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Encyclopedia > Lobbying

Lobbying is a concerted effort designed to effect influence, typically over government authorities and elected officials. It can consist of the outreach of legislative members, public actions (e.g. mass demonstrations), or combinations of both public and private actions (e.g. encouraging constituents to contact their legislative representatives). As a professional occupation it is also known as "government affairs" or "public affairs". Practitioners may work in specialist organizations or as part of government relations or as public relations consultancies. Public affairs may refer to: Public affairs, lobbying governments for the purpose of advancing public policy outcomes favorable to those funding or directing the efforts Public affairs (military), the public relations efforts of the United States military Public affairs programming, which refers, in the broadcasting industry, programming which focuses on... An official is, in the primary sense, someone who holds an office in an organisation, of any kind. ... This article is about the political effort. ... // The term Public Relations was first used by the US President Thomas Jefferson during his address to Congress in 1807. ...

Contents

Etymology

The supposed origins of the term "lobbyist" vary. One story states that the term originated at the Willard Hotel in Washington, DC, where it was used by Ulysses S. Grant to describe the political wheelers and dealers frequenting the hotel's lobby in order to access Grant who was often found there, enjoying a cigar and brandy. The main facade of the Willard InterContinental The Willard InterContinental Washington is a historic and expensive hotel located equidistant from the White House and the National Mall in Washington, DC. Among its facilities are numerous luxurious guest rooms, several restaurants, the famed Round Robin Bar, and voluminous function rooms. ...



Research done by Deanna Gelak, a former president of the American League of Lobbyists, for a forthcoming book on lobbying to be published by TheCapitol.Net in 2008, shows that the term "lobbying" appeared in print as early as 1820:

Other letters from Washington affirm, that members of the Senate, when the compromise question was to be taken in the House, were not only "lobbying about the Representatives' Chamber," but were active in endeavoring to intimidate certain weak representatives by insulting threats to dissolve the Union.

 
— April 1, 1820, New Hampshire Sentinel (America's Historical Newspapers)

Lobbying by country

United States

Many jurisdictions, in response to concerns of corruption, require the formal registration of lobbyists who come in contact with government representatives. Since 1995, under the federal Lobbying Disclosure Act (2 U.S.C. § 1601 et seq.), most persons who are paid to make direct "lobbying contacts" with members of Congress and officials of the federal executive branch are required to register and file reports twice a year. Lobbying in the United States targets the United States Senate, the United States House of Representatives, and state legislatures. ... Title 2 of the United States Code outlines the role of Congress in the United States Code. ... Et seq, an abbreviation of the Latin phrase et sequentia meaning and the following ones, is a legal term indicating that a writer is citing to a page and the pages that follow. ... Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political...


However, There are ongoing conflicts between organizations that wish to impose greater restrictions on lobbing activities, and groups that argue that such restrictions infringe on the right to petition government officials, which is a right guaranteed by the First Amendment to the Constitution of the United States. The right to petition is the freedom of individuals (and sometimes groups and corporations) to petition their government for a correction or repair of some form of injustice without fear of punishment for the same. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme...


For example, in January 2007, the U.S. Senate considered S. 1, an omnibus "ethics reform" bill. This bill contained a provision (Section 220) to establish federal regulation, for the first time, of certain efforts to encourage "grassroots lobbying." The bill said that "'grassroots lobbying' means the voluntary efforts of members of the general public to communicate their own views on an issue to Federal officials or to encourage other members of the general public to do the same." This provision was opposed by a broad array of organizations, including the American Civil Liberties Union, the National Right to Life Committee, and the National Rifle Association, who argued that attempts by constituents to influence their representatives are at the heart of representational democracy, and that neither such contacts nor efforts to motivate such contacts should be considered "lobbying." On January 18, 2007, the U.S. Senate voted 55-43 to strike Section 220 from the bill. However, other proposed regulations on "grassroots lobbying" remain under consideration in the 110th Congress. The American Civil Liberties Union (ACLU) is the common name for an American organization consisting of two separate entities. ... The National Right to Life Committee is a right to life/pro-life organization, that was founded in in Detroit as a non-sectarian, non-partisan group, opposed to abortion, euthanasia and infanticide. ... This article concerns the National Rifle Association of the USA. For the UK organisation, see National Rifle Association of the United Kingdom The National Rifle Association, or NRA, is a non-profit group for the promotion of marksmanship, firearm safety, and the protection of hunting and personal protection firearm rights...


