Lobbying Transparency (LV0031)

DECISION-MAKING PROCESS AND OPENNESS
lobbying
DEADLINE:
2017 2nd half - 2019 1st half
WHAT ARE THE STATE AND THE PUBLIC INTEREST ISSUES WHICH HELPS MEETING THIS
COMMITMENT?
Openness towards the public and the obligation to inform the public about its activities in the State Administration
Structure Law 29 defined public administration principles. Open and accessible to the public state institutions is a
prerequisite for good governance. Lack of transparency in decision-making undermines public understanding of the
work of state institutions and confidence in them.
An open and transparent decision-making process involves both public information about state institutions developed
and decisions, as well as their interpretation, giving the public the benefits and also the basis on which these
decisions are developed and adopted. Openness contributes to more robust, higher quality and more relevant
decisions in the public interest by reducing the risk that decisions are taken without an objective basis or a narrow,
unknown to the general public, interest affects.
The issue of transparency in the decision-making process is not sufficiently actualized as public administration and other state
bodies ethical and cultural issue. Promote discussion and understanding of the openness and reasoned decision of the role
and benefits of encouraging a change in attitudes, including greater tolerance of lack of openness.
Transparency in decision-making is an important issue - to ensure transparency in lobbying. Solving a
problem has its roots in 2008. MK 2008
28th July Order No. 435 "On the concept of" legal regulation of lobbying need Latvian '' 30 contained solution -
lobbying transparency guiding principles established at the national and local government code of ethics and to
amend the legislation. Since 2008, most state and local government code of ethics for lobbying transparency
guiding principles were included. However, they are more declarative and practical steps to ensure the
transparency of lobbying bodies are not made. This is largely due to the lack of understanding of what should be
considered as lobbying and lobbyists.
29 See: https://likumi.lv/doc.php?id=63545
30 The concept of "legal regulation of lobbying need to Latvian." View: http://polsis.mk.gov.lv/
4th
COMMITMENT
LATVIAN OPEN MANAGEMENT THIRD NATIONAL ACTION PLAN 26
Amendments in accordance with that concept was necessary in the following laws and regulations: MK
March 6, 2007 Regulation No. 171 'Procedures by which Institutions Place Information on the Internet, provided by the Saeima' ',
the Cabinet of Ministers of 12 March 2002 Regulation No. 111 '' the Cabinet of Ministers Rules of Order '' Law '' On Local
Governments '' and the Criminal Law. Part of the amendment has been prepared, but none of them entered into force.
2017 June 9, the President Raimonds Vejonis established legal environment development commission seminar
"Lobbying regulation at Latvian" confirmed lobbying transparency momentum Latvian and the need to promote it.
Therefore, it was recommended OGP framework to build a platform for an open discussion on what has been
lobbying for, what are the related problems and to promote transparency in lobbying.
OECD Council Recommendation on lobbying transparency and integrity principles 31 OECD Member States on the following
requirements:
• to ensure that all interested parties a fair and equal access to public institutions in policy development and
implementation;
• lobbying legislation must be dealing with lobbying related to management shortcomings and in
compliance with each country's socio-political and administrative contexts;
• to provide an appropriate level of transparency to the public administration, citizens and business environment
have sufficient information on the ongoing lobbying and the public can exercise its supervisory function;
• promote integrity-based culture in public institutions and decision-making by providing clear rules
and standards of conduct for officials.
WHAT IS COMMITMENT?
Facilitate decision-making process in state institutions and lobbying transparency:
• identify key lobbying and its lack of openness the challenges of legislative and executive bodies
and the identification of various stakeholders vision of the solutions;
• raise awareness of transparency in the decision-making process, the decision and the reasons for explaining to the
public the introduction of common values and ethical principles in public administration.
HOW TO COMMITMENT will be introduced and the solution to these problems?
The commitment will be implemented by organizing a debate on lobbying and introducing measures providing information on
shared values and ethical principles in public administration, including transparency
31 OECD. "C (2010) 16 Recommendation of the Council on Principles for Transparency and Integrity in Lobbying".
2010 View: http://acts.oecd.org/Instruments/ShowInstrumentView.aspx?InstrumentID=256&
LATVIAN OPEN MANAGEMENT THIRD NATIONAL ACTION PLAN 27
and information as to the basis on which decisions are made. Commitment to contribute to the transparency and integrity of public
administration aimed at cultural formation.
HOW TO MEET COMMITMENT OGP VALUES?
Commitment to comply with the OGP values - openness, accountability and public participation. Commitment
to provide greater public access to information, quality information, it is focused on greater public
accountability for the decisions taken.
ADDITIONAL INFORMATION
Compliance with international obligations
• UN Sustainable Development 16.6. Sub "Developing an effective, accountable and transparent
institutions at all levels"
INTERMEDIATE OBJECTIVES
1 Organize focus group discussions on lobbying transparency
01.01.2018. - 01.07.2019.
RESPONSIBLE PUBLIC AUTHORITIES
State Chancellery and the Corruption Prevention and Combating Bureau
MEASURE THE IMPLEMENTATION OF RELEVANT PARTNERS
Center for Public Policy "PROVIDUS" Latvian
Free Trade Union

