Lobbying: The art of political persuasion

Edition

Praise for Lobbying

If you read only one book on lobbying, make sure it’s this one. Zetter’s mastery of his subject shows why this book has gone to its third edition, and why the industry awarded him ‘Personality of the Year’ and ’Outstanding Contribution’.

Francis Ingham, Director General PRCA, Chief Executive ICCO

This is the guide which really understands and explains how lobbying works. Revised and updated for this third edition – it’s a must read.

Iain Anderson, Director and Chief Corporate Counsel Cicero Group, Chair of the Association of Professional Political Consultants

This latest edition of Zetter’s established classic on lobbying is essential reading for everyone involved in the profession.

Sir Peter Luff MP

For any individual or organisation that needs to deal with government anywhere across the developed world, Lionel’s book is an essential guide. It not only tells you how you should go about your lobbying – it also tells you how you should not.

Paul Mylrea, Director of Communications, Cambridge University, Former President Chartered Institute of Public Relations

The leading book on lobbying by the UK’s leading expert. Lionel Zetter takes a comprehensive, in-depth approach and writes with authority and enthusiasm. Whether you’re in PR, PA, in-house, consultancy or a client – this is the book for you.

Elisabeth Lewis-Jones, CEO Liquid PR, Former President Chartered Institute of Public Relations

Public affairs, so often misunderstood and poorly explained, has a superb champion in Lionel Zetter: he writes a brilliant analysis of lobbying that is a must-read for anyone wanting to understand the industry, from the seasoned practitioner to the curious observer.

Robbie MacDuff, Partner, Instinctif Partners, Former Chair of the Association of Professional Political Consultants (APPC)

This will be the new Bible for lobbyists. An indispensable guide for public affairs professionals.

Neil Sherlock, Partner Public Affairs, KPMG

The best book on the art of lobbying yet written.

Iain Dale, Broadcaster, Blogger and Publisher

If you buy one book about lobbying make it this one.

Jon McLeod, Chairman, UK Public Affairs, Weber Shandwick

Lionel Zetter understands better than most the realities of lobbying and its relevance to good governance in the UK. This is an affectionate yet serious analysis by somebody who cares about the lobbying industry. It should be read by anybody who wants to understand how British politics really works …

Peter Bingle, Founder Terrapin Communications

To my knowledge this book is unique in its breadth, depth and geographical scope and I have no doubt that it will quickly become established as an essential companion for public affairs practitioners. It pulls off the unusual feat of being both practical and entertaining and, in my experience, it all rings true. It is an added bonus that Lionel Zetter’s fabled network of contacts has also enabled him to pull together incisive and useful tips from senior practitioners across the lobbying business.

Michael Burrell, Founder, Michael Burrell Associates, Former Chair of the Association of Professional Political Consultants (APPC)

The best definition of politics is who gets what, when, where and how. This excellent book shows you the when, where and how.

Edmund King, President, Automobile Association

This book is great! As someone who has almost been around as long as Lionel, it was great to have such an up-to-date take on who we are, what we actually do and why we are worth it. This book is very informed, illuminating and, I think, the ultimate guide to lobbying.

Gill Morris, Managing Director, Connect Communications

This book covers the waterfront of what lobbying is, why we need it, who the key players are and how it all works. Lionel Zetter has combined hard facts, expert interpretation and real-world practitioner insights into a very readable whole.

Tim Rycroft, Director of Communications Europe, InterContinental Hotels Group

Comprehensive, wide ranging and accessible … the first book to span the world of lobbying from London, Brussels and Washington to Asia.

David Earnshaw, Chairman, Burson-Marsteller Brussels

Zetter provides one of the most in-depth analyses of lobbying and how it works. Unlike many, he has looked beyond Brussels, Westminster and the Beltway to examine the role of lobbying in the emerging markets. But he has also done much more than just look at the mechanics of lobbying, he has provided one of the most comprehensive analyses of the legitimacy of lobbying in today’s democracies. By doing that he has done a service not just for the lobbying industry, but for politicians, civil servants and political scientists alike.

Sacha Deshmukh, Chair. War Child and Deputy Chair. Citizens Advice

Rigorous and insightful … the definitive handbook for anyone interested in the craft of lobbying, from industry veteran to A-level politics student.

John Lehal, Managing Director, Insight Public Affairs

Public affairs in the UK has no more diplomatic an ambassador and no more valiant a champion than Zetter.

Jonathan Bracken, Partner and Head of Public Policy, Bircham Dyson Bell

About the Author

Lionel Zetter was born in Glasgow. He was educated at American international schools before going to Berkhamsted School, Hertfordshire, and then on to the University of Sussex. He took a BA Hons in History and African and Asian Studies, and then an MA in Strategic Studies. He has travelled widely throughout Europe, Africa, Asia and the Middle East.

On the political front the author has worked in the House of Commons and the House of Lords, and also in Conservative Central Office. He has also been a Conservative association chairman, branch chairman, election agent, local councillor and parliamentary candidate.

During his professional career, Lionel was an associate director of the Media Information Group, and company secretary of Political Research and Communications International. He went on to become managing director of Parliamentary Monitoring Services Ltd and Political Wizard Ltd, and non-executive deputy chairman of Dods Parliamentary Communications Ltd. He has also been a director of polling company ComRes, senior adviser to specialist recruitment firm Ellwood Atfield, and Senior Counsel at APCO Worldwide.

Lionel has been chairman of the Government Affairs Group and president of the Chartered Institute of Public Relations (CIPR). He is a Fellow of the CIPR, and of the Public Relations Consultants Association (PRCA), and the Royal Society of Arts. He is also a member of the National Union of Journalists (NUJ).

Lionel has written, spoken and taught widely on politics and public affairs. He is now Director of The European Azerbaijan Society, vice-president of PublicAffairsAsia, a director of the Enterprise Forum, chairman of the PRCA Public Affairs Group, and publisher of Zetter’s Political Companion.

In 2008 Lionel was voted Public Affairs ‘Personality of the Year’ by the Readers of Public Affairs News, and in 2012 he received the PAN ‘Outstanding Contribution’ award.

