Interests, Information and Influence: A Comparative Analysis of Interest Group Influence in the European Union Adam William Chalmers Department of Political Science McGill University, Montreal April 2011 A thesis submitted to McGill University in partial fulfilment of the requirements of the degree of Ph.D. in Political Science © Adam Chalmers, 2011 Abstract Faulty assumptions about the nature of interest group activity have misled scholars' assessments of interest group influence in the European Union (EU). The influence literature portrays interest groups as commonly using undue pressure and purchase tactics in order to change the minds of decision-makers. However, this work on influence has yet to take seriously insights from the rest of the interest group literature, which has long established that interest groups are much more likely to lobby decisionmakers who already share their views (friends) rather than to attempt to change the minds of those who do not (foes). Moreover, in lobbying friends, interest groups are best understood as informational service bureaus, providing policy-relevant information to decision-makers in exchange for legitimate access to the policy-making process. This dissertation brings these insights to bear on interest group influence in the EU. I conceive of interest group influence as a function of an interest group’s ability to efficiently and reliably provide policy-relevant information to EU decision-makers. To this end, I examine the information processing capacity – how interest groups gather, filter, make sense of, generate and transmit information – of EU interest groups within a comparative framework. I find that, in general, interest group influence in the EU is balanced with no particular set of groups dominating the EU policy-making process at the expense of others. Résumé Des hypothèses erronées quant à la nature de l'activité des groupes d'intérêt ont induit en erreur plusieurs experts dans leur analyse de l'influence de ces groupes au sein de l'Union européenne (UE). Leur travaux sur l'influence des groupes de pression affirment que les groupes d'intérêt recourent couramment à une pression inutile et à des techniques de vente dans le but de faire changer d'avis les décideurs politiques. Toutefois, cette lecture de l'influence de ces groupes n’a pas su intégrer les conclusions du reste des travaux scientifiques sur les groupes d'intérêt qui affirment depuis longtemps que ces groupes d’intérêt sont bien davantage susceptibles de faire pression sur des décideurs qui partagent déjà leur point de vue (alliés) que d'essayer de faire changer d'avis ceux qui ne le partagent pas (adversaires). De plus, dans le cercle des lobbyistes, les groupes d'intérêt sont davantage perçus comme des bureaux de renseignements, qui fournissent des informations pertinentes d'un point de vue politique aux décideurs en échange d'un accès légitime au processus décisionnel. Ce projet de recherche s'attarde à illustrer les principes qui sous-tendent l'influence des groupes d'intérêt dans l'Union européenne. Je considère l'influence des groupes d'intérêt comme fonction de leur capacité à fournir de manière efficace et fiable des informations pertinentes d'un point de vue politique aux décideurs de l'UE. À cet effet, j'examine la capacité des groupes d'intérêt au sein de l'UE à traiter l'information, à savoir comment ces groupes rassemblent, sélectionnent, analysent, génèrent et transmettent l'information, dans une analyse comparative. J'estime qu'en général, l'influence des groupes d'intérêt de l'UE n'est pas caractérisée par la présence de certains groupes en particulier qui domineraient le processus décisionnel européen au détriment d'autres groupes. TABLE OF CONTENTS Acknowledgments ............................................................................................................................................ i List of Figures, Tables and Graphs ........................................................................................................... ii CHAPTER 1 Introduction ....................................................................................................................................................... 1 CHAPTER 2 An Information Processing Theory of Interest Group Influence .............................................. 23 CHAPTER 3 Researching Interest Group Influence in the EU .............................................................................. 47 CHAPTER 4 Information Gathering: Monitoring, Information Sources, Filtering & Research................ 64 CHAPTER 5 Information Networks: The Strength of Strong and Weak Ties ...............................................100 CHAPTER 6 Information Transparency: Interest Group Probity and Dishonesty in Information Provision ........................................................................................................................................................134 CHAPTER 7 Information Transmission: Types, Tactics & Targets ..................................................................163 CHAPTER 8 Information Processing and Interest Group Influence in the EU .............................................196 CHAPTER 9 Interest Groups and the Future of Associative Democracy in the EU ....................................221 WORKS CITED .............................................................................................................................................................. 241 APPENDIX: Sample Questionnaire ................................................................................................................... 261 Acknowledgements This project would not have been possible without generous financial support from the Social Sciences and Humanities Research Council of Canada, the Deutscher Akademischer Austausch Dienst, the Alexander Mackenzie Fellowship and the European Field Research Scholarship. This funding facilitated two stints of fieldwork in Brussels (four weeks in fall 2009 and one week in fall 2010) and also made possible visits to the Berlin Graduate School of Social Sciences at the Humboldt University in Berlin and the Institute of Governance at the University of Edinburgh. I would like to thank colleagues and friends in both cities for their wonderful support and helpful insights. I am very much indebted my wonderful supervisor, Juliet Johnson, who offered guidance, encouragement and her keen insight every step of the way. I also would like to thank Hudson Meadwell and Maria Popova for their comments and support at various stages of the dissertation process. Thanks also to my colleagues and close friends at McGill who made my time there interesting and enjoyable. In particular, thanks to Ece, Melanee, Marc André, Mark D., Mark M., and Theo. Most importantly, thanks to my wife, Julia Honnacker, who tirelessly read through early chapter drafts, helped with editing the final version, provided the German translation of the survey, supervised the French translation, and selflessly offered her constant support and encouragement through it all. -i- Figures, Tables and Graphs FIGURES Page Figure 1: Two Stages of Information Processing 40 TABLES Table 1: Distribution of Online Survey Responses by Interest Group Type 61 Table 2: The Importance of Monitoring for Interest Groups in the EU 67 Table 3: Information Sources Used to Keep Track of EU Activities 76 Table 4: Interest Group Research Strategies 92 Table 5: Making New Contacts versus Maintaining Existing Contacts 111 Table 6: Reasons for Contact with Other Groups 114 Table 7: Strong-ties and Weak-ties in EU Interest Groups 118 Table 8: Reasons for Providing Information to Decision-Makers 145 Table 9: Type of Information Transmitted to EU Decision-Makers 170 Table 10: Information Tactics used to Transmit Information to EU Decision-Makers 178 Table 11: Information Targets 187 Table 12: Interaction of Information Types, Tactics and Targets 191 Table 13: Determinants of Interest Group Interaction with EU Decision-Makers 212 GRAPHS Graph 1: Interest Group Monitoring 69 Graph 2: Information Sources 79 Graph 3: Research Strategies 93 Graph 4: Making New Contacts versus Maintaining Existing Contacts 112 Graph 5: Reasons for Contact with other Groups 115 Graph 6: Strong-ties and Weak-Ties (Cumulative Scores) 119 Graph 7: Interest Group Reasons for Information Provision 147 Graph 8: Reasons why Decision-Makers speak to Lobbyists 149 Graph 9: Poor Lobbying Practices in the EU 151 Graph 10: Interest Group Transparency 152 Graph 11: Is inappropriate influence-peddling by lobbyists a problem? 155 - ii - Graph 12: Are rewards for compliance / penalties for violations effective? 157 Graph 13: Should transparency be mandatory or voluntary? 158 Graph 14: Information Types 172 Graph 15: Information Tactics 180 Graph 16: Information Targets 188 Graph 17: Interaction and Information Processing 216 - iii - CHAPTER 1 INTRODUCTION The cartoon above paints a decidedly insidious portrait of lobbying in the European Union (EU).1 Behind a stark-naked Commission President Barroso we see a group of lobbyists portrayed as gangsters, hoodlums, con artists and crooks. The men wear pinstriped suits and long trench coats, black fedoras and high-raised collars. One man conceals his identity with a paper bag on his head while another wears a small, metal bucket. The women lobbyists are equally menacing, with hats pulled down low to conceal shifty eyes or wearing preposterous fake noses complete with glasses and a moustache. All of the lobbyists are enthusiastically applauding as Barroso walks by with the new Commission “Register of Interest Groups” in hand. The Register, the centrepiece of the larger 2005 “European Transparency Initiative,” was meant to address a perceived lack of order, professionalism and probity in EU lobbying. While lobbying was acknowledged as being an “important and legitimate part of the EU decision-making process,” as then Administrative Affairs, Audit and Anti-Fraud Commissioner Siim Kallas 1 This cartoon was originally published in the Corporate Europe Observatory (2008). -1- remarked, “rumours of undo influences, biases, conflicts of interest and shady contacts” provided the impetus for a push for greater transparency (Kallas, 2007a: 3-4). But the message of the cartoon is that “the emperor is naked” and the initiative has failed. After all, as the little girl points out, the Register has no names in it. The sinister grins of the lobbyists suggest a continuation of business as usual in EU lobbying – exercising undue influence on EU policy outcomes in an opaque and unaccountable manner. In addition to revealing the pretentions and emptiness of powerful institutions, like the original Hans Christian Andersen fable, this cartoon also says something important about the interest groups who have presumably duped the naked emperor. In this particular sense, the cartoon is illustrative in two related ways. First, it calls attention to two of the most important but tricky questions of political science research. How influential are interest groups? Furthermore, which types of interest groups exercise the most influence and which ones the least? Very few studies actually address these questions, not least because it is incredibly difficult, if not impossible, to categorically attribute a policy outcome to a specific interest group activity (Mahoney, 2008: 183; Dür, 2008a & 2008b). That is to say, attempting to measure influence in this way typically leads to a methodological dead-end. This brings us to the second point that this cartoon helps illustrate. I argue that this methodological dead-end is directly related to the assumptions we make about the nature of lobbying itself. In other words, the things we look for as evidence of influence are informed by what we think is going on in the lobbying process. In blunt terms, the assumption, as the cartoon above illustrates, is that the relationship between interest groups and decision-makers is inherently conflictual. This is an important point. While they may not all be crooks or hoodlums, within the context of assessing influence, interest groups are usually assumed to pressure decision-makers to change their minds -2- on a particular issue and thus pursue specific policy aims (Michalowitz, 2007a; Cowles, 1995; Warleigh, 2000; Edgell and Thomson, 1999; Pappi and Henning, 1999; Schneider and Baltz, 2003 & 2005; Mahoney, 2008; Klüver, 2009). The scant scholarly work that attempts to measure interest group influence forms an isolated niche area of the larger interest group literature. There is surprisingly little cross-pollination between the two and, more importantly, scholars in the different areas of study tend to speak at cross-purposes. Indeed, I argue that conceiving of the relationship between interest groups and decision-makers as inherently conflictual is completely at odds with what the rest of the interest group literature says about interest group behaviour. More precisely, there is an overwhelming consensus among scholars that interest groups generally do not try to change the minds of “unfriendly” decisionmakers whose policies are in opposition to their interests. Instead, interest groups tend to work to support “friendly” decision-makers who already agree with them on particular policy issues (see Bauer, Pool and Dexter, 1963; Berry, 1977; Hall and Deardorff, 2006). While dominant in other areas of interest group scholarship, this scholarly consensus is completely overlooked by those measuring influence. I suggest that the study of influence has been led into a methodological dead-end because it has unwittingly saddled itself with false assumptions about the nature of lobbying – more precisely, assumptions about the inherently conflictual nature of the relationship between interest groups and decision-makers. The present analysis proposes a way out of this dead-end by developing a new theory of interest group influence that is non-conflictual. I begin with the assumption that influence is exercised through the work interest groups do in supporting friendly decision-makers rather than in trying to the change the minds of unfriendly ones. This supportive work takes the form of a type of informational service that sees well-informed interest groups -3- providing policy-relevant information to decision-makers in exchange for legitimate access to the EU policy-making process. Being well informed, anticipating the informational needs of decision-makers and being able to strategically supply information is part of what I call “information processing.” The central hypothesis of the present analysis is that the more efficient interest groups are at information processing, the more influence they will have. I test this hypothesis with reference to 64 elite interviews and a large-scale online survey of 308 interest group representatives active in lobbying at the EU level. Data is collected on eleven different types of interest groups within a systematic comparative framework. Comparing variation in influence among different types of interest group provides insight into which groups dominate the EU policy-making process and which are relatively excluded. When influence is balanced, policy outputs are generally more legitimate and efficient. However, when one type of group or set of groups dominates then the legitimacy of the policy-making process is threatened, outputs are likely to be less efficient, economic development is hindered and even state collapse may follow. However, the main finding of this analysis is that interest group influence in the EU is, on balance, fair and impartial. No single type of group or set of groups dominates at the expense of others. Conceiving of influence as information processing takes us some distance from locating the evidence of influence in the degree to which interest groups are capable of bringing about specific policy changes through tactics of pressure and purchase. It also takes us some distance from the hyperbolic representation of lobbyists as crooks and con artists propagated in the cartoon above. While the details and implications of this new theory of influence will be fleshed out in upcoming chapters, the purpose of the present chapter is to place this new theory in the broader context of the interest group scholarship in the EU. By showing where the extant academic work has already been we -4- will get a better idea of where we need to go. I will also draw attention to the importance of measuring interest group influence by examining what I call the “crisis of participatory democracy” in the EU. The failure of parliamentary politics and the decline of party politics in the EU have led to a legitimacy crisis in the EU commonly referred to as the democratic deficit. Interest groups, however, are positioned to assuage this crisis. If the EU is legitimized through institutions that bring decision-making to the people directly, then interest groups take on a new and important role in assuaging the EU’s democratic deficit. This assessment requires a consideration of the promises and dangers of so-called “associative democracy.” Finally, the introduction concludes with a chapter-by-chapter outline of this analysis. Interest Groups in the European Union The question of interest group influence, and especially measuring influence, is central to the study of interest groups in the EU. After all, wielding influence is one of the primary tasks of all interest groups – something already implied in the way that interest groups represent the concerns and welfare of their members to decision-makers. Despite being such a fundamental aspect of what interest groups do, surprisingly little scholarly work has taken up the task of measuring influence (Dür and de Biévre, 2008; Mahoney, 2007a; Grant, 1989). As Baumgartner and Leech explain in their impressive survey of interest group research, the problem of measuring influence remains an “area of confusion” in the literature, avoided less because of a lack of time and effort and more because of a general “inability of previous generations of scholars to generate positive conclusions despite the investment of tremendous energies”(1998: 13). It has thus become commonplace, and even expected, for scholars to “avoid the topic altogether” if not “at all costs” (Dür and de Bièvre, 2007a: 3; Mahoney, 2007: 35). -5- Aside from the question of influence, however, the study of interest groups in the EU is as old as the EU itself and is impressive in size and scope. This literature can be divided between early international relations-oriented work focused on the grand narrative issue of EU integration and more recent work that draws heavily on the comparative politics tool-kit and which focuses on mid-range issues of interest intermediation and policy-making. Ernst Haas (1958), under the theoretical rubric of neo-functionalism, was the first to assess the role of interest groups in the EU (then the European Community). Importantly, for Haas, interest groups, and in particular business interests and trade unions, were key to further EU integration. Integration, following Haas, emerged from the relationship between interest groups and the Community’s central institutions as a function of their shared interests in the transfer of Member State competencies to the EU. In this way, interest groups were thought to promote bottom-up spillover effects that Haas associated not only with further European integration but also with the emergence of a European supranational sphere. Events of the 1960s, 70s and early 80s, which included the famous de Gaulle-led empty chair crisis, the Luxemburg compromise, the British budgetary rebate and “Eurosclerosis” more generally speaking, challenged the perception that interest groups were performing as Haas had predicted. As such, theories of intergovernmentalism (Hoffmann, 1966) and, later, liberal intergovernmentalism (Moravcsik, 1998), drawing on this resistance to EU integration, challenged the neo-functionalism paradigm by stressing that Member States alone steered integration and that interest groups played an insignificant role beyond the national level where they were implicated by Moravcsik in processes of “national preference formation” (1998). -6- The study of interest groups in the EU, however, was given a boost by a more recent shift in focus away from the grand narrative issue of integration and toward midrange issues of policy-making and interest intermediation. This shift was accompanied by an important sea-change in perspective: the EU was no longer taken as a sui generis system of government standing beyond the pale of comparison, but was rather a system of government similar in many ways to other established democracies (see Hix, 2005). This move allowed scholars to draw freely on their familiar theoretical and methodological tool-kits from comparative politics. It also opened up new avenues of research that borrowed from a rich tradition of American scholarship on interest groups. From this mid-range, comparative politics perspective, most research has centred on four main areas of study (see Woll, 2006; Eising, 2008). First, and perhaps the most dominant area of study, is identifying the system of interest intermediation at work in the EU. A broad consensus emerged early on that, due to its multiple points of access and openness to a vast array of different types of interest groups, the EU had not adopted the national corporatist systems of its most powerful and influential Member States (in particular, France and Germany), but instead had developed a rather American-styled pluralism or even elite pluralism (Streek and Schmitter, 1991; Mazey and Richardson, 1997; Coen, 1998; Cowles, 2001). Nevertheless, some scholars argued that these pluralist structures do not apply to all aspects of the EU. For instance, relations between farmers and the DG Agriculture (Greenwood, Grote and Ronite, 1992) as well as the more formalized consultations between interest groups and Commissioners (Michalowitz, 2004: 29) seemed to suggest a type of limited, informal corporatism. -7- A second dominant research agenda draws on the work of Mancur Olson and takes up the question of collective action and group mobilization in the EU. Scholars were tasked with assessing the degree to which collective action problems hindered lobbying at the supranational level. Several studies concluded that, rather than providing a new route to influence that avoided traditional national and sub-national channels, the atypical and sometimes unpredictable multi-layered, non-hierarchical nature of supranational lobbying in the EU made lobbying even more difficult – especially for new and inexperienced interest groups (McLaughlin and Jordon, 1993; Aspinwall and Greenwood, 1998; Greenwood, 2002; Grant, 1989). It should be expected, then, that most groups will strengthen their links to familiar political actors and institutions (i.e., national governments, agencies and other national interest groups) and only slowly learn to find their way to the EU (Grossmann, 2004: 638). The “europeanization” of interest groups, a third research area, has also been subject to considerable academic attention. Europeanization is evinced in the convergence between national and supranational systems of interest intermediation – both bottom-up effects of the impact of national traditions on the EU system and topdown effects of the impact of the EU on national traditions. A central finding was really a type of compromise: it seems that national political traditions continue to matter, even though some convergence has occurred (Coen, 1998; Sidenius, 1998; Beyers, 2002; Auken, Buksti and Sorensen, 1974; van Schendelen, ed., 1993). Lastly, and most directly related to the present analysis, a fourth research area tries to understand the nature of the political system of the EU through examinations of interest groups and, more broadly speaking, civil society (Woll, 2006). This research agenda gets much of its impetus from the Commission’s own 2001 White Paper in which interest groups were implicated in “European governance;” the interaction of state and -8- non-state actors in a fluid, multi-level and non-hierarchical decision-making process (European Commission, 2001, Kohler-Koch and Rittberger, 2006). Central to this research area is the EU’s so-called democratic deficit: the idea that the EU decisionmaking process somehow lacks the same type of political legitimacy as full-fledged democratic states (Føllesdal, 2005; Føllesdal and Hix, 2006; Lord, 1998). Interest groups, as several scholars proposed, have the potential to lend legitimacy to EU decision-making by bridging the gap between the EU’s decision-making institutions and the EU citizenry (Eichener and Voelukow, 1994; Héritier, 1999; Warleigh, 2000; Saurugger, 2008). The Crisis of Participatory Democracy in the EU It is this last research area on EU governance and the democratic deficit that is most important for the present analysis. Indeed, it places the issue of measuring interest group influence within the broader context and debate concerning the legitimacy of the EU decision-making process. While I will discuss the ability of interest groups to effectively bring legitimacy to this process below, it is first prudent to address the question of why interest groups have been thrust into this role in the first place. Concerns about the legitimacy of the EU decision-making process, commonly referred to as the “democratic deficit,” emerged as a response to the various difficulties the EU encountered in passing the Maastricht Treaty in 1993. Not only was the Treaty ratified with the slimmest of margins in Denmark and France (both at 51% to 49%) and only with the greatest difficulty in the UK House of Commons, but the German and Danish supreme courts took the new Treaty to task for its incompatibility with existing national constitutions (in particular with regard to the supremacy clause that mandated the supremacy of EU over national law) (Føllesdal, 2006: 152f). These problems led to a -9- period in EU politics of intense introspection, in particular with regard to bridging the gap between a rather technocratic EU decision-making process and the European people. While a rather nebulous term that is, in a very real sense, opposed to definition, the democratic deficit has been usefully linked to a particular set of related issues.2 At an institutional level, the democratic deficit reflects matters of unaccountable decisionmaking and weak preference representation in the EU.3 At issue is the unelected character of the European Commission (the chief legislative branch of the EU in which Commissioners are hand-picked by Member State governments rather than being popularly elected), the relative weakness of the European Parliament (the only directly elected institution in the EU), the increase in Member State executive powers at the expense of national parliaments, and a general lack of transparency in the EU decisionmaking process (see Lord, 1998; Føllesdal and Hix, 2006). Underlying all of these institutional shortcomings is the more fundamental issue of the perceived distance between EU citizens and the EU decision-making process. Schmitter puts it vividly, citing compelling evidence that individuals and groups within the EU have become aware of how much its regulations and directives are affecting their daily lives, and that they consider these decisions to be taken in remote, secretive, unintelligible and unaccountable fashion. Europeans feel themselves, rightly or wrongly, at the mercy of the process of integration that they do not understand and certainly do not control (2004: 4). Empirically, this deeply felt sense of alienation and distance has made itself evident in two ways. First, and perhaps most persistent, are the low turnout rates for European Parliament elections. These elections have long since been described as 2 It is not only difficult to define the democratic deficit but several scholars have argued that it simply does not exist. For instance, see Majone (1993 & 1998), Moravcsik (2002), and V. Schmidt (2004). 3 The democratic deficit also has an important psycho-social dimension related to the fact that there is no EU-identity or EU demos which would presumably give legitimacy to EU decision-making. - 10 - “second order competitions” for which, compared to first-order national elections, there is little is at stake, parties compete using “their trademark platforms” rather than tailoring a platform to EU-specific issues, and parties even intentionally down-play their differences regarding EU integration (Reif and Schmitt, 1980; Reif, 1997). As a result, voters, aware of the limited power of the Parliament vis-à-vis the other EU decisionmaking institutions, do not vote for the parties (or candidates) they believe to be the best qualified to run the EU (Kuechler, 1991) and cast their ballots to make a statement about the national political arena (Ferrara and Weishaupt, 2004). Peter Mair has compellingly argued that it is not just the Parliament that is the problem, but rather party politics more generally speaking. Increasing “Euroscepticism” in the EU as well as a general “democratic malaise” in many Western democracies is the result of the political party’s inability “to legitimate their governance” (Mair, 2006: 6). Decreasing party membership and low turnout levels in elections undermine the tacit legitimacy of the political party as a platform for citizen representation. Importantly, Mair’s findings draw substantial support from a large number of related studies announcing the decline of party politics in modern democracies (see Russell and Wattenberg, eds., 2000; Katz and Mair, 1995). The failure of parties to maintain their representative functions have led to important reconsiderations at the level of public opinion regarding what democracy entails. As Mair explains, democracy has become more “about rights rather than voice, about output rather than input, and about a process that need not involve a substantial emphasis on popular involvement and control” (2006: 6). It is this last point that brings us back to our consideration of the potential ameliorating function of interest groups on the EU’s democratic deficit. What the above illustrates is that the democratic deficit is principally a crisis in participatory democracy -- the failure of the institutions that - 11 - permit citizens to steer the decision-making process through elections, parties and parliamentary politics (whether national or supranational). However, as Mair suggests, this crisis of participatory democracy has shifted the emphasis away from “mass engagement” and electoral participation and thus toward “stake-holder involvement” (2006: 8). In the EU this means that the crisis of participatory democracy has hollowed out a new space for interest groups to not only take over the representative function that parties once filled but to also help steer and legitimate the EU policy-making process. Interest Groups to the Rescue? Legitimacy gained through interest group involvement has a long history in the EU. The European Economic and Social Committee, for instance, established in 1957, formalized EU consultation with “employers, workers, and various interests” (Westlake, 2009). The Committee of Regions was added later in 1993 to provide a similar platform for those interests emerging at the sub-state (city, municipality and regional) level. Additionally, the 1986 Single European Act (SEA) institutionalized a form of “social dialogue” or consultation between the Commission and designated European social partners representing business interests and workers’ unions -- namely, The Union of Industrial and Employers' Confederations of Europe (BUSINESSEUROPE), the European Centre of Enterprises with Public Participation (CEEP) and the European Trade Union Confederation (ETUC). Indeed, the Commission itself has long followed a specific mandate, first outlined in the 1997 Treaty of Amsterdam and recently re-minted in the 2009 Lisbon Treaty, to “consult widely (…) with representative associations and civil society” (European Commission, 2007: Art1, 8b). The logic behind these interactions between decision-makers and interest groups is simple: the faltering institutions of - 12 - participatory democracy requiring citizens to steer the decision-making process would be buttressed (if not replaced) by a robust and flourishing associative democracy that found legitimacy in institutionalizing interest group involvement in the decision-making process (Saurugger, 2008; Maloney, 2009). Associative democracy does not demand that interest groups replace citizen engagement. Rather, groups act as ersatz channels for these preferences to be voiced. In fact, in some cases, interest groups may offer opportunities for participation in the policy-making process that infrequent elections do not (Grant, 1989; Saurugger, 2008)4 – a point that becomes increasingly important when institutions of citizen engagement, like elections and party membership, have lost their efficacy and power. As the Commission is careful to acknowledge, “there is no contradiction between wide consultation with interest groups and the concept of representative democracy” (European Commission, 2002: 3; see also European Commission, 1993: 1). Interest groups bring legitimacy to the EU decision-making process by replacing parties as the main means by which citizen preferences are voiced. The key to the success of associative democracy in the EU, however, depends on interest group input remaining diverse and balanced. When input is received from a variety of different types of interest groups reflecting a wide array of the citizenry, interest groups can act as important checks and balances to government decisions. This type of input, in addition to providing legitimacy to the decision-making process, has even been implicated by a number of scholars in providing more efficient policy outcomes and increased aggregate welfare (Lehmbruch and Schmitter, 1982; Streeck and Schmitter, 1985; Mayntz and Scharpf, 1995; Lindblom, 1965; Esterling, 2004). 4 Grant maintains that interest groups even “permit citizens to express their views on complex issues” in a way that parties and elections do not. “In systems of voting,” Grant explains, “each vote counts equally, but numerical democracy can take no account of the intensity of the opinion on a particular issue. Democracy cannot be simply reduced to a head-counting exercise; it must also take account of the strength of the feelings expressed, and of the quality of the arguments advanced” (1989: 21). This is something that interest groups do very well. - 13 - Necessarily, however, the danger of associative democracy arises when input comes from just a handful of powerful groups. Such interest group input would only reflect a fraction of the citizenry, and thus not only be illegitimate and skewed, but, according to several studies, the real-world results might entail economic decline and even state collapse (Olson, 1982 & 2000; Lowi, 1962; Schattschneider, 1960; Horgos and Zimmerman, 2009; Unger and van Waarden, 1999). The Commission is aware of both the promises and dangers of relying so heavily on interest groups. A 1993 Commission Communication, for instance, explains that interaction with interest groups must be carefully mediated to ensure the “equal treatment of all special interest groups” and promises that “all groups with an interest in a given subject should have the opportunity to express their views” (European Commission, 1993: 8). By the time of the 2001 White Paper, the Commission had recognized that if it is not to “just listen to one side of the argument” then it will need to actively “arbitrate between competing claims” (European Commission, 2001: 17). Nonetheless, the Commission insists on a rather ad hoc method for doing this. The framework for interaction with interest groups must be “coherent, yet flexible” enough to be determined on a “case-by-case basis” (European Commission, 2002: 10). There is no set list of initiatives on which the Commission will turn to groups, just as there is no set list of groups that will be contacted. What is more, interaction will not be formalized in a legally binding way. While the Lisbon Treaty stresses that it “shall consult widely”(emphasis added), the Commission draws a clear line dividing the formal EU policy-making process and its own consultative initiatives prior to this process. Mediating interest group input in this ad hoc manner has certainly been strained by the explosive influx in the number of interest groups in Brussels over the years. As a general rule, the more competencies are transferred from Member States to EU - 14 - institutions, the more reason interest groups have to pursue their interests through EU channels (Eising, 2008; Watson and Shackelton, 2008; Andersen and Eliassen, 1995). The numbers paint a clear picture. In 1985, Butt Philip reported the existence of “almost five hundred Europe-wide pressure groups” as well as numerous “industrial pressure groups” (8). By the 1993 Maastricht Treaty estimates of over 3,000 “lobbying organisations” with “almost 10,000 lobbyists” were being reported by the Commission (European Commission, 1993: 1). According to Wessel’s survey of Members of the European Parliament (MEPs) around the same time, this amounted to about 67,000 contacts with lobbyists per year (Wessels, 1996: 109). By 2007, the estimated number of interest groups in Brussels had again increased considerably. Reports placed the number somewhere between 15,000 and 20,000, with contacts rising to more than 70,000 per year (Kallas, 2007a: 4; Coen, 2007: 3; Earnshaw and Judge, 2006). At last count, Lehmann and Bosche submitted that these groups are staffed by are an astonishing 500,000 to 1 million lobbyists actively engaged in pursuing their interests in the EU (2009: 48). The increase in the number of interest groups and lobbyists active in Brussels gives a certain exigency to ascertaining the extent to which the EU’s commitment to associative democracy, and the prospective promise that this is a real remedy to the democratic deficit, allows for diverse and balanced input from interest groups. Indeed, if groups are to act as ersatz channels for citizen preferences, buttressing or even replacing institutions of participatory democracy, then their input in the policy-making process becomes crucial. This, of course, brings us back to the central motivating question of the present analysis. How can we measure interest group influence and how does influence vary among different types of interest groups? - 15 - Measuring Interest Group Influence As already intimated above, there is a paucity of scholarly work addressing the question of measuring interest group influence in the EU. Scholars tend to shy away from the study of influence because measuring influence leads to a methodological deadend. The present study provides a way out of this dead-end. As illustrated in the example of the cartoon, measuring influence is linked to the assumptions we make about the nature of lobbying itself, and in particular the nature of the relationship between interest groups and decision-makers. The work that has thus far attempted to measure influence begins with the assumption that this relationship is inherently conflictual. In more precise terms, interest groups exercise influence by getting decision-makers to change their minds about policy. The problem, however, is that this conception of the relationship between interest groups and decision-makers is largely erroneous. An interest group representative from the automotive sector interviewed for this study put it this way. Of course we would like to fight for our own interests. This is the original, former meaning of lobbying. But, there is a second dimension (of lobbying) that is unfortunately not mentioned very often. It’s not only a matter of fighting for your own interests, but also it is also a kind of ‘know-how’ exchange. Sometimes they (EU decision-makers) ask what the reality of the economy looks like. And then it is a kind of ‘consultancy job’. We deliver, let’s say, how our relationship to suppliers looks like. How the year of manufacturing looks like. It’s not a matter of fighting for interests, but a matter of delivering ideas and know-how. This is something we would really like to point out and to have mentioned; also getting away from the negative connotations of ‘lobbyist’. It is also a kind of consultancy. Changing the minds of decision-makers is not really the point. If there is a proposal for legislation, you just want to get it right. It’s a matter of delivering - 16 - your point of view and to ensure that political decision-makers have a 360degree view of the issue.5 The present study, taking these insights very seriously, begins with the assumption that interest group lobbying consists primarily of a type of know-how exchange or consultancy task that is not meant to change the minds of decision-makers but rather to give them a fuller perspective on an issue. I propose assessing this knowhow exchange in terms of the ability of different interest groups to provide decisionmakers with policy-relevant information. To be sure, scholars have long recognized the importance of information to the processes of lobbying. “Information,” according to Baumgartner et al. “is the currency of lobbying,” much more so than old fashioned pressure and purchase tactics of coercion and manipulation (2009: 123). In the EU, in particular, to speak with Broscheid and Coen (2007) “the key to successful lobbying is not political patronage or campaign contributions, but the provision of information” (349; see also Eising, 2008; Crombez, 2002). But, while information is accorded a central role in the lobbying process, how it relates to influence in the EU has yet to be assessed in any systematic way. This is precisely what the present study aims to do. I hypothesize that the better interest groups are at providing decision-makers with information, the more influential they will be.6 It is only in accurately measuring interest group influence that we can be assured that the EU’s commitment to associative democracy, in light of its crisis of participatory democracy, adds legitimacy to the EU decision-making process. Thus, the issue here is not just measuring influence, but also measuring influence within a comparative framework that includes a whole host of different types of interest groups. I define 5 Interview, official, Daimler AG, Brussels, 7/10/2009. Influence, as I will discuss in detail in the following chapter, is not evinced in changed minds or policy outcomes. Rather, influence is defined as the frequency of interaction between interest groups and decision-makers. 