MEMBER STATES WITH SOFT REGULATION OF LOBBYING

There are four Member States with voluntary systems of registration for lobbyists (soft regulation): France, Germany, Italy and the Netherlands.

FRANCE

Specific legislation on lobbying: Strengthening and update of Rules of Procedure of the National Assembly relative to interest representatives, implemented on 1 Jan 2014. The Senate adopted internal rules relative to interest representatives' activities on 7.10.2009

Code of conduct for lobbyists: Code of Conduct containing detailed rules for lobbyists and their ethical behaviour adopted by Bureau of National Assembly on 26/06/13, and in Senate, adopted in 2009. Improved code of ethics/conduct to be adopted with the mandatory system.

A register for lobbyists: Yes, in both houses of parliament. organisations are encouraged to sign up to the Register, which is public on the websites of the National Assembly (180 registrant organisations on 1/11/14) and the Senate (114 registrant organisations on 23/12/14). Public announcement of a possible future mandatory system (Loi Sapin).

Mandatory/ Voluntary: Voluntary in both Houses of Parliament; registration facilitates application procedures to access buildings. Mandatory system proposed in 2016 (Loi Sapin).

Scope of coverage: In the National Assembly, consultancies will be obliged to have client present at all meetings with elected representatives/ public officials. In the Senate, rules apply to all organisations, public, semi-public or private. The newly proposed mandatory system would state that every lobbyist must register it if he claims to communicate with the president or his staff, ministers or cabinet, heads of independent administrative authorities or certain officials. Religious organisations exempt, as well as social partners.

Access to Parliament buildings and other incentives: Registered entities receive a "registered interest representative" card to prove they are registered. This facilitates access to the building, but is not sufficient to enter. It is publicly announced in committee meetings whether interest representatives invited to speak are registered or not. Registrants receive alerts about upcoming legislation and can publish contributions on the Parliament's website.

Body responsible: Bureau of the National Assembly: Délégation chargée des représentants d’intérêts, (formerly presided over by MP Christophe Sirugue). Bureau of the Senate and application by Conseil de Questure.

Sanctions & Enforcement: If code not respected, representatives can be withdrawn from the list. In the Senate graduated sanctions from removal from the register to temporary suspension of access rights to permanent withdrawal of access rights. Mandatory register proposal - fines up to 30.000 Euro for breaching ethical rules.

References: The information to be provided by registrants is similar to the European TR.

Ongoing discussions: New obligation to publish list of organisations heard in conjunction with a legislative report (LEGISLATIVE FOOTPRINT) applicable as of 1 Jan 2014. On 28 November 2014 a resolution was passed in the Assemblee to update the RoP, to provide a role for the "deontologue" to intervene in terms of content of the register. In January 2016, the Finance Minister of France announced the creation of mandatory national register of lobbyists.

Related rules:  "La haute Autorité pour la transparence de la vie publique" created end 2013 to oversee new financial declaration requirements made on ministers and members of the French Assembly + Senate. New stricter rules on access for "collaborateurs" of elected representatives.

GERMANY

Specific legislation on lobbying: German Bundestag was the first Parliament in EU to adopt specific rules for the registration of interest representatives in 1972 (Annex 2 to its Rules of Procedure).

Code of conduct for lobbyists: No code of conduct stricto senso prescribing an ethical behaviour of lobbyists.

 A register for lobbyists: The Bundestag has a public register for associations of trade and industry representing interests vis-à-vis the Bundestag and the Federal government. The German Bundesrat does not dispose of a similar register. According to Annex 2 of the rules of procedure of the Bundestag, an annual public list of all groups wishing to express or defend interests before the Bundestag or the Federal Government is drawn up and published. The list of entities is publicly available; in Nov 2014, 2.219 associations were registered.

Mandatory/ Voluntary: Voluntary. In principle lobbyists cannot be heard by a Parliamentary committee if they are not on the register, but Committees and the Bundestag may still invite associations and experts not on the list to present information.

Scope of coverage: Individual lobbyists, lobbying offices, companies or lawyers and law firms are not expected to register. Public entities are not registered, nor are regional authorities.

