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ЛОБ1ЗМ У СПОЛУЧЕНОМУ КОРОЛ1ВСТВ1 ВЕЛИКО! БРИТАНП ТА П1ВШЧНО1 1РЛАНД11: ВИТОКИ ТА СЬОГОДЕННЯ
Яровой Т.
кандидат наук з державного управлтня, доцент, доцент кафедри публгчного адмШстрування М1жрегюнально'1 АкадемПуправлгння персоналом, м. Кшв
LOBBYISM IN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND:
ORIGINS AND PRESENT
Yarovoi T.
Candidate of Sciences in Public Administration, Associate Professor, Associate Professor of the Department of Public Administration Interregional Academy of Personnel Management, Kyiv
АНОТАЦ1Я
В статп проаналiзовано особливосп англосаксонсько! моделi лобшвання на приклащ Сполученого Королiвства Велико! Британи та Швшчно! 1рлавди. Науковий штерес до лобшвання в цш краш обумов-лений, перш за все, давньою традищею лобiзму, високим рiвнем впливу лобютських структур Великобритании в СС та Свт, а також тим, що британський лобiзм став основоположною моделлю для лобiзму ряду кра!н: США, Канади, Австралii тощо.
Автор розглядае становлення лобiзму в Великобританп та пропонуе перiодизацiю, обумовлену соща-льно-полiтичними змiнами в британському суспiльствi. Зокрема, запропоновано подiл генези моделi лобь стсько! дiяльностi Великобританп на три основт iсторичнi етапи: перюд елгтарного лобiзму; буржуазний iмперський перiод; громадський перiод. Коротко розглянуто роль лобiзму у входженнi Великобританп до СЕС, а також - лобшвання в рамках Брекзиту.
В ходi дослвдження продемонстровано, що наразi регулювання лобiзму у Великобританii' здшсню-еться шляхом регуляцii поведiнки державних службовщв в контекстi !х взаемодп з лобiстами. На це спря-моваиi вiдповiднi етичнi кодекси: Кодекс державного службовця; Кодекс управлiнця; Кодекс поведшки Палати лордiв; Кодекс поведшки Палати громад. Крiм того, у Великобританп створено i працюе шлька незалежних професiйних оргаиiзацiй: Асоцiацiя професшних полiтичних консультантiв (APCC); Асоцiа-щя консультантiв по зв'язках з громадсьшстю (PRCA); Дипломований iнститут зв'язкiв з громадсьшстю (CIPR). Все це дозволяе вважати наявну систему регулювання лобшвання у Великобританп доволi ефек-тивною, однак не надто пiдходящою для адаптацп в укра!нських реалiях. 1нтерес становлять окремi напра-цювання, на кшталт кодексiв поведiнки державних службовщв стосовно лобiзму.
ABSTRACT
The article analyzes the features of the Anglo-Saxon model of lobbying on example of the United Kingdom of Great Britain and Northern Ireland. The scientific interest in lobbying in this country is primarily due to the long tradition of lobbyism, the high level of influence of British lobbying structures in the EU and the World, and also on the fact that British lobbyism has become the fundamental model for lobbyism in a number of countries: the USA, Canada, Australia, etc.
The author examines the emergence of lobbyism in the UK and offers periodization due to socio-political changes in British society. In particular, it is proposed to divide the genesis of the model of lobbying in Britain into three main historical stages: the period of elitist lobbyism; bourgeois imperial period; public period. A brief discussion of the role of lobbyism in the UK's entry into the EEC, as well as lobbying within the framework of the Brexit.
The study showed that lobbyism in the UK is currently regulated by the behaviour of the civil servants in the context of their interaction with lobbyists. Appropriate ethical codes have been sent for this purpose: Code of a Civil Servant; Code of the Manager; Code of Conduct for the House of Lords; Code of Conduct for the House of
Commons. In addition, several independent professional organizations have been established and operate in the UK: Association of Professional Compliance Consultants (APCC); Public Relations and Communications Association (PRCA); Chartered Institute of Public Relations (CIPR). All this suggests that the existing system of lobbying regulation in the UK is quite effective, but not very suitable for adaptation in Ukrainian realities. Of particular interest are individual developments, such as the codes of conduct of the civil servants in relation to lobbyism.
Ключовi слова: лобшвання, лобiзм, перюдизащя лобшвання, регулювання лобшвання, Сполучене Королiвство Велико1 Британи та Швтчно1 1рландп, державне управлшня.
Keywords: lobbying, lobbyism, periodization of lobbying, regulation of lobbying, United Kingdom of Great Britain and Northern Ireland, public administration.
