Latvian parliament’s Defence, Internal Affairs and Corruption Prevention Committee submitted to the Saeima a legislative draft developed by deputy Inese Voika’s led work group or the so-called lobbying law.
During the committee’s discussions, deputies mentioned among other things that part of the legislative regulations could come to force in 2023 and the other part in 2024. The Enterprises Register may start publishing information requested by the proposed law in 2024.
The head of the Enterprises Register Guna Paidere said it is necessary to state in the law which persons should have to publicly report related information. Representative of the State Chancellery Inese Kušķe agreed with Paidere, adding that the Cabinet of Ministers would develop solutions.
During the review of the legislative draft it is planned to look into which platforms could be used to publish information related to protection of interests. It is also planned to discuss this topic with the Ministry of Environment Protection and Regional Development, which is responsible for state information system related topics.
Voika mentioned at a previous meeting of the committee that the newly-developed Interest Representation Openness or the so-called Lobbying Law has a very wide definition of interest representation.
According to the law, interest representation is any direct or indirect communication between a private person and a representative of the government in order to influence public decision-making processes.
Communication the point of which is acquisition or exchange of information, meetings with representatives of public power and political parties as part of political discussions cannot be considered representation of interests.
Deputies meeting and communicating with voters, activities of sworn attorneys involving legal assistance, performance of duties of diplomatic and consular service will not be considered interest representation as long as the goal of these activities is not the influencing of important public decision-making processes.
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Any person’s communication or representation in relation to administrative processes in an institution, litigation or mediation procedure will not be considered representation of interests. Provision or reception of information, press and mass media information requests included, will not be considered representation of interests either.
Voika said representation of interests is the focus of the legislative draft. It was made as wide and comprehensive as possible in order to see clearly how representation of interests is done.
It is planned to detail in the law that interest representatives will need to register if they represent someone’s interests at least three times a year.
Registration will be allowed to be done within two weeks of the day the representative of interests quality for systemic representation of interests, which means communication with a representative of public power.
Represented interests will have to be reported to the public power representative in the register of representation of interests for the first times it is done. In the register it will be necessary to report only in information that is not yet reported to registers maintained by the Enterprises Register.
The law states that registered representatives of interests will need to be provided with an opportunity to voluntarily declare information regarding representation of interests until this duty is made mandatory.
Any person who wants to will be able to access entries and documents available in the register free of charge.
The duty to ensure information availability and maintenance of the System for Declaration of Protection of Interests together with the legislative draft will be entrusted to the Cabinet of Ministers, which will have to develop regulations that would govern the information system.
The representative of interests will have a duty to refrain from providing false information, representing controversial interest, or promising specific outcomes or decisions.
It is planned to prohibit representatives of interests from providing special advantages. It is also planned to prohibit accepting gifts or other benefits from representatives of interests or private persons whose interests they serve.
Officials will be prohibited from using their power and personal contacts to provide representatives of interests with exclusive access to officials who are responsible for decisions in which individuals have an interest, nor will it be allowed to mislead representatives of interests and create an impression about the possibility of providing exclusive access to officials or any way to influence their activities.
Officials will be prohibited from asking representatives of interests to support their institution or organise events using the institution’s finances.
It is planned for the Law on Openness of Lobbying will include guidelines for public interest-based decision-making and communication between representatives of interests with decision-makers, as well as ensure transparency for public institutions’ decision-making processes.
International institutions have criticized Latvia multiple times for the lack of such regulations.
The law dictates the requirement for registration of representatives of interests, as well as a declaration system for activities performed by representatives of interests, as well as duty for public administration and restrictions for the interest-representation process.
The legislative draft also details liability for reporting false information and violating the law.
The legislative draft will be expanded and corrected accordingly for the second and third readings.
Who will have to present interests and why? Saeima discusses so-called lobbying law
