Spain fails through lack of lobbies regulation and transparency

MADRID – A report published last week by Transparency International states that Spain fails in ‘three crucial aspects’ regarding its political/business lobbies: transparency, integrity and equality of access. Lifting the Lid on Lobbying, as the project on which the report is based is called, goes on to say that this country lacks any legislation that guarantees adequate knowledge of who holds what influence in parliament, or how and on whom it is exerted, with what results and with what financial resources. Financed by the European Commission, The report considers that the Government ‘must carry out an analysis of the risks associated with lobbying, with the objective of creating legislation, thus ‘reducing the risk of corruption and improving the quality of democratic decision-making.’

Improving transparency, integrity and equality of access

The report says that the aspect most needing improvement is that of transparency (only 10% of approval), as much by the political parties as by the lobbyists. Public representatives (i.e. politicians) should – among other measures – ‘report clearly on the relationships they keep in respect of every measure or policy they make, and report on their working agendas.’ Lobbyists should – once a proper register of them is created – report on their activities publicly.

Integrity related to the lobbyists gets only a 35% approval rating. The report points out that, while Spain already has laws about pre and post public employment, as well as on codes of conduct for political representatives and those in high office, but these are not always followed. On the other hand, there is no legislation that contains any official codes of conduct regarding lobbyists or lobbying.

As to equality of access (17% approval rate) to public representatives by pressure groups or the public, which aspect the report regards as vital to decision-making in democracy; it is essential that the public is consulted and is allowed to participate. The report points out that ‘there is a great informality’ regarding the influence applied by other more sectorial groups, whose business interests are very specific. ‘And this is where the vast majority of cases of undue influence and even of corruption.’

Pressure groups must be regulated

Transparency International believes that lobbies, defined as pressure groups with specific interests, are ‘positive’ for the progress of democracy, ‘if they operate with transparency and integrity within a framework that guarantees the inclusion of all segments of society.’

Lack of regulation raises the risk that lobbyists could fall into ‘inappropriate’ practices, such ‘influence trafficking’ or ‘bribery’. The NGO is quick to add that to their knowledge and ‘up to the moment there are no known cases in which professional lobbyists are or have been involved in corruption.’  [Ed. Note: there are no professional lobbyists -- unless such is defined as someone who takes money for having the ear of a public representative -- and, lacking a register, how would we know?)

In conclusion, the report states that ‘improving transparency and integrity within the lobby community would contribute to differentiate a proper lobbyist from corrupt practices or unscrupulous ethics, to make a level playing field when making decisions and to attain better legislation and policies for all,’ according to Jesús Lizcano, president of Transparency International.