Relevance of the study of the outlined topic
Given the origin of the term "lobbyism" any thorough study of lobbyism as a phenomenon must take into account the experience of the United Kingdom of Great Britain and Northern Ireland (the United Kingdom), a country that has begun the modern terminology and, in general, of lobbyism, in its civilized understanding. Currently, lobbyism in the UK is considered to be as natural as the parliament. This is supported by the established practice of holding hearings in the Parliament. Access to the lobby and the gallery of the Parliament during the sessions of the chambers, with the cases of rare exceptions, is open to all the interested persons. With its origins in the 16th-17th centuries, British lobbism went a long way to evolving together with the empire, and eventually giving way to national lobbying systems for a number of countries emerging from under the British rule in the 17th -20th centuries. It is natural that the national peculiarities of lobbying, as well as the normative principles of lobbying regulation in the US, Canada, Australia, are somewhat (and somewhat also to a large extent) degree similar to the original British ones. For Ukraine, where lobbying is still the object of research by scholars and to a large extent the sphere of abuse, and not the effective public influence on the state machinery, the analysis of such experience is extremely relevant. All this causes the urgent need for research on the origins, the development of British lobbyism, and also - its current state of affairs.
Purpose of the article: To analyze the peculiarities of the formation and the current state of the lobbying institute in the United Kingdom of Great Britain and Northern Ireland.
Analysis of previous studies and publications.
Lobbying for a long time is the sphere of interests of researchers in the fields of political science, law, public administration. In particular, the analysis of the institutionalization of lobbying in the United Kingdom, the United States, Canada, and the European Union is reflected in the works of R. Becker, J. Berry, G. Witt-kamper, B. Walp, J. Greenwood, R. Davidson, L. Zetter, K. Kumbs, L. Milbray. The legal basis for the functioning of lobbying is considered in the writings of A. Bobrovsky, O. Diahilev, O. Lyubimov, V. Nesterovych, O. Odintsova, V. Fedorenko. Institutional aspects of lobbying are studied by M. Gazizov, O. Grosfeld, O. Dluhopolsky, O. Zverev, O. Molodtsov, R. Matskevich, P. Tolstykh and other researchers. However, the dynamics of the geopolitical processes and the development of this phenomenon in the national dimension and in the world in general, necessitate further detailed research.
Main content of the study
Symbolism of the study of lobbyism in the UK is due to the fact that even the term "lobbyism", derived from the English token "lobby", was borrowed from medieval Latin [1, p. 605]. In use, the word "lobby" came from the year 1553, first of all, to denote corridors in monasteries where secular people and clergy met political affairs, and from 1640 - in the premises around the courtrooms at the House of Commons of the British Parliament where the citizens and legislators met [2, c. 376]. A distinctive feature of the architectural footprints called the "lobby" in those days was that it was here that British deputies were allowed to meet with all those interested citizens in legislative activity that were denied access to plenary meetings of the House of Commons. It was in the "lobby" that representatives from various interest groups were waiting for the deputies to discuss with them certain issues of a legislative nature and by the power of persuasion or other methods to influence the outcome of further voting [3, p. 468].
Within the framework of the review of the genesis of British lobbyism, three conditional periods can be outlined whose chronological framework, however, remains rather blurred. The first period is appropriately called the era of "elitist lobbyism". At the time of the alleged appearance of the term "lobbyism", the elite day has already lasted. During this period, lobbying agents were exclusively representatives of the old British aristocracy, including the aristocrats of Scotland, Ireland, who tried to implement national (and mainly personal) interests through pressure, bribery of the monarch and his entourage.
The period of "elitist lobbyism" ended with the English Revolution (1642-1660), which restricted the monarch's absolutism, contributed to the spread of bourgeois relations both in the Albion and in the colonial possessions of the Great Britain, giving rise to a new "bourgeois imperial period". This period was characterized by an increase in the influence of wealthy inhabitants of the British islands and colonies that mainly served as actors of lobbying. In the course of the "bourgeois imperial period", not least because of the growing influence of local lobbyists, the majority of the great British colonies gain independence: the USA, Canada, and Australia. And if the US, which gained its independence back in 1776, formed its own traditions of public influence on the state mechanism, for example, Canada almost gained sovereignty as early as 1931 [4]. Accordingly, the Canadian lobbyist tradition, unlike the United States, developed within the British Empire. Thus, in the 19th century the Anti-Corn Law League, one of the most prominent and powerful lobby groups of the period, was quite successful in British Canada.
In 1842 the League put pressure on the government to amend the laws that kept the price of grain at a high level. The organization met with influential politicians, delivered reports and appeals to the public, organized demonstrations, published articles in the media, and as a result succeeded in influencing changes to the law [5]. Some features of the Canadian lobbyism were discussed in more detail in previous publications [6]. In general, the phenomenon of the proliferation and genesis of the lobbying institute in former British colonies is still awaiting a comprehensive study.