Foreword

I am pleased to be able to introduce the third edition of Lionel Zetter’s Lobbying: The Art of Political Persuasion , and feel sure that this new edition, like those before it, will be an invaluable resource for those seeking an insider’s guide to how lobbying really works.

Whilst political cultures and systems differ, the common thread running through every nation is its people, and many basic human characteristics and motivations are similar around the world. At its most fundamental, lobbying is about communication: persuading decision-makers to hear and understand a different perspective or point of view. How that is done must be adjusted to take account of the local political culture, but the practice of public affairs is broadly the same the world over and many of the concepts in this book can easily be adapted and applied to meet local needs.

Public affairs is often seen as a modern invention and that view is understandable. The 20th century saw a move away from the concept of limited government, and politicians became increasingly involved in the lives of citizens, especially around the time of momentous events, such as Roosevelt’s New Deal, which followed the 1930s depression, and in the years following the Second World War. Politicians and public servants now make thousands of decisions every day that affect the lives of those they serve and, inevitably, as political activity has increased so has political advocacy. Yet, in reality, lobbying is as old as representative democracy itself. The right to petition for the redress of grievances was enshrined in the Magna Carta and later in the English Bill of Rights and the first amendment to the US constitution. For as long as public figures have been making decisions that affect the lives of others, the art of persuasion – for that is what lobbying is all about – has been used to influence those decisions.

It is all too easy to criticise politicians, not least because members of no other group in society so readily put themselves up to be knocked down. Yet, my experience over the years has been that most people come into politics motivated by a genuine sense of public service. In the 24/7 media world we now inhabit, politics inevitably moves at a fast pace and politicians often have to make decisions on the basis of limited information and adopting a broad-brush approach. All too often, the devil really is in the detail and, just as often, politicians do not have the time or resources to look at that detail. It is at this point that lobbying plays such a crucial role in a democracy: helping to fine-tune public policy, ensuring that decision-makers are aware of all the facts and providing practical solutions to problems, not just for politicians but also for the people they serve.

I have known the author for more than 30 years. Lionel is a well-known figure in public affairs, seemingly omnipresent yet modest enough to know that he is not omniscient. He is a practitioner of the old school, but one who has never been afraid to embrace new ideas. As with any writing on public affairs, some people may disagree with some of what Lionel has to say in this book. Bismarck described politics as the art of the possible, and that is part of the fun of public affairs. There will always be someone who can tell you that, in a given situation, what worked for them was doing the exact opposite of what had been suggested. That is how politics works. No one can write a prescription for public affairs and, as an experienced practitioner, Lionel has neither sought nor claimed to do so.

Lionel has many friends in public affairs, an industry for which he remains a diplomatic ambassador and valiant champion. He will long be remembered in the public affairs pantheon for telling a parliamentary select committee that: There is good lobbying and bad lobbying, just like there is good sex and bad sex, but I think most of us would prefer to have bad sex rather than no sex at all. There can be no question that public affairs would be a much duller business without him.

Winston Churchill, a passionate supporter of democracy, once described it as the worst form of government except all the others that have been tried. He was undoubtedly right. Lionel, equally passionately, argues that lobbying is a fundamental aspect of democracy. He is not talking about brown envelopes and headline-grabbing scandals, but about the reality of lobbying – techniques of persuasion that will help a business or third-sector organisation ensure that politicians and public officials hear and understand legitimate concerns.

That kind of communication is the essence of public affairs and is what this book is all about.

Jonathan Bracken

Special Counsel

Bircham Dyson Bell LLP

Preface

If politics, as Jay Leno maintains, is show business for ugly people, then public affairs is PR for grown-ups. It is constant crisis management, with potentially huge rewards for getting it right – and major consequences for getting it wrong.

This book is aimed at three distinct groups of people. The first group consists of those who are considering entering the public affairs profession but are unsure about what is involved or how to go about getting their first public affairs job or internship. The second group is made up of PR professionals who feel that they need to know more about public affairs in order to round off their skill-set – and to be able to function more effectively in the mainstream. The final group consists of public affairs professionals who already have a great deal of experience and knowledge, but who are keen to continue deepening and widening their expertise – perhaps by operating in legislative jurisdictions where they have not previously practised. Communications has become much more holistic in recent years, and communications professionals need to understand the full gamut of disciplines that their clients might require or demand.

There is also, perhaps, one more group which this book is aimed at. That is those who try to portray lobbying as some sort of ‘dark art’ which hides its secrets and covers its tracks. Some of these groups and individuals – for the most part pressure groups and journalists – insist that lobbyists are secretive, and that we are somehow ashamed of what we do. I hope this book will go some way towards meeting their concerns and banishing those myths.

The actual term lobbying is sometimes shunned by practitioners and clients alike. The press has tried to associate the term with sleaze, and to attach negative connotations to it. Alternative terms such as public affairs and government relations are currently more popular. In Asia, in particular, the term lobbying can cause consternation, and is largely eschewed (indeed in India lobbying is technically illegal). I feel, however, that the industry needs to reclaim the title, and I have largely used it as the preferred term throughout this book.

There are already a small number of books dealing with lobbying in the UK, some of which just cover Westminster while others also examine the devolved parliaments and assemblies. There are many books dealing with lobbying in the European Union (EU), and a plethora covering the activity in the United States. A selection of these books is listed in the bibliography.

Special mention has to be made of some of the books I drew on in writing my own. Charles Miller’s Guide to Political Lobbying (Politico’s) was probably the first serious attempt by a senior lobbyist to cover the lobbying scene in the UK and the EU. It is a superb publication and draws heavily on Miller’s policy-based school of lobbying, concentrating on the civil service and ministers.

A more recent book by Stuart Thomson and Steve John has been published by Kogan Page as part of the CIPR’s Public Affairs in Practice series. It is entitled Public Affairs in Practice – A Practical Guide to Lobbying. It is a truly excellent book that does exactly what it says on the cover.