Another controversial bill, the "Executive Branch Reform Act, H.R. 985, would require over 8,000 Executive Branch officials to report into a public database nearly any "significant contact" from any "private party." Although promoted as a regulation on "lobbyists," the bill defines "private party" as any person or entity" except "Federal, State, or local government official or a person representing such an official." Thus, under the proposal, anyone who contacts a covered government official is in effect deemed to be a lobbyist, unless the communicator is another government official or government staff person. The bill defines "significant contact" to be any "oral or written communication (including electronic communication) . . . in which the private party seeks to influence official action by any officer or employee of the executive branch of the United States." The bill is supported by some organizations as an expansion of "government in the sunshine," but other groups oppose it as an infringing on the right to petition by making it impossible for citizens to communicate their views on controversial issues without having their names and viewpoints entered into a government database.[1] The U.S. Department of Justice has raised constitutional and other objections to the bill.[2] The Executive Branch Reform Act (H.R. 984) is a bill under consideration in the Congress of the United States which would require thousands of federal officials to report into a government database the names of persons who contact them attempting to influence government policies or actions. ... The United States Department of Justice (DOJ) is a Cabinet department in the United States government designed to enforce the law and defend the interests of the United States according to the law and to ensure fair and impartial administration of justice for all Americans. ...


The U.S. Supreme Court has rejected congressional efforts to regulate grassroots communications as a form of “lobbying," on constitutional grounds. In 1953, in a suit involving a congressional resolution authorizing a committee to investigate “all lobbying activities intended to influence, encourage, promote, or retard legislation,” the Supreme Court narrowly construed “lobbying activities” to mean only “direct” lobbying (which the Court described as “representations made directly to the Congress, its members, or its committees”), and rejected a broader interpretation of “lobbying” out of First Amendment concerns. [United States v. Rumely, 345 U.S. 41 (1953).] The Supreme Court thereby affirmed the earlier decision of the U.S. Court of Appeals for the District of Columbia Circuit, which said: The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... The United States Court of Appeals for the District of Columbia Circuit, or called simply the DC Circuit Court, is the federal appellate court for the U.S. district court in Washington, DC. Appeals from the DC Circuit, as with all the US Courts of Appeals, are heard by the...

In support of the power of Congress it is argued that lobbying is within the regulatory power of Congress, that influence upon public opinion is indirect lobbying, since therefore attempts to influence public opinion are subject to regulation by the Congress. Lobbying, properly defined, is subject to control by Congress, . . . But the term cannot be expanded by mere definition so as to include forbidden subjects. Neither semantics nor syllogisms can break down the barrier which protects the freedom of people to attempt to influence other people by books and other public writings. . . . It is said that lobbying itself is an evil and a danger. We agree that lobbying by personal contact may be an evil and a potential danger to the best in legislative processes. It is said that indirect lobbying by the pressure of public opinion on the Congress is an evil and a danger. That is not an evil; it is a good, the healthy essence of the democratic process. . . .

 
— [Rumely v. United States, 197 F.2d 166, 173-174, 177 (D.C. Cir. 1952).]

