The virtues of lobbying
As his book on global lobbying is published, Lionel Zetter says public affairs is a necessary part of the decision making process – regardless of a country’s political make-up
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| Lionel Zetter: Lobbyists can, and do, improve society |
Lobbying in Asia, Europe and the US has been going on throughout history. It is nothing new.
Wherever an individual, or group of individuals, has been in a position of power and influence over society there have been other individuals who will have tried to persuade them to exercise that power in a particular way.
However, lobbying is a term which is not universally accepted or adopted. And even its origins are subject to debate.
Some claim that the term was first coined by President Ulysses S Grant, who was tired of being accosted by petitioners in the lobby of the Willard Hotel in Washington and scornfully referred to them as " lobbyists".
Others maintain that the term originated in the Palace of Westminster in London – and referred to either the Members’ Lobby or Central Lobby in the House of Commons.
In contrast with Asia, in Washington and Westminster the term "lobbying" is generally, although not, universally used.
Question of definition
Many practitioners refer to "public affairs" or "government relations" rather than lobbying – and these terms are now gaining currency in Brussels, the seat of the European Union’s parliament and civil service.
In the Middle East and Asia few practitioners refer to themselves as lobbyists. Instead they define themselves as being engaged in government affairs, corporate communications, public relations and stakeholder relations – or are active in the burgeoning corporate social responsibility industry.
The primary reason for this reluctance to use the ‘L word’ is because it carries a negative connotation – and as such was formally illegal in some Asian countries.
Over the years there have been a number of scandals relating to the activities of lobbyists in the US and the United Kingdom. In Asia, where the links between business, vested interests and politicians themselves are often close, there is a long list of cases of financial wrong-doing.
As a result of the huge sums involved in American politics – and American public affairs – a series of scandals have occurred – culminating most recently in prominent lobbyist Jack Abramoff being sentenced to five years in prison. In Great Britain such scandals have been much less frequent – and of a much lower order of magnitude.
When thinking about a title for my forthcoming book on lobbying I, perhaps inevitably, ended up drawing on Bismarck’s famous statement that "politics is the art of the possible". I consulted widely when writing the book, and circulated advance copies partly in order to gather quotes for what publishers somewhat inelegantly call "the blurb".
After researching the diverse public affairs and lobbying industries in Asia, Europe and the US, my conclusion is that it remains an essential part of the decision making process.
And, whilst it differs from continent to continent to continent, and country to country, there is also much which unites lobbying as a global industry.
As a result of the regulation which governs the industry in Europe and the US – and more importantly the prevailing culture which strongly disapproves of corruption in any form – politics and public affairs are very clean in the UK, US and the European Union.
In Asia where the industry is less transparent and where decision making processes are opaque, the absence of identifiable procedures and regulations leaves grey areas where corruption between business, government and officials can develop.
This lack of transparency remains a barrier to the development of a transparent public affairs industry along the same lines as the West.
Defence of the industry
As a former president of the Chartered Institute of Public Relations and a former chairman of the Government Affairs Group in the United Kingdom, I have twice given evidence before parliamentary select committees on behalf of the British industry.
On each occasion I have tried to make the point that lobbying is inevitable, and (if regulated) it is not only legitimate but laudable.
Lobbying has always taken place, and became prevalent in the days of absolute monarchy when royal courtiers were – in effect – lobbyists. Once democracy took root lobbyists came firmly of age. Democratic political systems are – by their very nature – adversarial.
Therefore both sides of any argument need to lobby – or simply accept that they are bound to fail by default. Governments develop better legislation by rigorously subjecting it to review and consultation with external bodies.
But the lobbying industry itself requires some degree of oversight in order to ensure it adds value and is a force for good in the development of public policy. In the West there are three models of regulation.
In the US lobbyists are very tightly regulated by statute – and yet there are more lobbying scandals there than anywhere else. In Brussels there is voluntary regulation, overseen by the European Parliament and the European Commission.
In the United Kingdom the lobbying industry regulates itself, through its own trade and professional bodies.
This has largely worked to date because the UK media takes a close interest in politics and public affairs. Any wrongdoing is remorselessly exposed by a press which adopts an increasingly inquisitive approach to the relationships between business figures and political decision makers.
Transferable
For those countries in the Middle and Far East which embrace the western model of parliamentary democracy the standard UK/US model of lobbying is generally applicable and transferable.
Many UK and US public relations consultancies operate in these regions, and they operate their public affairs practices in similar ways to their operations in the West.
That said being acutely aware of the legislative processes, cultural norms and regional inflections is vital if public affairs successes are to be achieved.
But lobbying is not simply reserved for countries where democratic government applies. Where western style democratic mores have not been adopted, lobbying – more commonly defined as public affairs, government relations or CSR – still has a role to play.
Lobbyists, NGOs, trade bodies and even “diplomatic lobbies” can fill the vacuum left by the absence of formal opposition parties and electoral accountability.
All policy proposals, and all legislation, benefits from being tested by counter-argument in debate – even if the debate takes place off-camera or behind closed doors.
If the structures are not in place for that debate to be held within the confines of a legislative chamber, then lobbying and pressure groups can provide a sounding board and a counter-point to government proposals.
In China the rise of pre-legislative consultation signals a more inclusive, yet more complex, approach to the drafting of new laws and regulations.
It is also certainly the case that western multinational companies feel more comfortable investing in countries where there is an established and navigable political process – or at the very least a firmly anchored rule of law.
The existence of lobbyists or public affairs consultancies provides them with the reassurance that a route can be mapped through the public policy process – whatever form of government is in place.
Fundamental rules
Lobbying around the world varies in its scale and sophistication. Certain rules, however, apply universally. Whilst far from exhaustive these observations are essential in pursuing an effective global public affairs strategy:
• Always obey rules and regulations as laid down by governments and legislatures. Localise your practices and procedures.
• On top of these formal constraints, always apply the filter of your conscience – and the newspaper test. If you would not want to read a story about your words or actions on the front page of the local newspaper – don’t say or do the things you would not want to be reported.
• The earlier in the public policy process you engage the easier it will be to influence legislation in an advantageous fashion.
• Make sure that you fully understand the legislative and political processes. Without a sound knowledge of the mechanics you cannot hope to lobby successfully. That requires localising your workforce.
• Indentify the key decision makers who will make the decisions which will make or break your cause. Then identify the people around them who they listen to – and influence – them.
• Build relationships with politicians and civil servants ahead of the time when you need to call on them to support your views. Match junior staff with junior officials and mid-ranking staff with mid-ranking officials. This "buddy" system then pays off as the respective staffers move up the career ladder.
• Relationships are based on trust. Work hard to build and maintain that trust, because without it you are wasting your time.
Conclusion
Finally, all around the world public affairs practitioners are using the techniques of grassroots and grass-top engagement, third party endorsement, and stakeholder relations.
These are not “tricks of the trade”. These are legitimate tactics aimed at ensuring widespread consultation and engagement – which at the end of the day result in more effective and equitable legislation and better government.
However it is described, and wherever it takes place, public affairs is a legitimate process which can routinely add value to legislation, regulation, conflict resolution and, ultimately, economic and social development.
Lionel Zetter is a vice president of PublicAffairsAsia and a former president of the Chartered Institute of Public Relations. His latest book Lobbying: The Art of Political Persuasion is published by Harriman House on October 20
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