Transparency of Interest Representatives (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
Access to Information, Anti-Corruption, Asset Disclosure, Conflicts of Interest, E-Government, Open DataIRM 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
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.
Commitments
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Transparency of Public Services
FR0030, 2018, E-Government
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Transparency of Public Procurement
FR0031, 2018, Access to Information
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Transparency of Development Aid
FR0032, 2018, Access to Information
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Expand Open Data
FR0033, 2018, Access to Information
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Improved Data Policies and Administration
FR0034, 2018, Access to Information
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Transparency of Public Algorithms
FR0035, 2018, E-Government
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Open Data at Sub-National Level
FR0036, 2018, Access to Information
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State AI Lab
FR0037, 2018, Automated Decision-Making
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Administrative Capacity-Building
FR0038, 2018, Capacity Building
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Public Service Incubators
FR0039, 2018, Capacity Building
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Streamline Data Flows
FR0040, 2018, Access to Information
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Open Etat Forum
FR0041, 2018, E-Government
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Online Procedures Dashboard
FR0042, 2018, E-Government
-
Govtech Summit
FR0043, 2018, Capacity Building
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Improve Public Consultation Mechanisms
FR0044, 2018, E-Government
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International Transparency and Citizen Participation
FR0045, 2018, Aid
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Public Pariticipation in Sustainable Development
FR0046, 2018, Access to Information
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Open Science
FR0047, 2018, Access to Information
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Citizen Involvement in Cour Des Comptes
FR0048, 2018, Access to Information
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Transparency of Interest Representatives
FR0049, 2018, Access to Information
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Access to Information on Public Officials
FR0050, 2018, Access to Information
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Open Regional and Local Authorities' Data
FR0001, 2015, Access to Information
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Publish Municipal Council Decisions and Reports Online
FR0002, 2015, E-Government
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Publish Building Permits in Open Data Format
FR0003, 2015, Access to Information
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Increase Transparency in Public Procurement
FR0004, 2015, Access to Information
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Improve Transparency in International Development Aid
FR0005, 2015, Access to Information
-
Open Access to Public Policy Evaluations
FR0006, 2015, E-Government
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Involve Citizens in Cour Des Comptes Work
FR0007, 2015, Access to Information
-
Access to Public Officials Transparency Obligations
FR0008, 2015, Access to Information
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Beneficial Ownership
FR0009, 2015, Anti-Corruption
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Transparency in Extractive Industries
FR0010, 2015, Anti-Corruption
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Transparency in International Trade Commercial Negotiations
FR0011, 2015, Access to Information
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Fix My Neighborhood
FR0012, 2015, E-Government
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Digital Fix-It
FR0013, 2015, Access to Information
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Co-Produce Data Infrastructure with Civil Society
FR0014, 2015, Access to Information
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Open Legal Resources
FR0015, 2015, Access to Information
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Reform Participatory Mechanisms
FR0016, 2015, Open Regulations
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Mediation and Justice
FR0017, 2015, Access to Justice
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Open and Circulate Data
FR0018, 2015, Access to Information
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Open Calculation Models and Simulators
FR0019, 2015, Access to Information
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Open Platform for Government Resources
FR0020, 2015, E-Government
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Improve Public Services Through E-Government and User Interaction
FR0021, 2015, E-Government
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Empower Civil Society to Support Schools
FR0022, 2015, E-Government
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Diversify Recruitment Within Public Institutions
FR0023, 2015, Capacity Building
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Culture Change
FR0024, 2015, Capacity Building
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Spread Public Innovation
FR0025, 2015, Capacity Building
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Protect Against Conflicts of Interest
FR0026, 2015, Anti-Corruption
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Civil Society & Transparency in COP21 Conference Planning
FR0027, 2015, Environment and Climate
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Open Data and Climate/Sustainable Development
FR0028, 2015, Access to Information
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Collaborate with Civil Society on Climate and Sustainable Development
FR0029, 2015, Environment and Climate