European Union

History

Lobbying in Brussels was only born in the late 1970s. Up to that time, “diplomatic lobbying” at the highest levels remained the rule. There were few lobbyists involved in the system and except for some business associations, representative offices were rarely used. The event that sparked the explosion of lobbying was the first direct election of the European Parliament in 1979. Up until then the Parliament consisted complex, and companies increasingly felt the need of an expert local presence to find out what was going on in Brussels. The foundation of lobbying was therefore the need to provide information. From that developed the need to influence the process actively and effectively . The next important step in lobbying development was the Single European Act of 1986 which both created the qualified majority vote for taking decisions in the Council and enhanced the role of the Parliament, again making EU legislation more complex and lobbying more important and attractive for stakeholders. In short, the stronger the EU developed from a Member States organization to an own political player in the world, the more policy areas it covered, the more important it became as a lobbying target. With the EU enlargement in 2004 this development has taken a further step, bringing in not only a lot more players and stakeholders but also a wide range of different political cultures and traditions. For other places with the same name, see Brussels (disambiguation). ... Established 1952, as the Common Assembly President Hans-Gert Pöttering (EPP) Since 16 January 2007 Vice-Presidents 14 Rodi Kratsa-Tsagaropoulou (EPP) Alejo Vidal-Quadras (EPP) Gérard Onesta (Greens – EFA) Edward McMillan-Scott (ED) Mario Mauro (EPP) Miguel Angel Martínez Martínez (PES) Luigi Cocilovo (ALDE) Mechtild... Also: 1979 by Smashing Pumpkins. ... The Single European Act (SEA) was the first major revision of the Treaty of Rome. ... A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority in order to have effect. ... Established 1952 Presiding Country Portugal President Luís Amado President in Office José Sócrates Members 27 (at one time) Political parties 7, including: European Peoples Party Party of European Socialists Meeting place Justus Lipsius, Brussels, Belgium, European Union Web site http://www. ... The European Union (EU) was created by six founding states in 1957 (following the earlier establishment by the same six states of the European Coal and Steel Community in 1952) and has grown to 27 member states. ...


In the wake of the Abramoff scandal in Washington and in light of the massive impact that this had on the lobbying scene in the U.S.A., the rules for lobbying in the EU — which until now only consist of a non-binding code of conduct — may also be tightened[3]. This article is being considered for deletion in accordance with Wikipedias deletion policy. ... For other uses of terms redirecting here, see US (disambiguation), USA (disambiguation), and United States (disambiguation) Motto In God We Trust(since 1956) (From Many, One; Latin, traditional) Anthem The Star-Spangled Banner Capital Washington, D.C. Largest city New York City National language English (de facto)1 Demonym American...


Current practice

The fragmented nature of EU institutional structure provides multiple channels through which organized interests may seek to influence policy-making. Lobbying takes place at the European level itself and within the existing national states. The most important institutional targets are the Commission, the Council, and the European Parliament.[4] The Commission has a monopoly on the initiative in Community decision-making. Since it has the power to draft initiatives, it makes it ideally suited as an arena for interest representation. There are three main channels of indirect lobbying of the Council. First, interest groups routinely lobby the national delegations in Brussels,; the second indirect means of lobbying the Council is for interest groups to lobby members of the many Council-working groups. The third means of influencing the Council is directly via national governments. As a consequence of the co-decision procedures, the European Parliament attracts attention from lobbyists who target the rapporteur and the chairman of the committee. The rapporteurs are MEPs appointed by Committees to prepare the parliament’s response to the Commission’s proposal and to those measures taken by the Parliament itself. Berlaymont, the Commissions seat The European Commission (formally the Commission of the European Communities) is the executive branch of the European Union. ... Advocacy is an umbrella term for organized activism related to a particular set of issues. ... Rapporteur (derived from French) is used in international and European legal and political contexts to refer to a person appointed by a deliberative body to investigate an issue or a situation, and report back to that body. ... A Member of the European Parliament (English abbreviation MEP)[1] is a member of the European Unions directly-elected legislative body, the European Parliament. ...


