Transparency of Interest Representatives (FR0049)

Ensuring greater transparency in representatives of interests’ activities
Lead institution(s):
High Authority for Transparency in Public Life (HATVP)
New commitment
OGP principles with which the commitment is associated:
Access to information, participation, accountability, transparency
Challenges
As the OECD stresses in its “Recommendation on Principles of Transparency and Integrity in Lobbying” published in 2010, “information and communication technologies” should “enable stakeholders – including civil society organisations, businesses, the media and the general public – to scrutinise lobbying activities”. Also, open publication of data from the repository of information on representatives of interests would enable (when, for example, it is confronted with other data on parliamentary deliberations) improved clarity in production of standards.
Enacted in December 2016, the law bearing on transparency, the fight against corruption, and modernisation of economic life (“Sapin 2”) entrusted the High Authority for Transparency in Public Life with creation of a digital repository of data on representatives of interests. For the first time in France, this aims to provide citizens with information on representatives of interests and their relations with public officials when public decisions are made.
Objectives
Ensuring transparency in the digital repository of representatives of interests.
The scheme will be implemented in three phases:
1 July to 1 September 2017: registration of representatives of interests in the repository
(type of organisation, contact details, identity of directors, customers, activity field,
etc.). A breaking-in period has been allowed for up until 31 December 2018;
1 January to 30 April 2018: publication of reports on representation of interests actions carried out over the second half of 2017 (interests represented, actions carried out,
public officials targeted, related expenditure, etc.);
as from 1 July 2018: extension of the system to relations between representatives of
interests and local authority and central administration officials.
During 2018, the High Authority will also facilitate exploitation of and additions to the repository of representations of interests by:
making the repository’s source code available
opening data on identities of representatives of interests
It will also call upon civil society to contribute to thinking on making data on representation of interests actions available, with a view to its publication in open data during the first half of 2018.
The road map in detail

Organising one or more workshops in order to associate civil society with thought on criteria for making the data repository available and its enrichment 1st half 2018
Opening the repository’s source code 2nd half 2018
Publishing, in an open and easily reusable format, data from the repository of information on representatives of interests 1st half 2018
Publishing, in an open and easily reusable format, the list of public officials regarding whom a communication may constitute an action of representation of interests 2nd half 2018

20. Ensuring greater transparency in representatives of interests’ activities

Language of the commitment as it appears in the action plan:

As the OECD stresses in its “Recommendation on Principles of Transparency and Integrity in Lobbying” published in 2010, “information and communication technologies” should “enable stakeholders – including civil society organisations, businesses, the media and the general public – to scrutinise lobbying activities”. Also, open publication of data from the repository of information on representatives of interests would enable (when, for example, it is confronted with other data on parliamentary deliberations) improved clarity in production of standards.

Enacted in December 2016, the law bearing on transparency, the fight against corruption, and modernisation of economic life (“Sapin 2”) entrusted the High Authority for Transparency in Public Life with creation of a digital repository of data on representatives of interests. For the first time in France, this aims to provide citizens with information on representatives of interests and their relations with public officials when public decisions are made.

The scheme will be implemented in three phases:

• 1 July to 1 September 2017: registration of representatives of interests in the repository (type of organisation, contact details, identity of directors, customers, activity field, etc.). A breaking-in period has been allowed for up until 31 December 2018;
• 1 January to 30 April 2018: publication of reports on representation of interests actions carried out over the second half of 2017 (interests represented, actions carried out,

public officials targeted, related expenditure, etc.);

• as from 1 July 2018: extension of the system to relations between representatives of interests and local authority and central administration officials.

During 2018, the High Authority will also facilitate exploitation of and additions to the repository of representations of interests by:

• making the repository’s source code available
• opening data on identities of representatives of interests

It will also call upon civil society to contribute to thinking on making data on representation of interests actions available, with a view to its publication in open data during the first half of 2018. [84]

Milestones

20.1 Organising one or more workshops in order to associate civil society with thought on criteria for making the data repository available and its enrichment

20.2 Opening the repository’s source code

20.3 Publishing, in an open and easily reusable format, data from the repository of information on representatives of interests

20.4 Publishing, in an open and easily reusable format, the list of public officials regarding whom a communication may constitute an action of representation of interests

Start Date: 2018

End Date: 2018

Context and Objectives

France introduced a digital repository of data on representatives of interests with the law bearing on transparency, the fight against corruption, and modernization of economic life (“Sapin 2”), adopted in 2016. This commitment contributes to the implementation of the Sapin 2 law. It would involve civil society in brainstorming how the data should be presented. It would open the source code, which would allow anyone to inspect, modify, and enhance the software. It would also publish data contained in the register and the list of public officials with whom communication could constitute a form of lobbying.

This commitment aims to provide citizens with access to new information regarding lobby groups who seek to influence decision makers, making it relevant to access to information. It also contains a participative dimension within the first milestone, making it relevant to the OGP value of civic participation.

Overall, the commitment is specific enough to be verifiable. The milestones contain a sufficient level of detail to be able to be assessed (e.g., open the source code, publish the register in an open and reusable format).

This initiative has a potentially transformative effect. The publication of data on lobby groups and relevant public officials would be a major step toward improving the transparency of decision making and toward a clearer legislative footprint. This commitment largely consists of the implementation of a law adopted in 2016. At that time, several civil society organizations (including Regards Citoyens and Transparency International France, as well as the implementing agency itself —the High Authority for the Transparency of Public Life—and the Syndicat de la Magistrature) raised concerns about the watering down of the initial bill. They cited the absence of obligation for lobbyists to publish their positions, amendments, bills, etc. [85] They also cited the exclusion of certain groups, such as religious organizations, [86] and the insufficient information required from lobbyists. [87]

Next steps

The IRM researcher recommends that the commitment be prioritized in the next action plan and that:

• The commitment links to Commitment 21 and include the possibility of linking the register with the database of officials’ assets and interests;
• The commitment includes an evaluation of the existing register;
• The commitment furthers its ambition to include interest groups’ and their representatives’ positions on various issues;
• The commitment includes the aim to make interest groups disclose the specific laws they seek to influence;
• The commitment includes all groups that seek to influence policy makers, including religious groups and associations of elected officials; and
• The commitment requires the publication of policy makers’ calendars, from the legislative and executive branches of government, to make the legislative footprint more visible.

20. Ensuring greater transparency in representatives of interests’ activities

Completion: Substantial

For details regarding implementation and early results, see Section 2.3.