Access to Parliament buildings and other incentives: Representatives of pressure groups must be entered on the register before they can be issued with a pass admitting them to parliament buildings. The following information must be provided: name and seat of the group; composition of board of directors and board of management; area of interest; number of members; names of appointed representatives; office address. Five persons from a single organisation can be present inside the Parliament at the same time. MPs often invite lobbyists to the Parliament and give them access cards 'under the table'.

Body responsible: President of the German Bundestag

Sanctions & Enforcement: None, except loss of opportunity to be heard in the Bundestag committees. The public list does not have any legal force.

Ongoing discussions: There have been several proposals to strengthen the rules, but no follow up, so far. During the 17th legislature of the Bundestag (2009-2013), there were several parliamentary initiatives towards improved transparency of interaction of politicians with stakeholders. In specific bills the groups of the SPD (Social Democrats), DIE LINKE. (The Left) and Bündnis 90/DIE GRÜNEN (Alliance 90/The Greens) called for a mandatory public lobby register. The bills were rejected in 2013. In November 2014 press reported preparation of a comparable bill to be tabled at the Bundestag by group of DIE LINKE. (The Left). In October 2015, an article was published demanding an explanation about a lot more current access cards in use than actual employees in the Bundestag. The article triggered a reaction from the Bundestag: it stopped issuing access cards to lobbyists.

Related rules: Joint Rules of Procedure of the Federal Ministries (GGO) in preparation of legislation and draft regulations outlining arrangements for the participation of organisations and professionals (see in particular § 41, § 44, paragraph 3 and 5, § § 47 paragraph 3 and 74 paragraph 5).

ITALY

Specific legislation on lobbying: No national statutory rules, only diverse systems at regional level

Code of conduct for lobbyists: Some self regulation by public affairs associations with their own codes of conduct for members, “Il Chiostro” and “Ferpi”

A register for lobbyists: Tuscany has been the pioneer since 2002. Tuscan registry only applies to organisations where the internal structure is based on democratic principles. This results in the exclusion of most companies and consulting agencies. In August 2014, there were 129 registered entities.

Scope of coverage: The regional regulation does not provide a specific definition of lobbyists.

Access to Parliament buildings and other incentives: Article 144 of the Rules of the Chamber and Article 48 of the Rules of the Senate provide that all parliamentary committees may hold hearings with local representatives, private sector representatives, trade associations and other sector experts. The hearings are to acquire information and documents relevant to parliamentary activity.

Body responsible: A Transparency Unit was set up to run the register for the Agriculture Ministry, but was then dissolved

References: European Transparency Register

Ongoing discussions: More than 50 bills having been introduced to parliament since 1945 on regulating lobbying. On 30 July 2014 the standing committee on Constitutional Affairs of the Senate started examination of draft regulation on lobbying. The Italian Ministry for Agriculture (under Minister Cantana) introduced an embryonic lobbying regulation in February 2012, but no implementation so far.

Related rules: Tuscany (Regional Law n. 5/2002), Molise (R. L. 24/2004) and Abruzzo (R. L. 61/2010).

NETHERLANDS

Specific legislation on lobbying: There (still) is no specific legislation on lobbying. A lobby registry was introduced however on July 1, 2012 (as part of rules of procedure) applicable to the Dutch House of Representatives only. The Senate has no regulations in the rules of procedure nor a code of conduct for lobbyists.

Code of conduct for lobbyists: No related code

A register for lobbyists: Publicly accessible list of entities requesting access to Parliament (by month). The Dutch Senate does not have a register, but lobbyists that are registered with the House (and have a security pass provided by the House) have access to the building of the Senate as well.

Mandatory/ Voluntary:  Mandatory registration for entry into the "secure zone" of Parliament i.e. to access MPs or staff

Scope of coverage: There are three groups of lobbyists: 1. employees of public affairs and public relations agencies; 2. representatives of civil society organizations / associations 3. representatives of municipalities and provinces

Access to Parliament buildings and other incentives: Mandatory registration for entry into the "secure zone" of Parliament i.e. to access MPs or staff

Body responsible: The General Secretariat - requests are made to the Secretariat to enter building and are accepted depending on the organisation and request

Sanctions & Enforcement: Informal sanction for unacceptable behaviour, blocking access to enter building

References: Transparency Register

Ongoing discussions: Internal (staff) discussions on drafting an update to rules, in order to introduce a similar system to TR. Final draft to be presented to Tweedekamer's Presidium (no deadline)