6 - 17 - interest groups as any group that seeks to influence the policy making process but does not seek to be elected.7 Like the question of measuring influence, the systematic comparison of different types of interest groups in the EU is relatively uncharted territory (Woll, 2006). To address this lacuna, eleven different types of interest groups will be considered: professional associations, companies, law firms, public affairs consultancies, chambers of commerce, academic organisations, trade unions, NGOs and associations of NGOs, representatives of religions, churches and communities of conviction, think-tanks, and, lastly, public authorities like regions, cities and municipalities. Including all of these types of groups under the more general (and loaded) label of “interest group” is itself a contentious issue and will be addressed in chapter 3. It is important to note here, however, that this more inclusive approach is necessary for estimating interest group influence in the EU within a broadly comparative framework. Given the promises and dangers of interest group influence, this is absolutely central to assessing the extent to which interest groups assuage the EU’s democratic deficit and act as a viable alternative to the legitimacy otherwise obtained through the institutions of participatory democracy. Chapter-by-Chapter Outline Chapter 2 begins by laying down the theoretical foundations of this analysis. I start with an examination of the existing scholarly work on interest group influence both in the EU and elsewhere. Work on influence is a very isolated, niche area of the larger interest group literature and there is little cross-pollination between what we know about interest group behaviour and activity and the work on influence. I bring insights about interest group behaviour – in particular, the near consensus in the literature that 7 This definition will be discussed in detail in chapter 3. - 18 - interest groups tend to lobby friends rather than foes – to bear on the study of interest group influence. I do so by rethinking influence as a function of an interest group’s information-processing ability. That is, in other words, influence relates to an interest group’s ability to provide decision-makers with timely and policy-relevant information. I propose a study of information processing in two stages across four dimensions: the pre-advocacy stage consisting of information gathering and information networking; and the advocacy stage consisting of information transparency and information transmission. These four dimensions constitute the main substantive portion of this analysis. Chapter 3 outlines how I empirically test an information processing theory of interest group influence in the EU. A major obstacle to any empirical analysis of interest groups is defining the interest group concept. This is crucial to establishing the population under study and defines the conditions for generalizing from discrete observations to the total interest group population. It also determines the comparative scope of the study (which groups are included in the definition and which are not). As such, I begin by defending a rather inclusive definition of interest group. I continue with a discussion of the sampling procedure used for both elite interviews and for a largescale online survey with interest group representatives active in lobbying at the EU level. I also discuss issues related to response rate, coverage problems and item nonresponse. Chapters 4, 5, 6, and 7 are the main substantive chapters of this analysis and examine the four dimensions of information processing: information gathering, information networking, information transparency, and information transmission. Information gathering, examined in chapter 4, is about having reliable information at the earliest possible stage of the policy-making process in order to best - 19 - anticipate and meet the informational needs of EU decision-makers. This requires effectively monitoring EU activities, parsing and filtering information from a variety of different sources and even pursuing different research strategies. The main finding presented in this chapter is that efficient information gathering turns heavily on an interest group’s ability to gather information at the earliest possible stage of the policymaking process but only to the extent that information quality and reliability are not compromised. Information networking, presented in chapter 5, examines the social side of the pre-advocacy stage of information processing. Information is shared among interest groups through their network connections. I examine how different types of networks facilitate the flow of information that interest groups need to stay up-to-date on EU activities. To this end I compare the informational advantages of participating in large, diffuse networks of many “unlike” members to participating in small, tight-knit networks of a few “like” members. I use Granovetter’s strength of weak-ties hypothesis as a point of departure in this chapter. Empirical analysis suggests that interest groups in the EU do not, in general, opt for weak-tie networks despite the alleged informational advantages they offer their members. In fact, interest groups in the EU tend to participate more frequently in strong-tie networks. This finding is explained by two factors: the unique nature of competition for information in the EU and the EU’s preference for network “representativeness.” Chapter 6 moves into the advocacy stage of information processing and begins with a consideration of information transparency. Here I examine the basic conditions under which interest groups transmit information to EU decision-makers. To what extent do decision-makers need to employ costly monitoring, oversight and information verification procedures on the information they receive from interest groups? How - 20 - honest and transparent are interest groups in their interactions with decision-makers and can we expect them to provide accurate and complete information? Similarly, how dishonest and opaque are interest groups and can we expect them to provide erroneous and incomplete information? I find that interest group dishonesty in the EU is very uncommon. Interest groups tend to provide decision-makers with complete and accurate information in a transparent and open manner. Interest group dishonesty is constrained by an extensive, multi-layered system of oversight and monitoring that adds a prohibitive exogenous cost to dishonest behaviour. In addition, probity is fostered by the nature of the relationship that most interest groups have with EU decision-makers: lobbying to support friends rather than to change the minds of foes. Next, in chapter 7, I examine information transmission through a framework that focuses on the types of information interest groups provide decision-makers, the tactics they use to do so, and the specific decision-makers they target with this information. In short, information transmission consists of types, tactics and targets. This chapter tests a long-standing assumption that information types, tactics and targets are predetermined by an interest group’s membership structure. Private interest groups (like companies and professional associations) are assumed to transmit technical information to obliging technocrats in the Commission using so-called inside lobbying tactics. Diffuse interest groups (like NGOs and trade unions) are assumed to transmit information about public opinion and ethnical concerns to the more politically minded Members of the European Parliament (MEPs) using so-called outside tactics. I argue that these assumptions are overly deterministic and provide little insight into how a full range of interest groups (not just private and public groups but also consultancies and public authorities) differ in their capacity to transmit information to EU decision-makers. I find that membership structure does not determine the information transmission process. Rather, most - 21 - interest groups in the EU strategically transmit a whole host of different information types, using a range of tactics and targeting decision-makers in many of the EU’s main institutions. Chapter 8 shifts the point of focus of this study to a confirmatory analysis of information processing and interest group influence in the EU. Regression analysis and descriptive statistics are used to assess the degree to which different types of interest groups exercise influence on the EU policy-making process. This chapter also tests the assumption that the EU system of interest intermediation is best characterized as a form of elite pluralism – where private interests, having privileged access to EU decisionmakers, exercise considerably more influence than diffuse interests, which are effectively shut out of the EU policy-making process. I find that these assumptions are largely unfounded. No single interest group type dominates the EU policy-making process. Rather, interest group influence in the EU appears to be balanced and unbiased. Finally, chapter 9 takes stock of these various empirical findings and brings them to bear on issues of interest intermediation in the EU as well as on associative democracy and the EU’s democratic deficit. I conclude with discussions of the policy implications of this analysis and how future research might best use an informationprocessing approach to better measure and understand interest group influence. - 22 - CHAPTER 2 AN INFORMATION-PROCESSING THEORY OF INTEREST GROUP INFLUENCE Measuring interest group influence is tricky business. Unlike marked areas of advancement in interest group research such as group mobilization, group recruitment and the factors that draw groups into the political sphere, interest group influence remains an “area of confusion” in the literature, to speak with Baumgartner and Leech (1998). Not only does a general theoretical uncertainty restrict our ability to find reliable and accurate indicators to measure influence, but a paucity of large-N empirical studies limits the scope of theory testing and marks an inability to generate positive conclusions. Measuring influence is “indeed one of the most fraught, difficult and complex problems in political science research” (Beyers, Eising, Maloney, 2008: 1115). This chapter presents a new way of measuring interest group influence in the EU. It begins with the insight introduced in the previous chapter that how we measure influence is linked to the assumptions we make about the nature of lobbying itself. The few studies that have attempted to measure influence head-on invariably begin with the assumption that lobbying is inherently conflictual: interest groups, using traditional pressure and purchase tactics, try to change the minds of decision-makers in an effort to bring about specific policy outcomes. Examining influence in this way, however, is out of step with what we already know about interest group behaviour. First, there is overwhelming evidence that interest groups are less likely to try to change the minds of decision-makers who disagree with them than to support those who agree with them (Bauer, Pool and Dexter 1963; Berry 1977; Hall and Deardorff 2006). Interest groups, in other words, tend to lobby friends, not foes. Second, in lobbying friends, interest groups are best understood as “service bureaus,” to speak with Hall and Deardorff (2006), - 23 - offering a form of professional labour to friendly decision-makers. The service they offer is largely informational. Well-informed interest groups provide understaffed decisionmakers with policy relevant information in exchange for legitimate access to the policymaking process (Ainsworth 1993; Austen-Smith 1993; Crawford and Sobel 1982; Hojnacki and Kimball 1999). So far, however, our theories of influence do not match the realities of interest group activity. Conceiving of influence as inherently conflictual not only means turning a blind eye to the fact that interest groups tend to lobby friends not foes, but also leads the study of influence into methodological dead-ends. It is the acknowledgment of the methodological difficulties of measuring influence that prompt scholars to shy away from the topic altogether. The way out of this methodological dead-end, however, is not through improving our measurements of influence. Rather, I argue that it begins by rethinking the nature of interest group influence and bringing the study of influence in line with what we know about interest group behaviour. Only in this way will we achieve reliable measures of interest group influence. To this end, I begin with the assumption that interest groups tend to lobby friendly decision-makers and conceive of influence as a function of an interest group’s ability to provide these decision-makers with policy-relevant information. While the importance of information in the policymaking process has long been acknowledged in the literature, a systematic study of how groups gather, filter, generate, make sense of, synthesize, share and transmit information– what I call “information processing” in short – is still missing. This chapter proceeds as follows. I first outline the scholarly work that has already addressed the issue of interest group influence in the EU and elsewhere. I demonstrate that the existing research invariably conceives of influence through a Weberian lens of power and thus assumes that exercising influence implies conflict - 24 - between interest groups and decision-makers. I next examine both methodological and substantive challenges to conceiving of interest group influence in this way. Most importantly, I suggest that the methodological dead-end of measuring influence, resulting from the theoretical assumptions we make about lobbying, can be avoided if we begin to take insights from related work on interest group lobbying seriously. Third, I lay out some preparatory groundwork for re-thinking the notion of interest group influence divested of assumptions of conflict. Finally, I propose a new way to measure interest group influence based on these non-conflictual theoretical assumptions centring on how interest groups provide policy-relevant information to decision-makers. Interests, Influence and Power Attempts to measure interest group influence in the EU invariably conceive of the relationship between interest groups and decision-makers as inherently conflictual. This assumption emerges because scholars conceptualize influence through a Weberian lens of power. According to Weber, power is “the opportunity to impose one’s will in a social relationship, even against resistance, without consideration to what this opportunity rests on” (Woll’s translation, 2007: 75.n2). Robert Dahl’s classic reformulation developed in his study of pluralistic power in New Haven helps clarify further: “A has power over B to the extent that he can get B to do something that B would not otherwise do” (1957: 203). This holds for interest group influence as well. As James March explains in a now seminal study of interest group influence: Suppose that a prediction of the following form is made: ‘Congressman X will vote for bill Y.’ Suppose further that a sequence of events is observed culminating in Congressman X, in fact, voting for the bill. Such an observation obviously is consistent with the proposition that no influence has occurred (…) On the other hand, suppose that a sequence of events is observed culminating in the Congressman’s not voting for the bill. It can then be said that (…) what has - 25 - occurred between the original prediction and the observed non-fulfilment of the prediction will fall within the general definition of influence (1955: 435). Influence is thus a force exercised by one actor that makes another deviate from his or her “predicted path of behaviour” (March, 1955: 435). The point, put plainly, is for an interest group to control outcomes, to get what it wants or, at least, to bring it “closer to (its) ideal points”(Dür and de Biévre, 20007: 3). (Mis)understood in such a way, influence remains a nebulous concept that cannot be measured directly. Rather, a series of proxies have been put forward for measuring both the causes and effects of influence. As “cause,” or the ability to control outcomes, influence is usually related to interest group resources (Mahoney, 2007 & 2008; Dür, 2008; Dür and de Bièvre, 2007; Michalowitz, 2007). Resources can refer to “anything used to sway another individual,” to use Dahl’s broad definition (1961: 23). This might include financial and staff resources, campaign contributions, political support, the location and size of the group’s office, the prospective legitimacy that a group offers to decision-makers by taking part in the legislative process as well as technical / expert information and data (see Dür, 2008: 1214). These resources define part of the conditions of an exchange relationship between interest groups and decision-makers: interest groups exchange resources for specific policy-related outcomes. Groups with more resources presumably exercise more influence. A number of mediating factors indirectly temper this system of exchange. For instance, the internal organisation of a given interest group is thought to increase or decrease its potential influence (Olson, 1982). So-called specific or concentrated interest groups, having fewer members and specific aims or goals, face fewer free-rider problems and therefore wield considerable influence. By contrast, so-called diffuse or cause interest groups, having a great many members with just as many goals and aims, - 26 - face greater free-rider problems thus reducing their potential influence. Influence is also restricted by the rules governing the way that interests interact with decision-makers (Schmitter and Steeck, 1991; Czada, 2004). Corporatist systems with highly regulated interaction between a few “peak” interest groups and decision-makers curb the ability of other groups to exercise influence. By contrast, pluralist systems have more frequent and less formal institutions that provide channels of access to (potentially) all interests groups. Much of this depends on the organisation of interest group intermediation determined at the state level. Finally, influence is also affected by the specific policy area in which lobbying is taking place (Mahoney, 2008). The salience that a particular policy issue has for a given interest group affects that group’s determination in lobbying as well as their relative stake in lobbying outcomes. Moreover, the type of policy matters in terms of its scope in engaging lobbying agents. Following Lowi (1964), regulatory policies present large-scope issues that engage many different agents in a conflictual, zero-sum way. Distributive and redistributive policies are less conflictual, have lower stakes and thus present less opportunity for countervailing forces to engage in lobbying the same issue. While influence describes a group’s ability to control outcomes, as effect, influence is evinced in the extent to which an interest group is able to realize its own preferences. Preference attainment is implicitly conflictual (in the Weberian sense) and observable in how much one actor has forced another to deviate from his predicted path. While this might be evinced in a decision-maker’s change of mind (Michalowitz, 2007), or even just giving more or less consideration to an issue (Betsill and Corell, 2001), influence is more concretely measured as the similarity between what a group wants and the final policy outcome (Grant, 1989; Mahoney, 2008; Schneider and Baltz, 2003 & 2005; Dür, 2008a). It is on this last point that content analysis has proven quite - 27 - useful. Klüver (2009) has recently used this approach to measure the similarity of a group’s stated aims and objectives, either deduced in interviews, policy reports or position papers, and the actual outcome of an issue, as reflected in EU official documents, opinions or even legislation. Preference attainment might obtain completely, where all of a group’s objectives are wholly translated into policy, or just partially, where just a particular element of an objective becomes part of legislation (Mahoney, 2007). Either way, the effects of interest group influence are the result of some kind of conflict between the actors involved that is resolved through the exercise of force. The Methodological Dead-End of Measuring Influence Conceiving of influence in this way has led to a series of methodological deadends, related primarily to issues of causation. There are four main issues. First, it is difficult to establish a one-to-one causal link between interest group activities and policy outcomes that categorically brackets off the (perhaps unintended) influence of other interest groups as well as a host of other exogenous and endogenous causal factors (Dür, 2008b; Grant, 1989). Even more difficult is establishing correlations between outcomes in direct proportion to the intensity of the force being exercised by an interest group. How much more pressure or how many more resources equate to how much more of a policy change or related outcome? And while it might be clear that more money buys more policy, it is unclear how more of other types of “resources” like public support or legitimacy can be measured, never mind correlated with proportional policy outcomes. A second issue is that measuring the effects of influence relies heavily on counterfactual arguments. Recall March’s example of the Congressman, above. Influence is evinced in the “non-fulfilment of a prediction,” namely, the Congressman does not - 28 - vote for bill Y. In other words, influence is that force that prevents a predicted occurrence. Measuring influence requires being absolutely certain about the predicted path of the Congressman or, using Dahl’s terms, about what B would have done in the absence of pressure from A. But when we measure influence as changed minds or preference attainment we can only be certain of initial preferences and final outcomes, not about non-events or the non-fulfilment of predictions. As Woll perceptively explains: “If the American president wants it to rain the next morning and it actually does, we have not proven that he has actually influenced the weather” (Woll, 2007: 61). The nonoccurrence of the event is not evidence of the intervention of a force that has pushed the event off its “predicted path.” In addition to problems of establishing causation and dealing with counterfactuals, measuring influence as realizing preferences in concrete outcomes requires establishing what these preferences are. What is needed is a reliable list or catalogue of interest group preferences (Tsebelis, 2002; Grant, 1989). One issue is that some interest groups simply do not have well defined preferences. For instance, groups that lobby on multiple, semi-related and cross-cutting issues not only have preferences that are difficult to ascertain with any degree of reliability, but these preferences would be difficult to observe in concrete, singular policy outcomes. What is more, interest groups themselves are not always clear about their own preferences, sometimes even “strategically or unconsciously” misrepresenting their own preferences to social science investigators interested in cataloguing these preferences (Dür, 2008: 568). A fourth concern is that the link between influence and the outcomes of influence lacks any consideration of how the former impact the latter. There are no causal mechanisms that translate factors of influence, like resources, political support, campaign contributions and even group type into the specific policy outcomes or - 29 - changed-minds. As with many formal rent-seeking models, an “influence function” is assumed to represent the transformation of interest group input into political influence (e.g., Becker 1985). The problem, as Potters and van Winden have pointed out, is that these models posit no real interaction between interest groups and decision-makers. In fact, decision-makers are assumed to respond mechanistically to the pressure produced by interest groups by spending resources (Potters and van Winden 1992). Decisionmakers, as Heinz et al. put it colourfully in their study of lobbying in Washington, are assumed to be akin to “billiard balls” unconsciously reacting to influence and thus going “wherever the interest group sends them” (1993: 12). Challenges from the Existing Literature The acknowledged methodological difficulties of measuring influence have prompted most scholars to shy away from the issue altogether. I argue, however, that even if we did have perfect measures of influence and did overcome these methodological problems, being based on underlying Werberian assumptions the results would still be misleading. All of the methodological difficulties listed above, however, can be swept aside if we bring the study of influence in line with the rest of the interest group literature – if we stop assuming that influence is inherently conflictual. Robert Salisbury, making a similar insight, argues that the real difficulty of measuring influence is how we are posing the question. The current literature suffers from “a view of influence as a game, where clear winners and losers can be identified.” For Salisbury, however, the political process is more “continuous, with no clear resolution and identifiable end point at which to sort out winners from losers” (1994: 13f). David Lowery takes this critique one step further, suggesting that the term influence, as it is typically employed in the literature on lobbying, “provides a very poor understanding of - 30 - the actual nature of the relationship between organized interests and government representatives” (Lowery, 2007: 36). Three particular insights from the current research level a serious challenge to assumptions that influence is inherently conflictual. In fact, these insights suggest that the work on interest group influence is out of step with the actual nature of interest groups, their activities and, perhaps most importantly, how they interact with decision-makers. First, and perhaps most important to the present study, is the insight that interest groups tend to lobby friends rather than foes. Central to this insight is an informational, rather than pressure and purchase, perspective on lobbying. In general, interest groups are better informed on certain policy issues that concern them directly than decisionmakers. Interest groups therefore provide their expertise in the form of policy-relevant information to decision-makers in exchange for legitimate access to the policy-making process (Austen-Smith, 1993). However, given their limited resources, interest groups tend to transmit information to those who are already most likely to support their cause rather then those who oppose them. This is both less costly and more rewarding than lobbying foes (Bauer, Pool and Dexter, 1968; Crombez, 2004; Heinz et al., 1990; Hojnacki and Kimball 1999). The implied result, therefore, is that the goal of lobbying is not to change the minds of those who do not agree with you, but rather to subsidize the work of those who already do. It is in this light that Hall and Deardorff have argued that interest groups are better understood as “service bureaus” or “adjunct to staff” of friendly decision-makers than as agents of pressure (2006: 72). A second insight is that the main purpose of interest groups is not to influence policy outcomes at all, but rather to ensure group survival (Lowery, 2007). Interest groups spend far less time pursuing pressure and purchase tactics of lobbying and far more time ensuring their own existence through activities of “niche maintenance.” This - 31 - might involve recruiting or maintaining members, nurturing and creating new contacts, managing inter-group dynamics through networking, and producing technical and constituent-related reports for allies (Lowery, 2007; Gray and Lowery 1996a). In terms of the interaction between interest groups and decision-makers, then, niche maintenance amounts to groups proving their value to friendly decision-makers where this value is most pronounced in supplying them with important and timely policyrelevant information. Niche maintenance is facilitated by lobbying friends rather than foes, and by using information to subsidize legislation. Third, and more broadly applicable, various empirical studies from the US suggest that the link between resources and influence is altogether specious, finding little evidence of a correlation between the expenditure of resources and securing rents and/or changing policy. For instance, Heinz et al. (1990) show how the lobbying environment is marked by profound uncertainty with no clear relation between means and goals. Further, in a study on the role of interest groups in determining the outcomes of direct legislation initiatives, Gerber found that “massive infusions of cash” by business interests “almost always fail to move votes” (Gerber, 1999: p.6). Lastly, Baumgartner et al.’s massive comparative study of lobbying in the US found that, “for the most part, resources have no significant correlation with a positive policy outcome” (2009: p203). Money simply does not buy policy. Rethinking Interest Group Influence Taking insights from the current interest group literature seriously, and adopting them in the study of influence, means rethinking both the causes and effects of interest group influence. One central challenge is thinking about how influence is exercised through a non-conflictual form of lobbying. Naturally, to say that interest groups only - 32 - lobby friends would be just as short sighted as proposing that all lobbying is inherently conflictual. This is simply not the case. Further, examining interest group influence in the new way I am proposing here is not to assume that politics writ large is free of domination, coercion and conflict. This is also clearly not the case. The problem is that attempts to measure influence have thus far completely bracketed off friendly lobbying from their considerations. Given that there is an overwhelming consensus in the literature that interest groups tend to lobby friends and not foes, it seems then that measuring influence would be well served to take such an insight very seriously. First, consider the effects of interest group influence. The central difference between treating interests as informational service bureaus rather than as agents of pressure is that the former lobby friends rather than foes. Lobbying friends implies that interest group preferences are congruent with decision-maker preferences. By contrast, lobbying foes implies a dissonance of preferences between the two groups of actors. This difference speaks to the type of outcome (effects) we can expect from interest group influence. Only in the case of lobbying foes could we expect the outcomes of lobbying to reflect how far interest groups have forced decision-makers to deviate from their predicted path of behaviour. This outcome becomes irrelevant, however, when interest group and decision-maker preferences are already aligned. There are no minds to change, in other words, and tactics of coercion, manipulation and persuasion are simply irrelevant. Of course, this does not mean that interest groups do not favour certain policy outcomes. Naturally they do. It is simply to say that they tend to pursue these outcomes by providing a type of professional informational service to those decision-makers that already agree with them about these desired policy outcomes. - 33 - While it might be the case that “attained preferences” can be evidence of both lobbying foes and friends8 (in the second case, when interest group and decision-maker preferences converge and both get the outcome they want), serious and persistent methodological problems make this approach unfeasible. Ruling out influence from other groups and assessing influence in proportion to interest group involvement in the policy outcome are only secondary concerns to the more basic possibility that the decision-maker simply did not require interest group input for a particular policy outcome to obtain. In short, the decision-maker affected a policy outcome alone. The fact that interest groups tend to lobby friends rather than foes directly challenges the Weberian notion of power upon which the current research on interest group influence is based. The interaction between interest groups and decision-makers cannot rightly be conceived as inherently conflictual. In the parlance of Weber, Dahl, March and others, A is not trying to get B to do something that B would not otherwise do. Rather, A exercises influence by assisting B so that both actors arrive at some shared outcome. There is no dissonance of preferences and, consequently, there is no conflict of desired outcomes. Weber’s notion of power is simply too narrow to capture the nature of interest group influence. Scholars weighing in on the “faces of power” debate of the 1990 and early 2000s make a useful conceptual distinction between “power over” and “power to” (Dowding, 1991; Morriss, 2002; Lukes, 2005; see also Pitkin, 1972). “Power over” stems from the Weberian tradition and refers principally to an asymmetrical social relation between two or more actors that is inherently conflictual. Such a concept of power, to speak with Lukes, virtually collapses into the concept of “harming” (2005: 5). Power over is really just a synonym for domination, or “being in somebody’s power.” 