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France

Private Sector Transparency (FR0049)

Overview

At-a-Glance

Action Plan: France Action Plan 2018-2020

Action Plan Cycle: 2018

Status: Active

Institutions

Lead Institution: High Authority for Transparency in Public Life (HATVP)

Support Institution(s): NA

Policy Areas

Asset Disclosure, Conflicts of Interest, E-Government, Open Data, Records Management

IRM Review

IRM Report: France Design Report 2018-2020

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information Civic Participation

Potential Impact:

Implementation i

Completion: Pending IRM Review

Description

Ensuring greater transparency in representatives of interests’ activities
Lead institution(s):
High Authority for Transparency in Public Life (HATVP)
New commitment
OGP principles with which the commitment is associated:
Access to information, participation, accountability, transparency
Challenges
As the OECD stresses in its “Recommendation on Principles of Transparency and Integrity in Lobbying” published in 2010, “information and communication technologies” should “enable stakeholders – including civil society organisations, businesses, the media and the general public – to scrutinise lobbying activities”. Also, open publication of data from the repository of information on representatives of interests would enable (when, for example, it is confronted with other data on parliamentary deliberations) improved clarity in production of standards.
Enacted in December 2016, the law bearing on transparency, the fight against corruption, and modernisation of economic life (“Sapin 2”) entrusted the High Authority for Transparency in Public Life with creation of a digital repository of data on representatives of interests. For the first time in France, this aims to provide citizens with information on representatives of interests and their relations with public officials when public decisions are made.
Objectives
Ensuring transparency in the digital repository of representatives of interests.
The scheme will be implemented in three phases:
1 July to 1 September 2017: registration of representatives of interests in the repository
(type of organisation, contact details, identity of directors, customers, activity field,
etc.). A breaking-in period has been allowed for up until 31 December 2018;
1 January to 30 April 2018: publication of reports on representation of interests actions carried out over the second half of 2017 (interests represented, actions carried out,
public officials targeted, related expenditure, etc.);
as from 1 July 2018: extension of the system to relations between representatives of
interests and local authority and central administration officials.
During 2018, the High Authority will also facilitate exploitation of and additions to the repository of representations of interests by:
making the repository’s source code available
opening data on identities of representatives of interests
It will also call upon civil society to contribute to thinking on making data on representation of interests actions available, with a view to its publication in open data during the first half of 2018.
The road map in detail

Organising one or more workshops in order to associate civil society with thought on criteria for making the data repository available and its enrichment 1st half 2018
Opening the repository’s source code 2nd half 2018
Publishing, in an open and easily reusable format, data from the repository of information on representatives of interests 1st half 2018
Publishing, in an open and easily reusable format, the list of public officials regarding whom a communication may constitute an action of representation of interests 2nd half 2018

IRM Midterm Status Summary

20. Ensuring greater transparency in representatives of interests’ activities

Language of the commitment as it appears in the action plan:

As the OECD stresses in its “Recommendation on Principles of Transparency and Integrity in Lobbying” published in 2010, “information and communication technologies” should “enable stakeholders – including civil society organisations, businesses, the media and the general public – to scrutinise lobbying activities”. Also, open publication of data from the repository of information on representatives of interests would enable (when, for example, it is confronted with other data on parliamentary deliberations) improved clarity in production of standards.

Enacted in December 2016, the law bearing on transparency, the fight against corruption, and modernisation of economic life (“Sapin 2”) entrusted the High Authority for Transparency in Public Life with creation of a digital repository of data on representatives of interests. For the first time in France, this aims to provide citizens with information on representatives of interests and their relations with public officials when public decisions are made.

The scheme will be implemented in three phases:

  • 1 July to 1 September 2017: registration of representatives of interests in the repository (type of organisation, contact details, identity of directors, customers, activity field, etc.). A breaking-in period has been allowed for up until 31 December 2018;
  • 1 January to 30 April 2018: publication of reports on representation of interests actions carried out over the second half of 2017 (interests represented, actions carried out,

public officials targeted, related expenditure, etc.);

  • as from 1 July 2018: extension of the system to relations between representatives of interests and local authority and central administration officials.