The next entry in my own personal roll of honour goes to Conor McGrath for his book Lobbying in Washington, London and Brussels: The Persuasive Communication of Political Issues, published by the Edwin Mellen Press as part of their Studies in Political Science series. This mighty tome is meticulously researched and has a rightful place on any lobbyist’s bookshelf.

A fascinating book by Arthur Butler chronicles his many years in the industry. People, Politics and Pressure Groups – Memoirs of a Lobbyist offers a fascinating insight into the early years of lobbying in Westminster. It is published by PicNic, and is well worth a read.

Another comparatively new arrival is a book by lobbyist Scott Colvin entitled How to Use Politicians to Get What You Want. This is a real how-to guide, aimed as much at the general public as the public affairs industry. Published by Biteback, it gives terrific insight into the motivations and insecurities of our elected representatives.

Renowned political journalist Sheila Gunn has edited a book entitled So You Want to be a Political Journalist. This has contributions from such senior journalists as Michael White, Peter Riddell, Carolyn Quinn and Chris Moncrieff, and gives valuable insights not just into the workings of the political process but also the workings of the political mind.

Another honourable mention should go to Des Wilson, with his autobiography Memoirs of a Minor Public Figure, published by BiteBack. Des has worked both sides of the street – he founded Shelter, Clear and Parents Against Tobacco, and was very influential in the Freedom of Information campaign, but he has also worked for BAA and Burson-Marsteller. Like me, Des also has a lifelong commitment to a political party – in his case the Liberals and then the Liberal Democrats.

A new book has been published seeking to provide an antidote to these books written by public affairs consultants seeking to explain – and to some extent justify – their profession. A Quiet Word: Lobbying, Crony Capitalism and Broken Politics in Britain by Tamasin Cave and Andy Rowell takes a distinctly contrary view. This well-researched and well-written book seeks to expose the lobbying industry and to highlight its shortcomings. Sadly for the authors there are very few new lobbying scandals to draw on, and as ever most of them involve people other than lobbyists. This book is certainly worth reading, however, if only to fully understand the cross-fertilisation between US and European lobbying, and the trickle down of lobbying techniques, from big oil, pharma and tobacco companies, to other less contentious and less well funded sectors.

Despite these excellent publications there is still a paucity of books that concentrate on the practical aspects of lobbying; books that compare and contrast the systems in Westminster, the devolved bodies, the EU, the US, Asia and the Middle East and Arabian Gulf. Hence I have attempted to throw more light on the lobbying scene in the UK and worldwide.

My own experience in the world of public affairs stretches back over three decades. I have worked in the House of Commons and the House of Lords. I have worked in Conservative Central Office and been a Conservative association chairman, branch chairman, election agent, parliamentary candidate and local councillor. I have been chairman of the Government Affairs Group, and president of the CIPR. I was company secretary of Political Research & Communications International (PR+CI), which was one of the UK’s first specialist lobbying companies, non-executive Deputy Chairman of Dods Parliamentary Communications, a director of pollster ComRes, a senior adviser to the specialist recruitment firm Ellwood Atfield, and Senior Counsel at APCO Worldwide. I have also founded, and sold, companies that provided political monitoring, intelligence, publishing, polling and campaigning services.

I am currently the Director of The European Azerbaijan Society. I am also a vice-president of PublicAffairsAsia (which I helped to found along with colleagues Craig Hoy, Mark O’Brien and Steve Atack), a director of the Enterprise Forum, publisher of Zetter’s Political Companion, and Chairman of the PRCA Public Affairs Group. It is this experience that I have drawn upon to write this book.

There are eleven parts to this book.

Part 1 deals with the general aspects of lobbying – definitions, history, ethics, regulation and funding. It puts the rest of the book into some kind of a context.

Part 2 deals with the actual mechanics of lobbying. There are sections on the rationale for lobbying – why organisations actually make the decision to lobby. There is also an overview of the various types of lobbying programme. There is some guidance on how to embark upon a career in lobbying, and how to go about appointing a lobbying company.

Part 3 deals with the tools that any lobbyist – in-house or in-consultancy – needs to have at his or her disposal. This part covers monitoring and intelligence, polling, relationship management, online campaigning, messaging, coalition building, and when and how to use the media.

Part 4 covers lobbying in Westminster and Whitehall. It covers the Whitehall civil service, and also the political parties, the House of Commons, and the House of Lords. It is in many respects the core of the book, and it has been updated to take account of the advent of the coalition government. New sections have been added on Prospective Parliamentary Candidates, House of Commons reform and House of Lords reform.

Part 5 is an entirely new chapter dealing with the planning and implementation of a public affairs campaign. It is in effect a step-by-step guide to lobbying, drawing on all of the information in the previous chapters.

In Part 6 the focus moves slightly wider afield and encompasses the lobbying scene in the other institutions within the UK. This includes the Scottish Parliament, the Welsh and Northern Ireland Assemblies, the Greater London Authority, local government (and its various associations), regulators and the judiciary. Even since the second edition of this book was published three years ago, devolution has gathered pace. The Northern Ireland Assembly has firmly established itself, the Welsh Assembly (following a successful referendum) now has primary legislative powers, and the Scottish Parliament (now under a majority SNP administration) has accrued more powers. The failure (from the SNP’s point of view) of the independence referendum will undoubtedly result in even more powers – particularly over taxation – being devolved to Holyrood in order to forestall calls for a re-run in a decade’s or a generation’s time.

The various institutions of the European Union (EU) are covered in Part 7. The three main institutions are the European Commission, the European Parliament and the Council of Ministers. Although the Lisbon Treaty did not itself survive intact, some of its proposals are now in force, and we have a President of the European Council, and a High Representative for Foreign Affairs and Security policy. There are also sections on other EU (and some extra-EU) bodies, and some advice on how to use national civil servants and politicians in the EU context. The recent elections saw the arrival of many more euro-sceptic MEPs, but this did not stop the European Parliament from flexing its muscles over the appointment of a new President of the European Commission.