8 In essence, the idea of preference attainment is neutral in terms of the nature of lobbying (whether friendly or conflictual). Nonetheless, I am unaware of any research that measures preference attainment and works from the assumption that interest groups lobby friends not foes. - 34 - The problem with “power over” is that it only presents one specific aspect of power. As Morriss argues, “our ability to kick others around (or to harm their interests, or get them to do things they don’t want to do) can scarcely encompass everything we understand as power in social contexts” (1987: 33). By contrast, the notion of “power to” helps us think about power divested of notions of domination, harm and conflict. “Power to” is defined as the ability of an actor to “effect outcomes” rather than “the ability to affect others” (Morriss, 2006: 126). This notion of power has its own important sociological tradition reaching back to Hannah Arendt’s (1969) understanding of power as “acting in concert” and Talcott Parsons’ (1963) notion of power as “working toward some collective goal,” both of which diverge radically from Weber. Morriss helps clarify the difference between the Weberian tradition and its alternative with reference to the distinction between affect and effect. “To affect something is to alter it or impinge on it in some way (any way); to effect something is to bring about or accomplish it (…) you can affect something if you can alter it in some way; you can effect something if you can accomplish it” (2002: 29f). Influence through lobbying friendly decision-makers, then, does not impinge, coerce or dominate. What is more, it does not imply one actor affecting another. One the contrary, it sees like-minded actors, with converging preferences, working together to bring about some desired outcome. How does conceiving of influence in terms of “power to” rather than “power over” change what we should look for as evidence of influence? We begin with the insight that interest groups, conceived of as service bureaus rather than agents of pressure, provide a form of professional informational labour for friendly decisionmakers. Decision-makers, who are understaffed, underfunded and short on time, necessarily value timely, efficient and reliable information. Importantly, not all interest - 35 - groups are equally capable of supplying information. Thus, decision-makers, in an effort to maximize the probability of receiving policy-relevant information, will seek to interact with those interest groups that are the most informed on a given topic, and that are the most reliable and efficient “information processors.” The main point is that, rather than changing minds, influence is reflected in the actual interaction between decision-makers and interest groups. In some ways thinking about the evidence of influence in this way is akin to measuring interest group “access” to decision-makers. Access, while admittedly a “necessary” but not “sufficient” condition for influence, has been used by several scholars as a proxy for measuring influence (for instance, Eising, 2007; Bouwen, 2004a&b). Following David Truman’s seminal work, “power of any kind cannot be reached by a political interest group, or its leaders, without access to one or more key points of decision in the government. Access, therefore, becomes the facilitating intermediate objective of political interest groups” (quoted in Bouwen, 2004b: 338). But the point here is that interaction with decision-makers is important in ways other than as a condition for exercising power-over. Instead, interaction with decision-makers is a precondition for interest groups acting as service bureaus to friendly decision-makers. The assumption made here is that groups with more frequent interaction will also be those providing decision-makers with more information. Given the dependency of decision-makers on this information, we can further assume that those groups that provide more information will have more influence on EU policy. What is more, interaction begets interaction. Decision-makers, being understaffed and pressed for time, would presumably return to efficient, accurate and reliable sources of information time and time again. It therefore pays for groups to be reliable efficient information processors. - 36 - The factors that determine the causes of interest group influence also need to be reconsidered. Resources and an interest group’s capacity for collective action, typically used to operationalise influence, not only fail to explain how influence is transformed into specific outcomes but also overlook the central role played by information in the interactions between interests and decision-makers. This is not to say that resources and collective action are not important. Clearly, an interest group’s ability to effectively process information is to a great degree dependent on its resources and internal membership structure. Hiring skilled employees to gather and filter information as well as to do research would increase an interest group’s information-processing capacity. Similarly, placing resources at the disposal of those running campaigns, finding network partners, and developing new tactics to transmit information to decision-makers would also help. The issue, however, is how resources are directed to these activities. Clearly, interest groups, despite being resource-rich (many employees and plenty of money), could very well direct few resources at information processing just as resource-poor groups could place all of their resources in information processing. Thus, while resources and internal structure matter, they only tell us a small and potentially very misleading part of the story of interest group influence. By contrast, the theory of information processing developed here provides a direct way of assessing interest group influence in the EU. Focusing on resources and internal group structure also leads to a particularly grave oversight given that the main EU institutions actively generate a huge demand for policy information. The Commission in particular has long instituted a policy of consultation with interest groups, legally binding them to consult widely in the prelegislative stage (European Commission, 2007: Art 1, 8B). While aimed at adding a further dimension of democratic legitimacy to the EU policy-making process, the - 37 - mandate to consult should not be confused with the Commission’s need to seek out expert information and advice on key policy issues. It is well documented that the Commission is grossly understaffed and under-resourced, especially compared to the extent of its tasks (van Schendelen, 1996; Crombez, 2002; Dür and de Bièvre, 2007). Putting this in perspective can be useful: “the Commission’s bureaucracy has approximately 16,000 members, the size of a larger city administration” and thus necessarily must rely “to a large extent on private actors to supply it with information and help it draft legislation” (Broscheid and Coen, 2003: 167). In practice, Commission staff actively and frequently seek out information from interest groups. As Eising estimates, “Commission officials discuss EU policies as frequently with interest organizations as with members of the European Parliament or the Council of Ministers” (2007: 330). While less of a focus in the existing literature, the Parliament, the Council, the Committee of Permanent Representatives (Coreper) as well as the EU’s two consultative bodies, the European Economic and Social Committee (EESC) and the Committee of the Regions (CoR), are also deeply affected by the conditions of informational asymmetry and rely on interest groups for a steady supply of policy relevant information (Bouwen, 2009; Hayes-Renshaw, 2009; Lehmann, 2009). To be sure, it has long been recognized that information is the currency of lobbying in Brussels, much more so than old-fashioned pressure and purchase tactics (Broscheid and Coen, 2007; Crombez, 2002). Indeed, information is quite commonly catalogued alongside other lobbying “resources,” like finances, political support and legitimacy, as central to exercising influence.9 Nonetheless, most of the research that does address the informational nature of EU lobbying tends to focus on the demand-side of this informational relationship, examining the institutional factors that draw EU 9 Importantly, however, information provided to friendly decision-makers is not meant to “sway another individual,” as Dahl argues (1961: 230) - 38 - decision-makers to consult with interest groups in the first place (Eising, 2007). The very limited work that does address the supply-side is overly deterministic. Bouwen, for instance, adopting the exchange metaphor of lobbying, suggests a direct link between an interest group’s organizational type (whether a group is a diffuse cause group or a group with concentrated interests, like business groups) with the type of information it is able to provide (Bouwen, 2004a&b). For instance, business interest groups, being active in the market and in possession of high financial and personnel resources, are presumably able to provide technical and expert knowledge on market-related policy.10 The real weakness of Bouwen’s model is that he does not unravel how interest groups actually obtain this information or how they provide it to EU decision-makers. What is more, this theory cannot tell us how different business interests, for example, vary in their ability to provide expert or technical knowledge. What is missing from the existing research is a systematic consideration of the supply-side of this informational relationship between interest groups and decisionmakers. How, for instance, do interest groups gather information, filter it and make sense of it? How do interest groups generate or produce new information and data through different research strategies? How do interest groups share information with other interest groups and how do networks of interest groups facilitate information sharing? Further, what types of information do interest groups transmit and to which decision-makers? What techniques do interest groups use to provide this information? All of these questions are part of what I refer to, in short, as “information processing.” In what follows I will explain information processing in greater detail, developing a theory 10 By contrast, following Bouwen, European associations, while having fewer resources, are composed of different national firms and can thus provide information on the so-called “European encompassing interest.” Lastly, national associations are able to provide high quality information about domestic encompassing interests, but are less apt in the provision of expert or technical knowledge. - 39 - of information processing that will allow us to measure and compare the influence that different interest groups exercise in the EU decision-making process. An Information-Processing Theory of Interest Group Influence I conceive of information processing in two distinct stages, each with two dimensions (Figure 1). Stage one, the pre-advocacy stage, consists of information gathering and information networks; stage two, the advocacy stage, consists of information transparency and information transmission. Figure 1: Two Stages of Information Processing STAGE 1 Pre-Advocacy Information Gathering STAGE 2 Advocacy Information Transparency (timely monitoring and research) (accuracy and reliability) Information Networks Information Transmission (sharing information among groups) (types, tactics and targets) The pre-advocacy stage, as its name implies, is more a preparatory stage where interest groups conduct various activities that will allow them to act more efficiently in the advocacy stage. It is, in this sense, akin to what Heinz et al. refer to as the “organisational management” of interest groups, which includes monitoring and compiling technical data (1993: 88). Van Schendelen gathers the same basic set of activities under what he calls “public affairs management,” a broad term that marries more typically thought of lobbying activities with monitoring, research, networking and coalition building (2005: 44&103). But making a distinction between these two stages really does not capture the dynamic interactions that exist between them. Indeed, there are feedback mechanisms that affect how groups perform in both stages. In this sense, the two stages represent ideal types and a heuristic device for operationalising variables related to the activities in both stages. I will discuss each in turn. - 40 - Stage 1: Pre-Advocacy Information Gathering Information gathering is a matter of how: (1) interest groups manage to keep upto-date on EU policy initiatives through various monitoring activities and (2) how they generate information through different research strategies. The two are linked. Monitoring allows interests to anticipate the informational needs of decision-makers and is carried out in the gathering, parsing, and filtering of various formal and informal information sources (from newspapers to official documents to word of mouth). Generating information through research is a type of expertise building and can be understood as a response to the anticipated needs of the decision-maker. While some recent work has highlighted the conditions under which interest groups use research in the policy-making process, surprisingly little work considers the ways in which this kind of information is generated and what this might mean in terms of influence (Esterling, 2004). The key to information gathering is timing. Efficient information gathering allows interest groups to accurately and efficiently anticipate and respond to the informational needs of decision-makers. There is a premium on early, efficient and reliable information in the EU. Late information has little or no value in the EU decisionmaking process. Information Networks Keeping up-to-date on EU activities and anticipating the informational needs of decision-makers also has a very important social dimension. After all, as Heclo has compellingly argued, “lobbyists are more than mere technical experts, they are network people” (1978: 103). To a great extent, interest groups gather information through their - 41 - formal and informal networks with other interest groups. But not all networks are created equal. On this point, Granovetter’s (1978) seminal work on the strength of weak-ties is particularly helpful. Strong-ties exist in small networks of tightly knit individuals whose salient similarities nurture enduring links based on trust and social capital. Weak-ties, by contrast, exist between members in large, loosely connected networks where similarities among actors are broad and corresponding levels of social capital are diminished. Despite the many clear benefits associated with strong-ties, such close-knit networks tend to circulate redundant information: a function of the similarity of each member and the diminutive size of the network. Weak-ties, by contrast, are “strong” in an information-sharing sense. With more members from different backgrounds offering different forms of expertise and information, weak-tie networks facilitate the circulation of novel information, approaches and strategies. As such, weakties provide the conditions for a more efficient form of information sharing among network members, thus enhancing a network’s ability to gather, filter and generate policy relevant information useful to decision-makers (Heinz et al.; Carpenter et al., 2004; Carpenter et al., 1998). Stage Two: Advocacy Information Transparency The advocacy stage moves from the preparatory tasks that interest groups conduct in order to keep up-to-date on EU activities and to anticipate the informational needs of EU decision-makers to the actual provision of this information to decisionmakers. The first issue that needs to be addressed relates to the basic conditions of information transmission. To what extent is the process transparent and open? Do decision-makers need to employ costly oversight, monitoring and information - 42 - verification procedures? When can we expect interest groups to provide decisionmakers with accurate, reliable, timely and complete information and when can we expect them to “dissemble” – that is, to mischaracterize, exaggerate and even strategically withhold information? Formal modelling conducted in the US lobbying context frames the conditions for answering these questions. Put briefly, dissembling occurs when interest groups lobby foes (when interest group and decision-maker preferences diverge) and the provision of honest and accurate information occurs when interest groups lobby friends (when interest group and decision-maker preference converge). Thus, information transparency is about the nature of lobbying in the EU and about the nature of the relationship between EU interest groups and EU decisionmakers. It therefore speaks to the basic assumption about lobbying friends made in the present analysis. It also speaks to interest group influence in the EU. The provision of accurate, reliable and complete information reduces oversight, monitoring and verification costs and nurtures a process of informational exchange that would see “honest” interest groups interacting more frequently with friendly decision-makers. Information Transmission The final stage of information processing involves the actual transmission of information from interest groups to EU decision-makers. Information transmission refers to three interrelated strategic choices that face interest groups. First, groups need to consider the type of information (ranging from legal information to highly technical and expert information about the social and economic impact of a given policy, to information about public opinion) to send to decision-makers. Second, groups are also faced with a choice among various tactics to use when transmitting information. These range from old-fashioned shoe-leather strategies like face-to-face meetings, letter - 43 - writing or making phone calls to large-scale “outside” strategies like hosting public events and launching media campaigns. Third, the target at which information is aimed is also an important strategic decision. There are six such targets in the EU, each of which present interest groups with different incentives for transmitting information: the European Commission (EC), the European Parliament (EP), the Council of Ministers, Committee of Permanent Representatives (Coreper), the European Economic and Social Committee (EESC) and the Committee of Regions (CoR). Groups are thus faced with a series of interrelated strategic choices when it comes to information transmission. How do choices with regard to one aspect of information transmission affect choices with regard to the other two? Do groups sending one type of information tend to send it to only certain targets using certain tactics? Further, which interest groups tend to send which types of information using which tactics to which targets? In general terms, efficiency in each of the four dimensions of information processing is related to increased interest group influence. More specifically, we can generate a set of general working hypotheses for each of the four dimensions. For information gathering, timing and information reliability are key. Thus, influence is a function of quickly and efficiently monitoring EU activities, gathering and filtering reliable and timely information and generating relevant information through various research strategies. The strength of weak-ties argument provides the working hypothesis for information networks. Influence is a function of interest groups belonging to weak-tie networks that facilitate the sharing and dissemination of novel information and new contacts. Information transparency speaks to the costs that EU decision-makers face when receiving information from interest groups. In this case, interest group probity, reducing these costs, places considerably less burden on the - 44 - informational exchange process and nurtures a sense of trust and openness between decision-makers and interest groups. Thus, influence is a function of interest groups providing complete and accurate information in a transparent manner. Lastly, information transmission refers to the types of information sent to decision-makers, the tactics used to do so and the decision-makers targeted. In this case, more is better. Influence is therefore a function of transmitting more types of information, using more tactics and targeting more decision-makers. Conclusion This chapter has sketched out a theory of information processing for interest group influence in the EU. Perhaps the most important point made above is that the assumptions upon which this theory rests differ markedly from existing ones. More precisely, it eschews a conception of influence that presupposes a Weberian notion of power, implying conflict in the interactions between interest groups and decisionmakers. Such a conflictual relationship is far from the reality of lobbying in the EU and elsewhere. Rather than trying to change the minds of unfriendly decision-makers, interest groups are far more likely to lobby friendly decision-makers. Divested of its conflictual nature, lobbying is better understood as a process whereby interest groups provide a type of professional labour to friendly decision-makers. This labour consists principally of providing these decision-makers with policy-relevant information. While it would certainly be an exaggeration to claim that all lobbying is friendly (just as much as it would be erroneous to claim that all lobbying is inherently conflictual), this analysis contends that thinking about lobbying in this way helps bring the study of influence in line with the rest of the interest group literature and gives a more accurate picture of the nature of lobbying itself. - 45 - Taking these insights seriously, I thus propose measuring influence in terms of an interest group’s ability to provide this professional service to decision-makers. I analyse a group’s ability to carry out such a service under the rubric of information processing. Putting this into more concrete terms requires examining information processing as a matter of information gathering, information networks, information transparency and, finally, information transmission. This theory is consistent with treating lobbying in non-conflictual terms, arguing that evidence of influence cannot be observed in policy outcomes. Doing so, I have argued, will lead us out of the methodological dead-end that has otherwise dogged the study of interest group influence in the EU. - 46 - Chapter 3 RESEARCHING INTEREST GROUP INFLUENCE IN THE EU The present analysis offers a new way of thinking about interest group influence in the EU. Several key insights frame my argument: influence is not based on a Weberian notion of power that is inherently conflictual; influence is not about interest groups trying to change the minds of decision-makers; influence, moreover, is not evinced in specific policy outcomes. Instead, influence is a function of an interest group’s capacity to provide policy-relevant information to friendly decision-makers. That is, influence is a function of information processing -- information gathering, networking, transparency and transmission – and groups that are more efficient information processors also have more influence. Having established a new theory of interest group influence and having presented a hypothesis to bear out this theory, we are now in a position to determine how to empirically test both. As such, this chapter will outline a research design suitable for collecting and testing data with regard to an information processing theory of interest group influence. By eschewing a notion of influence rooted in faulty assumptions concerning preference attainment and a Weberian notion of power, my new theory avoids the methodological issues hindering traditional analysis of interest group influence. However, the present analysis is still faced with a number of key methodological dilemmas. Chief among them is the very basic but fundamental issue of defining the interest group concept. Indeed, without a workable definition of “interest groups” we neither have a clear idea of our basic unit of analysis nor of the population that we are studying. It follows that, without these two elements, we cannot generalize from our - 47 - data about interest groups nor make reliable and relevant comparisons across different cases. This chapter begins with a consideration of the interest group concept and a proposal for an inclusive, precise and workable definition. It follows with a detailed description of how I have assessed the interest group population in the EU and the methods used for developing a sampling frame used in this analysis. This sample provides the basic list of interest groups used in testing my hypothesis. It is to this end that I have conducted elite interviews as well as a large-scale online survey. Issues related to the techniques used in the interviews and questions of survey design and dissemination will also be discussed. Defining the Interest Group Concept The study of interest groups suffers from a serious ambiguity with regard to its basic unit of analysis – namely, the interest group concept itself. A major issue is the multitude of competing and quite often incommensurate neologisms on offer: interest groups, political interest groups, interest associations, interest organisations, organised interests, pressure groups, specific interests, concentrated interest groups, cause groups, diffuse groups, special interest groups, citizen interest groups, public interest groups, non-governmental organisations, social movement organisations, and civil society organisations, to list just a few (see Beyers, Eising and Maloney, 2008: 1106). In fact, the lack of a shared vocabulary in social scientific analyses of what, in essence, is the same phenomenon, acts as a formidable “barrier to accumulation” of knowledge in interest group research (Baumgartner and Leech, 1998: 22). The inability to pin down the interest group concept has been implicated in “the marginalization of interest group studies within the political science discipline” (Jordan, Halpin and Maloney, 2004: 196) - 48 - as well as a balkanization within the research area that has led scholars to speak at cross purposes (Eising, 2008: 5). Ultimately, without a clear definition of what an interest group is (or is not), research is hard pressed to adequately gather data, make comparisons and draw out any positive conclusions. The problem of clarifying the interest group concept in the EU context has been exacerbated by the inability of the EU itself to settle on the consistent use of a single term referencing these groups. Following its 1993 shift in focus to associative democracy, the Commission began making specific reference to institutionalising interaction with so-called “special interest groups” (European Commission, 1993: 1). By the time of the 2001 White Paper on European Governance, however, the less pejorative but similarly nebulous term “civil society” was appropriated (European Commission, 2001). But the vocabulary changed again just a few years later, this time with the Commission referring first to “interested parties” in a 2002 Communication as well as a 2006 Green Paper, and second to “interest representatives” in a 2009 Communication (European Commission, 2002; 2006; 2009). Indeed, this last term has been most recently codified by the Commission’s online Register. Making the problem worse still is the EU’s careless, imprecise and tenuous inclusion (and exclusion) of the types of interest groups that fall under these different labels. Initially, the Commission worked from an ill-defined range of so-called non-profit (including primarily European and (inter)national associations/federations) and for-profit groups (like legal advisors, public relations and public affairs firms, and consultants) (European Commission, 1993: 1). This was later expanded to include trade unions, employers’ unions, nongovernmental organisations, professional associations, charities, grass roots organisations, and even organisations that involve citizens in local and municipal life (European Commission, 2001: 14, n9). Most recently, the list of relevant groups has - 49 - been extended even further to include “representatives from regional and local authorities,” “academics and technical experts,” “interested parties from third countries” (in 2002) as well as think tanks, legal advisors (or law firms) and consultancies (in 2006) (European Commission, 2002 & 2006). Clearly, bringing clarity to the interest group concept requires a careful negotiation of the inclusiveness of the concept (to include as many ‘like’ groups as possible) with a rigorous limpet test for similarity of ‘kind’, and not degree, between cases. The major difficulty here is that as we move up the ladder of abstraction to include more groups, the likelihood of degreeism, parochialism and concept stretching radically increases (see Sartori, 1970). In this analysis, following Beyers, Eising and Maloney (2008), I opt for the basic term “interest group” and define it across three dimensions: organisation, political interests, and informality. These dimensions are crucial for determining which types of groups fall under the auspices of the term “interest group” and which groups do not. First, interest group organisation is geared toward the representation of either aggregate individual interests or, likewise, organised forms of political behaviour (Beyers, Eising and Maloney, 2008: 1106; see also Jordan, Halpin and Maloney, 2004). While including groups that have members, like trade unions and NGOs, and those that do not, like companies and consultancies, it excludes broad social movements and fleeting waves of public opinion. This differentiates the study of interest groups from the social movement and contentious politics literature and also acknowledges evidence that groups like think-tanks, public relations consultancies and foundations reflect a new type of “member-less” group (Skocpol, 2004). Second, interest groups have political interests insofar as they seek to influence the policymaking process (Beyers, Eising and Maloney, 2008: 1106). This is perhaps the least contentious characteristic of interest groups and has found - 50 - considerable consensus in the literature (Michalowitz, 2007; Watson and Shackelton, 2008; Coen, 2007; Woll, 2006). The third characteristic, that groups are informal, acts on and helps clarify the second characteristic. Group informality means simply that groups do not “normally seek public office nor compete in elections” (Beyers, Eising and Maloney, 2008: 1106f: see also Gerber, 1999; Coen, 2007; for a different view see Mahoney, 2008). This characteristic is crucial in that it differentiates interest groups from elected actors who can also very well seek to influence policy. For interest groups, importantly, goals are pursued through “informal” interaction with elected actors, politicians and bureaucrats. Taking these three characteristics together, we can define interest groups as follows: any group that seeks to influence the policymaking process but does not seek to be elected. This encompassing definition of interest groups is key to the comparative dimension of the present analysis. While necessarily excluding office seekers and social movements, it captures the four basic sub-types of interest group that are most commonly referred to in the EU related literature: diffuse interest groups (like NGOs and trade unions), private interest groups (like companies and professional associations), as well as consultancies (both public affairs and media relations consultancies) and public authorities (namely, representations of cities, regions, local authorities and municipalities) (Beyers, Eising and Maloney, 2008; Watson and Shacketon, 2008; Eising, 2007b; Michalowitz, 2007b; Greenwood, 2007). These four basic sub-types, insofar as they are deeply entrenched in the literature, are useful when talking about interest group activities and influence. This is particularly the case with the private and diffuse sub-types. There are, for instance, a series of long held but rarely tested assumptions about private and diffuse interest groups drawing on insights from research on collective action as well as interest group intermediation at the state level. Thus, private - 51 - interest groups are assumed to easily provide selective incentives to curb free-riding, have considerable resources to lobby effectively, and by consequence, have privileged access to the policy-making process. Diffuse interest groups, by contrast, are assumed to struggle to curb free-riding among a diverse and large membership. By the same token, diffuse groups are assumed to have limited resources and, consequently, little access to the policy-making process. Research applying these sub-types rarely disaggregates among group types and therefore tends to make generalizations across otherwise different group types (i.e., conflating trade unions and NGOs as diffuse interest groups). While the present study does disaggregate between different group types within each sub-type it is still useful to retain these sub-types to compare how conclusions made here hold up to the assumptions made in the literature. Additionally, by moving beyond the traditional dichotomy of private and diffuse groups, the inclusion of public authorities and consultancies will enhance the comparative power of this analysis. Establishing the Interest Group Population Defining the interest group concept is just the first step in the process of empirically testing an information processing theory of interest group influence in the EU. The next step is more pragmatic and turns on the use of this definition to determine a workable list of interest group types to include in the analysis. Doing so will give us a sense of the size and scope of the interest group population in the EU as well as the tools for determining a sampling frame from which we can begin our empirical analysis. A central challenge for any research on interest groups in the EU is that there is no single, reliable list or register of these groups outlining the interest group population. Instead, there are several different lists serving different purposes and aims, and which, to speak with Berkhout and Lowery, enjoy “surprisingly little overlap” (2008: 509). - 52 - Traditionally, scholars have relied almost exclusively on the now defunct CONNECS list (replaced by the Commission’s Register of Interest Representatives) or the “European Public Affairs Directory” published by Landmarks. Both lists carry some baggage. CONNECS, for instance, had a specific Brussels-focus and thus “over-sample(d)” European associations at the expense of national interest groups. The “European Public Affairs Directory” is more comprehensive, listing corporate interests, think-tanks and regional interest representations alongside national, supranational and international group, but is generated by altogether unclear selection criteria (Ibid.: 493). The main point is that the choice of data source from which a sample is drawn “may have real consequences” on one’s empirical results (Ibid, 506). Indeed, having a concrete idea of the interest group population is a fundamental prerequisite to generalizing from our data. Rather than relying on a single list of interest groups, I have generated my own list from three different existing sources: the Commission’s online Register of Interest Representatives, the 2008 edition of the “European Public Affairs Directory,” and the online “Brussels-Europe Liaison Office” list of sub-national offices in Brussels from the Brussels Capital Region office (2009).11 The Commission’s Register, while effectively replacing the CONNECS list of interest groups, has been received somewhat critically by scholars and the media. To be sure, the introduction to this analysis reproduced a cartoon highlighting the perceived limitations of the Register in the press (for similar sentiments, see EurActiv, 2009; European Voice, 2009; Corporate Europe Observatory, 2009). Additionally, recent academic work, although recognising that it “could be an important new data source”(Wonka et al., 2010: 474), still does not fully embrace the Register. While part of the problem is the representativeness of the Register, the main 11 The Brussels-Europe Liaison Office list is available online at: http://www.blbe.be/directory/find.asp. This web-site was accessed in September 2009. - 53 - issue is quality and comparability of the information registered groups have provided -for instance, ambiguous financial disclosures (Ibid). None of this information, however, is necessary for this analysis. Rather, I have used the Register, together with two other sources, to collate a list of contact information for interest groups active in the EU. What is more, issues of representativeness have more recently been largely assuaged, with the Register now boasting over 3,100 entrants. While still not achieving its “full potential,” to speak with a 2009 Commission Communication, coverage is “already quite significant” (European Commission, 2009: 2). The use of the European Public Affairs Directory, perhaps the most commonly used list by scholars, helped flesh out the Commission’s registry. Further, the addition of the Liaison Office list was critical for including a full range of regional, municipal and city interest groups (public authorities). At the time of accessing this list in September 2009, there were almost 200 regional, municipal and city interest groups listed. The main function of this list is to provide up-to-date and reliable contact details for these groups. Importantly, this list was not restricted to groups in the EU-27, but included many groups from third countries as well. A list of eleven different types of interest groups was generated from a comparison of these three sources and define the population of interest groups used in this analysis: professional associations, companies, law firms, public affairs consultancies, chambers of commerce, academic organisations, trade unions, NGOs and associations of NGOs, representatives of religions, churches and communities of conviction, think-tanks, and, lastly, public authorities like regions, cities and municipalities. It is important to note that my list is not limited to interest groups situated in Brussels, but rather includes groups with offices in EU Member States as well as in third countries. In this sense, I follow Wonka et al. in acknowledging that there are - 54 - “a large variety of interests, from countries within and outside of Europe and geographically rooted at the regional, national, supranational and international levels” that pursue their goals through the EU (2010: 464). Excluding interest groups without a Brussels-based office, as Mahoney does in a 2004 study, requires bracketing-off a significant portion of the interest group population.12 Working from the Commission’s Register, the Brussels-Europe Liaison Office list and the European Public Affairs Directory, a list of 2,500 interest groups was generated. I used a simple proportional sampling technique (systematically selecting every nth group on the list (see Rea and Parker, 2005: 163)) to minimize sampling biases (more on sampling biases below). From this, I established a sampling frame of 1,000 interest groups. This list was used to solicit responses for a large-scale online survey.13 Research Design Implementation The sheer size of the EU interest group population and the differences among the various types of interest groups considered in this analysis pose significant issues when we move to empirical analysis. This general complexity is one of the reasons why much of the extant work falls into the category of case studies of one or just a few different types of groups (Beyers, Haplin and Maloney, 2008). “Most of the time,” as Beyers, Halpin and Maloney note, the results of these case studies “are restricted to particular types of groups and their influence with regard to specific issues or policy areas under a specific set of conditions” (Ibid.: 1108). Systematic comparative research among many different types of interest groups is rare. The little work that is systematically comparative restricts the interest group population to just of few of the usual suspects, 12 Mahoney argues, I think wrongly, that “a Brussels base is a prerequisite for any interest seeking a role in the EU and for whom the stakes involved in European public affairs are significant” (2004: 452). 