There are currently around 15,000 lobbyists in Brussels (consultants, lawyers, associations, corporations, NGOs etc.) seeking to influence the EU’s legislative process. Some 2,600 special interest groups have a permanent office in Brussels. Their distribution is roughly as follows: European trade federations (32%), consultants (20%), companies (13%), NGOs (11%), national associations (10%), regional representations (6%), international organizations (5%) and think tanks (1%), (Lehmann, 2003, pp iii).[citation needed] For other places with the same name, see Brussels (disambiguation). ...


United Kingdom

In the United Kingdom lobbying traditionally referred to the attempt to influence an MP's vote by either their fellow parliamentary colleagues, by one of their constituents or by any outside organisation. More recently the term has narrowed in its usage to mainly refer to the operation of "lobbyists" hired to represent the views of an organisation. [5] This industry has been steadily growing in recent years and is now estimated to be worth £1.9 billion and employ 14000 people.[citation needed] A recent report by the Hansard Society has shown some MPs are approached over 100 times a week.[citation needed]. A Member of Parliament, or MP, is a representative elected by the voters to a parliament. ... Constituent may mean; Constituent (linguistics) Constituent (politics) Category: ... The Hansard Society was formed in 1944 to promote parliamentary democracy. ...


The Association of Professional Political Consultants (APPC) is a self regulatory body for UK public affairs companies. Its code of conduct promotes 'transparency' and forbids certain practices, such as making payments to MPs.


"Sale" of peerages

Main article: Cash for Peerages

In addition to "open" lobbying, the United Kingdom, political parties have been accused of trying to raise campaign funds by offering peerages and other honors. Since peers sit in the House of Lords, part of the UK legislature, they are in a position to initiate or amend Bills on their way to becoming Acts of Parliament - a very influential position. The rules of Parliament do, however, require participants in debates to 'declare their interest'. The 'sale' of peerages is a criminal offence. To circumvent this law, it is alleged that some contributions thus solicited, are given, not as outright gifts but as loans.[6] Cash for Peerages (also Loans for Peerages, Cash for Honours, Loans for Honours) is the name given by some in the media to a political scandal in the United Kingdom in 2006 and 2007 concerning the connection between political donations and the award of life peerages. ... A political party is a political organization subscribing to a certain ideology or formed around very special issues. ... The Peerage is a system of titles of nobility which exists in the United Kingdom and is one part of the British honours system. ... This article is about the British House of Lords. ... In Westminster System parliaments, an Act of Parliament is a part of the law passed by the Parliament. ... for other uses please see Crime (disambiguation) A crime is an act that violates a political or moral law. ...


Lobbyists are present in all levels of government.


Eastern Europe

Only countries where lobbying is regulated in parliament bills are: Georgia (1998), Lithuania (2001) and Poland (2005). All require registration of professional lobbyists. So far, there is no complex lobbying regulation in other European countries. There were many attempts, but with no satisfactory results.