From the middle of the 20th century, after the actual collapse of the British Empire, a new "public period" of British lobbying came. A characteristic feature of this phase was the growing role of the public (including - due to the growing influence of the media). At the same time, the influence of large corporations remains tangible. Thus, the entry of the UK into the EEC (1973) was due to the advocacy of the competitiveness of British industrial producers. In the future, UK actively lobbied its interests within the newly created structure. Interestingly, the same thing - lobbying is explaining the emergence and advancement of the idea of "Brexit" (Brekzit in the Ukrainian transcription) [7]. At the same time, in the course of the Brexit itself there are trends in lobbying interests, first of all, for big business in the UK. For example, between October 2016 and March 2017 most of the UK meetings with EU ministers focused on financial policy and included meetings with TheCityUK (present at eight meetings), HSBC (present at six meetings), and Goldman Sachs (representatives of which participated in four meetings). During that same time, each of UK's largest trade unions - Unison and Unite - had at most one meeting with the European Union ministers [8]. This suggests that, even at the current stage of British lobbying, large customers of lobbying services are far ahead of the public in their activity and, probably, opportunities.
The peculiarity of legislative regulation of lobby-ism in UK is to direct restrictive measures not on lobbyists, but primarily on the civil servants. Currently, the Committee on Standards in Public Life, established in 1994 under the Prime Minister J. Mayjory [9], is directly responsible for regulating the relationship between the lobbyists and civil servants. An important role is played by normative acts on the ethics of the civil servants and parliamentarians. For example, the main document defining the rules of conduct of a civil servant in dealing with lobbyists is the Civil Service Code, on the basis of which each department adopts its Management Code. In the House of Commons of the British Parliament rules governing the interaction of a parliamentarian with representatives of influential groups are regulated by the House of Commons Code of Conduct, and the House of Lords Code of Conduct in the House of Lords.
The set of rules of conduct outlined by these codes is a set of measures that to some extent regulate the lobbying activity, in particular: 1) members of the British Parliament may be charged for advising lobbyists, but they are prohibited from doing such acts during the legislative process; 2) a member of Parliament can not discuss the issues affecting his interests, however, he may
participate in their discussion, publicly declaring their interest; 3) in the case of a conflict of interest, the parliamentarian is guided by the state interest [10; 11]. Thus, British law not only does not forbid the parliamentarians to act as lobbyists, but also provides a clear mechanism for permitted interaction with the interest groups whose main principle is openness and ethical conduct.
However, despite the lack of a special law regulating lobbying activity, there are also professional lobbyists in the UK. They independently unite in the association and develop the "rules of the game" following their implementation and regulating the market for lobbying services. In the United Kingdom several independent professional organizations have been established and operating: The Association of Professional Political Consultants (APCC) [12], The Public Relations Consultants Association (PRCA) [13], Chartered Institute of Public Relations (CIPR) [14]. At the same time APCC and CIPR conduct their own lists of lobbyists which testifies about the planned tendencies of unification of the internal rules of these associations.
The problem of lobbyism and British scholarly thought has not disappeared. So, in 1994, the British expert K. Kums in his study proposed two definitions of lobbyism. First: lobbyism is the realization of the right of every citizen to apply to his government; second - lobbyism is a professional activity of the employees or special advisers hired by companies, business and professional associations, trade unions and other groups to represent the interests of these organizations in the process of shaping the public policy [15, p. 34]. Thus, the British scientist outlined a broad and narrow definition of lobbyism as a phenomenon. Another fundamental research work on lobbyism was the book by the British researcher Lainel Zetter "Lobbying: the Art of Political Persuasion", published in 2008. It is noteworthy that this work was written by the author based on his experience in the House of Commons and the House of Lords of the UK. The author focuses on the leading role of lobbyism in the political system of the country, examines its history of origin and nature, various tools of lobbying campaigns, emphasizing the importance of working with the media [16]. Thus, the United Kingdom not only has become the homeland of lobbyism in its modern presentation, but continues to give it development, scientific evaluation, and of course - actively uses the lobbyist toolkit to realize the interests of its subjects.
Conclusions
The United Kingdom is the birthplace of the term "lobbyism", and it is from this country that the school of lobbyism has its origin characteristic of all the countries of the Anglo-Saxon model: the USA, Canada, Australia, etc.
In its history, British lobbyism has undergone a series of stages of formation that we divide into three: the period of elitist lobbyism; bourgeois imperial period; public period. Each stage was characterized by a predominance among the subjects of lobbying of certain segments of the population.
Modern British are loyal to lobbyism believing that problems with lobbyism begin only when it generates corruption, when the principles of ethics of a public official and parliamentarian are violated, there is a material interest in a policy in one or another public decision. Accordingly, the key feature of the modern British lobbyism is that the legislator prefers to regulate not the activities of the interest groups, but the work of the politicians and civil servants. The regulation of the behaviour of the civil servants in the context of their interaction with lobbyists is directed to the relevant ethical codes: the Civil Service Code; Management Code; House of Lords Code of Conduct; House of Commons Code of Conduct.
The experience of forming the UK lobbying institute has a pronounced specificity due to historical and other factors. However, some developments in particular regarding the regulation of the behaviour of the civil servants in the context of their interaction with lobbyists can be used in Ukraine.
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