13 Selecting interest groups for interviews was based less systematically on opportunity and snowball sampling. - 55 - like business groups, NGOs and trade unions (see Mahoney, 2008; Greenwood, 1997; Coen, 1997; 2002). Otherwise, extant comparative analyses serve more of a stocktaking function, outlining the basic lobbying footprint in Brussels without explicitly addressing the question of interest group influence (Greenwood, 2007; Coen and Richardson, eds., 2009). While case studies are useful for providing detail-rich narratives of interest group activities and for identifying the causal mechanisms of interest group influence, they are limited in their ability to draw out generalisable conclusions (van Evera, 1997; George and Bennett, 2004). I contend that testing the theory of information processing proposed in this analysis is best served by conducting semi-structured interviews and a large-scale online survey. First, the theory of interest group influence posited in this analysis marks a considerable departure from existing research on interest group influence. Surveys are particularly useful in gathering data from a large number of respondents in a manner that will help flesh-out, in broad terms, the framework of interest group influence in the EU. Given that an information processing theory of influence is relatively uncharted territory, this type of data gathering exercise is an essential first step toward translating theory into empirical analysis. Second, surveys are a useful way to address the comparative dimension of this analysis. They can be used to rather easily gather data from a vast array of different types of interest groups. Interviews I carried out 47 semi-structured elite interviews with interest group representatives in October and December 2009 with 17 follow-up interviews in November 2010. Interview requests were made via both email and phone (depending upon availability of contact information) and were aimed at interest group presidents, - 56 - directors, and department heads. In order to increase participation and put respondents at ease, the interviews were offered in the EU’s three official working languages: English, German and French. Interviewees were assured of their anonymity from the point of solicitation and, at the end of each interview, were provided, in writing, with the option of being identified or not identified in any future reports resulting from this research. When possible, interviews were voice recorded. Interviews were structured around a set number of core questions. Questions were tailored to be open-ended in nature, thereby inviting interviewees to provide details about what they thought was important. Nevertheless, questions centred on the four main dimensions of information processing -- gathering, networking, transparency and transmission -- as well as more general questions about the nature of influence, lobbying and interaction with decision-makers in the EU. While such semi-structured interviews are useful in generating long, rich narratives about a topic, they also push the boundaries of social science validity and reliability. As Berry put it in a useful analysis of interviewing techniques, semi-structured interviews are perhaps “the riskiest but potentially the most valuable type of elite interviewing”(2002: 679). Nevertheless, the careful and timely use of probes and prompts were used to help reign in interviewees who strayed too far from the interview protocol. In addition to gathering useful qualitative data about interest group activities in the EU, the interviews served a second purpose, namely to pre-test my online survey.14 Such pre-tests are useful for optimising the design of the survey in terms of its layout and question wording (Fowler, 2009: 122). As such, when time permitted, a short, researcher-administered survey was conducted at the end of each interview. Attention was paid to question order, wording and comprehensibility. Interviewees asking for 14 Pre-test survey results were only used to improve the final survey and were not used in the analyses. - 57 - clarification about a question or those who were unsure about the meaning of a word or question were taken as potential indications of a weakness in the survey itself. Interviewees giving “inadequate answers” also suggested that survey questions might need to be re-worked or even dropped (Ibid: 123). Attention was also paid to the interviewees’ use of language, and in particular the jargon used in their answers. Using jargon can be helpful in making a survey “speak the language” of the target population rather than that of social scientists. The pre-tests also provided insight into how long the online questionnaire should be, paying careful attention to interviewee stamina and degree of interest for each question. Surveys Requests to complete an online survey were sent to 1,000 interest group representatives active in lobbying in Brussels. Three different solicitation emails were sent to prospective respondents at two-week intervals. Each email contained a hyperlink to the actual survey. While following the hyperlink might admittedly pose a challenge to a few less technologically savvy respondents, the dangers of providing the survey in the email or as an attached file are greater. Surveys that are part of an email look objectionably long and tedious and do not allow for simple “point and click” responses. Additionally, attached surveys can run into any number of formatting and downloading issues not to mention the added burden placed on the respondent to send the survey back via a separate email (Couper, 2000). As with the interviews, group presidents, directors and office heads were targeted as much as possible and emails were addressed personally to the relevant individual. The survey consisted of ten questions and was, like the interviews, made available in English, German and French. All questions were close-ended and required - 58 - respondents to input answers on a basic, five-point Likert scale (from 1 to 5). A Likert scale was chosen to provide respondents was a “neutral category” (represented by 3) in order to not frustrate respondents who were not comfortable providing more substantive / evaluative responses for certain questions (Sue and Ritter, 2007: 74). Instructions about how to complete the survey were kept to a minimum, as were the different question formats. In fact, only two different types of question were used: either “how important” or “how frequently” questions, both of which could be answered on the same 1-5 Likert scale (see appendix for the English version of the survey). While online surveys present a new and powerful tool for social science research, Internet access still poses a serious challenge for avoiding coverage errors (Couper, 2000: 467). This is a particularly salient issue when dealing with a geographically and socio-economically diverse target population. Those who do not have convenient access to the Internet are systematically excluded from the survey. However, researchers have acknowledged that “for some groups, such as company employees, members of professional associations, or college students, email access has reached nearly all and these groups can relatively easily be surveyed via email” (Schaefer and Dillman, 1998: 387). Interest groups are thus an ideal population to be targeted by online surveys. Nonetheless, coverage errors, specifically “unit non-response” and “item non-response,” still require careful attention with regard to survey design. I will discuss both in turn. Unit non-response is a “function of selected respondents choosing not to participate in the survey” (Sue and Ritter, 2007: 35). Clearly, some reasons for unit nonresponse are beyond our control, like the survey never reaching the individual for whatever reason or the individual simply refusing to respond. However, two specific challenges of unit non-response were identified for this survey. First, some of the interest groups included in this analysis do not necessarily consider themselves to be - 59 - interest groups. Negative connotations linked to the concept “interest group” and, perhaps more so, lobbying, lead some types of interest groups to eschew the interest group label. To give a recent example, the Commission’s new Register of Interest Representatives was initially “boycotted” by both law firms and think-tanks – these groups did not to be saddled with the more pejorative connotations related to lobbying (EurActiv, 2009). These groups simply do not self-identify as interest groups. To assuage the potential effects of this issue, the survey and solicitation letters avoided using such charged terminology. Rather, neutral terms were used as much as possible; for instance, reference was made to each respondent’s organisation (not group) and to its efforts to pursue its goals (not interests) at the European level. Further, each survey respondent was able to identify their type of group from a large, drop-down menu in the survey, which also contained a comment box for groups that preferred to describe their organisation in other terms altogether (this accounts for the “other” category in Table 1, below). The fact that the information processing theory of interest group influence already eschews assumptions about interest group pressure and purchase tactics also made avoiding such charged vocabulary easier. A second related issue is language. As noted, the survey was made available in English, German and French. Survey translation is, itself, a very powerful strategy for minimizing coverage errors of unit non-response (Sue and Ritter, 2007: 85). Of course, the broad geographic focus of this analysis, ranging from all 27 EU Member States to third countries, makes translation to all response languages impossible. Even translation into the EU’s 23 official languages would be prohibitively costly and incredibly difficult to control in terms of translation quality. Nonetheless, giving respondents a choice of three different language options goes some distance in making the survey more understandable and perhaps even more culturally accessible to respondents. - 60 - The second potential source of coverage error, item non-response, is a function of respondents skipping a question or series of questions in the survey. Item non-response is more specifically about survey design. In particular, skipping questions has been linked to survey length. As van Selm and Jankowski note plainly, “the longer the questionnaire, the less likely people will respond” (2006: 441; see also Rea and Parker, 2005: 46, who recommend that surveys require no longer than fifteen minutes). Working from insights gathered in the survey pre-tests, I opted for a short ten-question survey. The solicitation letter itself stressed that the survey was short and would only take, on average, about 15 minutes. Importantly, even this time frame proved to be too demanding from some respondents. For instance, I received a response email from one respondent indicating she would not complete the survey because even a ten-minute survey is too demanding. Of the 1,000 interest groups solicited, 308 responses were received, putting the response rate at about 30%. A breakdown of responses organised by interest group types is presented in Table 1, below.15 Table 1: Distribution of Online Survey Responses by Interest Group Type Interest Group Type Companies Professional Associations Public Affairs Consultancies Trade Unions Chambers of Commerce Law Firms Academic organisations NGOs/Association of NGOs Think-Tanks Representatives of religions, churches and communities of conviction Public Authorities (regions, cities, municipalities) Other Frequency 44 73 30 28 4 0 2 78 4 1 Percent 14.29 23.70 9.74 9.08 1.30 0 0.65 25.32 1.30 0.32 34 10 11.04 3.25 Total 308 100.00 15 Since interest groups identify their “group type” in the survey it is impossible to determine response rates per group type. - 61 - Clearly, the response rates for chambers of commerce, law firms, academic organisations, think-tanks and religious organisations are disappointingly low. Admittedly, some of these groups are not commonly thought of as interest groups in a traditional sense. It is not that these groups do not pursue their interests through EU channels, but rather that they do so only infrequently. They are primarily “latent” interest groups (see Beyers, Eising and Maloney, 2008: 1107). Respondents being unable to self-identify as interest groups and therefore thinking that the survey simply does not apply to them might explain low response rates. Despite efforts to use neutral terms and concepts in the survey to avoid negative connotations commonly linked to lobbying, and thereby expanding the applicability of the survey, further work needs to be done to solicit responses from these groups. Law firms pose a further obstacle in that they are bound to a code of professional secrecy that would effectively and radically restrict their ability to participate in any survey. Nonetheless, response rates for the remainder of the other types of interest groups were sufficient to conduct comparative, empirical analyses. Conclusion The survey design presented in this chapter is meant to address the challenges and requirements of testing a theory of information processing. Elite semi-structured interviews coupled with a large-scale online survey best meet the requirements of data gathering across a vast array of different types of interest groups. Many steps were taken to ensure that conclusions and empirical findings meet basic social-scientific requirements for generalising across different groups as well as inferring the characteristics of the target population from the responses provided by the sample population. More specifically, a sampling frame was generated using data from three - 62 - different lists of interest groups in the EU. While each list is limited on its own, a collated list has the benefit of being more inclusive and exhaustive. Further, proportional sampling was used to ensure that all population members were given an equal chance of being selected in this study. In this way, both sampling biases and coverage errors were minimised. The use of an online survey, as opposed to more traditional mail-in survey or researcher-administered survey, while providing the advantage of ease-of-access and quick turnaround, posed several methodological challenges in terms of unit and item non-response. Several measures were taken to address these issues. - 63 - CHAPTER 4 INFORMATION GATHERING: MONITORING, INFORMATION SOURCES, FILTERING & RESEARCH The task of providing information to decision-makers is preceded by a series of activities that I have labelled “information gathering.” Before interest groups can send information to decision-makers they first need to acquire it and decide when and where to send it. Information gathering is about keeping track of the policy activities of the EU, anticipating the informational needs of decision-makers and preparing to respond to these needs. To this end, interest groups engage in expansive monitoring activities whereby they act as “early warning radar systems” for their members, clients or stakeholders. To the same end, interest groups turn to any number of information sources for details about policy changes, important issues, upcoming events, and various opportunities for consultation. Information gathering, however, does not entail pouring aimlessly over newspapers, press releases and official EU documents, but rather making sense of these information sources and, perhaps more importantly, efficiently sifting and sorting the relevant from the irrelevant information. While these activities help interest groups anticipate the informational needs of decision-makers, it is through various research strategies that interest groups prepare to respond to these needs. Research can involve post hoc and predictive evaluations, reports summarizing and synthesizing other publically available data as well as large-scale studies that generate new data. Timing is the central issue for information gathering. There is a premium on early, efficient and reliable information in the EU. Decision-makers value policy relevant information but only if it is received in time for it to be useful in the policy-making process. Too late, and information loses all of its value. Therefore, interest groups must - 64 - quickly and efficiently determine what the issue is, what information is needed, who requires it and, lastly, how to respond. Interest groups, in other words, need to be efficient information gatherers. I assess the extent to which different types of interest groups are able to efficiently gather information using data collected from elite interviews with interest group representatives active in the EU as well as data from an online survey. I contend that efficient information gathering is a function of four related factors: (1) prioritizing monitoring activities over other interest group activities, (2) prioritizing information sources that provide interest groups with the most timely information, (3) implementing filtering strategies that allow for the quick and precise differentiation of useful from less useful information, and (4) prioritizing research strategies that are meant to address the informational needs of decision-makers. The main finding presented in this chapter is that efficient information gathering turns heavily on an interest group’s ability to gather information at the earliest possible stage of the policy-making process, but only to the extent that information quality and reliability are not compromised. This chapter proceeds as follows. In the first section I place these arguments in context, examining the extent to which interest groups prioritize monitoring over other activities like influencing EU decisions and securing EU funds. Next I examine the different information sources that interest groups use for information gathering. I differentiate between formal, informal and EU information sources and assess which sources provide both the most reliable as well as the timeliest information. This is followed by an examination of various information filtering strategies used by interest groups to shift efficiently through these information sources. Finally, I look at the different kinds of research strategies interest groups tend to implement and assess why certain types of groups tend to place more emphasis on research than others. - 65 - Information Monitoring The paucity of empirical work on information gathering is surprising given the general importance attributed to monitoring in the interest group literature. As the neopluralist literature has stressed, lobbying is not a singular activity unilaterally focused on pressuring decision-makers to make particular policy changes. As service bureaus providing information to friendly decision-makers, interest groups are driven to perform a host of diffuse organisational activities of which monitoring is one of the most important (Beyers et al., 2008; Lowery, 2008; Hall and Deardorff, 2006). For instance, Baumgartner and Leech’s 1998 comprehensive review of the literature stresses that “the ability to monitor” is one of the most important activities of the Washington lobbyist insofar as it translates into an “ability to mobilize quickly” (1998: 97). Salisbury points out that broad monitoring activities are less the exception than the rule in the American lobbying context (1990). Heinz et al., in their effort to challenge journalistic assumptions about lobbying heavyweights in Washington, found compelling evidence from their large-scale survey that interest groups allocate more than 40% of their time to so-called “organizational activities,” in particular “monitoring changes in rules, regulations and laws” (1993: 99). While work in the EU context also attributes significant importance to monitoring, much of what has been written is impressionistic. Michalowitz, for example, observes that monitoring activities, as part of a system of “political analysis” that also consists of a type of radar and early warning system, are “the largest part of all interest group lobbying activities” (2007: 75; see also Busch-Janser, 2004). Similarly, Lehmann (2003) lists monitoring as one of the primary working tools for EU interest groups, and Goergen (2006) identifies it as one of the five main stages of lobbying in the EU. - 66 - But to what extent are these impressions accurate? Does the same significant focus on monitoring activities that Heinz et al. found present in the US context extend to the EU? These questions are inherently comparative. How important is monitoring for EU interest groups and how important is it in relation to typical pressure and purchase priorities like influencing policy and securing funding? Survey results help provide an answer to these questions. Respondents were asked about the importance (ranked on a scale of 1 to 5, with 1 being “not at all important” and 5 being “very important”) of the following four activities: monitoring EU activities, influencing EU decisions, and securing EU funding. The results are presented in Table 2, below. Table 2 The Importance of Monitoring for Interest Groups in the EU (Frequency of individual responses with percentages in brackets.) Importance 1 (not at all important) 2 3 4 5 (very important) Monitoring EU activities 19 (6.23) 10 (3.28) 19 (6.23) 66 (21.64) 191 (62.62) Influencing EU decisions 12 (3.93) 14 (4.59) 53 (17.38) 69 (22.62) 157 (51.48) Securing EU funds 60 (20.76) 71 (24.57) 59 (20.42) 49 (16.96) 50 (17.30) Total Mean Standard deviation 305 (100) 4.31 1.13 305 (100) 4.13 1.10 289 (100) 2.85 1.38 Monitoring clearly is the most important activity for interest groups in the EU. Over 62% of respondents report that monitoring is “very important,” while about 51% report the same level of importance for influencing EU decision-makers. Another typical pressure and purchase lobbying activity, securing EU funding, is even less important, with a great many respondents claiming that it is “not at all important” (just over 20%). Clearly, these results support Heinz et al.’s findings regarding the central place of monitoring for Washington interest groups (see also Baumgartner and Leech 1998). In Brussels, as in Washington, monitoring appears to trump pressure and purchase tactics like influencing decisions and securing funds. - 67 - Monitoring is not just one activity among others for interest groups in the EU. It is, to speak with one interest group representative, their “raison d’être.”16 The importance attributed to monitoring reflects the pivotal role that information plays in the EU lobbying process. Timing is again absolutely crucial. Monitoring is commonly referred to by interest group representatives as a kind of “horizon gazing,”17 a process of “hearing the grass grow”18 or even as a type of “early warning radar system.”19 The idea is to “be in right from the start,” “at the earliest possible stage (…) because when you have a written proposal it is always more difficult to change.”20 “Keeping up to date is not enough. You must be able to anticipate what the (EU) agenda will be.”21 The exigency interest groups face to act at the earliest possible stages of the EU policy-making process is reinforced by the Commission’s formal and informal consultation procedures with interest groups. Weighing in on consultation, in so far as it precedes the formal initiation of legislation by the Commission, ultimately means shaping the agenda-setting stage of the policy-making process. This is also the time when EU decision-makers are most in need of the informational input interest groups typically provide, a fact evinced in the multitude of working groups, committees and even open online consultation forums it coordinates. Timing is also crucial in the Parliament and Council, where decision-makers often find information most useful during the early stages of composing policy briefs and position papers. Does the importance of monitoring vary among different types of interest groups? Graph 1, below, organises the same data by interest group type. 16 Interview, Dominic Rowles, European Officer, Local Governmental Association, Brussels, 16/10/2009. Interview, Julian Carroll, Managing Director, Europen (The European Organisation for Packaging and the Environment), Brussels, 17/11/2010. 18 Interview, Dr. Volker Löwe, official, Das Büro des Landes Berlin bei der EU, Brussels, 28/10/2009. 19 Interview, Timo Schubert, Associate Director, ADS Insight, Brussels, 17/11/2010. 20 Interview, Martin Romer, General Secretary, ETUCE (European Trade Union Committee for Education), Brussels, 17/11/2010. 21 Interview, official, Conseil regional d’Aquitaine, Brussels, 12/10/2009. 17 - 68 - One point of consistency in Graph 1 is the general prioritization of monitoring by most interest groups. Indeed, monitoring is the most important activity for companies, consultancies, NGOs, professional associations, and public authorities. Again, we can explain this prioritization of monitoring with reference to the informational nature of lobbying in the EU and the premium placed on acting at the earliest possible stages of the legislative process. Nonetheless, trade unions break this trend, conferring somewhat greater importance on influencing EU decisions. How can we explain this result? While monitoring remains a very important activity for trade unions, the greater relative importance attributed to influencing decisions can be explained by the unique place that trade unions have in the EU decision-making process. Since the 1993 Maastricht Treaty, trade unions have been a formal component of the EU decisionmaking machinery as part of the so-called “Social Dialogue.” Eighty-two Member State and third-country trade unions are currently represented at the EU level by a single “peak” trade union association, the European Trade Unions Conference (ETUC). The - 69 - Social Dialogue legally obliges the Commission to consult with the ETUC, as well as peak business and consumer associations (BusinessEurope and the European Centre of Enterprises with Public Participation or CEEP), on all relevant legislation. Importantly, if the Social Dialogue members can reach a collective agreement on a particular policy issue, it can “serve as a direct substitute for EU legislation” (Hix, 2005: 217). Clearly, Social Dialogue provides a powerful channel for trade unions at the European level, so much so that national peak trade unions, unlike their business and consumer interest counterparts, rely exclusively on their representation in the ETUC for all of their European level lobbying activities.22 The Social Dialogue, however, is a highly institutionalized process, resembling a robust form of neo-corporatism (see Czada, 2004; Greenwood, Grote and Ronite, 1992; Michalowitz, 2004). The highly regulated nature of the Social Dialogue, and the fact the individual national trade unions turn exclusively to the ETUC for European level representation, can explain the reduced importance trade unions attribute to monitoring. Trade unions, through the wellstructured mechanisms of the Social Dialogue, are aware of precisely when they will be asked to provide information to decision-makers, exactly what the process will entail and even what the Commission’s expectations will be. There are, to put it differently, few surprises. It is not that trade unions do not engage in horizon gazing, it is just that their view is already quite clear. Information Sources Information gathering is a task primarily determined by the information sources that a given interest group turns to when monitoring. At one level, information Business interests, like companies, professional associations, as well as consumer groups, while taking advantage of the powerful Social Dialogue mechanism, also pursue other avenues of interest representation at the European level. This explains how they can act as formal Social Dialogue members but still place a great deal of importance on monitoring. 22 - 70 - gathering implies “trawling through transcripts of legislative proceedings and press releases (Lehmann, 2003) as well as “newspapers and other media” (Beyers et al., 2008). At another level, interest groups track more formal sources of information, like “changes in rules, regulations or laws”(Heinz, 1993). Finally, information gathering also deals with less tangible information sources like the “identification of information providers” (Goergen, 2006) and simply “observing activities in a wide range of governmental departments” (Baumgartner and Leech, 1998). Given the premium on timely information, what sources offer the best means for interest groups to obtain information as early as possible? Moreover, how do groups weigh the costs and benefits of early information with information accuracy, relevance and detail? Answering these questions requires taking a closer look at the types of information sources that interest groups use during the information gathering process and, subsequently, developing a framework for comparing which sources offer the best bet for acquiring the timeliest information. I differentiate between three distinct types of information sources: formal information sources, EU information sources, and informal information sources. I discuss each in turn. First, and perhaps the type of information source that comes immediately to mind when we think about information gathering, are newspapers, newsletters, TV news, radio news, as well as books and magazines. There is no shortage of this kind of information in Brussels. In addition to any number of national or regional newspapers (like “Le Monde” in France, “Die Frankfurter Allgemeine Zeitung” in Germany or “El País” in Spain), a vast array of both print and online news sources specialize in EU politics. Some, like “Europe Today,” “EUobserver,” “Euractiv,” and “Politikportal,” are free of charge, offer news in (at least) the three main EU working languages (English, - 71 - German, French) and follow the headlines across a broad range of news areas. Others, like “Europe Voice,” “Agence Europe,” and “Aqui Europa,” are more exclusive, offering select and policy specific articles and requiring user subscriptions for full access to all articles. Even here there are major differences. For instance, a subscription to “European Voice” costs €193 per annum, while “Agence Europe” carries the far heftier price tag of €1580 per annum. These higher prices are justified not only by the exclusivity of the information provided and availability in different languages, but also by offering customized email alerts to subscribers. Books, magazines, newsletters as well as TV and radio news are also common formal sources of information, but they are not subject to the same sort of specialization and frequency of distribution that make print and online newspapers so prevalent and useful. EU sources are the second type of information source and refer to information made public by the EU itself. The Commission’s annual work programme is perhaps one of the most important EU sources of information and certainly a source that allows interest groups to anticipate the informational needs of decision-makers. Each year the Commission publishes its priorities for the upcoming year in its work programme, detailing policy areas that will be on the agenda and issue areas that will receive the most attention.23 Interest groups also keep up-to-date on EU activities by monitoring the Commission’s Green Papers and White Papers. Green Papers are published rather frequently – a total of 77 since 2000, with an average of about eight papers per year – and are meant to spark discussion on particular policy topics. Green Papers put forward competing ideas, draw interested parties into discussion and even invite parties to participate in consultation procedures. White Papers, by contrast, are published less frequently, with a total of 19 publications since 2000 and an average of just two per 23 http://ec.europa.eu/atwork/programmes/index_en.htm - 72 - year. The less frequent publication of White Papers reflects their function: they generally follow Green Papers and contain specific proposals for EU action in a particular policy area.24 While the work programme and the White and Green Papers provide sporadic news, EU press releases provide a much more immediate and flexible news source. EU press releases are organised and run by DG Communication and consist of an online search engine, “EU Rapid,” which assembles all press releases and provides an additional platform for their storage and dissemination. Informal informational sources are the third type of information source that interest groups draw on in the information gathering process. Unlike formal and EU sources, issues of publication frequency, formatting and dissemination do not circumscribe informal information sources. Indeed, informal sources of information can refer simply to meetings over lunch or drinks or at a conference or exhibition. Informal sources are also sometimes a matter of simply knowing the right people and word of mouth. In fact, many interest groups justify their presence in Brussels by citing the value of this kind of information. “It would be very easy if I got all of the information via newspapers and newsletters,” explains one NGO representative, “but it doesn’t work like that. I try to have meetings with people (…) and we share information about what’s happening.”25 The value of informal sources is manifest in the immediacy of the information it provides. “The key,” as one interest group representative put it, “is to get information before it is even published” in formal sources and to be “earlier than EU publications.”26 In a sense, informal sources provide tomorrow’s news today. Importantly, informal sources are social sources and require frequent personal All information on White Papers and Green Papers was obtained from the Europa Portal website, at: http://europa.eu/documentation/official-docs/index_en.htm 25 Interview, official, Bureau of Nordic Family Forestry, Brussels, 7/12/2009. 26 Interview, Nicolas Cuesta Santiago, official, Delegación de la Junta de Andalucia en Bruselas, Brussels, 19/10/2009. 24 - 73 - interaction.27 The general rule of thumb, then, for obtaining informal information was expressed by a public affairs representative as this: “the less time we spend in the office the better.”28 Conferences and exhibitions can also facilitate social interaction. In fact, many interest group representatives explained that they decide to attend such events based more on the list of participants than on the actual topic under consideration. In addition to providing early information (tomorrow’s news today), informal sources also offer access to leaked information. Interest group representatives refer variously to this as “black information,” “early information,” “soft information,” and “information limitée,” and generally mean information produced by the EU institutions, but for EU eyes only. It might entail knowing the contents of a Green Paper before its official release, or circulating data from an EU research report before its publication. While some cases of stolen official documents have been a matter of concern for both the Commission and the Parliament (European Commission 1993; European Parliament, 2009), leaked information is generally less surreptitious and depends on knowing “someone on the inside,” as a business interest representative put it, who can pass along confidential reports, strategies and data.29 One example is “Sources Say …,” a daily inhouse report put together by DG Communication that takes the form of a simple, photocopied pamphlet. In its banner it claims that it “contains fresh news” and warns to “distribute only to Commission officials and agents.” While we might doubt the seriousness of these kinds of statements, “Sources Say …” is held to be an important, exclusive and much sought-after news commodity by many interest groups in the EU. 27 Informal sources of information have an important social dimension. They are passed along through both formal and informal networks of interest group and EU actors. The present chapter focuses on the content and advantages of interest groups using informal sources during the information gathering process. In the following chapter I will examine how network characteristics facilitate informal information flows between actors. 28 Interview, official, South Finland EU Office, Brussels, 14/10/2009. 29 Interview, official, Ferrovie dello Stata, Brussels, 10/12/2009. - 74 - Clearly, informal sources seem to be an interest group’s best bet in obtaining early information, whether that is tomorrow’s news today or leaked information. Moreover, in obtaining these types of information, interest groups are given their best chance of acting in the timeliest manner possible. Given the premium on good timing in the EU legislative process, groups that can tap into these sources appear to have an advantage over groups that cannot. But what types of sources do interest groups say they prioritize when keeping track of EU activities? Further, how does this vary among different types of interest groups? In the context of the survey, respondents were asked the following question: “How important are the following sources of information for keeping track of EU activities?” with importance measured on a scale of 1 to 5 (with 1 being “not at all important” and 5 being “very important”). The information sources listed were newspapers (print and online), newsletters, television news, radio news, books / magazines, the Commission’s work programme, EU press releases, White Papers, Green Papers, conferences / exhibitions, face-to-face meetings, and word of mouth. From the above discussion, these twelve sources fit into three broad categories: formal sources, EU sources and informal sources. Table 3, below, presents the results. - 75 - Table 3 Information Sources Used to Keep Track of EU Activities (Frequency of individual responses with percentages in brackets.) Formal Sources Importance 1 (not at all important) 2 3 4 5 (very important) Total Mean Standard Deviation Newspapers Newsletters TV news Radio News 12 (4.08) 7 (2.41) 52 (17.69) 71 (24.32) Books / Magazines 26 (8.97) 46 (15.65) 68 (23.13) 87 (29.59) 81 (27.55) 37 (12.76) 76 (26.21) 93 (32.07) 77 (26.55) 116 (39.46) 82 (27.89) 30 (10.20) 14 (4.76) 124 (42.47) 67 (22.95) 18 (6.16) 12 (4.11) 90 (31.03) 111 (38.28) 47 (16.21) 16 (5.52) 294 (100) 3.37 1.16 290 (100) 3.68 1.07 294 (100) 2.47 1.04 292 (100) 2.26 1.01 290 (100) 2.79 1.00 EU Sources Commission Work Programme 4 (1.37) 25 (8.53) 64 (21.84) 74 (25.26) 126 (43) EU Press Releases White Papers Green Papers Importance 1 (not at all important) 2 3 4 5 (very important) 5 (1.71) 17 (5.82) 48 (16.44) 97 (33.22) 125 (42.81) 9 (3.06) 20 (6.80) 39 (13.27) 87 (29.59) 139 (47.28) 9 (3.11) 18 (6.23) 37 (12.80) 89 (30.80) 136 (47.06) Total Mean Standard Deviation 293 (100) 3.98 1.05 292 (100) 4.10 .98 294 (100) 4.12 1.06 289 (100) 4.13 1.05 Informal Sources Conferences / Exhibitions 15 (5.10) 35 (11.90) 71 (24.15) 118 (40.14) 55 (18.71) Face-to-face meetings Word of Mouth Importance 1 (not at all important) 2 3 4 5 (very important) 11 (3.73) 17 (5.76) 18 (6.10) 71 (24.07) 178 (60.34) 12 (4.15) 29 (10.03) 71 (24.57) 88 (30.45) 89 (30.80) Total Mean Standard Deviation 294 (100) 3.58 1.08 295 (100) 4.34 1.06 289 (100) 3.79 1.12 Generally speaking, formal sources are considered to be rather unimportant for staying up to date on EU activities. TV news, radio news and books and magazines have the lowest mean scores and are thus perceived to be the least important sources of information. Newspapers and newsletters fare only somewhat better. The limited importance accorded formal sources can be explained with reference to three points. First, formal information sources present information that is already out of date. As one - 76 - public authority representative explained, “newspapers are really just second-hand news” and the information they provide “is already too late.”30 Second, there is also considerable duplication and therefore redundancy of information among various formal news sources. Top EU-niche newspapers, like “European Voice” and “Agence Europe,” like any common national and regional newspaper, tend to present similar stories and cover the same “newsworthy” topics. Third, formal sources provide only a superficial level of information. It is just a “top level of information” whereas the job of monitoring is more like “being a detective” and requires “digging deeper.”31 In more general terms, formal information sources, while being too broad in scope, too late and too superficial, really represent the bare-minimum level of news an interest group must know in order to operate. Informal sources and EU sources, by contrast, are clearly the most important information sources for keeping track of EU activities. While informal sources like interaction at conferences / exhibitions and word of mouth rank high in importance, face-to-face meetings are considered to be the most important source of information by over 60% of respondents. Prioritizing informal sources speaks to the exigency interest groups face to gather early and leaked information. Further, having informal sources, especially leaked and early information, legitimates the work of interest groups in the EU. For the consultancy firm FD Blueprint, “good information is information that we get earlier than others. It is not only the quality of the information itself, but also the exclusiveness of the information.”32 Interest group members, clients and stakeholders value information exclusivity. Having leaked or early information “will impress the client,” speaking again with the FD Blueprint representative, “otherwise the client will 30 Interview, Dominic Rowles, European Officer, Local Governmental Association, Brussels, 16/10/2009. Interview, Illona Kish, Secretary General, Culture Action Europe, Brussels, 15/11/2009. 32 Interview, Kerstin Duhme, Director, FD Blueprint, Brussels, 16/11/2010. 