In Part 8 we turn to the home of lobbying – the United States. This section covers the Senate and the House of Representatives, and also goes down to state level. It is important to look at how the lobbying industry has developed in the US, even if you are unlikely to find yourself lobbying in that arena. The Americans not only invented lobbying, but they have developed many of the techniques now being adopted in the UK and the EU. President Obama gained the White House at least partly by promising to curb lobbying, but even in his second term he has achieved no significant successes in this regard.

Part 9 deals with the fast-growing market of public affairs in Asia. This massive continent is home to the world’s biggest democracy in India – which recently elected Narendra Modi as Prime Minister – and the world’s most populous nation in China. Asia also hosts the world’s second-largest economy (China) and third-largest economy (Japan). The public affairs industry is booming throughout the region – but most especially in the Association of Southeast Asian Nations (ASEAN) countries, and Japan, China and India. New sections have been added on Indonesia, South Korea and Taiwan, and Australia has also been included. The industry in Asia employs public affairs veterans from both the UK and the US, locally employed lawyers, and former civil servants and politicians. As with so many industries, Asia has much to learn from America and Europe, and we have much to learn from them.

Part 10 covers the Middle East and Arabian Gulf. This region has not to date been a fruitful one for lobbyists, partly because of a lack of Western-style liberal democracies. However, there is enormous wealth in the region, and the United Arab Emirates is leading the way by opening up to Western companies and Western investment. PR is firmly established in the region, and public affairs will undoubtedly not be far behind. The Arab Spring may have run its course, but hopefully dialogue and discourse will replace the current conflicts and allow politics (and public affairs) to re-emerge as the preferred method of settling intra-national, inter-national and sectarian disputes.

Part 11 deals with the recently-emerged and slightly obscure field of public diplomacy. This is where public affairs practitioners are retained by embassies or foreign ministries to help to facilitate communications with host nations. This little known specialist discipline will undoubtedly become more mainstream as the world – and diplomatic budgets – continue to shrink.

Inevitably this book – reflecting my own experience – has something of a Westminster bias. I have tried, however, to do justice to the devolved bodies that have emerged and grown in stature over the last decade. I have also, I hope, reflected the global impact that the evolving EU has had on world politics. I have also offered due deference to the United States as a military, economic and lobbying super-power, and looked to Asia, which will play an increasingly important role in the decades to come – hence the addition of three new countries to this chapter.

There are, of course, some similarities in legislatures around the world, and in the techniques that lobbyists use to try and inform and influence them. But there are also huge differences, and I am forced to the ultimate conclusion that (to adjust Tip O’Neill) ‘all lobbying is local’.

Acknowledgements

When I first set out to write this book I never imagined it would run to a third edition. However, in public affairs as in politics, change is the only constant. As the industry continues to evolve, books such as this need to be regularly revised and updated.

I could not have finished this project without a great deal of help from many friends and colleagues in public affairs. Those who reviewed the whole book deserve a special mention – so huge thanks to Tim Wilson, Francis Ingham and Jon French.

A special mention is also due to Steve Atack. Without his help – and unrivalled international contacts – this project would have been a great deal harder to undertake. Special thanks also to Jonathan Bracken, who encouraged me in this enterprise and provided the book’s foreword, and to the ever-wise Michael Burrell, who has helped to broaden my horizons and who spent hours combing through the manuscript seeking errors of fact or judgment.

Others reviewed chapters and generously gave me the benefit of their knowledge and experience of lobbying particular legislatures. They were Craig Hoy (Asia), Philip Howard (Japan), Dr Roger Hayes (India), Jonathan Bracken, John Ashford and Beth Bear (all US), John Macgill, Ian Coldwell and Alastair Ross (all Scotland), Rosemary Grogan and Marc Evans (both Wales), Neil Johnston (Northern Ireland), Chris Kelsey (London), Ian Twinn, David Earnshaw, Lionel Stanbrook and Richard Margrave (all EU), and Jennifer Hardie and Maher Ghanma (Middle East and the Gulf). They have all given freely of their time and expertise, but any errors of commission or omission are obviously down to me and not them.

I should also like to thank the many contributors to the ‘top tips’ that leaven my leaden prose throughout the book. Those who contributed include some of the longest-established names in the industry (in-house and consultancy based), some of the brightest of the more recent entrants, and also, of course, some elected politicians – who have provided a valuable insight into what it is like to be on the receiving end of the art of political persuasion. To all of them I owe my thanks.

I also need to thank my family for putting up with the early risings and lost weekends that were needed to meet the publication deadlines. Special thanks are due to my eldest son Alec, who now edits Zetter’s Political Companion and also works with Phil Murphy on the PubAffairs network. He helped me enormously with the research, checked the facts, and sourced some of the quotes. I would also like to express my gratitude to my niece, Stephanie Peate. She did much of the initial research on the earlier editions whilst a history undergraduate at Oxford and has now moved on to study law.

My thanks are also due to the late and much lamented Doug Smith – he taught me much of what I know about lobbying. Doug also taught me the importance of building up and maintaining relationships. Without relationships built on trust and respect, no lobbyist can hope to be effective. Doug passed away in 2012 and is much missed.

Another bastion of the industry and contributor to this book has also passed away. Peter Childs died far too young and like Doug Smith is much missed in the industry. With the agreement of his colleagues we have kept his ‘top tip’ in this edition.

My gratitude is also due to my publisher Harriman House – and to Myles Hunt, Suzanne Tull, Craig Pearce, Chris Parker and Kate Boswell in particular for their help and encouragement. They persuaded me to write this third edition to take account of the huge changes that have occurred over the last three years.

As I write the coalition government parties are gearing up to defend their records in a crunch general election. The European Parliament saw a dramatic influx of euro-sceptic MEPs from across the continent. Alex Salmond’s gamble on an independence referendum was defeated by 55.3% to 44.7%, on an 84.6% turnout. The margin was big enough to bury the issue for a generation, and to prompt Salmond’s announcement that he would stand down at his party’s annual conference in November. Barack Obama’s second term has disappointed all but his most ardent supporters. And the Arab Spring seems to have run its course, to be replaced by new spasms of vicious sectarian conflict. The new chapter on public diplomacy outlines the role lobbyists can play in this field. War may be, as Carl von Clauswitz famously said, an extension of politics by other means, but surely the political (and public affairs) route is preferable?

