The hidden world of political lobbying

Hey there, time traveller!
This article was published 12/03/2022 (1324 days ago), so information in it may no longer be current.

THE usual way we seek to understand the Manitoba policy process is to examine how elections, political parties, the legislature, the premier and cabinet, the public service and the courts contribute to government decision-making.

But an alternative perspective exists, which views policy-making as a mostly hidden process happening within a series of closed, specialized policy communities in which private elites interact with public officials to push policy demands, block unwanted policies or seek policy compromises they can live with.

This is the world of lobbying, which can be highly important in determining who gets what, when, how and why from the policy process.

Lobbying is a legitimate activity. It can increase the intelligence used in policy-making and the responsiveness of governments to needs and concerns within society. Not everyone, however, has a well-funded and well-connected lobbying organization working on their behalf.

As one wit observed, the lobbying chorus sings with a distinctly upper-class accent. This does not mean, of course, that lobbyists always get what they demand.

In 2008, Manitoba adopted a law on lobbying which came into effect in 2012. The law is meant to allow for legitimate activity while ensuring that inappropriate behaviour is discouraged. Since then, the number of lobbyists has increased, as has the sophistication of their lobbying techniques.

Other jurisdictions have modernized their lobbying regulatory approaches; Manitoba’s approach remains limited and weak.

That approach relies almost exclusively on public reporting by registered lobbyists about the targets and purposes of their lobbying efforts. Both organizational (in-house) and consultant (for-hire) lobbyists are required to register and report on the targets (MLAs, ministers or other public officials) and subject matter of their lobbying efforts.

The lobbyist registrar (who doubles as the conflict of interest commissioner) has no enforcement power. Failure to comply with the law can lead to court fines, but this has never happened. The registrar does not prepare an annual report and/or appear before the legislature.

The online registry of lobbyists is meant to provide transparency so the media and the public can see which groups, organizations and individuals are trying to influence decision-making. There are no user statistics available, but one suspects there are few visits to the site, which is not easy to navigate.

Some interesting information is available, such as the frequency of contact with individual ministers. There is a section called intended outcomes of lobbying efforts, but the reporting on this topic is frustratingly vague. It uses such reporting categories as “seeking to influence legislation” but does not identify the bills in question.

Here are some general findings derived from my exploration of the registry for the six years since the Progressive Conservatives took power in 2016:

There was a steep rise in lobbying activity from 2017 to 2019, a development that reflects lobbyists establishing working relationships with a new government that was embarking on sweeping changes in a number of policy fields. The agenda of proposed legislation, spending and administrative actions drives most lobbying activity, but experienced lobbyists also stay in touch to anticipate and shape future policy thinking.

The number of registered lobbyists fluctuates over time, with many registering for a limited period to pursue a particular issue. At the end of 2020, there were 90 consultant lobbyists registered and 62 in-house lobbyists registered.

Health is the policy field where the greatest amount of lobbying activity occurred, which is not surprising given that a drastic overhaul of the health system has been underway and the province has been coping with a pandemic. In 2021, there were 467 lobbying contacts with the health minister and other health officials. The next most frequent target was agriculture, with 130 contacts.

Among the in-house lobbyists, certain organizations stand out. The team of representatives from the Canadian Federation of Independent Businesses communicated frequently with government, especially on finance issues. The pharmaceutical industry, firms such as Glaxo Smith Kline and Merck, had a strong presence. Primerica Financial Services shows up regularly.

Agribusiness and mining are well represented. Social-policy groups representing concerns related to poverty and Indigenous issues are active, but not to the extent of better-financed organizations.

The ranks of the for-hire lobbyists include a number of former politicians and former political assistants to ministers. Many on the 2021 registry represented multiple clients, who are prepared to pay a fee for the connections and tactical knowledge former political insiders bring to the lobbying process.

Lobbying is a necessary and rarely sinister activity. However, Manitoba’s lobbying system is unrepresentative and insufficiently transparent. The regulatory framework for overseeing lobbying needs to be strengthened, but that is a topic for another article.

Paul G. Thomas is professor emeritus of political studies at the University of Manitoba.