31 - 77 - say, ‘I can read the newspaper myself, and I can look at the website’.”33 A representative from AEGPL, a professional association representing the interests of the LPG (liquefied petroleum gases) industry, expressed a similar point. “There is a value of showing (our stakeholders) that we have access to information, that we know things before they are published. That kind of thing demonstrates the value of having a presence here in Brussels. Members are very excited when you send them a leaked document or talk to them about something you’ve heard in a corridor. Even if the stakes are quite low, they like it …”34 All four EU sources are also accorded relatively high levels of importance, with White Papers and Green Papers considered to be somewhat more important than the Commission work programme and EU press releases. This might reflect the frequency of dissemination of these sources as well as the fact that, in the case of Green Papers, they sometimes alert interest groups about upcoming opportunities for consultation with the Commission. EU sources are accorded more importance than formal information sources because there is far less duplication and redundancy (there is only one working programme, for instance) but also because EU sources are timely, commonly being issued before legislation is initiated by the Commission. What is more, EU sources provide information directly from EU decision-makers and act as valuable primary sources for legislation, proposals and briefings. Although most interest groups would certainly prioritize leaked information about the contents of an upcoming Green Paper, for example, official EU information sources are nonetheless valued for their reliability and accuracy. The key comparison here is among informal sources, formal sources and EU sources. As such, individual responses were combined to provide mean scores for each 33 34 Ibid. Interview, Paul Voss, Manger for Energy and Environment Policy, AEGPL Europe, Brussels, 16/11/2010. - 78 - of the three basic types. The central question is: which interest groups prioritize which type of information source? More specifically, given the value of early information and leaked information, which interest groups prioritize informal information sources? Graph 2, below, organises the data for formal, informal and EU information by interest group type. Graph 2, reflecting the more general findings presented above, show that all six types of interest groups accord very little importance to formal sources of information. Information lateness, duplication and superficiality explain these results. Differing markedly for the general findings is the importance different interest groups accord informal and EU sources. Consultancies, professional associations, public authorities and trade unions stress EU sources while only companies and, to a much lesser extent, NGOs, stress informal sources. Given the clear benefits of gathering informal information, how can we explain the fact that four of the six types of interest groups under consideration in this study prioritize EU sources? Moreover, why do only companies and NGOs prioritize informal sources? - 79 - Informal information sources provide interest groups with the earliest information possible and even help interest groups justify their existence in Brussels. Nonetheless, informal information is, by nature, less reliable than both EU and formal information sources. Thus, while the pay-off of gathering informal sources might be bigger in terms of anticipating the informational needs of EU decision-makers and reputation building with members, interest groups are forced to check the accuracy of this type of information before passing it along to others or using it for their own purposes. This adds a hidden cost to informal sources in terms of person-hours spent on fact checking. As an ETUCE representative explains, “there are lots of conversations and they are, as usual, a combination of information and gossip. It is not systematic.”35 A common strategy is to either confirm with the source of the information or check it against a second source. Of course, double-checking informal information sources in this way takes time and thus undermines the initial value of the information: having it early and before anyone else. A further point of caution for informal information is that passing it along without first double-checking puts the reputation of the interest group at risk. After all, “you can only piss in the box once,” as a trade union representative put it colourfully, the second time and you risk putting your reputation on the line.36 The reliability issues associated with informal information explain why most interest groups end up prioritizing EU sources: they are direct, specific and reliable. But how can we explain why companies and, to a lesser extent, NGOs nonetheless prioritize informal sources? First, companies’ preference for informal sources can be explained with reference to their superior resources. Double-checking becomes less of a burden and far less time-consuming when you have any number of staff that can work in 35 Interview, Martin Romer, General Secretary, ETUCE (European Trade Union Committee for Education), Brussels, 17/11/2010. 36 Ibid. - 80 - ensuring the reliability of this information. That NGOs, typically under-staffed and resource-poor, also prioritize informal sources seems to undermine this explanation. However, it needs to be stressed that the data suggests that the priority NGOs accord informal information is very marginal (only one-tenth of the mean score over EU sources). But even if NGOs put informal sources on par with EU sources, the data still present an important finding. The key to understanding the results of the survey lies with the broad policy focus of most NGOs. NGOs typically represent the interests of an extremely broad sub-section of the population on equally broad issues (human rights, animal rights, culture and the arts, and environmental protection, for instance). Such a broad policy focus rarely fits squarely into one EU policy area. Rather it is strewn across different bureaucratic and regulatory bodies, agencies and committees and commonly falls under the auspices of a wide range of directives. In other words, NGOs concerned with issues of racism (like ENAR), the arts and culture (like Culture Action Europe) or animal rights (like Vier Pfoten), would find that their concerns are not sufficiently covered by a EU Green Paper, White Paper or the Commission’s work programme. A representative for Eurogroup for Animals explains: “the more you do, the less you get. The more areas you try to cover, you tend to not get the information you need. By doing more and more, it becomes hard to keep track of everything.”37 It is, then, this paucity of relevant information derived from EU sources that would drive NGOs to seek out alternative information sources despite the added costs associated with them. Their broad policy foci demand it. The potential downside for NGOs, however, is that without the resources to double-check information accuracy they are putting their reputations on the line. Further, following information that is ultimately unreliable can severely 37 Interview, Martyn Griffiths, Executive Officer, Eurogroup for Animals, Brussels, 15/11/2010. - 81 - undermine an NGO’s potential for adequately preparing to meet the informational needs of decision-makers. Information Filtering As the discussion of information sources suggests, there is no shortage of information for interest groups to monitor, scan and gather. Rather, the opposite is the case. “One is constantly overloaded with information,” as one NGO representative explained. “It’s not an issue of not being able to find out the information (…) it is about sifting the information you get.”38 While decision-makers are starved for policy-relevant information, interest groups are faced with severe “information overload.” “I get over 200 emails a day,” as a consultancy representative noted, “and 170 are news. It’s just a pure nightmare.”39 Interest groups in the EU are drowning in an avalanche of information, an issue that seems to be exacerbated with each additional Member State and with each additional expansion of the EU into further areas of Member State economic and political sovereignty. How can interest groups make sense of this information overload? Herbert Simon provides some useful remarks about information overload in more general terms. We live in an “information-rich world,” he argues, where “information is plentiful” but “time to attend to it is scarce.” Information is produced and flows at ever-greater speeds and rates, creating a “capacity bottleneck” (1997: 175) that forces interest groups to divide their time and attention. In short, managing information overload requires information filtering. The importance of filtering cannot be 38 39 Interview, Martina Weitsch, official, Quaker Council for European Affairs, Brussels, 10/12/2009. Interview, Timo Schubert, Associate Director, ADS Insight, Brussels, 17/11/2010. - 82 - overstated. As one interest group representative put it: “too much information is no information at all.”40 Interviews with interest group representatives revealed two general information-filtering strategies. First, interest groups use a division of labour strategy to help manage information overload. Some groups report employing “communications officers” whose sole job is to conduct a daily “media sweep” through all the relevant information sources, and, in some cases, prepare in-house newsletters for executives and policy-officers. In most cases, the division of labour corresponds to the areas of expertise of the policy officers themselves so that policy officers specializing in transport issues, for instance, scan the media for news only relating to transport policy. The real value of this type of division of labour is a matter of simple math. As one public authority representative explained: “it is always easier to listen with sixty ears than with just two of them.”41 A second strategy is the use of electronic filtering services. Various online information sources offer built-in filtering devices that allow subscribers to determine the type of news they receive. This is the case for “Agence Europe” and “Euractive,” for example. These services, however, can be costly, as the subscription prices mentioned above suggest, and thus must be weighed against their real value and the fact that formal sources of information typically report information that is already outdated. Despite acknowledgment of these filtering strategies, most interest group representatives were uncertain when asked to outline their formal filtering procedures. It is the “60 million dollar question” as one representative quipped.42 Another confessed: 40 Interview, official, Délégation Générale de la Région Rhone-Alps, Brussels, 23/10/2009. Interview, official, Generalitat de Catalunya. Delegación del Gobierno en Bruselas, Brussels, 7/12/2009. 42 Interview, Martina Weitsch, official, Quaker Council for European Affairs, Brussels, 10/12/2009. 41 - 83 - “If I find a way, I will let you know.”43 The problem with understanding information filtering is that effective filtering cannot be explained by a simple step-by-step set of rules. Filtering is too context dependent. The nature of the policy environment, with its multiple information sources and information overload, demands that filtering remain a fluid and intuitive process. In this context it is useful to think of interest group representatives as satisficers and not maximizers, to speak again with Simon. The real world is a “blooming, buzzing confusion” that does not easily permit individuals to know all of their alternatives and rationally select the best from among them. Satisficers reduce this complexity by perceiving the world in a “drastically simplified” way and by looking for courses of action that are “satisfactory” or “good enough” rather than optimal (Simon, 1997: 119). Information is not scarce, time is. Thus, satisficers filter by developing various heuristic shorts cuts, rules of thumb and “seat of the pants strategies” that allow them to remain flexible and respond quickly and efficiently to the current situation (Baumgartner and Jones, 2005: 56). It is really the fluid nature of efficient information filtering that leaves interest group representatives at a loss for words when asked to explain the process. Efficient filtering requires such a rapid and largely intuitive response that “a valid account of either the process (…) or the grounds for judging it correct” cannot be given, to speak again with Simon (1997: 130). How can we assess an interest group’s ability to filter information if it is based on a type of intuitive logic? Here we are in largely uncharted territory. Simon, however, provides some further points of orientation. Intuition is no mystery. It is simply a capacity to recognize familiar cues in the situations that arise, and to use cues to retrieve information. It is not a special faculty, but the inevitable by-product of the acquisition of knowledge (1997: 178). 43 Interview, official, Daimler AG, Brussels, 7/10/2009. - 84 - Intuition, in this case, is part of accumulated experience. As Baumgartner and Jones explain, even “seat of the pants” heuristic strategies for managing information overload are developed and evolved over time (2005: 56). “Filtering is” as one business interest representative explained, simply “a matter of experience in the field.”44 “Over time you develop a feeling for which (information sources) are more useful than others.”45 More experience translates as an ability to employ heuristic strategies and to pinpoint particular cues and useful shortcuts. One representative from the pharmaceutical sector called this “Herrschaftswissen,” a type of tacit, trial-and-error knowledge gained through extensive experience.46 In a similar sense, a representative for a consultancy explains how efficient filtering develops with experience. New interns and colleagues tasked with filtering information face a very steep learning curve. “You can see how, at the beginning they send you a lot of news which is not very relevant. After a number of months it becomes more concrete and, over time, the sheer volume decreases and the relevance (of the information) increases.”47 Cues required to efficiently filter information also require a sound understanding of what to look for. At issue is an interest group’s capacity for collective action – or, more specifically, the relationship between interest group representatives and their members. In plain terms, knowing what to look for is partially facilitated by knowing what the membership wants. Collective action problems not only reflect a group’s inability to mobilize, but also a profound “disconnect” between those who do the lobbying (interest group representatives) and those who constitute an interest group’s members. But comparing how this disconnect affects different types of interest groups requires a 44 Interview, official, Coca-Cola Ltd., Brussels, 8/12/2009. Interview, Illona Kish, Secretary General, Culture Action Europe, Brussels, 15/11/2009. 46 Interview, official, Bayer AG, Brussels, 9/12/2009. 47 Interview, Timo Schubert, Associate Director, ADS Insight, Brussels, 17/11/2010. 45 - 85 - consideration of the different membership structures of these different interest groups. Indeed, the notion of membership is different for different types of interest groups. For NGOs, members can be citizens, for trade unions it means employees, while for companies and professional associations members refer to stakeholders. For public authorities the members are ultimately the citizens of a region, city or municipality. However, political actors elected to represent these citizens at the sub-state level are much more directly linked to Brussels-based representations. Lastly, consultants do not represent members, but rather have clients whose interests direct the filtering process. The ability to efficiently filter information depends to a certain extent, then, on a sound system of engagement and communication between interest groups and members. Interest groups need to be well connected to the needs and interests of their members. However, members that invest little importance in what the interest group is doing, who have very little understanding of how they are doing it or have little concern for acting at the EU level will typically be remiss in providing the right cues necessary for efficient information filtering. There is no single and convenient indicator that directly measures efficient information filtering. The intuitive logic underpinning the rules of thumb and various heuristic short cuts used in filtering are, by nature, difficult to measure in empirical research. We can say something, however, about how different types of interest groups seek to ensure that they have a sound system of communication with their members. In fact, data collected from interviews reveals a wide range of strategies implemented to nurture the relationship interest groups have with their members. A few examples can be helpful in understanding the nature of the disconnect between interest groups and their members as well as how such a disconnect affects an interest group’s information filtering capacity. - 86 - A disconnect between members and interest groups results from three general issues. First, for many interest groups getting members to “take the EU seriously” is a central barrier to efficient information filtering. For the managing director of CEPLIS, a Brussels-based professional association, the “biggest problem is bringing awareness of the importance of the information coming in from my own members, persuading members to contribute in discussions (…) and that they should be interested in what is going on in Europe.”48 A small animal rights interest group, Vier Pfoten, similarly reported that its members “sometime completely forget about Europe (…) I have to run after them for information, and, of course, without this information we cannot do our work.”49 While EU law enjoys supremacy over national law in an ever-increasing number of policy areas and even accounts for over 70% of legislation implemented at the national level, many interest groups find themselves hard pressed to convince their members of the importance of acting at the European level. The information that should be flowing from members to interest groups is stemmed by the misperception of the diminished importance of the EU level. Many interest groups in the EU have implemented various strategies to reduce the “disconnect” between themselves and their members. The general approach is to inform members of the importance of the EU through training programmes, roundtables, seminars and twinning projects. The Berlin public authority office, for instance, recognizing that its members were functioning at a remove from the EU, implemented the “Europamitdenken” project in 2006. Loosely translated as “Thinking in terms of Europe,” the project sought nothing less than the “Europeanization of the Berlin administration” at the national level.50 As the Berlin office representative explained, “we 48 Interview, Dr. Theodoros Koutroubas, Director General, CEPLIS, Brussels, 17/11/2010. Interview, Dr. Marlene Wartenberg, Director, Vier Pfoten, Brussels, 19/11/2010. 50 Interview, Dr. Volker Löwe, official, Das Büro des Landes Berlin bei der EU, Brussels, 28/10/2009. 49 - 87 - want our stake-holders (… ) to be more informed about, and to be more prepared for, European work.” To this end, the stakeholders were brought to Brussels on a two-day visit with the intention of “bombarding them with presentations about various policy areas and how it affects them.”51 Less intrusive strategies implemented to reduce the “disconnect” between interest groups and their members typical involve frequent meetings where the groups impress the importance of the EU on the members. The Trade Union Council (TUC), the peak British trade union organisation at the EU level, hosts what it calls “The European Network” every two months. This meeting provides a platform where national unions and European representatives are brought together not so much to rally for the importance of the EU but rather for the opportunity to “find out from (particular members) what issues are of interest to them.”52 A similar but somewhat more ambitious strategy was described by ENAR, an anti-racism NGO. In order to extract important information about member activities and interests, ENAR has implemented a yearly roundtable meeting with members and EU officials. “The idea is to see what is positive activity at the national level and compare it to the European perspective.”53 The problem is a persistent tension between member and interest group perceptions. ENAR “wants to try to implement a European perspective at the national level” while its members “want the opposite, to have a national perspective that is adapted into European objectives.”54 While the type of information requested of ENAR’s members is admittedly “very basic and simple,” and while it is crucial for efficient filtering at the EU level, members continue to be either reluctant or unconvinced about the importance of the EU in their own activities. 51 Ibid. Interview, Sarah King, Trade Union Council, Brussels, 17/11/2010. 53 Interview, Juliana Wahlgren, Networking and Campaigns Officer, ENAR, Brussels, 18/11/2010. 54 Ibid. 52 - 88 - In addition to these specific examples, we can make some broader generalizations based on what we know about the “disconnect” problem and how interest groups differ with respect to their membership structures. First, diffuse interest groups, like NGOs and trade unions, should face the greatest hurdles in overcoming the disconnect problem if only because their membership structure is inherently diverse and widely encompassing. More diverse members simply increases the likelihood of an interest group representing members with little regard for the importance of the EU level in their own activities. It is also more difficult for these interest groups to systematically implement strategies to assuage the disconnect problem in any structured way. These assumptions are at least partly confirmed by the difficulties an NGO like ENAR has faced in attempting to extract information from its members. By contrast, companies and professional associations should fare better because their stakeholders, in the act of establishing EU-level representation, express their concern and understanding of the importance of the EU level. Pubic authorities, as the example of the Berlin office demonstrates, face disconnect issues that result from state structure. In the first instance, regions, cities and municipalities with greater devolved or decentralized competencies also have a greater stake in pursuing their interest through European channels (Moore, 2008; Keating and Hooghe, 1996; Jeffery, 2000; Hooghe and Keating, 1994). A 1996 study carried out by Marks, Nielsen, Ray and Salk confirms this assumption for regional representation in Brussels -- regions with greater autonomy were also the most like to have established interest representations in Brussels (1996). Unlike diffuse interest groups (like NGOs and trade unions) and public authorities, consultancies face very few problems in their relationship with members. Indeed, consultancies are hired by clients expressly to monitor, gather and filter information. Clients would be expected to, first, place considerable value on the - 89 - importance of the EU level for their own activities and, second, to be open and forthcoming with consultants regarding their interests. The real value that consultancies provide their clients is Herrschaftswissen – that tacit, trial-and-error knowledge that comes from experience. This is evinced in how consultancies go about filtering information. As an ADS Insight representative explains, part of the value-added we provide is filtering information and passing it on to our clients (…) by commenting on it, by saying, for example , ‘this MEP has said this but in fact he is a very isolated far-right member you can easily ignore. Our competence is in understanding the system and being able to comment on the relative importance of things.55 Consultancies appear to trade on Herrschaftswissen; the product they provide is expertise, insight and understanding of the EU decision-making process. Filtering becomes less a task of shifting and sorting the useful from less useful information, and more a task of commenting on the information in a way that transforms it in a userfriendly, or client-friendly, way. Research Monitoring activities and filtering strategies allow interest groups to anticipate the informational needs of decision-makers. It is through research, in large part, that interest groups prepare to respond to these needs. Admittedly, monitoring and filtering already imply a type of research insofar as these activities see interest groups “digging” for timely and relevant information. Much of the information that tells an interest group when to act also informs them how to react. It is, nonetheless, useful to distinguish the research implicit in monitoring and filtering activities from more formal research strategies carried out by interest groups in the information-gathering process. Research 55 Interview, Timo Schubert, Associate Director, ADS Insight, Brussels, 17/11/2010. - 90 - can take the form of evidence-based reports, post hoc and predictive policy evaluations, large-scale data-driven projects, as well as short syntheses and summaries of publicly available data (Hansen, 1991; Esterling, 2004; Baumgartner et al., 2009). Uniting these diverse research practices is the use of what Esterling calls “extrinsic” rather than “intrinsic” preferences. Extrinsic preferences are “preferences about the consequences of government action (…) framed in cause-effect terms.” Intrinsic preferences, by contrast, turn on moral, cultural or symbolic arguments without regard for “real world outcomes” (2004: 48f). The use of cause-effect logic gives research its distinguishing characteristic as “evidence” and establishes its value for decision-makers who require policy-relevant information. Interest groups conducting research usually do so in one of two basic ways: either commissioning private research studies or carrying out the research themselves. Commissioned studies refer to research that has been outsourced to third parties like service providers or consultancies. Research done in-house, however, should not be considered less valuable or rigorous. In fact, while in-house research can involve the engagement of executives, policy officers, and even interns or stagiaires in researchrelated projects, it can also refer to trained research experts, like engineers, technicians and scientists working for an interest group or its members. Both are powerful research strategies and can imply the costly engagement of experts and the generation of original data. Interest groups that stress both research strategies should also be those groups that are best prepared when it comes time to address the informational needs of decision-makers. What type of research do interest groups in the EU tend to prioritize? Moreover, which interest groups prioritize which types of research? To answer these questions, survey respondents were asked about the importance, again on a 1 to 5 scale, of (1) - 91 - commissioning private research studies and (2) doing research. The results from the survey are presented in Table 4, below. Table 4 Interest Group Research Strategies (Frequency of individual responses with percentages in brackets.) Commissioning Private Research Doing Research Importance 1 (not at all important) 2 3 4 5 (very important) 110 (38.33) 69 (24.04) 67 (23.34) 24 (8.36) 17 (5.92) 40 (13.56) 75 (25.42) 84 (28.47) 51 (17.29) 45 (15.25) Total mean standard deviation 287 (100) 2.19 1.20 295 (100) 2.95 1.25 Clearly, commissioned research does not appear to be much of a priority for interest groups in the EU. A great number of respondents – 38%, in fact – consider commissioned research to be “not at all important.” A mere 5.9% disagree, reporting that this form of research is very important. The results for “doing research” show a different picture, with over 15% of respondents stating that it is “very important” and only 13.6% reporting that this form of research is “not at all important.” But doing research is clearly not a priority for all interest groups in the EU. This is evident in the fact that most survey responses for doing research accord it a level of importance between the extremes, neither “very important” nor “not at all important.” While commissioning research and doing research cannot be distinguished in terms of costs incurred by the interest groups or research type, the general reluctance to commission research might be explained with reference to a general mistrust of consultancies and other third-party research providers in the EU. The main issue is that third party researchers have less of a vested interest in the research than the interest group representatives themselves. They are, after all, at a triple remove from the member’s interests. Doing research in-house, as a representative from a professional association - 92 - explained, “is better by definition because you’re actually interested in the stuff that is actually useful. You are not interested in selling something. You don’t attribute value to something that isn’t really worth anything.”56 Although many interest group representatives admitted to using consultancy services for carrying out research in a limited way, there was nonetheless a general scepticism about the real value of their contributions. These third-party research service providers are at best ambivalent to the needs of an interest group and at worst are perceived as “parasites,” to speak with one interest group representative, on the EU system of interest representation.57 Perhaps the more pertinent question, given these results, is which interest groups prioritize which research strategies. Organising the mean scores from the above results by interest group types, as presented in Graph 3, below, provides an answer. 56 57 Interview, Paul Voss, Manger for Energy and Environment Policy, AEGPL Europe, Brussels, 16/11/2010. Ibid. - 93 - The data in Graph 3 show a clear prioritization of both research strategies for companies and consultancies. NGOs, professional associations and public authorities accord significantly less importance to both research strategies while trade unions attribute very little importance to research. Consistent with the data presented above, all six types of interest groups stress “doing research” over “commissioning private research studies.” This reflects a general reluctance to engage third-party researchers who might be significantly less invested in the research than the interest group representatives themselves. Despite these similarities, how can we explain the noticeable difference attributed to the importance of both research strategies by different types of interest groups? Clearly, companies stress doing research and commissioning research more than any other interest group type. Once again differences in available resources might help explain this trend. Representatives of companies interviewed for this project noted that research was necessary to provide highly technical data related to issues of engineering and manufacturing. Equally, however, companies also pursued research on consumer and market data. This was also, not surprisingly, the case for professional associations. As private economic actors, both companies and professional associations conduct a type of information-gathering strategy that tends to combine a concern with supplying EU decision-makers with policy-relevant technical data and producing data on how new EU directives might affect market shares. A representative from a major soft drink company confirmed this, explaining how they engage various third-party service providers: one is “analytic,” carrying out research on the debates in the European Parliament, while another is “specific,” conducting research on consumer and market strategies that can be used both internally and externally.58 It is perhaps the 58 Interview, official, Coca-Cola Ltd., Brussels, 8/12/2009. - 94 - combination of research concerns that compels companies to stress both doing research and commissioning private research studies. This double-sided focus, when sufficiently coupled with efficient monitoring and filtering, should also give companies considerable advantage in producing information that addresses the informational needs of EU decision-makers. In contrast to companies, trade unions appear to place very little importance on research strategies. As a diffuse type of interest group with diverse members, trade unions rely heavily on their individual members for “case studies and grass roots evidence,” to speak with a representative from the TUC.59 But a reliance on members should not be an indicator of the importance attributed to doing research. In fact, for the ETUC, the peak trade union at the EU level, research is given a clear priority in the form of its sister organisation, the European Trade Union Institute or ETUI. The ETUI is the research arm of the ETUC, carrying out extensive research projects, producing various studies and reports and also working to establish links with the academic and research community. The ETUI boasts 60 full-time researchers from all over Europe and with backgrounds in economics, finance, trade policy and European law. Clearly, if the size and scope of the ETUI is any indicator, then trade unions do indeed place a great deal of importance on conducting research. How, then, do we explain the survey results? It might be the case the trade unions place little stress on research simply because the ETUI takes care of it for them. As the research arm of the ETUC, the ETUI frees its individual trade union members from the burden of pursuing independent research strategies. Clearly, given the existence of the ETUI, the perception of the importance of research of trade unions might be significantly diminished. 59 Interview, Sarah King, Trade Union Council, Brussels, 17/11/2010. - 95 - The relative emphasis that NGOs place on research is, at first glace, a surprising result. Indeed, it challenges a resource explanation, which would suggest that resourcerich interest groups, like companies are able to prioritize research, while typically resource-poor interest groups, like NGOs, are unable to prioritize research. Nevertheless, NGOs stress research more than professional associations, public authorities and trade unions. The results reflect an important misperception of NGOs as somehow less invested in, and perhaps less capable of, conducting research than private interests. While far from enjoying the same level of resources as large multi-national companies, like the soft drink provider discussed above, many NGOs understand the importance of providing EU decision-makers with useful technical and scientific information and thus accordingly employ experts to carry out detailed and extensive research projects in-house. Take, for example, Eurogroup for Animals. This NGO employs a multitude of in-house experts who carry out various research projects. As a representative explains, we have someone who specializes in farm animals, someone who specializes in wild animals, exotic animals and zoo animals. We have doctors who are looking into cloning and all of these issues. We also have an expert who overviews everything and also looks at EU foreign policy, common agriculture policy and all of that.60 As in a large company, in this small NGO in-house experts are employed in technical, scientific and policy-related research. The primary difference, however, is the engagement of third-party research services. Unlike companies, NGOs place very little importance on outsourcing research projects. It is here that a resource explanation for how groups stress research still appears to hold. The extent to which this is symptomatic of other NGOs is evinced in the survey data. 60 Interview, Martyn Griffiths, Executive Officer, Eurogroup for Animals, Brussels, 15/11/2010. - 96 - While the survey results provide some insight into which interest groups prioritize research and which do not, it is still unclear how useful such interest group research ultimately is in addressing the informational needs of decision-makers. For instance, although Eurogroup for Animals clearly stresses in-house research it is unclear how much purchase this research has at the European level. In plain terms: how useful is research on animal welfare if the EU provides few opportunities for consultations on these issues? In fact, this is precisely the problem faced by Eurogroup for Animals. The fact that there are very few opportunities to impact EU directives related to animal welfare has recently forced this NGO to forego strategies that target legislation and adopt instead broad-based “campaigning work” that targets citizen perceptions. The issue of how these research strategies translate into information that addresses the informational needs of decision-makers will be taken up in detail in chapter 8. Here it suffices to say that the survey results on both research strategies are perhaps best understood alongside monitoring, information sources and filtering. The purpose of this chapter has been well served by disaggregating these different dimensions of the information gathering process. However, in real world terms, all three work hand-inhand. Thus, pursuing research strategies that best address the informational needs of decision-makers requires efficient monitoring, procuring early and reliable information sources and implementing effective filtering strategies. Conclusion The present chapter has examined interest group information gathering in a systematic way. This task was facilitated by separate considerations of information monitoring, information sources, information filtering, and research strategies. In each instance, data collected from interviews and an online survey provided an empirical - 97 - basis from which to assess information gathering. One of the most important findings of this chapter is that interest groups in the EU prioritize monitoring activities over other activities, and in particular those most closely related to so-called pressure and purchase tactics. Influencing EU decisions, while still perceived as important to many interest groups in the EU, is overshadowed by the importance these same groups attribute to monitoring. This speaks to the neo-pluralist insights on which this analysis is based: that interests serve less as agents of pressure trying to change the minds of decision-makers and more like service bureaus providing policy-relevant information to allied decision-makers. The second central finding presented in this chapter is that timing is central to efficient information gathering. Interest groups monitor not only what is going on in the EU policy-making process, but also must scan the horizon in an effort to anticipate the informational needs of decision-makers. Acting and reacting in the timeliest possible manner places a considerable premium on informal information source (in particular, early or leaked information) as well as efficient filtering strategies. Interest groups, however, tend to weigh the exigency to act quickly with a careful consideration of information quality and reliability. This is why most interest groups tend to prioritize reliable EU sources rather than informal information sources. Information filtering, by the same token, turns less on electronic filtering services or a division of labour between interest group representatives and more on the relationship between an interest group and its members. Interest groups that receive little information from their members find themselves rudderless in an overwhelming ocean of information. Lastly, stressing research strategies is an effective way for interest groups to prepare to respond to the informational needs of decision-makers. While groups that emphasize research should be better positioned in this regard than other groups, research must be considered - 98 - alongside monitoring, information sources, and filtering. Doing these effectively will help ensure that the research will prove to be useful at the European level. - 99 - CHAPTER 5 INFORMATION NETWORKS: THE STRENGTH OF STRONG AND WEAK-TIES Being well informed about policy issues and the activities of EU decision-makers is, to a great extent, a function of an interest group’s internal capacity to monitor, gather, filter and generate information. But this is only part of the story. Information also has an important social dimension. In other words, interest groups also acquire a great deal of useful information through various informal and formal networks, alliances and coalitions. As intimated in the previous chapter, these network connections help interest groups share the latest news, pass along tips on upcoming events, forward early information and leaked information, circulate research data and even pool their resources to generate new research. The importance of these networks as a means of acquiring information and staying well informed cannot be overstated. In fact, as one business interest representative claimed, “success in lobbying depends entirely on doing things together.”61 The present chapter examines how interest group networks facilitate the sharing of information between network members. This information is understood to be essential for keeping up to date on the activities of EU decision-makers and the state of affairs in the EU more generally speaking. In this sense, the present chapter shares a similar point of focus with the preceding chapter. However, whereas the previous chapter compared the advantages and disadvantages of different information sources, the present chapter examines how information is shared among interest groups. The question here is how interest groups use networks to maximize their chances of staying 61 Interview, official, Coca-Cola Ltd., Brussels, 8/12/2009. - 100 - well informed. The basis for this analysis is the “strength of weak-ties” hypothesis first proposed by Granovetter (1973). It holds that some types of networks are better at circulating information than other types. Small, strong-tie networks of individuals with salient similarities nurture enduring bonds of trust. But large, diffuse, weak-tie networks of individuals without salient similarities are superior for the sharing of new and novel information critical for keeping up to date on EU activities. In other words, weak-tie networks are presumably strong in terms of keeping their members well informed. I test the strength of weak-ties hypothesis using data collected in interviews and from an online survey with interest group representatives active in EU lobbying. I examine three related questions: (1) what specific EU level factors create incentives for interest groups to nurture strong-tie and weak-tie networks?; (2) how do interest groups allocate their time between strong-tie networks and weak-tie networks?; and (3) which interest groups belong to a greater number of weak-tie networks and which belong to a greater number of strong-tie networks? The main finding is that interest groups in the EU do not, in general, opt for weak-tie networks despite the alleged informational advantages they offer their members. In fact, interest groups in the EU tend to participate more frequently in strong-tie networks. This finding is explained by two factors: the unique nature of competition for information in the EU and the EU’s preference for network “representativeness.” In the first case, low levels of competition for information diminishes the benefits associated with weak-tie networks. In the second case, the EU encourages networks to be as representative as possible – to speak for an entire industry, sector or sub-section of the population. The highly specialized and segmented nature of many interest groups, in particular private interests and public authorities, encourages homogenous networks of like-minded members. - 101 - This chapter proceeds as follows. The first section puts the argument of this chapter in context, outlining the nature of interest group networking in general and explaining how network structure is linked to information circulation. I then discuss the various formal and informal institutions that influence how interest group networks form in the EU. Lastly, I test the strength of weak-ties thesis using data from an online survey with interest groups active in EU lobbying. The Value-Added of Interest Group Networks Networking62 among interest groups is a commonplace but also a very costly lobbying behaviour. Not only does networking sometimes require interest groups to make considerable compromises on their preferences and goals, but also the spoils of successful networking are inevitably split between network members (Gray and Lowery, 1998; Salisbury, 1992). Networking, however, also offers a number of important benefits to offset these costs. In particular, networking is an efficient and common way for interest groups to pool valuable and scarce resources (Berry, 1977, 1989; Hula 1999; Ornstein and Elder 1978; Schlozman and Tierney, 1986; Hojnacki, 1998; Heclo, 1978). Resources refer not only to time, staff and money, but also to “politically relevant resources” like access to geographically and ideologically diverse members, to valued contacts, and, of course, to information (Hojnacki, 1998: 439). Importantly, networking does not only expand an individual group’s resources, it also provides new and sometimes more efficient frameworks for coordinating resources in a way that enhances lobbying efforts. Networking here refers simply to interactions between interest group actors. This definition is intentionally broad in order to capture both the formal and informal dimensions of networking. As such, a network can refer to well-established, highly organised groups with permanent secretariats and funding schemes, ad hoc coalitions founded on a set of policy issues, roundtable groups and working groups as well as completely informal meetings and discussions between interest group actors. Such a broad definition is necessary for capturing differences in information flows between so-called weak-tie and strong-tie networks. 