References

  1. ^ Memorandum: "Congressman Waxman advances grave new threat to citizens’ ‘right to petition’ government officials," by Douglas Johnson and Susan Muskett, J.D., National Right to Life Committee, February 20, 2007.
  2. ^ Letter from Richard D. Hertling, Acting Assistant Attorney General, Office of Legislative Affairs, U.S. Department of Justice, to the Honorable Henry A. Waxman, Chairman, Committee on Oversight and Government Reform, U.S. House of Representatives, March 8, 2007.
  3. ^ Green Paper on European Transparency Initiative European Commission, 2006. Retrieved August 4, 2007
  4. ^ Kierkegaard, Sylvia (2005) How the Cookie (almost crumbled). Computer Law and Security Report Vol.21 Issue 4
  5. ^ Lobbying, BBC. Retrieved August 4, 2007.
  6. ^ Police loans inquiry is widened, BBC.
  • Geiger,: EU Lobbying handbook, A guide to modern participation in Brussels, 244 pages, ISBN 3-9811316-0-6, Helios Media GmbH, 2006 (http://www.helios-media.com/de/information/buecher/lobbying_handbuch.php)
  • Geiger, Andreas: From a lobbyist's point of view, European Agenda 1/2006)
  • The Bulletin, 16 March 2006, p. 14, Lobbying Europe: facts and fiction
  • The European Lawyer, December 2005/January 2006, p. 9, The lobbyists have landed
  • Financial Times, 3 October 2005, p. 8, Brussels braces for a U.S. lobbying invasion
  • Public Affairs News, November 2004, p. 34, Judgement Call
  • The European Lawyer, December 2004/January 2005, p. 26, Lifting the lid on lobbying
  • Geiger, Andreas: Lobbyists — the Devil’s Advocates?, European Competition Law Review, Volume 24, issue 11/2003, p. 559
  • Wiszowaty, Marcin: Legal Regulation of Lobbying in New Members States of the European Union, Arbeitspapiere und Materialien - Forschungsstelle Osteuropa an der Universitat Bremen, No. 74: Heiko Pleines (ed.): Participation of Civil Society in New Modes of Governance. The Case of the New Member States. Part 2: Questions of Accountability. February 2006
  • Lobbying (Web). BBC News: Politics. BBC (22 December 2005). Retrieved on 2007-01-30.
  • Police loans inquiry is widenened (Web). BBC News: Politics. BBC (30 March 2006). Retrieved on 2007-01-30.

Berlaymont, the Commissions seat The European Commission (formally the Commission of the European Communities) is the executive branch of the European Union. ... is the 216th day of the year (217th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... For other uses, see BBC (disambiguation). ... is the 216th day of the year (217th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... The European Competition Law Review (ECLR) is a monthly journal published by Sweet & Maxwell and dedicated to international competition law. ... For other uses, see BBC (disambiguation). ... is the 356th day of the year (357th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 30th day of the year in the Gregorian calendar. ... For other uses, see BBC (disambiguation). ... is the 89th day of the year (90th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 30th day of the year in the Gregorian calendar. ...

See also

Public affairs is a catch-all term that includes public policy as well as public administration, both of which are closely related to and draw upon the fields of political science as well as economics. ... Energy Lobby is the umbrella term used to name the paid representatives of large oil, gas, coal, and electric utilities corporations who attempt to influence governmental policy. ... This article is about political advocates. ... The Pharmaceutical lobby, also known as the drug lobby, refers to the paid representatives of large pharmaceutical and biomedicine companies who seek to influence government policy. ...

External links

United States

The Center for Public Integrity is a nonprofit news organization dedicated to producing investigative reporting on public officials, government policy and its effects[1]. // Located in Washington, DC, USA, the Center for Public Integrity produces reports aimed to provide transparent and insightful reporting. ... This article or section does not cite its references or sources. ... SourceWatchs former logo features a magnifying glass through which its previous name, somewhat distorted, can be seen. ...

Europe


  Results from FactBites:
 
U.S. Senate: Legislation & Records Home > Lobbying Disclosure (217 words)
The Lobbying Disclosure Act of 1995 established criteria for determining whether an organization or firm should register their employees as lobbyists.
Senate Lobbying Disclosure Records, updated daily, can be viewed by the public.
The Lobbying Disclosure Act Guidance provides information on interpretation of the law by the Secretary of the Senate and the Clerk of the House.
U.S. Senate: Reference Home > Virtual Reference Desk > Lobbying (180 words)
Lobbying is the practice of trying to persuade legislators to propose, pass, or defeat legislation or to change existing laws.
The Lobbying Disclosure Act of 1995 establishes criteria for determining when an organization or firm should register their employees as lobbyists.
The Office of Public Records receives, processes, and maintains for public inspection records filed with the Secretary of the Senate involving the Lobbying Disclosure Act, the Federal Election Campaign Act, the Ethics in Government Act, the Mutual Security Act, and the Senate Code of Official Conduct.
  More results at FactBites »

 

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