Ottawa Sun
Published: Wednesday, May 12, 2010

Register complaints: Cullen's pitch for a municipal lobbyist registry put under scrutiny

Scrutinizing the conduct of lobbyists -- for hire, corporate or in-house NGO-types -- seems to be the rage amongst some elected officials. And who can blame them since the quasi-scandal of apparent unregistered federal lobbying by a few individuals in Ottawa has dominated headlines to a degree?

For transparency purposes, I am a registered federal lobbyist and a list of my clients and what departments I might have to lobby on these files can be found at www.ocl-cal.gc.ca. As well, I have had three files over the past two years where I have lobbied councillors and officials at City Hall, but have never written about these files.

So today's column focuses on mayoral candidate Bay Coun. Alex Cullen's idea for a municipal lobbyist registry.

Truth be told, I actually like Coun. Cullen on many fronts. He is personable, he works diligently, he knows his files cold, his convictions are admirable (although I don't share all of them) and he is consistent. To top it all off, he is a fitness nut like yours truly and his passion for physical well-being should be emulated by more of his colleagues.

However, as I wrote last July, one should be very careful when advocating more disclosure and reporting of what is a legitimate and indeed essential activity in the democratic process.

Lobbying derives its legitimacy in federal law. In fact, its legal origins stretch back to the Magna Carta of 1215 and the English Bill of Rights in 1689 in terms of subjects petitioning the monarch.

If the next council believes that a lobbyist registry will demystify decision-making at City Hall, then by all means they should fill their proverbial boots. But they should fill them equally from the left and the right, politically and literally.

If development interests are lobbying councillors or vendors are trying to gain a perceptual advantage for forthcoming procurements, sure, make them register. But if, and only if, the same provisions apply to unions who might be lobbying against a certain procurement scenario or are positioning with councillors in advance of council providing direction to city negotiating staff on soon-to-expire union contracts.

Ditto for a circumstance where a confederation of tenant, housing or activist groups might be on the opposite side of an issue, proposed bylaw, etc., from where landlords or developers sit.

If Cullen's intent is to better inform the public as to who may be influencing the decisions of council members, you can't be half pregnant on this one, everybody must comply.

Of course, individual citizens would be exempted from any registry. Yet where it gets tricky is when community associations, arts groups and festivals lobby for money and funding: Should they have to register? If Cullen is true to his transparency manifesto, his answer should be yes.

The quagmire also comes with reporting of meetings, who does it, the lobbyists or the lobbyees? Is it just in-person meetings or will phone calls, Skype chats, e-mail trails and bump-ins at the fall fair also be subject to disclosure? And what are the sanctions for not reporting? Who will judge on correct and non-compliant behaviour? Oh, and how much more bureaucracy will this create and cost?

Over to you, Mr. Cullen.