Concern over lobby register

Premier Alan Carpenter’s move this week to turn up the heat on political lobbyists by creating a register of their activities, has prominent lobbyists and peak industry bodies puzzled.

While most of the lobbyists interviewed by WA Business News endorsed the concept and the need for transparency in the industry, others criticised the proposal as a knee-jerk response to the political controversy of the previous week, expressing concern for fairness of registration and the risk of sensitive contractual information being made public.

Key features of the model, expected to be in operation in the new year, include a central public register of lobbyists and their clients, and a requirement that lobbyists regularly update the information and declare their interests when arranging meetings with state government officials.

The register will also feature a code of conduct for lobbyists covering their contact with ministers, ministerial offices or public servants.

Hawker Britton WA director Megan Anwyl said she accepted the need for a register, but it was vital it applied to all lobbyists including in-house corporate lobbyists, peak bodies and anyone who sought to obtain a particular outcome on behalf of a client or their employer.

“There needs to be equity, whether for in-house lobbyists, peak bodies or private consultants like me,” Ms Anwyl said.

While she was keen to work towards creating a code of conduct for lobbyists, she remained opposed to the disclosure of commercial and confidential information by private companies.

Halden Burns director John Halden said he had supported the principle of a register ever since a private member’s bill on the subject was raised in parliament by Independent Liz Constable in 2003.

“I think Liz Constable’s bill was too simplistic and provided little detail of how the process would be managed,” Mr Halden said.

“Definitions are going to be a problem. How do you define people who lobby? Is the local P&C going to be considered a lobbyist? And will people’s rights to negotiate or discuss things with government be restricted?”

Atticus Communications director Paul Plowman said he supported the register, but was loathe to put his books out into the public arena.

Mr Plowman said the activities of Brian Burke and Julian Grill were rare, and claimed many lobbyists conducted their business in an ethical way.

“Lobbying can be insidious if it is allowed to be so…what we have seen is a gross manipulation of the process. Most organisations and groups are fairly transparent,” he said.

Former WA Liberal leader and lobbyist Barry MacKinnon said many people did not understand the modern political process and needed help to avoid misjudging their approach to government.

“I advise clients how to talk, when to talk and what to say. Rarely do I talk to ministers themselves.

“I think the premier shouldn’t rush it and cause the register to be discriminatory, over-onerous and destructive of the lobbying process itself.”

On top of mounting speculation as to how the government will manage the register, some lobbyists believe the plan could pose an administrative nightmare for those who maintain high levels of contact with government.

Lobbyist Bill Hassell said the register would not make people honest, but would instead create more paperwork.

“I really think it’s a smokescreen. You can’t legislate for honesty,” Mr Hassell said. “People have to have integrity, and if ministers don’t understand the proper way of doing things, they must be removed from public office.” Chamber of Commerce and Industry WA chief executive John Langoulant said in a statement that both the register and a code of conduct would likely create problems and issues without solving any, and urged the premier to scrap the idea before wasting people’s time.

“A system of regulation and surveillance of responsible organisations, businesses and individuals is not going to stop attempts to thwart good and open government, such as has been highlighted.

“Rather than trying to form a list of those the government is prepared to give a hearing, it would be simpler to declare, as the former premier did, those that it is not.”

Chamber of Minerals and Energy chief executive Tim Shanahan said it would be prepared to collaborate with the government on the register and hoped it would be all-encompassing.

“The issue will be in the detail - how it is covered and who is covered,” Mr Shanahan told WA Business News.

Cabinet is due to finalise details of the model in the coming weeks before launching the register in the new year.