4. Transparency of decision-making and lobbying

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

Editorial Note: The Latvian government did not submit an official English translation of its 2017−2019 to OGP. Therefore, the original Latvian version as it appears in the action plan can be viewed below. For the full text of this commitment, please see the Latvia 2017−2019 action plan here: https://www.mk.gov.lv/sites/default/files/editor/atvertas-parvaldibas-plans2017.pdf.

Veicināt lēmumu pieņemšanas procesa valsts institūcijās un lobēšanas atklātumu:

• identificēt galvenās ar lobēšanu un tās atklātības trūkumu saistītās problēmas likumdošanas un izpildvaras institūcijās un apzināt dažādu iesaistīto pušu redzējumu par to risinājumu;
• veicināt izpratni par atklātību lēmumu pieņemšanas procesā, lēmumu un to pamatojuma izskaidrošanu sabiedrībai, ieviešot vienotas vērtības un ētikas principus valsts pārvaldē.

Milestone

4.1. Organizēt fokusa grupu diskusijas par lobēšanas atklātību

Start Date: 1 Jul. 2017

End Date: 30 Jul. 2019

Context and Objectives

This commitment continues from Latvia’s first action plan (2013−2014) [23] and second action plan (2015−2017). [24] During the first plan, a draft law was submitted to the Cabinet of Ministers [25]. Instead, the Cabinet of Ministers asked if changes to other laws could better ensure lobbying transparency. The Corruption Prevention and Combating Bureau (CPCB) offered recommendations to the Parliament committee, but they were not implemented until the beginning of this action plan. [26]

While decision-making in Latvia is generally transparent, it can still be opaque. For example, ministry officials and parliamentarians are not obliged to reveal meetings with special interest groups. Leaked records of conversations of influential politicians revealed how financial business interests can sway public institutions and the media. [27]

This commitment aims to introduce a joint understanding of ethics in public administration and gather stakeholder input on lobbying through focus groups. However, it is unclear how these discussions will develop policy to ensure transparent lobbying. The action plan does not explain how the focus group discussions will be organized or which groups will be involved. It is also unclear if findings from the discussions will be used and if they will result in any policy document. Therefore, the potential impact is minor.

Next steps

Lobbying transparency is an important policy area in Latvia requiring further discussion and governmental action. Considering the recent parliamentary changes after the October 2018 elections, [28] the CPCB and interested NGOs could plan more ambitious commitments around lobbying transparency and accountability with support from the new Parliament.

Passing robust lobbying transparency legislation requires wide consultations with stakeholders, including politicians, lobbying groups, advocacy CSOs, media, and representatives of public administrations. The next action plan could include a commitment on developing lobbying regulations with involvement from these stakeholders. The next step would be to identify expected outcomes of these consultations.

[23] Government of Latvia, Open Government Partnership Action Plan of Latvia (OGP, 2012), https://www.mk.gov.lv/sites/default/files/editor/latvijas_pirmais_nacionalais_ricibas_plans_ogp_2012.g._eng.pdf.

[24] Government of Latvia: Cabinet of Ministers, Second National Action Plan of Latvia (OGP, 23 Dec. 2014), https://www.mk.gov.lv/sites/default/files/editor/ogp_2_plans_aktualizets_05.12.2016_eng_clean.pdf.

[25] State Chancellery, “Draft legislation of the Cabinet of Ministers of the Republic of Latvia, Draft Law on Lobbying, http://tap.mk.gov.lv/lv/mk/tap/?pid=40253850

[26] Zinta Miezaine, Independent Reporting Mechanism (IRM): Latvia End-of-Term Report 2015–2017 (OGP, 2017), https://www.opengovpartnership.org/wp-content/uploads/2018/10/Latvia_EOT_Report_2015-2017_EN.pdf.

[27] Ir, “Oligarchs in hotel "Ridzene"” (2017),  https://web.archive.org/web/20170803080641/http://www.irlv.lv/ridzenessarunas/.

[28] Central Election Commission, “13. Election of the Saeima” (accessed 28 Feb. 2019), https://sv2018.cvk.lv/pub/ElectedCandidates.