62 - 102 - Information sharing within networks has been subject to considerable theoretical deliberation and debate. The main issue here is explaining how network structures determine the conditions under which information sharing takes place. Two questions in particular are relevant to this research: first, how do different types of networks vary in terms of their effectiveness in circulating information among network members?; and second, what factors restrict an interest group’s ability to form these effective information-sharing networks? Granovetter (1973 & 1983) has provided a partial answer to these questions by distinguishing between strong-tie networks and weak-tie networks. Strong-ties exist in small networks of tightly knit cliques of “friends” whose salient similarities nurture enduring links based on trust. Weak-ties, by contrast, exist between “acquaintances” in large, loosely connected networks where similarities between members are broad and corresponding levels of trust are diminished. Despite the ostensible benefits associated with close-knit networks, Granovetter argues that the weakness of strong-ties is that they tend to circulate redundant information. This is a function of the similarity of each network member and the diminutive size of the network. As Granovetter explains prosaically: If someone “tells a rumor to all his close friends, and they do likewise, many will hear the rumor a second and third time, since those linked by strong-ties tend to share friends” (1973: 1366). Information, in other words, is recycled and even rerecycled among members of strong-tie networks. Weak-tie networks, by contrast, are “strong” in an information-sharing sense. In particular, these types of networks bring individuals together “from distant parts of the social system,” with sometimes radically divergent backgrounds, expertise and preferences (Granovetter, 1983: 202). Weak-tie networks, insofar as members share new ideas, new information and access to new - 103 - contacts, curb the circulation of redundant information. In short, the real strength of weak-ties is that they circulate novel information. Despite garnering considerable support from related scholarly work (Rogers and Bhowmik, 1971; Liu and Duff, 1972; Friedkin, 1982; Carpenter, Esterling, Lazer, 1998), some recent research offers important amendments to Granovetter’s hypothesis. Various scholars, while acknowledging that weak-tie networks facilitate the flow of novel information, argue that this type of information comes at a price. The issue is related to trust, or, more specifically, the lack of trust that characterizes weak-tie networks. The dissimilarity of preferences and goals of mere “acquaintances” in weaktie networks account for both the circulation of novel information but also the possibility that this information is unreliable. The issue is that all information received through weak-tie networks must be scrutinized for accuracy and reliability. The real strength of strong-ties, then, is the trust that links close-knit members (Levin and Cross, 2004; Carpenter, Esterling and Lazer, 2003 & 2004; Hansen, 1999; Uzzi, 1996 & 1997). Members of strong-tie networks are simply more accessible, more willing to be helpful and to provide reliable information to other members. Strong-tie networks are therefore not burdened by the added costs of mistrust and unreliable information. While some scholars describe a “trade-off” between maintaining trusted strong-tie contacts and making new, weak-tie contacts, it is far more likely the case that interest groups can pursue both strategies simultaneously (Carpenter, Esterling, and Lazer, 2003). Interest groups, in other words, could very well maintain existing contacts while pursuing new ones. In fact, implementing such a dual strategy would confer considerable informational advantages: groups would receive novel, but less reliable information as well as sometimes redundant, but wholly reliable information. - 104 - A second important amendment to Granovetter’s hypothesis is related to competition for information (Boorman, 1975; Carpenter, Estering, and Lazer, 2003). Granovetter’s argument is somewhat indifferent to the context in which groups make the decision to establish weak-tie or strong-tie networks. In fact, in a purely theoretical sense that brackets-off context-related considerations, all interest groups should prefer weak-tie networks to strong-tie networks all of the time. That is, all things being equal, groups should prefer novel information to redundant information. But information is a commodity that is subject to ebbs and flows, scarcity and abundance, and competition for information has an effect on interest groups’ preferences for certain networks. The problem is that, under circumstances of information scarcity and thus fierce competition, weak-tie connections become increasingly unreliable. Thus, as competition for information increases, trust becomes a greater concern, forcing groups to turn to reliable strong-tie networks (Carpenter, Esterling, and Lazer, 2003; Gray and Lowery, 1998). Conditions of Strong and Weak-tie Networks in the EU In the EU, where decision-makers trade legitimate access to the legislative process for timely, policy-relevant information, being well informed is critical. Given the potential informational advantage of weak-tie networks, it seems clear that interest groups that are able to capitalize on them also position themselves to be better informed than other groups. Interest groups that participate more frequently in weak-tie networks should receive more novel information than interest groups that participate more frequently in strong-tie networks. However, context matters and, while weak-ties provide the required network structure for the circulation of valuable, novel information, interest groups are not wholly free in their choice of networks. Thus, before - 105 - presenting survey results regarding which interest groups in the EU participate most frequently in which types of networks, it is prudent to first consider the EU-specific costs and benefits of both types of network. Conditions of Competition for Information As discussed above, competition for information can lead interest groups to prioritize the reliable, albeit largely redundant information gained through strong-tie networks. Competition increases the value of trust between close friends by exacerbating the unreliability of information gained from mere acquaintances. Importantly, most scholarly work on lobbying both in the EU and elsewhere assumes that relations among interest groups are invariably conflictual (Salisbury, Heinz, Laumann and Nelson, 1987; Schattschneider, 1960; Olson, 1982). Groups in the EU are considered “contestants” that necessarily adopt Machiavellian strategies toward one another and engage in a process much akin to “long drawn-out trench warfare” (Richardson and Coen, 2009; van Schendelen, 2005). But to what extent are these assumptions accurate with regard to how interest groups circulate information through networks? How competitive are groups with regard to information in the EU? Interviews with interest group representatives in Brussels paint a picture that is at odds with assumptions of fierce competition for information. In fact, most interest group representatives reject the notion of competition with other interest groups altogether, arguing instead that information in the EU circulates within a veritable “gift economy” – where valuable goods (here information) are not exchanged within a typical system of qui pro quo, but rather given without regard for debt, reimbursement or reward (see Mauss, 1950). In fact, Brussels nurtures “more of a sharing environment,” as one interest group representative explained, that is based on the rules and commitment - 106 - of “fair play.”63 “Sharing information is a way of building strength in networks. There is no advantage to being competitive or thinking competitively.”64 Moreover, “there is an unwritten law in Brussels that you share information because everybody is in a comparable situation.”65 In fact, it seems that those interest groups that buck the trend are only doing themselves harm. Ultimately, “they’ll learn that if you don’t share,” as another representative put it starkly, “you’ll be done very soon.”66 The only exception to free informational sharing is leaked and early information as well as contacts. Several interest group representatives indicated that, while most information flows freely among network members, more sensitive types of information as well as personal contacts (in particular with Commissioners, Council members and MEPs) are subject to considerable competition. “This is where the real competition is,” reported one interest group representative.67 What factors account for the near absence of competition for information in the EU? From interviews, two primary factors become clear: first, the EU’s own preferences for dealing with “representative” networks, and second, the overload and consequent devaluation of (some types of) information among interest groups in Brussels. The EU has a long-standing preference for interacting with networks of interest groups that are “representative” of an EU-position rather than individual positions (European Commission, 2001 & 2002; Greenwood and Halpin, 2007). The Commission, in particular, is a consensus-driven institution that actively seeks out networks that speak with a unified voice across a variety of policy areas, that represent as many member-states as possible and that present, especially for private sector groups, a so- 63 Interview, Maria Lozano Uriz, Delegacion del Gobierno de Navara en Brusselas, Brussels, 15/10/2009. Interview, official, Region Friuli Venezia Giulia, Brussels, 16/10/2009. 65 Interview, Dr. Volker Löwe, official, Das Büro des Landes Berlin bei der EU, Brussels, 28/10/2009. 66 Interview, official, Vertretung des Landes Niedersachsen bei der EU, Brussels, 20/10/2009. 67 Interview, official, West Midlands in Europe, Brussels, 14/10/2009. 64 - 107 - called “industry position.” As scholars from Mayhew (1974) to Kingdon (1995) to Esterling (2005) have shown, policy support can influence how decision-makers pass legislation. As such, interest groups can steer the legislative process by showing where the “bulk of support lies” for a particular policy as well as signalling to decision-makers that diverse interests have themselves worked out their differences on certain issues (Mahoney, 2007: 368; see also Hula, 1999). In a different way, however, by prioritizing representativeness in the networks it engages with, the EU is also able to affect the semblance of greater legitimacy (Greenwood, 2007: 343; Wonka et al., 2010: 465). Another part of the issue is simple efficiency. As one NGO representative explains: “Decision-makers don’t want to talk to 100 NGOs. They want to know what NGOs think together (…) They don’t really care who shows up, they want to speak one time, get the one position and that’s it.”68 But this priority of representativeness has a clear impact on the nature of competition among groups in the EU. According to one public authority representative, “competition is bad for generating a collective voice and this collective voice is necessary for being effective” at lobbying.69 Consequently, “information that is not shared,” according to another interest representative “is useless.”70 There is “no real advantage in having information and not sharing it. The value of it comes from sharing it.”71 As such, the EU’s prioritization of representativeness has come to affect the nature of competition for information in the EU. Competition for information in the EU is also affected by its availability. As discussed in the previous chapter, while decision-makers are short on policy-relevant information (thus explaining their reliance on interest groups), interest groups face an 68 Interview, Karen Schorh, PLAN, Brussels, 8/12/2009. Interview, Arjan Stoffels, Representative, Oost-Nederlandse Provinces, Brussels, 15/10/2009. 70 Interview, official, Regione Europea del Tirolo-Trentino-Alto / Südtirol, Brussels, 19/10/2009. 71 Interview, official, Daimler AG, Brussels, 7/10/2009. 69 - 108 - over-abundance of information in the EU. Many interest group representatives explain how they are “drowning in information”72 and how they even “have more information than (they) need.”73 Like any commodity, the value of information is reduced when it is in abundance. What is more, the decreased value also assuages competition. “If information wasn’t so available,” as one representative put it bluntly, “it would be more competitive.”74 Many interest group representatives relate the conditions of information overload to advances in technology. It is the “current society, the internet society,” as one representative notes, that “forces you to distribute information as much as possible.”75 “There may have been competition 20 years ago, but today information is available and easy to access and everyone can have it.”76 Technology, then, ensures that even the most private information will not stay private for long. While this clearly applies to formal information sources, like newspapers, it is less clear how it applies to informal information sources and leaked information. Nevertheless, insofar as interest groups “get brownie points for sharing information”77 that inevitably circulates among networks anyways, groups are quick to make private information public. Testing the Strength of Weak-ties Hypothesis in the EU Given the apparent lack of competition for information in the EU as well as the EU’s preference for network representativeness, we can assume that interest groups should be relatively free to pursue weak-tie network strategies. In fact, it seems as if the conditions in the EU are optimal for establishing weak-tie networks. To test these 72 Interview, Martin Andersen, Head of Office, Kalundborg EU-Office, Brussels, 13/10/2009. Interview, official, Bureau Alsace, Brussels, 22/10/2009. 74 Interview, Dr. Reinhard Boest, Informationsbüro des Landes Mecklenburg-Vorpommern bei der EU, Brussels, 19/10/2009. 75Interview, official, Generalitat de Catalunya. Delegación del Gobierno en Bruselas, 7/12/2009. 76 Interview, official, Vertretung des Landes Niedersachsen bei der EU, Brussels, 20/10/2009. 77 Interview, Martina Weitsch, official, Quaker Council for European Affairs, Brussels, 10/12/2009. 73 - 109 - assumptions we will need a way to measure the extent to which different types of interest groups in the EU participate in strong and weak-tie networks. This is no easy task, and it is one that is fraught with theoretical and methodological difficulties. Following the existing literature, there are three ways to approach the problem of assessing strong and weak-tie networks. First, I look at how interest groups allocate their time between either “maintaining their existing contacts” or “making new contacts.” Second I examine the reasons why interest groups interact with other groups in the first place. Is the motivation for participating in networks the pursuit of novel information, for example, or is it because network members have similar interests and goals? Third, I measure strong-tie and weak-tie networks through an examination of network structure: which interest groups participate in networks of predominately “like” members and which participate in networks of predominantly “unlike” members? A cumulative strong-tie and weak-tie score will also be calculated using the results from all three measures. In what follows I will first present the results from all three measures before discussing the findings in detail. Maintaining Existing Contacts v Making New Contacts A central element of establishing strong-tie networks and weak-tie networks is an impulse or attitude to either bunker down with trusted friends or reach out to mere acquaintances. Do interest groups, in other words, seek to maintain existing contacts or to make new ones? Arguably, it might be the case that, at the time of the survey, an interest group already has its weak-tie networks firmly in place and thus, maintaining contacts could indicate maintaining weak-tie contacts. However, this would be to reify the network concept. As noted above, networks are not just well established, formal, highly organised structures. To really measure weak-tie networks, we need to also allow - 110 - for networking as highly informal discussions and meetings – in other words, the simple interaction between actors. Talking about networking in this informal sense means understanding it in terms of two different impulses: first, the impulse to seek out and make new contacts, and second, the impulse to nurture and maintain the ones you already have. Importantly, this decision does not necessarily involve a trade-off between being in a position to receive reliable but largely redundant information or unreliable, largely novel information. Interest groups can very well pursue both impulses – both bunkering down with trusted friends and reaching out to mere acquaintances – simultaneously. To shed some light on this question, respondents were asked about the importance (measured on a scale of 1 to 5, with 1 being “not at all important” and 5 being “very important”) of “making new contacts” and “maintaining existing contacts.” The results are presented in Table 5, below. Table 5: Making New Contacts v Maintaining Existing Contacts (Frequency of individual responses with percentages in brackets.) Importance 1 (not at all important) 2 3 4 5 (very important) Making New Contacts 24 (8.08) 26 (8.75) 38 (12.79) 94 (31.65) 115 (38.72) Maintaining Existing Contacts 23 (7.77) 17 (5.74) 31 (10.47) 96 (32.43) 129 (43.58) Total Mean Standard deviation 297 (100) 3.84 1.25 296 (100) 3.98 1.21 The difference between the importance interest groups attribute to making new contacts and maintaining existing contacts is very small and the average responses vary only marginally. Perhaps the only notable difference is between those respondents that think maintaining existing contacts is “very important” (44%) and those who think that making new contacts is “very important” (39%). From these results it appear as if slightly more groups prioritize nurturing existing contacts with friends (strong-ties) - 111 - than establishing new contacts with acquaintances (weak-ties). Otherwise, there is no notable divergence in how groups allocate their time in these regards. It is, however, the lack of divergence that is the most interesting result. On the one hand, it reflects the fact that interest groups do not face an inscrutable trade-off between pursuing strong and weak-ties. Rather, groups can do both. On the other hand, it undermines our assumption that a lack of competition for information between interest groups in the EU should encourage groups to invariably seek out new contacts. This is clearly not the case. If anything, groups tend to prioritize, if only marginally, maintaining their existing contacts. Does this trend persist for all types of interest groups? Graph 4, below, provides an answer to this question by organizing the same data by interest group type. As we can see in Graph 4, the same marginal prioritization of maintaining existing contacts appears to persist across all six interest group types. Only consultancies attribute the same importance to both maintaining contacts and making new contacts. The difference between the two impulses is most pronounced for trade unions, where the average response for making new contacts is only 3.08 of 5 and the average for - 112 - maintaining contacts is 3.5 of 5. More importantly, there appears to be a correlation between making contacts and maintaining contacts. Stressing one tends to equate with stressing the other. Again, the implication here is that there is no trade-off between these two impulses. For instance, consultancies, placing the greatest amount of importance on making new contacts, also place the greatest amount of importance on maintaining existing contacts. Understood as an impulse that directs interest groups in their interactions, it seems as if both impulses can be nurtured simultaneously. The impulse to maintain contacts or make new contacts, however, is just one aspect of the strength of weak-tie hypothesis. The various reasons why interest groups choose the contacts they do as well as the number of weak-ties and strong-ties interest groups maintain is still to be assessed. Reasons for Interacting with Other Interest Groups Underlying interest group networks is the notion that network members bring something valuable to the table. This is the basis for resource-pooling explanations of network activity. But what reasons do interest groups have for establishing networks that facilitate the circulation of information between members? As discussed above, individual members who have many important and salient similarities constitute strong-tie networks. That is, members have similar interests and goals. These networks, although circulating redundant information, are thought to offer network members added trust and reliability. By contrast, weak-tie networks, although lacking in trust between members, offer novel information, ideas and contacts. What motivates interest groups in the EU to seek contact with other interest groups? Respondents were asked the following question: “How important are the following factors in determining with whom your organization interacts?” (importance is measured on a scale of 1 to 5, with 1 - 113 - being “not at all important” to 5 being “very important). They were given four options: we have similar interests and goals; they have new or novel ideas; they have information we don’t have; and, they have access to contacts we don’t have access to. The results are presented in Table 6, below. Table 6 Reasons for Contact with Other groups (Frequency of individual responses with percentages in brackets.) Importance We have similar interests and goals They have novel ideas 13 (4.85) 49 (18.28) 87 (32.46) 78 (29.10) 41 (15.30) They have information we don’t have 4 (1.49) 27 (10.07) 67 (25) 67 (36.19) 73 (27.24) They have contacts we don’t have 13 (4.81) 38 (14.07) 56 (20.74) 98 (36.30) 65 (24.07) 1 (not at all important) 2 3 4 5 (very important) 1 (.37) 5 (1.85) 35 (12.96) 74 (27.41) 155 (57.41) Total Mean Standard deviation 270 (100) 4.39 .81 268 (100) 3.31 1.08 268 (100) 3.77 1.00 270 (100) 3.60 1.13 There is a clear prioritization of interest groups making contacts based on shared similarities and goals in the EU. Fifty-seven percent of respondents think that this is a “very important” factor for determining their interactions with other groups. Indeed, the average response in this category was a very high 4.39 out of 5. Factors related to weaktie networks were not as important for most interest groups in the EU. Interactions offering new information and new contacts were markedly less important than those based on similar interests and goals. Twenty-seven percent of respondents think that new information is a “very important” factor for determining contacts and just 24% attribute the same importance to gaining new contacts. This latter result might reflect increased competition for valued contacts identified by interest group representatives interviewed for this project (discussed above). Only 15% of respondents think that network members offering new or novel ideas is “very important.” The reasons given for why interest groups interact with other interest groups seem to clearly favour strong-tie networks. In fact, the novel information, contacts and ideas that weak-tie networks offer - 114 - seem to be of little importance to most interest groups in the EU. Again, we are led to the following question: does this trend persist across all types of interest groups in the EU? Graph 5, below plots the same data organized according to interest group type. When we disaggregate the results by interest groups types we still see a clear priority for making contacts with other interest groups based on strong-tie factors, namely, similar interests and goals. In fact, all interest groups report average responses of at least 4 out of 5 for this factor. Clearly, having similar interests and goals is a very important consideration when making contacts for all interest groups in the EU. Reasons related to weak-ties are somewhat less important. Interactions based on the promise of new information, new contacts and novel ideas have average responses of about 3 out of 5. The most important weak-tie factor is receiving new information from network contacts. In particular, public authorities attribute the greatest amount of importance to this factor, with an average response of 4.13 out of 5. Access to new contacts and novel ideas are less important factors. As with the results for how interest groups allocate - 115 - their time between maintaining contacts and making new contacts, the results here appear to suggest that interest groups value some networks because of shared interests and goals and others because of the novel ideas, information and contacts they promise. Public authorities are the most prominent case in this sense, placing the greatest amount of importance on networks with similar ideas and goals, as well as those that offer new information and contacts. The above results provide substantial evidence that groups can pursue both strong-tie and weak-tie strategies simultaneously. They also show, however, a slight tendency of most interest groups in the EU to favour strong-tie network strategies. These results only really tell us about how interest groups allocate their time and the motivating factors that draw them into networking. We still need to examine network structure in order to get a better picture of how frequently interest groups interact with “like” groups and with “unlike” groups. Strong-Tie Networks v Weak-Tie Networks One of the central problems of assessing strong and weak-tie networks is operationalising the concept of “tie strength.” Granovetter’s famously nebulous definition is little help: “The strength of a tie,” he writes, “is a (probably linear) combination of the amount of time, the emotional intensity, the intimacy (mutual confiding), and the reciprocal services which characterize a tie” (1973: 1361). Unpacking this definition, there appear to be two different dimensions related to tie strength: (1) the character of the bond between individuals and (2) the frequency of interaction between individuals. Perhaps as a testament to Granovetter’s definition, scholars tend to disagree about which measure to use and even speak at cross-purposes with regard to the two dimensions of tie strength. Some scholars focus on the bond - 116 - characteristics between individuals in networks (Carpenter, Esterling, and Lazer, 1998; 2003; 2004; Rogers and Bhowmik, 1971; Liu and Duff, 1972) while others insist that frequency of interaction between network members best reflects tie strength (Freidkin, 1982; Hansen 1999; Levin and Cross, 2004). In the following analysis I will combine both dimensions. First, assessing bond characteristics translate as how “like” or “unlike” network members are. Strong-tie bonds, therefore, are evinced in the interaction between “like” members who share many preferences, interests and goals. Weak-tie bonds are evinced in the interaction between “unlike” members who are from different backgrounds, with difference preferences, interests and goals. For this analysis, a very simple measure of “like” and “unlike” is whether interest groups interact with their own “type” or with other “types” of interest groups. Hence, do companies interact with other companies or with public authorities and NGOs, for instance? But we still need a way to quantify interaction. The infrequent interaction of companies with NGOs, for instance, is not necessarily reflective of a weak-tie. Thus, frequency of interaction, the second dimension of tie strength, can be used to assess how strong these bonds are. Hence, the question is: how frequently do different interest groups interact with “like” interest groups and how frequently do they interact with “unlike” interest groups? Groups that interact frequently with a diverse array of “unlike” groups can be said to have “strong” weak-ties. Within the context of the online survey, respondents were asked how frequently (one a scale of 1 to 5, with 1 being “never” and 5 being “very often”) their organisation is in contact with the following eleven types of interest groups: NGOs / associations of NGOs; companies; professional associations; trade unions; law firms; public affairs consultancies; think-tanks; academic organisations; chambers of commerce; representatives of religions, churches, and communities of conviction; and associations of public authorities (like regions, cities, and municipalities). The mean scores for - 117 - frequency of interaction that all six types of interest groups have with a possible eleven potential network partners are presented in Table 7. Table 7 Strong-ties and Weak-ties in EU Interest Groups (Mean scores) Network Partners Consultancies NGOs Professional Associations Companies Trade Unions Public Authorities Laws firms Think Tanks Academic Organisations Chambers of Commerce Religious Organisations Consultancies NGOs 3 3.69 Professional Trade Public Associations Companies Unions Authorities 2.22 2.39 2.22 1.78 2 4.52 2.92 3.05 4 2.83 4.3 4.41 2.92 3 2.86 2.3 4.4 4.19 2.24 3.94 4.16 1.94 1.78 2.64 4.85 2.77 2.67 2.16 3.07 2.46 3.3 2.81 2.12 2.71 2.27 2.39 2.41 2.88 2.16 2.5 2.23 2.07 2.35 4.58 1.32 2.51 2.69 3.01 2.58 2.41 2.5 2.58 2.69 2 2.12 2.27 1.71 2.5 1.3 1.84 1.29 1.27 1.5 1.13 Notably, most interest groups in the EU tend to interact most frequently with “like” groups. NGOs, for example, tend to interact most frequently with other NGOs, companies with companies, professional associations with professional associations, and so forth. Even interest groups that have rather frequent interactions with an array of “unlike” groups, as is the case for NGOs, nonetheless have far more frequent contacts with “like” groups. Importantly, the only exception is consultancies, which maintain much more frequent contact with a diverse array of “unlike” groups and thus can be said to participate in a considerable number of weak-tie networks. By contrast, public authorities interact only very rarely with “unlike” groups, indicating their tendency to participate frequently in strong-tie networks. A more complete picture of the weak-tie and strong-tie networks in which different interest groups in the EU participate can be obtained by combining the results from the three different tests above. A cumulative weak-tie and strong-tie score for all - 118 - six types of interest groups is presented in Graph 6, below. Weak-ties are the sum of “making new contacts,” the importance of interactions based on them having “new and novel ideas,” “information we don’t have” and “contacts we don’t have” as well as the frequency with which various interest groups interact with “unlike” groups. Strong-ties are the sum of “maintaining existing contacts,” the importance of interactions based on having “similar interests and goals,” as well as the frequency of interaction with “like” groups. The cumulative weak-tie and strong-ties scores presented in Graph 6 above reflect the results in Table 7. Most interest groups have very low weak-tie scores, averaging an importance of 2.8 where 1 is not at all important and 5 is very important. By contrast the strong-tie scores are much higher, with an average mean score of about 4.5. It appears that, despite a lack of competition for information and the EU’s preference for network representativeness – two factors that should encourage weak-tie networks – there is a marked tendency in the EU for interest groups to participate more frequently in strong-tie networks. - 119 - Explaining the Results Data from the empirical tests, above, present evidence that interest groups are not limited to pursuing either strong-tie or weak-tie strategies. A strategy of making new contacts and pursuing new ideas, information and contacts can be coupled with a strategy for maintaining existing contacts with like-minded members. Indeed, it appears as if most interest groups in the EU, in particular NGOs and to a lesser extent companies, professional associations and trade unions, place considerable emphasis on both strategies. Nonetheless, the same data does suggest that most interest groups participate more frequently in strong-tie networks. The strength of strong-ties appears to trump the strength of weak-ties in the EU. Importantly, this tendency supports similar findings in the US context. Heinz et al.’s seminal study of Washington lobbyists, for instance, found that the most important variable explaining network membership is organisational type. More specifically, groups have a distinct tendency to form “homogenous networks” with groups that are similar to their own (1993: 181). Carpenter, Esterling and Laser (2003), using social network analysis, also found that network membership among American interest groups is predominantly based on social trust: “groups tend to seek information from others they can trust in order to develop a coherent interpretation of policy” (226). While supporting evidence from the US context, the results presented here raise several questions specific to interest group networking in the EU. First, how can we explain the prevalence of strong-tie networks despite the apparent lack of competition for information between interest groups and the EU’s preference for network representativeness (both factors that should encourage weak-tie networks)? Second, do interest groups pursuing weak-tie networks reap any sort of informational advantage - 120 - like the receipt of new and novel information from diverse network members? By the same token, do strong-tie networks perhaps offer their own informational advantages in the form of largely redundant but nonetheless reliable and accurate information? The survey results can only take us so far in examining the reasons interest groups participate in strong and weak-ties networks. To answer these questions, therefore, we need to take a closer look at how different interest groups in the EU pursue weak-tie and strong-tie strategies. In what follows I will consider NGOs, public authorities and consultancies. The selection of these cases is predicated on the cumulative strong-tie and weak-tie scores presented in Graph 6. NGOs present an interesting case where both strong-tie and weak-tie networks appear to be pursued in tandem. Public authorities, by contrast, rarely participate in weak-tie networks but have very frequent interactions in strong-tie networks. Finally, consultancies have the highest weak-tie score and the lowest strong-tie score. Additionally, consultancies deserve further attention insofar as their interaction patterns are primarily a function of their role as information brokers for a diverse array of different types of interest groups. NGOs NGOs, according to the data presented above, have rather frequent contact with a diverse array of ‘unlike’ interest groups, most predominately academic organisations, professional associations, companies, public authorities and even trade unions, as well as frequent interaction with other NGOs. In other words, NGOs appear to more or less equally pursue both strong-tie and weak-tie strategies. To what extent do NGOs reap the informational advantages associated with weak-tie networks? Further, how do their equally important strong-ties affect information sharing? - 121 - NGO participation in weak-tie networks cannot be explained in terms of resource pooling. Typically resource-poor, NGOs have little to bring to the table that would be immediately useful to resource-rich private interest groups, like companies and professional associations, for example. What NGOs do offer, however, is legitimacy: NGOs have the support of a diffuse sub-section of the population on a broad range of policy issues. Take, for example, the recently formed “Ad hoc Expert Group on Promoting Equality in Employment,” that brought together ENAR, an anti-discrimination NGO, with well-known companies like IBM, L’Oreal and Adecco. According to an ENAR representative, the main benefit of this network is “added visibility,” “being seen as a serious NGO” and taking advantage of the superior information and research capabilities of the private interest group members.78 But when asked what the same private interests take from networking with ENAR, the story was much different. For private interests, networking with NGOs is a matter of affecting the semblance of “corporate social responsibility.” They “need to save face, to get a better image of their work and to show that they are doing a lot internally on diversity management.”79 This same legitimacy is hard-won without NGOs. Exchanging a rather intangible good like legitimacy for a place in a weak-tie network has its shortcomings. Importantly, with little else to offer beyond legitimacy, NGOs are commonly viewed as second-order network members. A representative from Eurogroup for Animals put it succinctly: it is not only “always quite difficult” to network with private interest groups, but these same private-sector interest groups have a tendency to “demonize” NGOs, sometimes even characterizing them as “extremists.”80 A trade union representative offered a less hyperbolic but equally telling insight. NGOs 78 Interview, Juliana Wahlgren, Networking and Campaigns Officer, ENAR, Brussels, 18/11/2010. Interview, Juliana Wahlgren, Networking and Campaigns Officer, ENAR, Brussels, 18/11/2010. 