The problem of interest group regulation is complex. Although there is a developing international consensus that regulation through a mandatory registry is an appropriate mechanism for capturing information about interest group activity, there is less evidence about the effects of such regulation. The definition of interest groups for regulatory purposes is a vital part of any regulatory framework, and will be the main focus of this report.
Despite the pejorative connotations of the term, international legislation in English speaking countries has developed around a desire to regulate ‘lobbyists’. For this report, comparisons are made between definitions of lobbyists, rather than interest groups as such.
This confusion is unavoidable, yet it is worth preserving a distinction between lobbyists and interest groups, so that the broader concern for defining all those interests that are involved in government decision making can be preserved.
The international experience of interest group definition for regulation has been that ‘vague or partial definitions of who is covered, or what activities are encompassed, leads to non-compliance or inadequate compliance’ (Pross 2007: 15).
Pross recommends a broad and inclusive definition of lobbyists and lobbying activities as well as the theatre of lobbying. He adds that lobbyists are commonly defined by the receipt of compensation for their activities.
Where such a definition is impractical or impolitic, lobbyists are defined by virtue of carrying out specified lobbying activities, with the explicit exclusion of certain types of political actors such as indigenous groups or state or federal officials, depending on particular circumstances.
This preference for a broad approach is echoed by recent international studies into interest group definition, at least as a starting point (OECD 2010; PASC 2009:6).
It is also clear that definitions reflect the broad constitutional and political realities of the country for which they are devised. Therefore, they cannot be transferred from one political system to another without careful consideration and modification. (Pross 2007: 15).