Part 1: Introduction to Lobbying

1.1 Definitions

It is important right at the start of this book to try to arrive at a definition of lobbying. No definitive definition has ever been agreed upon. To my mind a simple and straightforward definition would be that lobbying is the process of seeking to shape the public policy agenda in order to influence government (and its institutions) and the legislative programme. It is also, of course, the art of political persuasion.

The UK Public Affairs Council produced a more wide-ranging and all-encompassing definition of lobbying, which it reproduced on its website www.publicaffairscouncil.org.uk. Their definition was:

"Lobbying means, in a professional capacity, attempting to influence, or advising those who wish to influence, the UK Government, Parliament, the devolved legislatures or administrations, regional or local government or other public bodies on any matter within their competence.

"Lobbyists are those who, in a professional capacity, work to influence, or advise those who wish to influence, the institutions of government in the UK, in respect to:

•"the formulation, modification or adoption of any legislative measure (including the development of proposals for legislation);

•"the formulation, modification or adoption of a rule, regulation or any other programme, policy or position;

•"the administration or execution of a governmental or other public programme or policy within the UK (including the negotiation, award or administration of a public contract, grant, loan, permit or licence).

"Institutions of government means the UK Government, Parliament, the devolved legislatures or administrations, regional or local government or other public bodies. Public Affairs services means the provision of:

•"lobbying or advice on lobbying as defined above;

•"services with intent to assist lobbying, including the provision of monitoring, public affairs and programme support, strategic communications advice, profile raising, decision-making analyses and perception auditing services.

Public Affairs practitioner means any individual who, in a professional capacity, provides, as a substantive and sustained part of their responsibilities, public affairs services as defined above.

The narrowly-drawn but lengthily-titled Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 confined itself to defining only those lobbyists covered by its provisions – that is to say those working for multi-client lobbying consultancies. They were defined in the Act as:

Meaning of consultant lobbying

(1) For the purposes of this Part, a person carries on the business of consultant lobbying if—

(a) in the course of a business and in return for payment, the person makes communications within subsection (3) on behalf of another person or persons,

(b) the person is registered under the Value Added Tax Act 1994, and

(c) none of the exceptions in Part 1 of Schedule 1 applies.

Somewhat bizarrely, not only were the provisions of the Act restricted solely to those lobbyists working for multi-client agencies, but even within that restriction there was a further limiting factor. Only the lobbying of Ministers of the Crown and permanent secretaries would be deemed to be an activity which would necessitate registration:

The communications within this subsection are oral or written communications made personally to a Minister of the Crown or permanent secretary:

(3) The communications within this subsection are oral or written communications made personally to a Minister of the Crown or permanent secretary relating to—

(a) the development, adoption or modification of any proposal of the government to make or amend primary or subordinate legislation;

(b) the development, adoption or modification of any other policy of the government;

(c) the making, giving or issuing by the government of, or the taking of any other steps by the government in relation to,—

(i) any contract or other agreement,

(ii) any grant or other financial assistance, or

(iii) any licence or other authorisation; or

(d) the exercise of any other function of the government.

These restrictions led many (within the Industry and outside of it) to regard the Act as being virtually meaningless. The public policy agenda does not just consist of the legislature and the civil service – never mind just ministers and permanent secretaries. A full-spectrum campaign may also need to seek to influence executive agencies, quangos, regulators, local government and the media. These are the groups that dictate the public policy agenda, and which are home to the Key Decision Makers (KDMs) and Key Opinion Formers (KOFs). It is the process of seeking to inform and influence these bodies and these individuals that we refer to as lobbying.

Attempts to influence the public policy agenda can take place at various stages of the process, and can be undertaken for a variety of reasons. The rationale for lobbying will often dictate the timing of the campaign, and the resources devoted to it. If the campaign is about dictating policy, pure and simple, the odds are that involvement will be initiated at the very earliest stage of the process, and the lobbying may be undertaken by academics, think tanks or in-house lobbyists. If it is about changing a bill that is already under way, there is a greater chance that professional multi-client lobbying consultancies will be drafted in.

Good and effective lobbying usually entails getting involved at the very earliest stages of policy formulation. This can mean getting think tanks to champion your ideas, or it can mean feeding into the policy reviews that all of the major political parties carry out between elections. Alternatively, it can mean using the media to alter the public perception towards an issue, thereby indirectly influencing the party officials and politicians who want to get elected or stay elected.

Author’s top tip

There are few golden rules in lobbying. One of them, however, is that the earlier you get involved in the process the greater your chance of success. Early involvement also keeps the costs down. Feeding your views in to a middle-ranking civil servant at an early stage is almost cost-free and can save the substantial sums involved in retaining a lobbying consultancy to ‘fire-fight’ at a later stage.

When journalists talk about lobbying they are usually referring to the activities of multi-client lobbying consultancies. They also usually frame their comments in a negative fashion. This is partly because a very small number of lobbyists have behaved inappropriately in the past, and these usually minor scandals are retrieved from the morgues or Googled and given a fresh airing every time a journalist pens a piece on the subject. It may also be because journalists feel that only they should have a direct influence on the public policy agenda, and they may be jealous of the influence that lobbyists can and do deploy. In recent years many high profile political journalists have gone over to the ‘dark side’ (as their former colleagues would see it) and joined public affairs consultancies. The fact that they generally do so on the basis of a substantial remuneration package has only added to the resentment of their former colleagues.

There are around a hundred multi-client lobbying consultancies in the UK. Most of these belong to the Association of Professional Political Consultants (APPC), and also to the Public Relations Consultants Association (PRCA). There is often an overlap, with consultancies being members of both bodies. Many of the individuals within those consultancies also belong to the Chartered Institute of Public Relations (CIPR), and its sectoral group CIPR Public Affairs (formerly the Government Affairs Group – GAG). All of these bodies operate codes of conduct, the stipulations of which will be dealt with later in this book.

