moved:
Motion No. 1
That Bill C-15, in Clause 7, be amended by adding after line 26 on page 8 the following:
“(h.3) if any employee named in the return is a former public office holder, a description of the offices held;”
Motion No. 2
That Bill C-15, in Clause 7, be amended by adding after line 26 on page 8 the following:
“(h.4) if any employee named in the return is a former public office holder, the names of the public office holders with whom the employee intends to communicate;”
Motion No. 3
That Bill C-15, in Clause 7, be amended by adding after line 40 on page 9 the following:
“(3.1) The definition “employee” in subsection 7(6) of the Act is replaced by the following:
“employee” includes any person who is compensated for the performance of the duties referred to in paragraph (1)(a);”
Mr. Speaker, it is a pleasure to rise to speak to these amendments to Bill C-15.
Bill C-15 is a comprehensive bill that upgrades and modernizes the Lobbyists Registration Act, a very important item of legislation that ensures accountability and transparency in the lobbying process. I have been involved in this legislation from time to time since its review in 1995, and while I certainly applaud the intent of the legislation, both its original intent and the legislation in its amended form under Bill C-15, I have long felt that there was an omission in the legislation. The motions I proposed are a first step to correcting those omissions.
The Lobbyists Registration Act as it stands, both now and with the Bill C-15 amendments, is primarily directed toward setting up a regime of transparency for the lobbyists. What happens is that various types of lobbyists are required to register with the lobbyists registrar, to identify themselves by company, by name, by individuals, and to identify the government department they intend to lobby.
That is all very well and good, but the reality is that for really effective transparency, what the public needs to know, what the public needs to have access to is not just who the lobbyists are but specifically who the lobbyists are lobbying.
At various times when this bill has been before committee, I have argued that the government should amend the legislation in such a way that bureaucrats, who are the targets of lobbyists, should be required to keep logs to indicate who has been lobbying them.
I have had a very difficult experience with the lack of this provision in fairly recent times. The House knows that I am a very great champion of the Access to Information Act, and freedom of information in general, and have long been concerned about the inadequacies of that legislation. However I had occasion to use that access to information legislation to do background on the animal cruelty bill that was before the House, and is now before the Senate.
I wanted to determine how certain policies were developed by the justice department that appeared in that legislation and where they came from with respect to the various groups that were obviously lobbying government. I had some real concerns because in its original form, the animal cruelty bill, which in the previous Parliament was called Bill C-17, had some very inappropriate and extreme measures slanted toward the animal rights movement and the extreme end of the animal rights movement, I would have said. This prompted me to try to determine how it came that the government should come up with policy that seemed to go toward the animal rights movement rather than to the animal management groups, like the farmers' groups and various other organizations that use animals.
When I tried to get this information, I certainly found who the lobbyists were. One of the lobby groups for instance was the International Fund for Animal Welfare. Another lobby group that was consulted was People for the Ethical Treatment of Animals. Members in the House will realize that both these groups are known to be very extreme in their approach to animal rights and often are on collision courses with other more moderate groups that use animals either in a clinical context for research or in a farm context.
What I was unable to find and what I would have really liked to have known was who these lobbyist organizations actually made contact with. Of course under the existing legislation it is impossible to determine that.
The reason that it is so important is not whether these organizations approached the Deputy Minister of Justice or some very high ranking official. What we really want to know is whether these lobbyist organizations approached middle level people, the invisible people who routinely write policy for government and who may be susceptible to the blandishments of skilled lobbyist.
There is another factor. In my riding I encountered complaints from organizations and individuals who found themselves in competition for government contracts. They complained that they lost the contract because another lobbyist organization had the advantage of a former officeholder, somebody who had been working in the department not many years earlier and now had left the department and was working for a lobbyist.
This raises a very delicate issue of fairness. We want an even playing field for anyone who is dealing with the government. We have no objection to lobbyists lobbying the government but we have to worry if people are trying to obtain government contracts or to access government programs and those people ought to have the advantage of knowing whether their lobbyist competitors have the advantage of a former officeholder. As it sits right now in the legislation, there is no way of anyone knowing that.
The further problem is that lobbying is a multimillion dollar industry in Ottawa. We know it to be so. The problem is that what no one knows in this business of lobbying is how extensively spread are the former officeholders. We are not talking about necessarily former ministers of the crown. We are talking about people who could be former deputy minsters or assistant deputy ministers. It goes on and on down through the various levels of government where we might have somebody who was a purchasing agent for a government department or somebody in a government department who recommended purchases who has quit the department and who now works for a lobbyist. These are the things we cannot see. These are the things that we need to see.
What the first motion would do is it would require lobbyists, when they register, to indicate whether or not they were a former officeholder by indicating what roles they performed in the federal government.
I would suggest that this is a very simple thing to do. Once a person has registered as a former officeholder with the lobbyist registrar that would be permanently on the record and would be easily accessible for many times.
One might argue that this something that should be put on the record indefinitely. I suggest that yes, indeed it should be put on the record indefinitely because I think the public has the right to know this.
The second motion would require these former officerholders to indicate who the individual is that they are lobbying.
I would have preferred the bureaucracy keeping logs of when they are lobbied. We would get that information through the Access to Information Act. This is another way of accomplishing the same thing.
I would suggest that the registrar can define the parameters, but I see nothing wrong with former officeholders indicating who they are lobbying, because obviously it is going to be somebody who is a former friend, somebody who is a former contact, and lobbying each time. It would not stop the process of the lobbyists. It would merely indicate, for the benefit of those of us who ought to know, who it is in the government and at what level is being lobbied on any particular issue, especially whether that person is being lobbied by a former officeholder.
The third motion merely sorts out an inadequacy in the legislation. It specifically defines an employee in terms of the description of the duties of a lobbyist in section 7. It is something that ought to have been in the original legislation, and I have attempted to correct it on behalf of the government.