined ‘targets of lobbying’ create four main problems with the Bill in principle.
The Bill creates a privileged class of people with greater rights to speak to MPs and would chill essential democratic speech. It would allow only those who are well-resourced to cope with the regime. The Bill would not cover some influential lobbying activity, creating loopholes.
The Bill is therefore wrong in principle and should be rejected.
If it proceeds, the Bill will at least require amendment to fix a number of anomalies and (presumably) unintended consequences.
Statements such as ‘The Bill is a starting point and will be amended,’ suggest that submitters are being asked to hit a moving target that they cannot see.
This is frustrating and does not uphold the integrity of the democratic legislative process.
Alex Penk is the Acting Chief Executive of the Auckland based Maxim Institute, which made a submission on the ‘Lobbying Disclosure Bill’ to the Select Committee of Parliament last month.