An umbrella body, the UK Public Affairs Council (UKPAC), was formed to co-ordinate the activities of all three bodies and to administer a joint online register. Sadly this initiative failed, partly due to early technical issues with the database, but also because of differences of opinion and incompatible priorities within the trade and professional bodies which made up its membership. In addition, the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 recognised the codes enforced by the three constituent trade and professional bodies, and this to a large degree made the UKPAC experiment redundant.

There is a division even within the small world of multi-client lobbying consultancies. Some of these – mainly the smaller ones – solely undertake lobbying. Others are the public affairs divisions of larger public relations firms. These, in turn, may be subsidiaries of advertising agencies – many of whom are in turn owned by American parent companies. There does seem to be an evolutionary process at work here, with specialist public affairs companies being set up by one individual, or two or three lobbying partners. These are then either subsumed into a larger lobbying consultancy or acquired by a public relations consultancy that wants to set up a public affairs division. After a few years the process is often reversed, with the key lobbyists breaking away to start their own independent consultancies all over again.

Lobbyist-turned-academic Karl Milner estimated that some years ago there were between 600 and 700 lobbyists working in consultancies in the UK, and this figure has now certainly broken the one thousand mark. These individuals have often come into the consultancies through having worked in the civil service or one of the two Houses of Parliament. Alternatively, they may have worked for one of the political parties, either at headquarters or at local level. They are attracted to multi-client lobbying consultancies because they get the opportunity to work on a wide range of clients and campaigns, and the training and experience gained is therefore very good. In the past, consultancy-based lobbyists also earned the highest pay in the industry, although this is no longer necessarily the case. In-house roles, particularly with larger organisations, often now pay salaries that are considerably higher than those offered by consultancies – plus better fringe benefits.

As well as a revolving door between parliament, the civil service and lobbying consultancies, there is also a revolving door between consultancies and in-house teams. Large firms and organisations have realised that it is sometimes cheaper to poach the account executive from the consultancy and have them work full-time in-house for them. They do, however, often still retain consultancies either at a lower fee level or on an ad hoc basis as the need arises.

Quoting American academics, Karl Milner calculates that there is a 4 to 1 ratio between in-house and in-consultancy practitioners. That would put the total number of lobbyists working in the UK at around four to five thousand. These are not just divided between in-consultancy and in-house, there is also a sub-division within the in-house contingent. This is between those who work for commercial concerns (the ‘corporates’), and those who work for not-for-profit organisations. These latter organisations can be charities, pressure groups, trade unions, trade associations or professional bodies.

Since the term lobbyist has been saddled with negative connotations by the media, in-house practitioners in particular have adopted alternative job descriptions – from public affairs executive and parliamentary officer to government relations executive. For the purpose of this book I prefer to stick to the shorthand of lobbyist and lobbying – partly for the sake of brevity, but also to reinstate it as a positive job description.

Author’s top tip

This book covers the UK, the US, the EU, Asia, the Middle East and Arabian Gulf regions. Different systems of governance apply throughout the world, but some lobbying and public affairs techniques are universal. However, they do need to be adapted to meet conditions on the ground. Ultimately, all lobbying really is local.

Contributor’s top tip

Public affairs should focus on delivering solutions. The most targeted and well-argued case will simply fail if you do not provide a workable way forward. Too many campaigns simply reflect a desire to moan and criticise policy rather than offering a constructive alternative.

You (in-house) or your client (consultants) are meant to be the experts, and if you cannot solve the problem then why should anyone be expected to work it out for you? The solution may be relatively simple, requiring just an alteration in behaviour; or more complex, requiring legislation. It is only once you understand this that you can start to build your campaign – identifying audiences and their needs, messages, potential alliances etc. Also, never underestimate the politics involved.

You can make as much noise as you wish, but when the politician or civil servant asks ‘How can we solve this problem?’’ you have to have an answer that is realistic and deliverable.

Dr Stuart Thomson, Public Affairs Consultant, Bircham Dyson Bell

1.2 History

Lobbying has been going on since time immemorial, and there is certainly a case for saying that lobbying is one of the world’s oldest professions. Whenever an individual or group wields power over society, there will be other individuals or groups of individuals who will have tried to persuade them to exercise that power in a particular way. Lobbying is both natural and inevitable.

The forums of Greece and Rome were frequented by lobbyists who would seek to influence both senators and plebeians for or against the issues of the day. The courts of bygone kings and princes were thronged with courtiers, and they were the lobbyists of their day. If the barons had not lobbied King John, he would not have signed the Magna Carta at Runnymede, and democracy in Britain might have evolved very differently.

The actual origins of lobbying as a term and as a structured business – as opposed to a reflexive activity – are disputed. What is beyond question is that those origins lie either in Westminster or Washington.

One version puts the origins of the term in Washington in the 1860s. Those seeking to influence President Ulysses S Grant would congregate in the lobby of the Willard Hotel and try to attract the great man’s attention as he headed towards the hotel bar, in order to raise specific areas of concern with him. Legend has it that after a while President Grant tired of their attentions and referred to them scornfully as lobbyists.

In fact, the actual activity of lobbying in the United States predates the Willard Hotel and President Grant. It is a matter of public record that in 1792, just three years after the US federal constitution was adopted, William Hull was retained by Virginian veterans of the Continental Army to lobby for additional compensation in recognition of their services during the American revolutionary war.

By the 19th century, lobbying in Washington had evolved to the point where it was recognisably the precursor of today’s industry. Senators and Representatives were not only entertained by lobbyists, they were also extensively briefed and counter-briefed on the issues of the day. Contacts were facilitated, speeches drafted, and training was provided for those who were to appear before Congressional committees.

By the start of the 20th century, lobbying in Washington had developed even further. New media, such as the radio, were embraced, as were new technologies like the telegraph. This enabled the US lobbying industry to start engaging in the kind of grassroots campaigning that is still at the heart of the US lobbying industry today.