80 Interview, Martyn Griffiths, Executive Officer, Eurogroup for Animals, Brussels, 15/11/2010. 79 - 122 - “are not working in the same manner that we are working in. We are working in a more structured, planned way. When you’re working with NGOs you never know who’s there. It might be people you don’t even know or maybe something big has changed in the NGO.”81 With the value of network members contingent on each member bringing something valuable to the table, these common negative perceptions of NGOs would certainly restrict information sharing within weak-tie networks. While we might expect these weak-tie networks to afford NGOs some informational advantages – they are, after all receiving information from a whole host of diverse and well-resourced interest groups – their second-order status has the potential to seriously limit the expected informational benefits of weak-ties. NGOs, while boasting a high weak-tie score, nevertheless tend to interact most frequently with other NGOs. Unlike weak-tie networks, NGO strong-tie networks owe much of their existence to the benefits of resource pooling. Equally important, however, is the EU’s preference for dealing with NGO networks that demonstrate a certain degree of representativeness. For NGOs networks, this means two things: first, coverage across as many Member States as possible, and second, coverage across as many issue areas as possible. The result is the type of mega-network of NGOs that is most common in Brussels. Social Platform, for instance, a mega-network association with members representing millions of citizens, advocating nothing less than “the advancement of the principles of equality, solidarity, non-discrimination and the promotion of fundamental rights,” can clearly boast wide coverage across many EU Member States as well as large sub-sections of the EU population. Concord, another typical NGO mega-network, represents no less than 16,000 NGOs on issues ranging from AIDS in Africa to environmental issues in the Arctic as well as gender issues and trade. Given the size and 81 Martin Romer, General Secretary, ETUCE (European Trade Union Committee for Education), Brussels, 17/11/2010. - 123 - scope of these mega-networks, it is perhaps not too much of an exaggeration to say, as one NGO representative put it, that they “cover the whole world.”82 These mega-networks of NGOs seem to stretch the definition and usefulness of the strong-ties concept. These are clearly not tight-knit, small networks with shared aims, interests and goals. Nonetheless, these are still networks of “like” groups and do correspond in at least this one important way to strong-tie networks. Further, these networks, as Granovetter predicts, seem to only circulate largely redundant information. But rather than similarity of group type and aims, it is network “representativeness” that limits the ability of these networks to circulate useful, novel information. A few examples will help explain this point. NGO strong-tie networks, like Concord and Social Platform, are broad in scope primarily because these adhere to the EU’s own preference for network representativeness. For Culture Action Europe, a Brussels-based NGO, the result is that information circulated within these strong-tie networks “is extremely broad. It focuses on overarching issues that might be of interest to the whole NGO sector but that is just too general to be useful.”83 Furthermore, these networks serve more as information depositories than information exchange hubs, with each network member providing expert information on their own topic but benefiting little from the information provided by others. The broad focus of these networks means very little substantial overlap between network members’ interests. The only information that an individual member would find relevant is the information they have themselves provided. As the ENAR representative put it succinctly: “If (the networks) have information, we already 82 83 Interview, Vincent Forest, Head of European Union Office, Front Line, Brussels, 7/12/2009. Interview, Illona Kish, Secretary General, Culture Action Europe, Brussels, 15/11/2009. - 124 - know it.”84 Information in these strong-tie NGO networks is, as Granovetter’s theory suggests, largely redundant. Exacerbating the problems related to the diffuse interests of NGO network members in strong-tie networks are important internal collective action problems. NGOs face serious problems cooperating within their networks. Geyer (2001) and Warleigh (2001) found evidence in separate analyses of “clear antagonisms” between members of NGO networks, with divisions based on differences in resources and interests creating clear distinctions between so-called “in” and “out” groups. Large, wellfunded NGOs have little reason to put time and effort into helping smaller NGOs, just as smaller NGOs “fear that cooperation with a larger (NGO) would merely overwhelm their own activities”(Geyer, 2001: 480). Clearly, these barriers to cooperation would undercut the benefits of trust that we associate with strong-tie networks. As such, the very broad and even relatively useless information shared in NGO networks also seems to lack a dimension of trust and reliability that is thought to naturally accompany information flow through strong-tie networks. Information that is already irrelevant and useless seems to also be unreliable. Public Authorities Public authorities (sub-state actors like cities, municipalities and regions), according to Graph 6 above, have the second lowest weak-tie network scores. The frequency with which public authorities interact with other public authorities is far higher than with any other type of interest group. What is more, public authorities stress the importance of sharing interests and goals with network members more so than any other interest group type under consideration in this study. How can we explain this 84 Interview, Juliana Wahlgren, Networking and Campaigns Officer, ENAR, Brussels, 18/11/2010. - 125 - proclivity for strong-tie networks? Further, do public authorities reap the benefits of reliable and trustworthy information that presumably accompany strong-tie networks? The tendency for public authorities to frequently interact with other public authorities and only rarely with other types of interest groups is the result of three factors: substantial EU funding made available to public authorities; the unique nature and scope of representativeness for public authority networks, and the existence of the Committee of the Regions. EU funding has long been a major draw for public authorities in Brussels. The introduction of Regional Policy in the 1980s, a large-scale redistributive strategy aimed exclusively at EU regions, cities and municipalities, compelled many public authorities to establish representations in Brussels in order to steer the redistributive process (Huysseune and Jans, 2008; Jeffrey, 1997; Mazey, 1995). “While you’re over there in Brussels,” so the idea goes, “get us a grant”(Laffan, 1989). In addition to the funds available for individual public authorities, the EU has also made a substantial amount of funding available for public authority networks. INTERREG and more recently EGTC (European Grouping for Territorial Cooperation), both components of Regional Policy, go a great distance in promoting cross-border, transnational and interregional cooperation. In short, both initiatives provide considerable funding for projects that not only involve several regions, cities and municipalities, but also ones from as many Member States as possible. The draw of EU funds and the requirement to network with other sub-state actors affects the nature of representativeness for public authorities. While representativeness for NGOs relate to both coverage in Member States and across issue areas, for public authorities it is only the former. That is, coverage across Member States facilitated by sub-state cooperation becomes more important than coverage across - 126 - many issue areas. This is clearly evident in the type of networks that public authorities participate in. While the bases for networks of public authorities can be very broad and defined by national and sub-state level constitutional competencies (as is the case for REGLEG, Regions with Legislative Powers), most public authority networks are defined geographically. The EU’s preference for coverage across many states evinced through cross-boarder cooperation has clearly left its mark on these networks. The Alps-Adriatic Working Group, the European Association of Elected Representatives from Mountain Areas, the Baltic Sea Group, the Alliance of Maritime Regional Interests in Europe, the Conference of Peripheral and Maritime Regions, and the Working Community of the Pyrenees are just a few typical example. Importantly, all of these networks turn on issues of interregional cooperation and reserve exclusive membership for public authorities. Strong-tie networks among public authorities lack diversity in membership because of the strong incentives to network with other pubic authorities. The existence of the Committee of the Regions (CoR) also helps explain why public authorities tend to pursue strong-tie networking strategies. Again, EU funding is a central factor. CoR, along with the European Economic and Social Committee (EESC), represent the only two official EU consultative bodies at the European level. The idea is to provide a direct channel for the representation of sub-state interests to the main EU decision-making institutions. While many scholars have questioned the power of the CoR, the Commission is nonetheless mandated to consult with this consultative institution on all relevant legislation. Further, CoR, representing the interests of over 344 regions, cities and municipalities to the EU, has an impressive critical mass of substate-level actors. What is more important here, however, is how CoR functions: rather than looking outward to encourage interactions with a broad array of other types of interest groups, it fosters networks exclusively with other public authorities. This is - 127 - clear in its mandate for promoting regional cooperation through the INTEREG and EGTC funding mechanisms. In fact, CoR provides assistance in putting networks together, providing information on upcoming calls for tender and even facilitating the exchange of best practices between its members. By focusing on funding opportunities that stress networks of sub-state actors with (exclusively) other sub-state actors, CoR helps reinforce the tendency for public authorities to pursue strong-tie strategies. What is more, public authorities face few incentives to branch out and network with a diverse array of “unlike” groups. Do these strong-tie strategies provide public authorities with informational advantages like added trust and reliability? Evidence from interviews suggests that they in fact do. “The regional world,” according to the director of the Delegación de la Junta de Andalucia en Bruselas, “is marked by a cooperative approach.”85 For many public authorities, there is “too much information”86 and early information or leaked information gets freely passed around between representatives from other public authorities. As such, competition for this information is very low. Trust among network members is also important. For the West Midlands office, for instance, most “contacts are also friends. You get more information from them. We get lots of information about (EU) funding programmes from these people because they trust us and we trust them. So the trust relationship is what we always work on.”87 Strong-ties, despite being weak in terms of transmitting novel and new information, have the benefit of providing network members with reliable information. Trust within strong-tie networks ensures that information that is passed along has been checked and double-checked and is, therefore, reliable. 85 Interview, Nicolas Cuesta Santiago, official, Delegación de la Junta de Andalucia en Bruselas, Brussels, 19/10/2009. 86 Interview, official, Vertretung des Landes Niedersachsen bei der EU, Brussels, 20/10/2009. 87 Interview, official, West Midlands in Europe, Brussels, 14/10/2009. - 128 - Consultancies The data presented here show that consultancies are unique among interest groups in the extent to which they pursue weak-tie network strategies. They have the highest weak-tie score as well as the lowest strong-tie score, as presented in Graph 6, and relatively high scores for stressing involvement in networks that circulate new ideas, information and contacts. Importantly, these finding appear to be consistent with Lahusen’s earlier, but much more general survey (2002) that also found that consultancies tend to interact with a diverse array of other interest groups, ranging from companies, public authorities, think tanks, professional associations and NGOs. How can we explain the tendency for consultancies to participate in weak-tie networks? Further, do these weak-tie networks indicate that consultancies enjoy informational advantages like the circulation of new and novel ideas between network members? Consultancies differ from all other interest group types in that they do not have their own interests. They are more like guns for hire, carrying out a series of related lobbying activities for clients (namely, other interest groups). Competition for clients makes interaction among consultancies rather difficult. “We are direct competitors,” explains a representative from FD Blueprint, a Brussels-based consultancy, “networking with other consultancies is tricky to say the least.”88 Thus, there are not only few incentives but also considerable disincentives for establishing strong-tie networks of consultancies. An exception to this rule is EPAC, the European Public Affairs Consultancies’ Association. Importantly, however, this network of “like” groups does not function as a strong-tie network. First, its aim is not to represent the interests of consultancies to the EU but rather to simply reinforce an independent shared code of 88 Interview, Kerstin Duhme, Director, FD Blueprint, Brussels, 16/11/2010. - 129 - conduct among consultancies. Second, there is little if any information sharing in this network, and trust levels are compromised by the general climate of competition among members. The fact that consultancies do not have their own interests does not make the concept of network representativeness irrelevant. Representativeness has an important effect on information sharing in weak-tie networks. Without their own interests guiding their lobbying activities, consultancies find themselves in the unique position to facilitate representativeness in networks that bring together their clients. What is more, the EU’s preference for dealing with representative networks compels individual interest groups to seek the services of consultancies: there is, to speak with one consultancy representative, “more clout if you can speak on behalf of an industry coalition.”89 For instance, Europen (The European Organisation for Packaging and the Environment) a professional association based in Brussels, engaged a consultancy to organize its “Stakeholder Outreach Program,” with the purpose of putting it “in touch with the right partners, including green groups, environmental NGOs, officials, industry people, and also from some of the other agencies.”90 By the same token, FD BluePrint capitalizes on the value of representative networks by hosting its own BluePrint Breakfast Clubs. Essentially, a type of informal roundtable, FD BluePrint moderates what a representative describes as a “respectful, controversial and open debate” between NGOs and industry representatives.91 Consultancies are well positioned to act as facilitators of representative networks in part because they face few networking challenges. This is the result of the type of professional lobbying service they provide their members and their increasing 89 Interview, Timo Schubert, Associate Director, ADS Insight, Brussels, 17/11/2010. Interview, Julian Carroll, Managing Director, Europen (The European Organisation for Packaging and the Environment), Brussels, 17/11/2010. 91 Interview, Kerstin Duhme, Director, FD Blueprint, Brussels, 16/11/2010. 90 - 130 - importance in a changing EU political environment. The expanding complexities of EU law, the ever-changing nature of EU treaties, the extension of EU competencies into new policy areas and the EU’s slow expansion to new Member States creates a need for the services that consultancies offer. As Lahusen puts it: “the need for technical support is thus one of the main reasons for the success of consultancies” in the EU (2002: 709). As a consequence, more and more interest groups, from companies to NGOs to public authorities, seek out these services, marking the “professionalization of lobbying” in the EU and elsewhere (Lahusen, 2002; Maloney, 2009). The result is the extensive and diverse weak-tie networks that seem to centre on consultancies. It is perhaps little wonder that a consultancy representative finds that networking is “easier for us than for an individual association because we have good relationships with all of those associations. This is the strategic advantage of consultancies.”92 Facilitating representativeness in networks also means that consultancies effectively act as “central hubs” of extremely diverse interest group networks that disseminate new information, contacts and ideas. But consultancies are far more than just neutral conduits through which this information flows. Rather, as we saw in the previous chapter, a large part of their job is make this information use-friendly, to translate it into context-specific terms and to assess it with reference to their own political expertise. The fact that they do not represent their own interests also suggests that consultancies can do these things without a separate and potentially antagonistic agenda. Information sharing within these networks is therefore free and unbiased. Competition for information among network members is diminished by the exigency to form representative networks. Information sharing is the first crucial step in finding the right members for an issue-driven coalition, for example, as well as developing 92 Interview, Timo Schubert, Associate Director, ADS Insight, Brussels, 17/11/2010. - 131 - compelling joint decision papers and for securing meetings with decision-makers. In a very important way, the real strength of the weak-tie networks that consultancies foster is the dissemination of novel information, ideas and contact. Consultancies, in other words, bear out Granovetter’s strength of weak-ties hypothesis. Conclusion The preceding sections have provided considerable evidence that interest groups in the EU place more emphasis on strong-tie network strategies than weak-tie network strategies. First, interest groups tend to stress maintaining existing contacts more than making new ones. What is more, group interaction in networks is based mostly on network members having similar interests and goals rather than on the promise of novel ideas, new information and new contacts. Lastly, most interest groups in the EU tend to belong to strong-tie networks rather than weak-tie networks. That is, most interest groups in the EU interact most frequently with “like” groups, and interaction with “unlike” groups (and especially a diverse array of unlike groups) is infrequent and rare. In the EU, then, strong-ties seem to trump weak-ties. How can we explain these results given the lack of competition for information in the EU and the EU’s own preferences for representative networks? These conditions, as discussed above, should be ideal for establishing weak-tie networks. Being well informed in a situation where decision-makers are starved for timely information would even seem to necessitate weak-tie networks. The results are simply counter-intuitive. Brief case studies focusing separately on NGOs, consultancies and public authorities help explain these results. In general, the conditions of information competition as well as the nature and scope of network representativeness differ among interest group types. NGOs suffer from a second-order status in their weak-tie networks, thus severely - 132 - limiting information sharing among network members. NGO strong-tie networks fail to provide reliable albeit redundant information among network members sharing few interests and there are significant antagonisms among members based on differences in resources. Public authorities, by contrast, present a case where, first, there are considerable incentives for participating in strong-tie networks and, second, where trust facilitates information circulation within these networks. Lastly, the results for consultancies present a strong case for the strength of weak-ties hypothesis. Consultancies facilitate the creation of representative networks with a multitude of diverse interest groups thus enabling the sharing of new and novel information, contacts and ideas. Taken together, these brief case studies of NGOs, public authorities and consultancies suggest that the strength and importance of both strong-ties and weakties is largely dependent on interest group type, on competition for information among network members, and on how different groups face different networking incentives provided by the EU’s preferences for network representativeness. - 133 - CHAPTER 6 INFORMATION TRANSPARENCY: INTEREST GROUP PROBITY AND DISHONESTY IN INFORMATION PROVISION Lobbying in the EU sees well-informed interest groups providing policy-relevant information to decision-makers in exchange for legitimate access to the policymaking process. The preceding chapters have examined how interest groups keep up-to-date on EU activities in order to anticipate the informational needs of decision-makers as well as the role that interest group networks play in this process. We are now ready to consider the process of how interest groups provide information to decision-makers. But before we examine the types of information groups provide and the various tactics they use to do so, the point of focus on the next chapter, we need to first examine the basic conditions under which information is provided to decision-makers. The central concern here is the extent to which decision-makers receive complete and accurate information rather than incomplete, inaccurate, and even erroneous information from interest groups. A few guiding questions follow. Can the information provision process be characterized as open and transparent, or do interest groups behave in an opaque and even dishonest manner? To what extent can decision-makers verify the information they receive from interest groups and what strategies do they have for doing so? Further, how effective and necessary are these measures in the EU? These questions also touch on the central assumption made in the present study about the nature of lobbying in the EU. Namely, that interest groups in the EU tend to lobby friends, not foes, providing information to support decision-makers rather than in an effort to change their minds. Lobbying friendly decision-makers not only implies a more open and transparent process of information provision, but it also suggests that - 134 - decision-makers should face fewer issues with information verification. By contrast, decision-makers who are seen as foes can be less certain about the accuracy and completeness of the information they receive and thus must implement costly oversight, monitoring and verification procedures. In this sense, this chapter presents an opportunity to put the main assumption of this analysis to the test. Interest group probity and dishonesty also reflects to interest group influence in the EU. Rampant dishonesty places considerable strain on the information transmission process, forcing decision-makers to implement costly oversight, monitoring, and verification procedures and creating a general sense of mistrust and uncertainty in the interactions of interest groups and decision-makers. Information transmission under open and transparent conditions, where groups act in an honest manner and provide complete and accurate information, nurtures a sense of trust and reliability between interest groups and decision-makers. Decision-makers would turn to trusted interest groups for their information input more readily than to those groups they do not trust. There is an inherent difficulty in empirically assessing interest group probity and dishonesty with regard to information provision. The issue is sensitive and does not lend itself well to empirical analysis using surveys and interviews. Nevertheless, we can get a good sense of the conditions underpinning the information provision process by focusing on two factors: first, the nature of the relationship between interest groups and decision-makers and how this encourages probity and/or dishonesty; second, the formal and informal institutional constraints that work to limit dishonesty and that encourage probity in the EU. The main finding is that interest group dishonesty in the EU is very uncommon. Interest groups, in other words, tend to provide decision-makers with complete and accurate information in a transparent and open manner. Interest group dishonesty is constrained by an extensive, multi-layered system of oversight and - 135 - monitoring that adds a prohibitive exogenous cost to dishonest behaviour. In addition, probity is fostered by the nature of the relationship that most interest groups have with EU decision-makers: lobbying to support friends rather than to change the minds of foes. This chapter proceeds as follows. The first section places the question of interest group dishonesty in the context of the existing scholarly research and examines the conditions that determine interest group dishonesty and probity. I then examine dissembling in the EU context specifically. This is, to a large extent, uncharted territory. Thus, the insights garnered from the existing literature, mostly based on lobbying in the American context, are reconciled with the specifics of lobbying in the EU. What follows is a presentation and discussion of the results of empirical analyses which addresses the question of interest group dishonesty and probity in three ways: first, in terms of the nature of lobbying in the EU (whether interest groups tend to lobby friends or foes); second, EU decision-maker perceptions of interest group dishonesty and probity; and third, EU interest group perceptions of the need for, and effectiveness of, EU oversight and monitoring procedures. Conditions of Probity and Dishonesty Interest groups have long been saddled by decidedly negative assessments of their lobbying behaviour -- they are treated as notoriously dishonest, deceptive and lacking in transparency. This assumption is deeply rooted in the interest group literature. It reaches back to the likes of Rousseau and Madison and is taken up more recently in the seminal works of Marcur Olson, E. E. Schattschneider, Theodore Lowi, and Gary Becker. In essence, interest groups are routinely, if not necessarily, seen as undermining the basic fabric of democracy and threatening economic prosperity. The dominance of this tradition has even left its mark on studies of how interest groups - 136 - lobby by providing information to decision-makers. Studies of informational lobbying are primarily US-based and draw heavily on formal modelling techniques, casting the information provision process in excessively rigid, abstract terms. Almost invariably, the information provision process begins with the assumption that interest groups “dissemble” – that they provide incomplete, inaccurate, and even erroneous information to decision-makers (Potters and van Winden, 1992). Indeed, scholars assessing the information provision process tend to make dissembling the near default position of all interest groups all of the time (for example, Milbrath, 1963; Berry, 1977; Grossman and Helpman, 2001). Thus, formal models of information provision operate under the strict conditions of a “cheap talk game:” decision-makers cannot verify the accuracy of the information they receive and there are no added costs for interest groups to send inaccurate, biased or erroneous information (Grossman and Helpman, 2001; AustenSmith, 1993). Faced with a situation where all interest groups are potentially sending erroneous or incomplete information all the time, decision-makers must necessarily rely on oversight and monitoring activities to ensure information accuracy and to encourage interest group probity. Controlling dissembling and dishonesty generally requires exogenous constraints backed up by credible and known rewards and/or penalties. While this can refer to a whole host of informal activities like shaming and praising techniques, it takes its most concrete form as lobbying codes of conduct, lobbyist registries and systems of lobbyist accreditation. Both are meant to influence interest group lobbying activities in general and inform how interest groups interact with decision-makers more specifically. Extant research on dissembling deterrence through oversight activities commonly begins with a basic “principal-agent” arrangement, where oversight is the natural purview of decision-makers (Ainsworth, 1993). That is, decision- - 137 - makers are tasked with the job of evaluating the veracity of the information they receive from interest groups. Importantly, while efficient oversight can be an effective deterrent to dissembling, it is also prohibitively costly. This is a particular concern in the EU where decision-makers who are already short on time and resources are doubly hard pressed to implement any kind of thorough and efficient scrutiny and verification of the information they receive from (sometimes a multitude of) interest groups. Given these conditions, a central concern for decision-makers is reducing the costs and effectiveness of their oversight and monitoring procedures. At one level, this means tweaking oversight instruments and codes of conduct. At another level, however, the costs of information verification are radically affected by the nature of the relationship between interest groups and decision-makers. Importantly, to whom interest groups provide information and why they do so has the potential to undercut the costs of information verification and assuage concerns of dishonesty and dissembling. The costs of verifying information depend largely on the degree to which the preferences of interest groups and decision-makers converge or diverge. This brings us back to issues of lobbying friends and foes. When preferences converge then interest groups and decision-makers are said to favour the same specific, policy outcome. The policy-relevant information that interest groups provide these friendly decision-makers, then, functions as a type of informational support in the form of a legislative subsidy helping to actualize a desired policy outcome (Hall and Deardorff, 2006; Potters and van Winden, 1992). When preferences diverge, however, then decision-makers and interest groups necessarily favour different policy outcomes. In this case, interest groups are understood as providing information to unfriendly decision-makers not to support them but rather to change their minds (Austen-Smith, 1993; Grossman and Helpman, 2001). It is important, however, that while interest groups still have an incentive to provide - 138 - information to foes, they do so in a way that is most sympathetic to their own favoured outcome. This brings us back to issues of information verification. Grossman and Helpman make the point succinctly: if policymakers had exactly the same objectives as the lobbyists, then the costliness of verification would pose no problem (…) Whenever a policymaker has even a slightly different objective than (an interest group), she must guard herself against exaggeration and misrepresentation by the lobbyists (2001: 105). Thus, interest groups providing information to support friendly decision-makers not only makes dishonesty and dissembling less of an issue, but it also undercuts the costs of information verification. Similarly, when interest groups provide information in order to change the minds of decision-makers, this is more likely to encourage dishonesty and dissembling and thus increase the costs of information verification. Conditions of Dissembling in the EU In contrast to the abundant empirical research on informational lobbying in the US, related EU research is scant (Mahoney, 2008: 112). Issues of corruption and bribery, more generally speaking (and with regard to politicians and big business), have been compellingly linked to the increasingly complexity of EU law and its liberal market structures (Warner, 2007). The little work that examines similar issues with specific reference to interest groups tends to draw on the US-based formal modelling research. As with the American literature, parsimony trumps accuracy. For instance, Crombez (2002), assuming the conditions of a cheap talk game, argues that there are no important restrictions on interest group dissembling in the EU. In an investigation of differences in the number of interest groups active in various EU policy areas, Broscheid and Coen make a similar assumption and posit “babbling,” a form of dissembling, as the default position of interest groups. “Instead of providing useful information to decision- 139 - makers” interest groups “present a biased view on issues, reflecting their commonly known position” (2007: 350). Some scholars, however, are sceptical about transporting these models across the Atlantic. Eising, for instance, in a study of the Commission, rules out dissembling altogether. Decision-makers in the Commission, he explains, “have recourse to several sources of information” in addition to interest organisations; international organisations, Member State administrations and independent scientific experts also provide policy-relevant details. “The incentives of actors to withhold or manipulate information are reduced by this broad variety of sources” (2007a: 336; see also Lehman, 2009). More generally, Mahoney (2008) has argued that the question of targeting friends or foes is not applicable in the EU context. EU decision-making institutions, she suggests, simply do not afford interests with enough flexibility to make this question relevant. In order to make sense of these conflicting reports, it is important to combine insights from the formal modelling research with the realities of policymaking in the EU. What mechanisms in the EU limit interest group dishonesty? How are interactions between interest groups and EU decision-makers institutionalized and how does this limit dishonesty and dissembling? Only by taking these points into consideration will we get a more complete picture of interest groups’ dishonesty and probity in the EU. EU Institutional Constraints on Dissembling As noted above, the scant scholarly work that does address the issue of interest group dishonesty and dissembling in the EU invariably begins with the conditions of a “cheap talk” game: interest groups indiscriminately dissemble and decision-makers have little control over these practices (Crombez, 2002; Broscheid and Coen, 2007). While it - 140 - is acknowledged that oversight activities can be useful deterrents to dissembling, they are seen as far too costly to implement in an effective and reliable manner. This assumption does not hold, however, as we move beyond the abstractions of formal modelling. EU decision-makers employ a series of far-reaching oversight and monitoring procedures that considerably increase the costs of interest group dissembling and help decision-makers verify information. Indeed, EU decision-makers have increasingly sought to expand their purview with regard to regulating their interactions with interest groups over the last few decades. While the Council has committed itself to enforcing greater transparency in its dealing with interest groups, in particular through its transparency initiative in the 1990’s that brought TV streaming into Council meetings (Hayes-Renshaw, 2009: 73), the most important institutional constraints are found in the Parliament and the Commission. I will briefly discuss each in turn. The Parliament was the first of the EU decision-making institutions to address the