Commonwealth lobbyists will have to be registered for the first time in Australian history, publicly revealing all their clients, or they will be denied access to the Rudd Government. The proposed code received wide industry acceptance yesterday but the Opposition said it would do nothing to stop activities like those of disgraced former Labor premier Brian Burke or the sex scandal engulfing the Wollongong Council and NSW Labor Government.
Special Minister of State John Faulkner issued yesterday an exposure draft of a lobbying code of conduct, which gives him absolute discretion to add or remove anyone from the register. He has allowed only a fortnight for submissions before the code goes before Cabinet.
The register is to list the names of owners, partners and major shareholders, as well as the names and positions of employees, contractors and others engaged by lobbyists. The names of all clients are to be included on the register, which is to be updated quarterly with an annual confirmation, via a series of statutory declarations, that all details are current for workers, contractors and others engaged in lobbying. These updates are to be given within 10 business days of the end of each quarter, or registration will lapse. ''From a well-publicised date, lobbyists who represent third-party clients will need to be on the register or they will not be able to lobby Government representatives,'' Senator Faulkner said. ''It will not, however, confer a right to access by lobbyists to ministers and other Government representatives.''
Bruce Hawker, principal of Hawker-Britton, lobbyists and Labor campaign organisers, welcomed the ''reasonable document'', particularly the formal acknowledgement of the legitimacy of lobbying. His sole concern was the need to consider registering ''in-house lobbyists'' who were full-time lobbyists but worked within companies who came to Canberra seeking to influence government decision-making. Mr Hawker said he was ''quite relaxed'' with the provision that strict separation had to be maintained between lobbying activity and ''personal activity or involvement on behalf of a political party''. ''You can act in a campaign in a purely professional manner on behalf of a party whilst not involving any of that activity in your lobbying activity at all,'' he said.
Independent government- relations consultant Mark Croxford welcomed the recognition of lobbying and looked forward to a code of conduct for government representatives. ''It will be interesting to see how, when the shoe's on the other foot, how they will act; whether they offer a better level of service to those that they know versus those that they don't necessarily know, or don't like,'' he said.
The draft code bans ministers or parliamentary secretaries operating as lobbyists for 18 months after they cease to hold office. The ban is for 12 months for staff members. The code's definition of ''lobbyist'' excludes industry associations and companies who lobby on their own behalf. Doctors, lawyers and accountants who make ''occasional representations'' to Government are excluded, as are charitable, religious and non-profit organisations.
Shadow minister Michael Ronaldson's chief concern was the ''unfettered power'' over the register vested in Senator Faulkner. He's concerned chance meetings at coffee shops could be caught under the code, and about the exemption given to lawyers, noting that most lobbyists in the United States were registered as law firms to attract lawyer-client privilege. He echoed Mr Hawker's concern about in-house operators, saying, ''There is nothing to stop Brian Burke working as an 'employee' for a company part-time.'' Robin Harris, a director of Government Relations Australia, said the draft code and register would be no imposition. ''It makes much sense,'' he said, adding it should be replicated across all states and territories.
