Rounding up lobbyists but poisoning the grassroots

In New York state, violating the lobbying law has the potential to invoke a $5,000 fine and four years in jail - an equivalent punishment as that meted out to an arsonist.

These penalties are severe enough to give pause to many groups that may wish to use persuasion and influence as strategies in their neighbourhoods or communities.

Presently in NSW, there is no legislation governing the lobbying activities of grassroots organisations or individuals.

There is, however, a government code of conduct for lobbyists that states free and open access to the institutions of government should be part of a healthy democracy.

It also states there is a public expectation that persuaders and influencers will be “individuals of strong moral calibre who operate according to the highest standards of professional conduct”.

The ICAC issues paper seeks to make determinations on 26 matters it refers to as principal issues relating to lobbying including the weaknesses of the current system (10), the choice of self regulation, government regulation or a combination (14) and whether gift giving should be banned (20).

In the US legislation and proscription means organising and attempting to influence in a neighbourhood or community is subject to registration and thus anyone donating more than $25 to a grassroots campaign (in Washington state at least) is on the list.

This effectively means that taking a slab and a couple of pizzas to a neighbourhood meeting about a land development, and inviting the local councillor or state member, has the potential to be seen as corrupting and thus requires the participants, especially the slab and pizza guy, to register as a lobbyist.

The nature of such proscriptive legislation on grassroots influence and persuasion in NSW would have a devastating effect on the principal of democracy.

Existing lobbying codes are designed as gatekeeping mechanisms to show Kevin Rudd who is visiting federal departments and parliamentarians, and to provide a list for Kristina Kenneally of who is wandering the Macquarie Street and Governor Phillip Tower corridors.

Queensland has embedded its regulations in the Integrity Act 2009 (chapter 4, regulation of lobbying activities) but it identifies particular entities as non-lobbyists - non profit organisations such as charities and churches, trade unions, employer groups and “entities carrying out incidental lobbying activities”.

A recent investigation into the idea of codifying lobbying conduct in Queensland, however, has itself been lobbied to expand the lobbyists register to include churches, unions, green groups, industry bodies and professional organisations.