In 1928 the Senate tried to enact a bill that would have required lobbyists to register with the secretary of the Senate and the clerk of the House of Representatives. However, the House blocked this bill, and it was not until 1946 that Congress passed the Federal Regulation of Lobbying Act. This required that any person or organisation who tried to influence, directly or indirectly, the passage or defeat of any legislation by the Congress of the United States had to register their details (including salaries and expenses) with officials of both Houses of Congress.

So it would seem that the United States has the strongest claim as the birthplace of the lobbying industry. However, with respect to the actual term lobbying, there is also a school of thought that claims it originated in Westminster, referring to either the Members’ Lobby or the Central Lobby of the Palace of Westminster. Since this was rebuilt in 1854 it is possible that this claim is valid and the lobby referred to was at Westminster and not the Willard Hotel.

Wherever the term originated, there is no doubt that organised commercial lobbying originated in the US rather than the UK. In fact, the first recognised UK lobbyist was Commander Christopher Powell, who did not set up shop until just before the Second World War. Commander Powell’s firm, Watney and Powell, was bought in the 1960s by another ex-military man, former Royal Marine Commando Professor Tim Traverse-Healy OBE. Watney & Powell were then acquired by the mighty Charles Barker empire, and Charles Barker Watney & Powell dominated the UK lobbying scene for decades. Many of Commander Powell’s employees, including Evie Soames, Frank Richardson, Christine Stewart Monro and Arthur Butler went on to have highly distinguished careers of their own in public affairs.

Traverse-Healy traces the true origins of the lobbying industry in the UK to Labour’s 1945 landslide victory. Prime Minister Clement Attlee set about transforming the UK political scene, setting up the National Health Service and seeking to nationalise whole swathes of British industry. It was the Labour government’s attempt to nationalise the British sugar industry that prompted the launch of what Traverse-Healy refers to as the UK’s first major political public-relations campaign – with its Mr Cube figurehead successfully fending off the government’s nationalisation ambitions.

The Labour victory of 1945 firmly established that party as the alternative government in the UK. If the Conservatives were not the government, then it would be formed by Labour and not the Liberals, who were in long-term decline. This pushed big business in the UK to organise in order to defend itself against future nationalisation plans, and against higher taxes and tighter regulation. The result was the formation of such bodies as the Economic League and Aims of Industry – and the emergence of a recognisable lobbying industry in the UK.

During the 1960s and most of the 1970s, lobbying in the UK was largely discreet and below the radar. The arrival of Margaret Thatcher in 1979 seems to have been the signal for the lobbying industry to emerge from the shadows, and openly parade its contacts with and influence on the apparatus of government. Firms such as Ian Greer Associates (IGA) and PR+CI (where the author worked in the early and mid-1980s) emphasised their strong connections with the Conservative government. Others, such as Gifford Jeger Weeks (GJW), made much of their multi-party connections. Either way, the industry was plainly prospering, and the prospect of open-ended and exponential growth beckoned.

This all came to a shuddering halt in 1994 when the Guardian newspaper published a series of allegations that rocked the Conservative government and ultimately led to the demise of IGA. Mr Greer had always openly supported Conservative candidates at election time – something that did not break any parliamentary rules. He also admitted to paying MPs a commission for the introduction of new business. The Guardian stories, however, related not to backbench MPs but to government ministers. Then-Harrods owner Mohamed al Fayed told the Guardian that he used IGA to hire government ministers, and MPs Tim Smith and Neil Hamilton resigned. John Major’s government never fully escaped the taint of sleaze.

Further dubious practices were exposed by the Sunday Times, who mounted a ‘cash for questions’ sting that netted two Conservative backbenchers. The lobbying industry reacted by setting up the Association of Professional Political Consultants (APPC), and the government announced the establishment of the Nolan Committee on Standards in Public Life (which the author gave evidence to on behalf of the Chartered Institute of Public Relations).

1.3 Ethics and Regulation

The lobbying industry often finds itself in a no-win position. Either lobbyists have little or no influence – in which case why should anyone retain them? Or they do have influence, in which case the press – and some sections of the public – think that this is an unwarranted distortion of the democratic process.

The answer to this apparent conundrum is two-fold. It is always worth making the point that lobbying has always gone on, it is an entirely natural activity, and it is better that it takes place in an open and structured environment rather than operating in secret. Most lobbyists agree that they need to be open and transparent in their attempts to inform and influence the public policy agenda, and that they must be accountable and answerable to somebody other than the press.

The lobbying industry also emphasises that its activities are actually beneficial to the body politic and to democracy at large. There are at least two sides to every argument, and as in a court of law it is only right that both parties should have access to professional representation that will ensure that their side of the argument is put across in a coherent and cogent fashion.

It is also the case that the lobbying industry goes some way towards redressing the huge in-built advantage that the government of the day has. The government has the civil service at its disposal, and senior ministers usually have their own Special Advisers (SpAds). Lobbyists supply government backbench MPs and opposition front and backbenchers with detailed briefs and arguments that prevent the government from having a free run with its policies and legislation.

It is also undoubtedly true that the lobbying industry helps parliament to produce better legislation. At a time when bills are more strictly timetabled than ever, lobbyists help redress the huge advantages that governments have both by their access to the civil service and their majority position in the House of Commons. Whether it is by responding to consultation documents, or by providing MPs and peers with detailed arguments or carefully drafted amendments, final Acts of Parliament undoubtedly emerge as better pieces of legislation as a result of the input of lobbyists.

So there is a strong argument for saying that lobbying is not just legitimate, it is also laudable. That is not to say that lobbying is above reproach, or that all lobbyists invariably behave in an ethical fashion. But then neither do all lawyers, accountants, doctors, journalists or politicians.

It is the fact that not all lobbyists behave impeccably at all times that has led to a number of damaging stories in the Guardian, Times, The Sunday Times and the Observer – not to mention websites such as that of Guido Fawkes. In order to address these problems, we saw in the previous section how John Major’s government set up the Committee on Standards in Public Life, and how the lobbying industry set up the APPC and then the UK Public Affairs Council (UKPAC).