During 2018, the High Authority will also facilitate exploitation of and additions to the repository of representations of interests by:

  • making the repository’s source code available
  • opening data on identities of representatives of interests

It will also call upon civil society to contribute to thinking on making data on representation of interests actions available, with a view to its publication in open data during the first half of 2018. [84]

Milestones

20.1 Organising one or more workshops in order to associate civil society with thought on criteria for making the data repository available and its enrichment

20.2 Opening the repository’s source code

20.3 Publishing, in an open and easily reusable format, data from the repository of information on representatives of interests

20.4 Publishing, in an open and easily reusable format, the list of public officials regarding whom a communication may constitute an action of representation of interests

Start Date: 2018

End Date: 2018

Context and Objectives

France introduced a digital repository of data on representatives of interests with the law bearing on transparency, the fight against corruption, and modernization of economic life (“Sapin 2”), adopted in 2016. This commitment contributes to the implementation of the Sapin 2 law. It would involve civil society in brainstorming how the data should be presented. It would open the source code, which would allow anyone to inspect, modify, and enhance the software. It would also publish data contained in the register and the list of public officials with whom communication could constitute a form of lobbying.

This commitment aims to provide citizens with access to new information regarding lobby groups who seek to influence decision makers, making it relevant to access to information. It also contains a participative dimension within the first milestone, making it relevant to the OGP value of civic participation.

Overall, the commitment is specific enough to be verifiable. The milestones contain a sufficient level of detail to be able to be assessed (e.g., open the source code, publish the register in an open and reusable format).

This initiative has a potentially transformative effect. The publication of data on lobby groups and relevant public officials would be a major step toward improving the transparency of decision making and toward a clearer legislative footprint. This commitment largely consists of the implementation of a law adopted in 2016. At that time, several civil society organizations (including Regards Citoyens and Transparency International France, as well as the implementing agency itself —the High Authority for the Transparency of Public Life—and the Syndicat de la Magistrature) raised concerns about the watering down of the initial bill. They cited the absence of obligation for lobbyists to publish their positions, amendments, bills, etc. [85] They also cited the exclusion of certain groups, such as religious organizations, [86] and the insufficient information required from lobbyists. [87]

Next steps

The IRM researcher recommends that the commitment be prioritized in the next action plan and that:

  • The commitment links to Commitment 21 and include the possibility of linking the register with the database of officials’ assets and interests;
  • The commitment includes an evaluation of the existing register;
  • The commitment furthers its ambition to include interest groups’ and their representatives’ positions on various issues;
  • The commitment includes the aim to make interest groups disclose the specific laws they seek to influence;
  • The commitment includes all groups that seek to influence policy makers, including religious groups and associations of elected officials; and
  • The commitment requires the publication of policy makers’ calendars, from the legislative and executive branches of government, to make the legislative footprint more visible.
[84] For a Transparent and Collaborative Government: France National Action Plan 2018–2020, https://www.opengovpartnership.org/wp-content/uploads/2018/08/France-Action-Plan-2018-2020-English.pdf (accessed on 10 January 2019).
[85] Syndicat de la Magistrature, Observations du Syndicat de la Magistrature sur le Projet de loi Relatif à la Transparence, à la Lutte Contre la Corruption et à la Modernisation de la vie Économique, 2016, https://cdn2.nextinpact.com/medias/observation-sapin-2---juin-16.pdf (accessed on 21 February 2019).
[86] “Transparence du Lobbying: Transparency International Préoccupé par les Premiers Détricotages de la loi Sapin 2,” Transparency International France, 2018, https://transparency-france.org/actu/transparence-lobbying-transparency-international-preoccupe-premiers-detricotages-de-loi-sapin-2/ (accessed on 21 February 2019).
[87] “Registre du Lobbying: L’avis de la Haute Autorité sur le Projet de Décret,” HATVP, 18 April 2017, https://www.hatvp.fr/presse/registre-du-lobbying-la-haute-autorite-rend-public-son-avis-sur-le-projet-de-decret/ (accessed on 21 February 2019); and “Loi Sapin: Le Lobbying a Besoin de Réglementation, pas d’un Annuaire Publicitaire,” Regards Citoyens, 30 March 2016, https://www.regardscitoyens.org/loi-sapin-le-lobbying-a-besoin-de-reglementation-pas-dun-annuaire-publicitaire/ (accessed on 21 February 2019).

