Lobbying law plans need better focus: Society
Scottish Government proposals for a register of lobbyists need to be clearer and better defined, according to the Law Society of Scotland.
In its response, published today, to the consultation on a proposed Lobbying Transparency Bill, which would introduce a statutory register of lobbying activity in Scotland, the Society argues that the onus should be on organisations rather than individuals to register as lobbyists, and that more activities should be covered than is currently intended.
The Society points out that to impose on individuals the responsibility of registering would go against the recommendation of the Scottish Parliament's Standards, Procedures & Public Appointments Committee, which reported in February, and argues that rather than making things simpler, as ministers suggest, it would place a greater administrative burden on organisations which have a number of staff members who regularly meet with parliamentarians. Individuals could also be uneasy registering their own names, when they are representing the views of the organisation and not acting in a personal capacity.
Whereas the consultation proposes that only face to face meetings would be covered by the register, the Society further argues that excluding the likes of telephone, email and videoconference dealings with MSPs would not achieve the stated policy aims of transparency and openness. Indeed it suggests that to achieve these aims, ministerial diaries, and minutes of meetings between ministers and MSPs, should also be made available.
“Lobbying is an important and legitimate activity, which helps to inform parliamentarians in their role as lawmakers, and of course we support the principle of full transparency of those processes", Brian Simpson, law reform officer at the Society, commented. "However there are two key questions missing from the consultation and these are what constitutes a lobbyist, and what is meant by lobbying activity? These terms need to be clearly and unambiguously defined in any future legislation.”