INTERESTS: fears of detrimental effect on the legislative process from Brussels proposal


Financial disclosure requirements contained in a European Commission proposal for lobbyists to sign a register of interests could deter law firms from contributing to the legislative process, practitioners have warned.



In a move intended to increase transparency, the commission has opened a public register to which all 'interest representatives' - including lawyers - working to influence decisions taken by the European Union's institutions are invited to subscribe.



Lobbyists are asked to reveal whom they represent and what their objectives are, as well as the turnover they get linked to their lobbying activities and the relative weight per client.



Registration is voluntary, but contributions received from unregistered organisations will be regarded as coming from individuals and not from the sector they represent.



The commission also wants lobbyists to sign up to a code of conduct, to be drawn up later this year.



Patricia Barratt, a senior associate in Clifford Chance's public policy practice, warned that the register 'will work against transparency and encourage insiderism'. She said voluntary registration was fine but was concerned about the way contributions from those who did not register would be treated.



'We make representations for a variety of reasons - when we do so on behalf of clients or the firm we would expect to state that. If these contributions are treated as coming from the individual, that makes the situation less transparent.'



Ms Barratt added: 'Firms also frequently make representations out of a desire to improve clarity or defects in drafting. However, they may well choose not to make a submission due to the financial disclosure requirements and potential issues on client confidentiality, which would be to the disadvantage of the commission and legislation.'



Mike Pullen, a partner at DLA Piper, said the nature of the work undertaken by lawyers meant there was a crossover between legal advice and lobbying work. He questioned how firms could split this when it came to making financial disclosure, if they registered. On the code of conduct, Mr Pullen added: 'Lawyers are regulated by their national bars. Why should we have to sign up to [these] rules, when we already operate to a much stricter set?'



June O'Keeffe, head of the Law Society's Brussels office, said the commission's definition of 'lobbying' needed to be refined. She said it was too wide and could catch legal work being done by lawyers before the courts or tribunals.



Siim Kallas, vice-president at the commission, said: 'I hope that lobbyists will see this as an opportunity, rather than a threat. The commission appreciates the input it gets from interest representatives, but we ask for their collaboration in showing to the general public that the relationship respects the rules of democracy.'



Catherine Baksi