Commitments

  1. Transparency of Public Services

    FR0030, 2018, E-Government

  2. Transparency of Public Procurement

    FR0031, 2018, E-Government

  3. Transparency of Development Aid

    FR0032, 2018, Aid

  4. Expand Open Data

    FR0033, 2018, E-Government

  5. Improved Data Policies and Administration

    FR0034, 2018, Capacity Building

  6. Transparency of Public Algorithms

    FR0035, 2018, E-Government

  7. Open Data at Sub-National Level

    FR0036, 2018, Capacity Building

  8. State AI Lab

    FR0037, 2018, Capacity Building

  9. Administrative Capacity-Building

    FR0038, 2018, Capacity Building

  10. Public Service Incubators

    FR0039, 2018, Capacity Building

  11. Streamline Data Flows

    FR0040, 2018, E-Government

  12. Open Etat Forum

    FR0041, 2018, E-Government

  13. Online Procedures Dashboard

    FR0042, 2018, E-Government

  14. Govtech Summit

    FR0043, 2018, Capacity Building

  15. Imrove Public Consultation Mechanisms

    FR0044, 2018, E-Government

  16. International Transparency and Citizen Participation

    FR0045, 2018, Aid

  17. Public Pariticipation in Sustainable Development

    FR0046, 2018, Capacity Building

  18. Open Science

    FR0047, 2018, E-Government

  19. Citizen Involvement in Cour Des Comptes

    FR0048, 2018, Capacity Building

  20. Private Sector Transparency

    FR0049, 2018, Asset Disclosure

  21. Access to Information on Public Officials

    FR0050, 2018, Asset Disclosure

  22. Open Regional and Local Authorities' Data

    FR0001, 2015, Fiscal Transparency

  23. Publish Municipal Council Decisions and Reports Online

    FR0002, 2015, E-Government

  24. Publish Building Permits in Open Data Format

    FR0003, 2015, Open Data

  25. Starred commitment Increase Transparency in Public Procurement

    FR0004, 2015, Open Contracting and Procurement

  26. Improve Transparency in International Development Aid

    FR0005, 2015, Aid

  27. Open Access to Public Policy Evaluations

    FR0006, 2015, E-Government

  28. Involve Citizens in Cour Des Comptes Work

    FR0007, 2015, Fiscal Transparency

  29. Access to Public Officials Transparency Obligations

    FR0008, 2015, E-Government

  30. Starred commitment Beneficial Ownership

    FR0009, 2015, Beneficial Ownership

  31. Transparency in Extractive Industries

    FR0010, 2015, Extractive Industries

  32. Transparency in International Trade Commercial Negotiations

    FR0011, 2015, Labor

  33. Fix My Neighborhood

    FR0012, 2015, E-Government

  34. Digital Fix-It

    FR0013, 2015, Open Data

  35. Co-Produce Data Infrastructure with Civil Society

    FR0014, 2015, Open Data

  36. Starred commitment Open Legal Resources

    FR0015, 2015, Legislation & Regulation

  37. Reform Participatory Mechanisms

    FR0016, 2015, Public Participation

  38. Mediation and Justice

    FR0017, 2015, Judiciary

  39. Starred commitment Open and Circulate Data

    FR0018, 2015, Land & Spatial Planning

  40. Open Calculation Models and Simulators

    FR0019, 2015, Open Data

  41. Open Platform for Government Resources

    FR0020, 2015, E-Government

  42. Improve Public Services Through E-Government and User Interaction

    FR0021, 2015, E-Government

  43. Empower Civil Society to Support Schools

    FR0022, 2015, E-Government

  44. Diversify Recruitment Within Public Institutions

    FR0023, 2015, Capacity Building

  45. Culture Change

    FR0024, 2015, Capacity Building

  46. Spread Public Innovation

    FR0025, 2015, Capacity Building

  47. Starred commitment Protect Against Conflicts of Interest

    FR0026, 2015, Conflicts of Interest

  48. Civil Society & Transparency in COP21 Conference Planning

    FR0027, 2015, Environment and Climate

  49. Open Data and Climate/Sustainable Development

    FR0028, 2015, Open Data

  50. Collaborate with Civil Society on Climate and Sustainable Development

    FR0029, 2015, Environment and Climate