Lobbying - Public Affairs - Communication

1. DEFINITION OF LOBBYING

What does lobbying refers to?

Lobbying, is the information hold by public authorities, media, stakeholders on the issues at stake for the forthcoming reforms. The ultimate aim is to have duly identified interests taken into account thanks to rigorous and transparent information. Lobbyists propose and politics decide

Isn’t « lobby » synonymous to « pressure group »?

«« Interest group » would be a more appropriate equivalent, for lobbying intends to explain, argument, convince, by transmitting the right information to the right interlocutor at the right time. Pressure, confrontation happens precisely when consultation, debate, and negotiation have failed or have been neglected.

In the end, the decision pertains indeed to the politician, depositary of general interest, who arbitrates between the different interests at stake.

What is the rationale for lobbying?

Lobbying aims at defending the rights and interests of businesses, associations, or local municipalities before organisms in charge of taking decisions that affect them. It is an essential means of democratic decision-making, based on contradictory debate followed by arbitrage of public decision-makers.

The lobbyist, « go-between » worlds with different cultures and rationales, has to convey reliable information to enlighten the decision. His knowledge of public decision-making workings makes him a useful advisor in building a strategy and asserting positions.

Who uses lobbying?

Public and private players, large and small businesses, professional associations and NGOs, municipalities, institutions: all the players, whose activity or image can be affected by public decisions or public debate, use lobbying.

What are the means used by lobbying?

The first means of lobbying consists of targeted diffusion of rigorous information, reflecting the available state of knowledge.

The tools mobilized by lobbying are mainly those of communication, tailored to the needs of the persons to inform : syntheses notes for politicians, technical notes for advisers or civil servants, dossiers and press releases, but also meetings, round tables, information trips, opinion polls...

2. LOBBYING, DEMOCRACY, DEONTOLOGY

Is lobbying, which favours particular benefits instead of general interest, compatible with democracy?

Tocqueville, thinker of democracy if any, wrote in Democracy in America : « A political, industrial, commercial or even scientific or literary association is an enlightened and powerful citizen who shall not obey at will or be oppressed in the shadows and who, by defending his particular rights against power’s exigencies saves common liberties”.

This is precisely in a democracy when public decision is freely made after public debate that informing decision-makers is necessary. Debate and checks and balances are the very conditions of democracy.

What is AFCL’s stand-point on projects aimed at regulating lobbying in Parliament?

AFCL stresses that lobbying does not stand in a legal no-man’s land: the profession is already regulated by a range of norms related either to consulting companies or to relationships with public authorities. These rules are automatically enforced.

Beyond that, AFCL, which includes since 1991 the main French professionals of lobbying consulting agencies, backs energetically the idea of a transparent organization of lobbying in Parliament.

Institutional modernization involves reinforcing the role of Parliament and justifies organizing parliamentary lobbying.

AFCL pioneered in Europe the development of a demanding deontological charter developed at its inception and updated on a regular basis. It aims at avoiding any mix-up by defining strict and very concrete rules, for instance:

- incompatibility between lobbying and elective mandates at the national or European level as well as with any salaried work within a ministerial cabinet, parliamentary assemblies or civil service (…) (article 4)

- compulsory declaration of represented interests in any approach taken (article 7).

Is it normal that a parliamentary assistant can be remunerated by a business or a consulting agency?

No. Article 4 of AFCL’s deontological charter strictly prohibits such a mix-up. This raises also the issue of parliamentary assistant’s status, which is a frequent claim of their representative organizations.

Is it normal that lobbies, businesses organize trips for MPs?

Transparently organized trips and site visits to inform and exchange viewpoints are means that can be implemented by lobbyists. This implies preliminary availability of precise work plans and, downstream, of detailed minutes. Obviously, no pleasure trip falls within this category.

On this subject matter as on conference organization, AFCL considers that the Institution itself has to set rules of the game contributing to legitimate and necessary transparency of decision-making. AFCL calls for implementation of such rules.

3. WORKING AS A LOBBYIST

Is this profession recognized in France?

Lobbying, as its origin shows, has developed earlier and more strongly in Anglo-Saxon democracies than in France where tradition was confrontation rather than consultation.

But with the European construction, which has been since its inception more open to economic interests and NGOs, from decentralization and modernization of decision-making processes, lobbying has developed and professionalized in France since the beginning of 1980’s.

Since then, it conquered its letters of nobility: « ENA » (National School of Administration), Institutes of Political Studies, business schools, universities have lobbying on their programs, and numerous students whish to embrace this profession… Broadcasts are dedicated to it on TV, on the radio.

Today, the National Assembly envisions favouring a transparent and regulated exercise for lobbying towards MPs, corresponding to AFCL’s wish for 15 years.

What does lobbying practice looks like?

Lobbying builds upon different subject matters: law, economy, communication. It implies a good knowledge of institutions and more broadly of mechanisms working in public decision.

In a lobbying action, several elements deserve to be highlighted:

- legitimacy of the request first : what does the requester stand for, what are the arguments he puts forward?

- its articulation with general interest and its coherence with the legislator’s objectives ;

- the capacity to intervene as upstream as possible of the decision and with the right interlocutors ;

- the capacity to make one’s arguments heard according to a timetable consistent with the decision’s own timetable.

Lobbyist : jurist or communicator?

The raw material is often juridical, but the core of it deals with argumentation and conviction; thus, communication is essential. Lobbying always calls for techniques and communication tools, tailored to the targeted objectives and persons as appropriate.