Mr. Speaker, I want to begin by commending my hon. colleague for his efforts, not only on this legislation but I think in general he has been very concerned about the issue of influence and the issues of accountability and transparency. I see his motions in the spirit of that.
We do see some merit in the three motions proposed today. I will go over each of them generally and then each of them in particular.
The motions aim at revealing the presence of connections between former public officeholders turned lobbyists and the departments where they previously served or had contact.
As an initial point, it is worth noting that there already exists in the Conflict of Interest and Post-Employment Code for Former Public Office Holders, time based prohibitions on former public officeholders lobbying back the departments where they worked. I know this is not in any specific motion but is worth noting. These amendments appear to be aiming a spotlight on those friendly relationships that might exist between former and current public officeholders and which might lead to undue influence.
I will turn specifically now to the three amendments before us today.
Motion No. 1 would apply to in house lobbyists employed by corporations and organizations. A corporation or organization is required to make a filing if the corporation or organization employs one or more persons who engage in lobbying, for example, communicating with public officeholders with respect to certain types of public business. This is listed in clause 7(1) and the aggregated time spent by all the employees constitutes a significant part, for example 20%, of the duties of one employee or would constitute a significant part of the duties if they were performed by only one employee.
Motion No. 1 would add to the information that must be disclosed by the corporation or organization to include disclosing the name of any employee engaged in lobbying activities who is a former public officeholder, as well as indicating what office they formerly held. The purpose of the motion, as we can determine, is to permit the public to identify those individuals who have greater influence as a lobbyist as a result of having held public office.
While the proposed motion would broaden the disclosure requirements, in our view this addition would appear to be not too onerous. Clause 7(3) already requires that organizations and corporations name all employees who do any lobbying. In addition, corporations must also name the senior officers of the corporation.
Bill C-15 would not require identifying those individuals as former public officeholders or the office that they held. The identity of public officeholders is of course public information and members of the public could, with some research, find out that information. They could make this connection. Still, having this information set out in the registry would save them research time.
It is my intention to support the first motion.
The second motion would require any former public officeholders turned lobbyists to name the particular public officeholder with whom they intended to communicate. The motion would require former public officeholders to name the person who is, so to speak, on the inside, whom they are attempting to influence. In our view this would represent a significant departure from the current approach of the act which requires only that the department itself be named without naming individuals.
In my view this does present some conceptual problems. Former public officeholders would have to know the identity of the person to whom they intended to speak before initiating contact. One thing that the member may want to clarify is what would happen if the former public officeholder went to speak to someone in the department and was then referred to someone else? How would this motion deal with that type of situation? From a practical point of view, could we not get around the motion by simply setting up an intermediary? How would the motion prevent public officeholders from simply setting up an intermediary between the person with whom they actually wanted to talk? How would the motion deal with that type of situation?
During the committee's review of the act it was generally expressed by the witnesses that they wanted to maintain as much contact with departments, bureaucrats, officials, members of Parliament and policymakers without creating a chill, if they could. In other words, they wanted a lobbyist registration system that was transparent and accountable without creating a chill.
In my view, while the idea of bill disclosure has some merits, I feel that with the unanswered problems that I posed, as well as with the overall concern of creating a chill, it is my intention to not support the second motion.
The third proposed motion would change the definition of “employee”. In the current act an employee includes an officer who is compensated for the performance of his or her duties. The motion would change the definition to any person who is compensated for the performance of his or her duties referred to in paragraph 1(a). The duties referred to in paragraph 7(1)(a) are what are commonly known as lobbying activities. The purpose of this is to expand the definition of “employee” for organizations and corporations to include not only officers but any person who lobbies. This would appear to aim at organizations and corporations that try to avoid registration by not naming the lobbyist as an officer.
I have to admit that initially I did not see much of a problem with this when I reviewed the legislation. However I do not think it is a harmful motion and therefore I would certainly offer my support to the third motion.