4. Transparency of decision-making and lobbying

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

Editorial Note: The Latvian government did not submit an official English translation of its 2017−2019 to OGP. Therefore, the original Latvian version as it appears in the action plan can be viewed below. For the full text of this commitment, please see the Latvia 2017−2019 action plan here: https://www.mk.gov.lv/sites/default/files/editor/atvertas-parvaldibas-plans2017.pdf.

Veicināt lēmumu pieņemšanas procesa valsts institūcijās un lobēšanas atklātumu:

• identificēt galvenās ar lobēšanu un tās atklātības trūkumu saistītās problēmas likumdošanas un izpildvaras institūcijās un apzināt dažādu iesaistīto pušu redzējumu par to risinājumu;
• veicināt izpratni par atklātību lēmumu pieņemšanas procesā, lēmumu un to pamatojuma izskaidrošanu sabiedrībai, ieviešot vienotas vērtības un ētikas principus valsts pārvaldē.

Milestone

4.1. Organizēt fokusa grupu diskusijas par lobēšanas atklātību

Start Date: 1 Jul. 2017

End Date: 30 Jul. 2019

While decision-making in Latvia generally is transparent, ministry officials and parliamentarians do not have to reveal meetings with special interest groups. This commitment aimed to introduce a joint understanding of ethics in public administration and gather stakeholder input on lobbying. [17]

The Corruption Prevention and Combating Bureau (CPCB) fully implemented this commitment. The CPCB developed amendments to the Rules of Procedure of Parliament which were supported by the Legal Committee of the Parliament on 14 November 2017. The amendments call for:

• disclosing proposals and amendments to draft laws by parliamentarians as well as information on which interest groups or individuals were consulted during the construction of each proposal or amendment;
• publishing committee agendas, committee guests (NGOs, experts, etc.), and any documents received prior to committee meetings (letters, opinions on drafts, parliamentarian proposals, etc.);
• ensuring equal opportunities to participate in consultations for all formal and informal groups, as well as and individuals, and providing information on consultations; and
• providing the Committee of Mandates and Ethics the right to initiate cases on unethical behavior which requires parliamentarians to inform their committees of potential conflicts of interest they might have regarding draft laws.

The CPCB also submitted amendments to the law “On eliminating conflicts of interest of Public Officials” which requires parliamentarians to inform their committees of potential conflicts of interest they might have regarding draft laws. [18] However, neither of these amendments passed by the end of the action plan period. [19]

Within the framework of this commitment, Delna and the Parliament Committee on Defense, Interior and Corruption Prevention organized a discussion on 10 December 2018 about the need for a lobbyist register and regulations for lobbying. Also, 13 parliamentarians signed Transparency International’s International Declaration against Corruption. [20] The Committee voted fotr the concept to develop lobbying regulations in spring session of 2019. It established a working group to develop draft law. The group consists of parliamentarians from all the political factions elected in Parliament. [21]

This commitment marginally improved participation due to the focus groups. However, it did not lead to any changes in lobbying transparency because the proposed amendments are not yet in force. As a result, Latvia still lacks an open data lobbyist register. [22] Nonetheless, the new parliament, which was elected during the implementation of the commitment (16 October 2018) plans to adopt the amendments during its term. Furthermore, the parliament committee for Defense, Internal Affairs and Corruption Prevention participated in developing the fourth action plan (2019−2021), which includes a commitment on lobbying transparency. [23] Lastly, it should be noted that the results achieved under Commitment 7 (Code of Ethics) in the current plan also relate to lobbying regulations but are analyzed separately with that commitment.

[17] Zinta Miezaine, Independent Reporting Mechanism (IRM): Latvia Design Report 2017−2019 (OGP, 2019), 27, https://www.opengovpartnership.org/wp-content/uploads/2019/08/Latvia_Design-Report_2017-2019_EN.pdf.

[18] Corruption Prevention and Combating Bureau (CPCB), email exchange with IRM researcher, Oct. 2019.

[19] Id.

[20] Id.

[21] Interview with Parliamentarian Inese Voika, June 19, 2020.

[22] Antonio Greco, Open data and the fight against corruption in Latvia, Sweden and Finland: Latvia (Delna, Open Knowledge International, Nov. 2018), 23, https://delna.lv/wp-content/uploads/2018/11/OD4AC_LV_Final7.pdf.

[23] Government of Latvia, Fourth National Open Government Partnership Action Plan of Latvia 2020−2021 (OGP, 11 Feb. 2020), 17−20, https://www.opengovpartnership.org/wp-content/uploads/2020/01/Latvia_Action-Plan_2019-2021_EN.pdf.