There are three bodies involved in the self-regulation of the lobbying industry in the UK. They are: the Chartered Institute of Public Relations and its specialist group CIPR Public Affairs (formerly Government Affairs or GAG), the Association of Professional Political Consultants (APPC) and the Public Relations Consultants Association (PRCA), with its own specialist group PRCA Public Affairs. In 2010 these bodies came together to initiate the UKPAC, with a unified set of Guiding Principles and a shared online register.

Sadly UKPAC did not stand the test of time. The first version of its online register was hit with technical problems and although the three industry bodies did manage to agree on a generic set of principles, and did maintain a broadly united front when it came to responding to the coalition government’s Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014, other differences (and a degree of commercial rivalry) ultimately sealed UKPAC’s fate. The PRCA withdrew its support and as a consequence of this, and also of the Act’s insistence on a government-appointed regulator, UKPAC was allowed to quietly slip into a coma in 2014. The UKPAC database register, however, was fully funded, with a view to keeping it operational at least up until the 2015 general election.

The oldest of the three self-regulatory bodies, the CIPR, was founded in 1947. It received its Royal Charter in 2006. The Royal Charter requires its members to always act in a way that contributes to the public good, while the code of conduct requires members to maintain the highest standards of professional endeavour, integrity, confidentiality, financial propriety and personal conduct. ’

The basis of the CIPR disciplinary apparatus is a general code on ethical behaviour, backed up by a formidable complaints and disciplinary apparatus. The most important section of the CIPR Code of conduct reads as follows:

1. Members of the Chartered Institute of Public Relations agree to:

a) maintain the highest standards of professional endeavour, integrity, confidentiality, financial propriety and personal conduct;

b) deal honestly and fairly in business with employers, employees, clients, fellow professionals, other professions and the public;

c) respect, in their dealings with other people, the legal and regulatory frameworks and codes of all countries where they practise;

d) uphold the reputation of, and do nothing that would bring into disrepute, the public relations profession or the Chartered Institute of Public Relations;

e) respect and abide by this Code and related Notes of Guidance issued by the Chartered Institute of Public Relations and ensure that others who are accountable to them (e.g. subordinates and sub-contractors) do the same;

f) encourage professional training and development among members of the profession in order to raise and maintain professional standards generally.

CIPR Public Affairs members now also have to be members of the parent body, the CIPR. As such they are bound by the CIPR’s code of conduct. In the past the CIPR Government Affairs Group had has its own code of conduct, which dealt with integrity, transparency, confidentiality, undue influence and conflicts of interest. However, when it became mandatory for all members of the public affairs specialist group to become full members of the parent body, and therefore subject to its over-arching code, this was dropped.

All potential transgressions against the CIPR Code of Conduct are referred initially to the CIPR’s Professional Practices Committee, and if no satisfactory solution is reached cases are then passed on to the Disciplinary Committee. This committee can fine, suspend or expel members.

The PRCA was set up in 1969 and represents most of the larger consultancies in the UK. It also now represents individual practitioners and freelancers. Its members are mainly in public relations, but many of them also have a public affairs division. The section of the PRCA Code of Conduct dealing with public affairs is much more detailed than the CIPR equivalent, and is much more closely aligned with that of the APPC. The relevant section is:

The Code of Conduct

1. In pursuance of the principles in this Code, PRCA members conducting lobbying services are required not to act or engage in any practice or conduct in any manner detrimental to the reputation of the Association or the profession of political communications in general.

2. PRCA members conducting lobbying services must act with honesty towards the institutions of government.

3. PRCA members conducting lobbying services must use reasonable endeavours to satisfy themselves of the truth and accuracy of all statements made.

4. In making representations to the institutions of government, PRCA members conducting lobbying services must be open in disclosing the identity of their employers and must not misrepresent their interests.

5. PRCA members conducting lobbying services must advise colleagues where their activities may be illegal, unethical or contrary to professional practice, and to refuse to act in pursuance of any such activity.

6. PRCA members conducting lobbying services must not make misleading, exaggerated or extravagant claims, or otherwise misrepresent, the nature or extent of their access to institutions of government or to political parties or to persons in those institutions.

7. PRCA members conducting lobbying services must comply with the Bribery Act 2010.

8. PRCA members conducting lobbying services must not:

•Employ any MP, MEP, sitting Peer or any member of the Scottish Parliament or the National Assembly of Wales or the Northern Ireland Assembly or the Greater London Authority;

•Make any award or payment in money or in kind (including equity in a member organisation) to any MP, MEP, sitting Peer or to any member of the Scottish Parliament or the National Assembly of Wales or the Northern Ireland Assembly or the Greater London Authority, or to connected persons or persons acting on their account directly or through third parties.

9. PRCA members conducting lobbying services must comply with any statute, Westminster or Scottish Parliamentary or National Assembly of Wales or Northern Ireland Assembly or Greater London Authority resolution and with the adopted recommendation of the Committee on Standards in Public Life in relation to payments to a political party in any part of the United Kingdom.

10. PRCA members conducting lobbying services who are also local authority councillors are prohibited from working on an assignment of which the objective is to influence a decision of the local authority on which they serve.

The APPC was set up in 1994, as a direct result of the furore surrounding the allegations made by Mohamed al Fayed and the Guardian about the activities of IGA and Conservative MPs and ministers. It represents most specialist public affairs agencies, and operates a strict code of conduct. This not only contains the general requirement to behave openly and ethically, but also the requirement that all staff and clients must be listed on the APPC website, and that no member company can employ an MP, peer, MEP, MSP, or Northern Ireland or Greater London Assembly member. It also bans its members from holding parliamentary security passes.

The full text of the APPC Code of Conduct, which has evolved and developed over many years, reads as follows:

1. In pursuance of the principles in this Code, political practitioners are required to adhere to this Code in its entirety in order to ensure that the reputation of the Association or the profession of political consultancy is not brought into disrepute.

2. Political