The provincial government has made a start on fixing the rules for lobbyists, but it must follow up with more reforms. Lobbying is one of those realities of government that most voters acknowledge but view with suspicion. It suggests that some people and groups have better access to the levers of power than the rest of us do. That’s particularly true when those people hop from government to lobbying with unseemly haste.
On Monday, Attorney General David Eby introduced legislation that would prohibit cabinet ministers and other senior staff from lobbying the B.C. government for two years after leaving public office.
There is some wiggle room, in a provision that allows the registrar of lobbyists to grant exemptions if it’s in the public interest. While that loophole prompts justified suspicion, the registrar would have to make public the reasons for any exemptions.
Public-office holders with access to inside information would be covered by the bill, including cabinet ministers and their non-administrative staff, parliamentary secretaries, deputy ministers, ministry chief executive officers and associate deputy ministers. It would also apply to senior officials at institutions including universities, school boards, health authority boards, hospitals, Workers’ Compensation Board and Crown corporations.
Under the bill, lobbyists would have to divulge the names of any staff people they talk to in a minister or MLA’s office.
“The goal of this unprecedented legislation in B.C. is to enact a strong, sweeping prohibition, so that former public office holders cannot unfairly use their insider knowledge and connections in order to influence government policy on behalf of corporations or organizations,” Eby said.
That’s strong talk about a bill that falls short of the expectations of other parties and of the acting registrar of lobbyists, Drew McArthur. McArthur said the bill ticks one item off his wish list, but he has five more that need attention.
His list includes a code of conduct for lobbyists and a requirement that lobbyists disclose third-party interests that are funding or directing the lobbying.
To his credit, Eby said the bill is just the first step, and the government will review all of the lobbyist law over the next year. British Columbians need to hold him to the promise of further reforms.
There are already some restrictions on lobbying. Former cabinet ministers and parliamentary secretaries can’t make “representations” for others for two years after leaving office, although that doesn’t cover all lobbying. And former public servants are not allowed to lobby for one year after leaving.
The personal connections that lubricate a lot of lobbying won’t vanish after the two-year cooling-off period. The opinions of a valued former colleague or a trusted friend will be just as welcome after 24 months as after one month.
However, policy and personnel can change a lot in two years. The reality, as well as the perception, of a particular person’s influence can also change.
Lobbying will always be a part of government, as many people and groups want to ensure their concerns are considered in public policy.
The challenge is to minimize undue influence while ensuring a transparent system so British Columbians can see who is walking the halls of power. The government has begun much-needed reforms, and must keep its promise to do more.
