For many in-house lawyers in industry, lobbying and the ability to influence the legislative process are critical to business success. But who should you talk to, when, and how? What should you say? We gathered a group of GCs and regulatory professionals from very different backgrounds, including established entities and industry disruptors. Daniel Greenberg led the session, offering unique insight from his roles as Counsel for Domestic Legislation at the House of Commons, General Editor of Annotated Statutes and the Insight Encyclopaedia for Westlaw UK, Editor of Craies on Legislation and former UK Parliamentary Counsel.
Our participants shared war stories, but Greenberg’s advice equipped them with a clear battle plan. His first recommendation was to identify whether the proposed law you’d like to influence is a big-ticket item for your company. If it isn’t, then ultimately your efforts might be better directed elsewhere. Effective lobbying requires heavy investment of time, effort and resources: you may be well advised to focus on adding value in areas where you can make an impact.
Watch our video Q & A with Daniel Greenberg on influencing legislation
If the proposed law is a big-ticket item, then Greenberg recommended that you decide on whether you are broadly in favour of it or not, and if it deals with a political or a technical issue. If you’re in favour of the proposal and it is a political item, go to the government minister proposing the legislation and notify them of your support. If you are strongly against the proposal, then you will need to find an advocate outside of the government to champion your cause. In any case, you should be prepared to equip them with industry knowledge, helpful statistics and figures to enable them to talk authoritatively on the proposal, and to look good. They will identify you as a “friendly,” and be amenable to examining other areas that you are hoping to influence.
However, if the issue is a technical one, then adhere to the same processes mentioned above, but with the technical advisers to the minister. It’s their job to make sure the ministers understand the technical issues and any implications of the proposed legislation, including those which are unforeseen. In such cases, technical advisers can be much more helpful in influencing the minister.
He noted that in-house lawyers seeking to influence legislation on behalf of their companies should avoid sending written, confidential information that cannot be used publicly. Such information is of no value to political or technical supporters. If you do have confidential information that’s central to the matter at hand, then arrange a meeting and convey this in person, so you have the opportunity to place your concerns in context.
He also highlighted the role of trade associations in legislative lobbying. It’s important to remember that trade associations represent the interest of a majority of their members, which means that in complicated situations they may take a “third” position – a position of compromise, that is most supportive of the majority of its members.
In demystifying Westminster, Daniel Greenberg also lived up to his reputation as one of the only speakers out there who can make legislation truly entertaining. With this clear plan of attack, delegates left the session armed with an effective toolkit to influence the legislative process and protect the companies they represent. For more practical advice from Daniel Greenberg, don’t miss the chance to view the recording of our webinar on coping with complexity in law-making, from earlier this year.
