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Lobby law sparks debate

The Rywingate bribery scandal has highlighted deficiencies in lobbying legislation prompting the interior ministry to introduce a new bill that observers hope will become a pillar of the government's renewed drive against corruption.
As it stands at present, the bill would oblige those who want to mediate between companies and officials to register themselves at the interior ministry, publish reports of their activities and make public whose interests they represent. On the other hand, officials should document their contacts with lobbyists and declare the regulations in which the lobbyists are interested.
"The law has the aim of creating a distinction between lobbying and corruption," said Krzysztof Janik, the interior minister.
Although observers generally agree that such legislation is essential, they are embroiled in a heated debate over the form it should take.
"The bill introduces the notion of a lobbyist, which is positive," said Andrzej Długosz, head of the Cross Media lobbying agency. Until now the word "lobbyist" in Polish has had bad connotations, and its close associations with corruption has had a harmful knock-on effect for the economy, he added.
Nevertheless some insiders are sceptical of the legislation.

"The bill, if it becomes law, will limit the development of healthy lobbying services and will not prevent future bribery scandals like Rywingate," said Marek Matraszek, director of CEC Government Relations, one of the biggest lobbying firms in the country.
Długosz supported his view, pointing out that the law would not restrict the practice of załatwiactwo, or "fixing things for friends," which is the main problem.
The obligation to submit reports could leave officials and lobbyists engaged in perfectly innocent contacts, open to blackmail if they failed to report a meeting. Further complicating the situation, according to Grzegorz Ziemniak of lobbying firm Impress Art, is the lack of a clear definition of lobbying. For example, non-governmental organisations are not considered lobbyists, a loophole that could allow dishonest lobbyists to bypass the regulation, he said.
A professional lobbyist who asked not to be named said another real concern was the practice of businessmen sharing planes with the president or prime minister on foreign trips, which might present opportunities to arrange lucrative contracts.
Długosz insists that lobbyists have an important role to play, one which will grow when the country joins the European Union.
"In Brussels there are 1,000 lobbyists," he said. "Lobbyists help in many important matters that make them very useful in representing the interests of communities, for example. Without lobbyists, Poland could well lose a significant part of its structural funds."
The nation is the first European country planning to adopt such a regulation as a national law. In Germany and Denmark, local and federal parliaments publish their own rulebooks in order to ensure that contacts between lobbyists and deputies are transparent. In France, a lobbyists' code of ethics exists, and in Germany there is a lobbyists' register.

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