issue of interest group dishonesty directly. As the powers of the Parliament increased with each subsequent EU treaty reform since 1979, the number of interest groups targeting the Parliament also rose dramatically. MEPs began to notice apparently obtrusive lobbying behaviour, infringements on the democratic process and even cases of unethical behaviour like stealing and selling EU documents (McLaughlin and Greenwood, 1995: 144). Following the Galle Report in 1991, the Parliament introduced two regulations that are still in place today. First, the Parliament implemented a formal accreditation system that required all interest groups lobbying in the Parliament to be listed on a public registry and noticeably display a “pass” when in the Parliament buildings. Second, the Parliament introduced a mandatory code of conduct to be followed by all interest groups listed on the public registry (European Parliament, 2009). This code of conduct commits groups to refrain from obtaining EU documents - 141 - dishonestly and from circulating them for profit. Groups must also disclose their interests or the interests of their clients to the MEPs they speak with and must not claim any formal relationship with the Parliament and its MEPs in any dealings with third parties (Ibid). The Commission also enforces stringent regulations in its interaction with interest groups. In fact, it was the Commission’s impetus, stemming from the 1993 Treaty Establishing the European Union (TEU), to increase the scope of its consultation procedures that has slowly led to a corresponding demand to increase its various monitoring and oversight activities. Thus, as in the Parliament, an increase in the number of lobbyists has led to subsequent regulations about how interest groups should comport themselves with decision-makers during the policymaking process. The Commission, therefore, also established a public registry of interest groups, first with the now defunct “CONNECS” (Commission Registry of Civil Society Organizations) in 1993 and more recently in 2008 with the much more ambitious online “European Commission Register of Interest Representatives.” The new Register also introduced a mandatory code of conduct for all who register. Although the Register itself is voluntary, it nonetheless has the capacity to induce interest group compliance by providing two specific incentives. First, those who register receive important automatic “alerts” for up coming Commission proposals and opportunities to join the open consultation process. In a sense, the Commission uses the exigency for interest groups to act in an efficient and timely manner to constrain their behaviour. Second, and perhaps more importantly, the Commission has made it clear that those who fail to register can easily be overlooked during the consultation process. “The Register is voluntary,” as a Commission communication states, but “when choosing to consult in the context of advisory groups - 142 - or consultative committees, (the Commission has) the possibility to introduce criteria including a minimum level of transparency toward the public, such as signing up to the Register” (European Commission, 2009: 4). The Commission also enforces a mandatory code of conduct that registered interest groups are required to follow. As with the Parliament, interest groups commit to identifying themselves and the interests they serve, to not misrepresent their links to Commission officials and to not obtain documents dishonestly. The Commission’s code of conduct, however, also has a specific provision regarding how interest groups provide information to decision-makers. Interest groups are to “ensure that, to the best of their knowledge, information which they provide is unbiased, complete, up-to-date and not misleading” (European Commission, 2010). There are therefore clear constraints on dissembling backed up by various sanctions and the threat of being excluded from the policy-making process altogether that make it a costly behaviour. Empirical Analysis The various formal and informal regulations controlling how interest groups interact with EU decision-makers seem to clearly suggest that dishonesty and dissembling in the EU should be quite rare. Incentives to join the online register and follow the mandatory code of conduct go a long way in nurturing probity and curbing dishonesty. But to what extent do these assumptions hold true? That is, to what extent are interest groups in the EU open, transparent and honest when providing information to decision-makers? Or, alternatively, to what extent do groups mischaracterize, exaggerate and even strategically withhold information? As intimated above, empirically assessing these questions is difficult, not least because questions of probity and dishonesty do not lend themselves well to interviews and survey questions. I propose - 143 - approaching these questions in three ways. First, and touching on the central assumption of the present analysis, I will examine the nature of lobbying in the EU with an eye on determining the extent to which interest groups provide information to support friends or to change the minds of foes. Second, I will examine data from a survey of EU decision-makers on the issue of interest group transparency and probity in EU lobbying. Third, I will examine the perception of EU interest groups on the need for, and effectiveness of, EU oversight and monitoring mechanisms with reference to survey data from a recent OECD study on interest group attitudes towards lobbying transparency. The Nature of Lobbying in the EU A decision-maker’s ability to effectively ensure the receipt of accurate and complete information is seriously hindered by the considerable costs associated with information verification. Decision-makers in the EU are pressed for time and lack the staff and resources to not only gather policy relevant information but to verify the information they receive from interest groups. A central factor determining the costs of information verification relates to the basic conditions of lobbying in the EU. Interest groups that provide a type of informational service to friendly decision-makers tend to reduce the costs of information verification. But interest groups who provide information to unfriendly decision-makers in order to change their minds tend to increase the costs of information verification. In other words, whether or not interest groups lobby friends or foes provides considerable insight into the costs of information verification. Both tendencies were tested using the results of a survey of interest group representatives active in the EU. Respondents were asked how frequently they provide information to EU decision-makers for the following reasons (frequency is measured on a scale of 1 to 5, with 1 being “never” and 5 being “very often”): (1) To support the - 144 - position of EU decision-makers, (2) To change the minds of EU decision-makers. The results are presented in Table 8, below. Table 8 Reasons for Providing Information to Decision-Makers (Frequency of individual responses with percentages in brackets.) Frequency Support EU Decision-makers 1 (never) 2 3 4 5 (very often) Change minds of EU decisionmakers 17 (6.25) 50 (18.38) 94 (34.56) 86 (31.62) 25 (9.19) Total Mean Standard deviation 272 (100) 3.19 1.04 274 (100) 3.79 .93 3 (1.09) 23 (8.39) 68 (24.82) 114 (41.6) 66 (24.09) The results in Table 8 show little evidence of dishonest interest group behaviour and dissembling in the EU. An impressive 24% of respondents confirmed that they “very often” provide information to EU decision-makers in order to support them. By contrast, only 9% of respondents reported “very often” providing information to change the minds of decision-makers in the EU. The results overwhelming point to the fact that interest groups in the EU provide information to friendly decision-makers (those whose preferences converge with their own) far more frequently than to unfriendly decisionmakers (those whose preferences diverge with their own). Given that dissembling and dishonesty is a function of preference divergence, it appears as if dissembling and dishonesty should be only rare behaviours in the EU. These survey results not only help confirm the basic assumption of the present study, but also lend further support to a near consensus in the literature that interest groups tend to lobby friends rather than foes (Bauer, Pool and Dexter 1963; Berry 1977; Hall and Deardorff 2006). In the EU, two additional factors reinforce this type of lobbying. First, decision-makers are ill equipped to gather and assess policy-relevant information on their own and therefore necessarily rely on interest groups to provide - 145 - this service for them. Second, acknowledging their informational dependence, decisionmakers nurture a robust form of associative democracy in the EU that is institutionalized in mandated consultations and encouraging interest group input at nearly every stage of the EU decision-making process. What is more, interest groups in the EU are not only aware that information is the currency of lobbying in Brussels, but appear to genuinely lobby in an effort to support friendly decision-makers. Interview data bears this out. Dishonesty and dissembling for interest groups in the EU simply do not seem to be viable options. “We are not here to influence the direction that the Commission should go,” explained one interest group representative, “we are just here to refine legislation.”93 “We are exchanging information that is needed for both sides to work better; (decision-makers) need information to produce the best legislation they can.”94 Other interest group representatives explained how they provide information in order to “defend Commission proposals”95 and, rather than changing the minds of decision-makers, to give them “a 360 degree view of an issue.”96 Interest groups do so in many cases because they understand their interaction with EU decision-makers more as a “partnership (based on having) the same values.”97 Of course, providing erroneous information or simply withholding information translates as a betrayal of this partnership. This is why many interest group representatives explained that the greatest key to lobbying success is not money or power, but rather credibility. And credibility, as one representative put it succinctly, is based on the fact that “what you are saying is true, founded and relevant.”98 93 Interview, official, Renault, Brussels, 9/12/2009. Interview, official, Generalitat de Catalunya. Delegación del Gobierno en Bruselas, 7/12/2009. 95 Interview, official, Coca-Cola Ltd., Brussels, 8/12/2009. 96 Interview, official, Daimler AG, Brussels, 7/10/2009. 97 Interview, Vincent Forest, Head of European Union Office, Front Line, Brussels, 7/12/2009. 98 Interview, official, Ferrovie dello Stata, Brussel, 10/12/2009. 94 - 146 - Do these trends vary significantly across different types of interest groups? Graph 7, below, organises the same data according to different interest group types. Disaggregating the data by interest group types mirrors the cumulative results presented in Table 8, above. In fact, all six different types of interest groups in the EU provide information to support EU decision-makers far more frequently than in order to change their minds. The difference in frequency between both reasons for providing information is most pronounced for trade unions and least pronounced for consultancies. While these differences are only marginal, they might reflect two facts. First, trade unions, through the Social Dialogue, enjoy a highly structured institutionalized relationship with EU decision-makers. As discussed in chapter 4, trade unions are organised around one peak organisation, the ETUC, and lobby at the EU level exclusively through it. This makes for a highly structured, predictable and, indeed, reliable process of information provision. Consultancies, by contrast, might be said to have the least institutionalized relationship with EU decision-makers. They are more - 147 - like guns for hire, taking on the interests of their clients and working to support them principally through monitoring and networking activities. It should be stressed, however, that, despite these important differences, consultancies also tend to provide information to support decision-makers rather than to change their minds. In this sense, even with a less institutionalized and structured system of interaction with EU decisions-makers, the information consultancies provide to decision-makers should not significantly increase the costs of information verification. Indeed, for all six types of interest groups examined here, providing information to support decision-makers should significantly decrease these costs. Decision-Maker Perceptions of Dishonesty and Probity The EU has sent mixed signals with regard to its own perspective on interest group dissembling. On the one hand, the EU’s long history of regulating its interactions with interest groups and the exigency expressed for implementing interest group registries, accreditation systems and mandatory codes of conduct might indicate that dissembling in the EU is a serious and common problem. On the other hand, however, the EU’s concerns have been expressed in more precautionary terms. For instance, the 2006 Green Paper marking the launch of the Commission’s new “Transparency Initiative” noted authoritatively: “up to now no cases of (interest group) misdemeanour have been reported in the context of these voluntary codes of conduct” (European Commission, 2006: 9). But the extent to which dissembling occurs in the EU is a question that can perhaps best be levelled at EU decision-makers themselves. Data from a 2009 empirical study conducted by Burson Marsteller paints a less equivocal picture. Based on interviews with over 500 EU decision-makers from the Commission, Parliament and Council, this study examines questions of transparency and - 148 - poor lobbying practices in the EU. Importantly, this study finds that issues of transparency and poor lobbying practices seem to only be a minor concern in the EU. Three issues in particular require a closer look: the reasons why decision-makers interact with interest groups; the type of “poor lobbying practices” perceived to be the most common in the EU; and decision-maker perceptions of interest group “transparency” in the EU. Within the context of the survey, EU decision-makers were asked about the factors that determine their “decision to speak to a lobbyist.” The following options were given: (1) if the lobbyist is transparent about whom he represents; (2) if the topic is in my field of expertise; (3) if the topic is of interest to me; (4) if the lobbyist is well prepared; (5) if I know the lobbyist; (6) I have an obligation to speak to anyone calling me; (7) if the lobbyist is listed in a public register of lobbyists; and (8) I never speak to lobbyists. The results are presented in Graph 8, below. While interest group transparency is an important factor, the policy-related “topic” under consideration is just as important for determining with whom decision- 149 - makers interact. Seventy-three percent of respondents indicate that they speak with interest groups “if the topic is in their field of expertise.” This is followed by 71% who indicate that they speak with interest groups whose “topic is of interest to me.” Following closely, 69% note that interest group transparency plays a role in their decisions to speak with them. Being listed on a public register is a less important factor. Clearly interest group transparency is a concern for decision-makers, but only to the same extent that an interest group is working in a similar field of expertise or if their topic is of interest to the decision-maker. In order to disaggregate the importance of interest group transparency we need to look more closely at the problems related specifically to probity and dishonesty that decision-makers think are most prevalent in the EU? In this vein, decision-makers were asked about the frequency with which they think interest groups commit the following types of “poor practice”: (1) not being sufficiently transparent; (2) being too aggressive; (3) failing to understand process and procedure; (4) being too early or too late in the process; (5) lobbying by press release; (6) inappropriate briefing materials; (7) basing a position on emotion rather than facts; and (8) offering unethical inducements. The report evaluated so-called “industry interest groups” (private sector groups like companies and professional associations) and NGOs separately. The results are presented in Graph 9, below. - 150 - According to EU decision-makers, a lack of transparency in both industry interest groups and NGOs does not seem to be a major issue. Forty percent of respondents mentioned this form of poor practice for industry groups, and only 21% for NGOs. More insidious behaviour, like “offering unethical inducements,” is a more minor problem (10% for industry groups and 8% for NGOs). Indeed, the types of poor practices that decision-makers most often mention are far less insidious. For example, basing a position on emotion rather than facts was the most frequently mentioned form of poor practice for NGOs. For industry interest groups, the most frequent poor practice appears to be failing to understand process and procedure. For both types of interest groups, being too aggressive was mentioned as a considerable problem. However, being aggressive does not necessarily imply dishonesty or deceit. It can also imply overzealousness and enthusiasm. Nonetheless, the point here is that while transparency is a relatively important concern for decision-makers, the type of behaviours there are worried about are far from insidious. Decision-makers seem to be more concerned with - 151 - transparency issues that irritate them -- issues related to procedure and the policymaking process – much more so than unethical inducements. Decision-makers were asked to assess how transparent different types of interest groups are in the EU. Transparency was defined simply as whether a decision-maker knows or does not know whom an interest group represents. As such, this measure already refigures “transparency” as a type of behaviour far less insidious than providing unethical inducements. It does, however, address transparency concerns linked to interest group misrepresentation. Decision-makers were asked the following question. On a scale of 1 to 10, with 1 being “I never know who they represent” and 10 being “I always know who they represent,” “to what extent would you say (different types of interest groups in the EU are) transparent in lobbying. The results are presented in Graph 10 below. As the results in Graph 10 show, decision-makers accord the greatest degree of transparency to companies, trade unions, NGOs and trade associations. There is a significant change in perception, however, when it comes to law firms, consultancies and - 152 - think tanks. Scores for transparency for these types of interest group all hover around the mid-range point while scores for companies, trade unions, NGOs and trade associations verge on a very high 8 points on a 10-point scale. The high transparency score for trade unions might reflect the high scores for lobbying to support friendly decision-makers discussed above. Trade unions interact with decision-makers in a very structured and predictable way. Similarly, the low transparency score for consultancies might reflect their unique position within the EU interest system of intermediation. That consultancies do not have a recognized and institutionalized place in consultation, for instance, might negatively effect perceptions of their transparency. Companies and NGOs, while less institutionalized than trade unions, nevertheless are welcomed participates in the various EU consultation procedures and are recognized as crucial components of a robust form of associative democracy in the EU. Interest Group Perceptions of Dishonesty and Probity The mechanisms that the EU has in place to deter dishonesty and dissembling, namely the Commission and Parliament registers and their codes of conduct, are only effective insofar as they are able to pose credible and known penalties and rewards. The rewards for registering are the alerts that interest groups receive about future consultations. Threats for non-compliance involve being left out of the consultation process, expulsion for the register, and various shaming techniques. There have already been two high-profile cases of non-compliance that have led to expulsion. GPlus, a Brussels-based consultancy, was banned for eight weeks for “failing to disclose the identities of all its clients”(EurActiv, 26.1.2009). Similarly, CEFIC, a large chemicals company and perhaps the biggest interest group in Brussels, was also expelled from the - 153 - register for misrepresenting information about the finances used for lobbying EU decision-makers. Expulsion from the register was only part of the penalty. The far greater penalty, though, came in the form of public shaming in the media. Reports of these transgressions circulated very widely through the various EU-niche newspapers, including “EurActive,” “European Voice,” “EUObserver” and “AgenceEurope,” and was quickly picked-up by interest group in-house reports and newsletters. Indeed, perhaps because Gazprom, the world’s largest natural gas extractor, was one of their clients, the GPlus story was even reported in the Financial Times (Chaffin, 2009). Public shaming has even taken a more organised form. Beginning in 2005, the annual “Worst EU Lobbying Awards” has “recognized” interest groups that are suspected of shady dealings in EU lobbying. The “winners” are announced at large public events in Brussels that generate a great deal of media attention. Past winners include: C4C for claiming to be a grassroots group representing artists but which in fact was a front for big software companies; ExxonMobil for paying “climate sceptics to manipulate the EU climate debate;” and EBPS (European Business and Parliament Scheme) for claiming to be a neutral liaison organisation but in fact was granting privileged access to MEPs (van Schaik, 2010, 135f). Clearly, EU mechanisms of oversight and monitoring appear to be buttressed by credible and known penalties and rewards. How necessary are these mechanisms? Do their exacting requirements and credible threats offer realistic deterrents to dishonesty and dissembling? While the preceding section approached similar questions from the perspective of EU decision-makers, in this section I will focus on interest group perceptions of lobbying dishonesty and probity. Data on the perspective of interest group representatives comes from a 2009 OECD survey of over 1,000 “European lobbyists” tapping attitudes about issues of - 154 - lobbying transparency, codes of conduct and lobbyist registers (OECD, 2009: 10). Two points from the OECD study need to be highlighted: the perceived need for lobbying codes of conduct and the effectiveness of these codes of conducts. A series of survey questions tap these two points. The perceived need for lobbying codes of conduct was tapped by the following survey question meant to gauge the general prevalence of dishonesty and dissembling in the EU. Interest group representatives were asked if they “think that inappropriate influence-peddling by lobbyists, such as seeking official favours with gifts or misrepresenting issues, is a problem?” Results are presented in Graph 11 below. The data presented above suggests that, according to interest groups, instances of “inappropriate influence” are rare. Only 9% of respondents think there are frequent instances of inappropriate interest group influence, while 30% believe such instances happen only occasionally. The majority of respondents indicate “not often” (about 38%) and “never” (19%) for such occurrences. Naturally, it would be unrealistic if the data - 155 - showed a complete lack of “inappropriate” lobbying behaviour among interest groups in the EU, especially given that “inappropriate influence peddling” is a vague concept that could mean anything from misrepresenting clients to offering “unethical inducements.” What is notable here, however, is how these results tend to mirror those of EU decisionmakers presented above. Both interest groups and decision-makers appear to see EU lobbying in rather positive terms: there are few serious lobbying misdemeanours and issues of undo influence and inappropriate behaviour are rare. Of course, it might be argued that interest groups have an incentive to misrepresent the reality of lobbying in the EU in order to help improve their image. This, however, would not explain similar positive reports from decision-makers. Interviews with interest group representatives also support the general findings in Graph 11. Most representatives simply noted that lobbying in the EU was transparent, well structured and that interactions with decision-makers were even amicable: “we don’t have anything comparable to what they have in the US,”99 as one interest group representative put it. When pushed for examples of poor lobbying practices, another interviewee pointed to the existence of so-called “corporate-front lobbies,” admitted that “this is all very anecdotal” and that “I don’t have any data. I have very little personal experience with that.”100 Interviewees were not only reluctant to provide specific examples, but also tended to level vague and anecdotal criticisms at the “usual suspects,” “big multinational companies”101 as well as the likes of “Marlboro or Camel.”102 Of course, this is not to say that interest group dishonesty and dissembling do not exist in the EU. The high-profile examples of GPlus, CEFIC, C4C and Exxon-Mobile, above, 99 Interview, Paul Voss, Manger for Energy and Environment Policy, AEGPL Europe, Brussels, 16/11/2010. Interview, Illona Kish, Secretary General, Culture Action Europe, Brussels, 15/11/2009. 101 Interview, Martin Romer, General Secretary, ETUCE (European Trade Union Committee for Education), Brussels, 17/11/2010. 102 Interview, Dr. Theodoros Koutroubas, Director General, CEPLIS, Brussels, 17/11/2010. 100 - 156 - provide some evidence of dishonest behaviour. But the point here is that this type of behaviour seems to be more the exception than the rule. The perceived effectiveness of lobbying codes of conduct can be assessed by examining the use of credible and known rewards and penalties. Two questions from the OECD data are particularly relevant. First, respondents were asked to assess the effectiveness of “rewards for compliance” and “penalties for violations” of lobbying codes of conduct. Second, respondents were asked if they thought “lobbying transparency” should be mandatory or voluntary. Together, the results reflect interest group attitudes about how exacting and stringent lobbying controls should be. The results of the two survey questions are presented in Graphs 12 and 13, below. - 157 - According to interest group respondents, penalties for code of conduct violations are significantly more effective than rewards. Twelve percent of respondents answered “yes” to rewards being effective compared to almost 38% who answered that penalties are effective. The “no” responses are equally telling. Thirty-six percent do not think that rewards are effective at all, while only 12% questioned the effectiveness of penalties. In general, then, it seems that interest groups favour penalties to rewards and, by extension, more stringent lobbying codes of conduct. Similar attitudes are reflected in responses for the second question. It seems that the majority of respondents (about 61%) indicate that lobbying transparency should be mandatory. By contrast, 15% were neutral on the topic and only about 19% thought that lobbying transparency should be voluntary. It appears, then, as if interest groups favour more exacting, rigorous and stringent codes of conduct over lenient and moderate ones. Reinforcing violations through penalties and making lobbying transparency mandatory would not only act as effective deterrents to dishonesty and dissembling, but also seem to suggest that dishonesty and dissembling are real problems that need exacting answers. Why would - 158 - interest groups prefer stricter guidelines and rules to more lenient ones? Clearly, more exacting lobbying standards would necessarily constrain an interest groups’ ability to pursue its own interests. Does this penchant for stricter standards, then, suggest that there is, in fact, a perceived issue with lobbying dishonesty and dissembling in the EU? I suggest that interest groups’ penchant for more exacting codes of conduct does not imply that there is a marked lack of lobbying transparency in the EU. Rather, these attitudes demonstrate how interest groups seek to increase their credibility and reputation by working under rigid restrictions mandated by Registries and codes of conduct. In the same sense, interest groups advocate penalties rather than rewards because it is unlikely that they will violate the conditions of a lobbying code of conduct. This is particularly evident in the nature of criticisms levelled at the Commission’s Register upon its inception in 2008. Rather than balking at the idea of a register of lobbyists, most interest groups thought the project to be “extremely unambitious” (Corporate European Observatory, 2008). Two points were of major concern. First, interest groups were incensed by the voluntary nature of the register. Newspapers like EuropeanVoice reported on the need for “a mandatory, legally enforceable register” (King, 2009) while Euractive declared the existing register ““weak and unclear” (EurActiv, 31.10.2008). Official interest group responses in the form of position papers put these concerns in formal terms. NGOs like Transparency International and Civil Society Contact Group (CSCG) where joined by the Council of Bars and Law Societies of Europe, the BEUC (the European Consumers Organisation), and SEAP (The Society of European Affairs Professionals) in their insistence on making the register mandatory and legally binding. Indeed, CSCG, aided by AlterEU, an EU transparency watchdog group, developed an alternative register that addressed all of the shortcomings of the existing one. In addition to being mandatory, the proposed register gave voice to other - 159 - common concerns that would make the Register decidedly more stringent. They insisted on disclosing the names of individual lobbyists and making financial disclosures clearer and more comparable across different types of interest groups. Taken together, criticisms of the Commission’s Register amounts to a general consensus among different types of interest groups that transparency is an important issue and that more needs to be done to ensure it. That many interest groups insist on greater transparency and more exacting standards for the Register and code of conduct speaks to their desire to increase their credibility in a system that is, very often, heavily influenced by journalistic interpretations about the nature of lobbying in the EU. The reality of lobbying in the EU, however, is far less sinister than anecdotes of lobbying “fronts” and stories of undue lobbying influence suggest. Many interest groups not only recognize the importance of oversight and monitoring mechanisms, but also insist on making them more exacting and rigorous in order to prove their credibility and even legitimacy within the EU interest group system. It is perhaps in an effort to escape the shadow of poor lobbying practices in the US that EU interest groups express an exigency to make the Register mandatory and legally binding, to reveal the names of their lobbyists and to determine clearer methods for disclosing their finances. Conclusion The present chapter goes a long way towards dispelling assumptions about the dishonest, deceptive and misleading behaviour of interest groups in the EU policymaking process. Indeed, the central finding presented here is that dissembling and dishonest interest group behaviours are not the norm in the EU. The empirical analysis presented above supports this finding in three ways. First, interest groups in the EU - 160 - provide information to decision-makers more frequently in order to support their legislative work than to change their minds. This type of interest groups / decisionmaker dynamic suggests that decision-makers should be faced with only occasional issues related to information verification. Second, EU decision-makers report that instances of interest group dishonesty and dissembling in the EU are not common. Decision-makers more frequently report “poor lobbying practices” like basing a position on emotion or not understanding the procedures of the EU policymaking process than more insidious behaviours like unethical inducements. Lastly, the oversight and monitoring practices implemented by EU decision-makers provide interest groups with credible and known rewards and penalties for lobbying violations. Importantly, many interest groups, rather than balking at these oversight mechanisms, have insisted on making them more exacting. Interest groups have consistently pushed for mandatory and legally binding lobbyist registers and codes of conduct as well as clearer methods for the disclosure of relevant information related to their lobbying activities. In addition to challenging long-held assumptions about interest group probity and dishonesty, these findings also provide greater nuance to Warner’s 2007 argument that the EU’s liberal market structures should facilitate behaviour related to bribery and corruption. Of course, as Warner notes in the case of bribery and corruption in the EU, the solution involves the implementation of exacting oversight and monitoring activities. A central caveat of this chapter is that dishonest and deceptive behaviour is notoriously difficult to measure empirically and does not lend itself well to social science methods. Approaching the question of interest group dishonesty from three different directions, however, and with reference to data from various existing empirical studies does lend some purchase to the central finding that interest group dishonesty and dissembling in the EU is not the norm. To say, definitively, that dishonesty and - 161 - dissembling are not issues in the EU would require more research and reliable data on actual instances of “inappropriate lobbying.” Nonetheless, the largely attitudinal data presented above provides some initial and important insights into interest group dishonesty in the EU not only from the perspective of interest groups but also from that of EU decision-makers. - 162 - CHAPTER 7 INFORMATION TRANSMISSION: TYPES, TACTICS, & TARGETS When it comes time for interest groups to transmit policy-relevant information to EU decision-makers they are faced with a series of strategic choices. First, what kind of information do they send? Is it technical data or expert knowledge about some specific issue of a specific policy? Is it perhaps legal information meant to aid decision-makers in the drafting of legislation? Or is it information about citizen preferences and the political salience of a policy? Second, groups also must consider how to send the information. Again, there are multiple options. Will a group use outside lobbying strategies, mobilizing citizen support behind a policy via media campaigns, rallies, or public events? Or, will they opt for good old-fashioned shoe-leather strategies like writing a letter or meeting over dinner or drinks? Perhaps information is transmitted via a phone call or an email? Finally, once the type of information and the tactic for sending it have been determined, interest groups are faced with the task of choosing where to send the information. Which decision-makers in which of the EU’s various decision-making institutions are to receive the information? Clearly, the process of transmitting information to decision-makers is complex and interest groups are faced with a whole host of strategic options from which they can choose. But how are these choices made? What constraints limit a group’s repertory of strategies? Further, how do decisions about one strategy influence decisions about others? The present chapter seeks to answer these questions. To do so, it is first necessary to bring some order to the complexity of the information transmission process. Thus, I propose a framework for examining information transmission that turns - 163 - on three related questions: what type of information is being transmitted? What tactics are used to transmit the information? At which decision-makers is the information being targeted? In short: types, tactics, and targets. I use this framework to provide answers to the questions raised above as well as to test the widely-held assumption in the existing literature that an interest group’s choice of information types, tactics and targets is mainly a function of that group’s membership structure (Kohler-Koch, 1997; Mahoney, 2008; Eising, 2007; Michalowitz, 2004; Bouwen, 2004a&b; Dür and de Biévre, 2007b). First, private interest groups (like companies and professional associations) are assumed to transmit technical information to the Commission using direct tactics like letters and phone-calls. Second, the literature assumes that diffuse interest groups (like NGOs and trade unions) have little capacity to provide any type of information and in those rare instances when they do it is assumed to be limited information about public opinion or ethical arguments sent to members of the European Parliament using tactics that mobilize the public. I argue that these assumptions are overly deterministic and provide little insight into how a full range of interest groups (not just private and public groups but also consultancies and public authorities) differ in their capacity to transmit information to EU decision-makers. Moreover, they assume that private interest groups naturally have more influence on the EU policy-making process than diffuse groups. The main finding of this chapter is that membership structure does not determine the information transmission process. Rather, most interest groups in the EU strategically transmit a whole host of different information types, using a range of tactics and targeting decisionmakers in many of the EU’s main institutions. The chapter proceeds as follows. I begin by providing some background on information transmission in the existing scholarly literature. I follow this by examining - 164 - types, tactics and targets respectively, testing in each case the extent to which an interest group’s membership structure determines it information transmission ability. After considering types, tactics and targets separately, I examine how different transmission strategies interact. Using statistical analysis I examine which types of information and which tactics are used with which targets. Finally, I present some concluding remarks. Transmitting information to decision-makers The existing research on the information transmission process is broad in scope and ranges from abstract formal models to large-scale stocktaking survey work. Indeed, we know a great deal about the different types of information that interest groups transmit to decision-makers, the various tactics they use to do so and the decisionmakers at which this information is targeted. Despite this wealth of detail, what we know about how interest groups make strategic choices with regard to the information transmission process is quite limited. Formal models of informational lobbying provide the present study with its central working framework. Information transmission, in its most basic form, consists of “two agents, one of whom has private information relevant to both. The better informed agent sends a message to the other agent whose decision affects the welfare of the first agent” (Crawford and Sobel, 1982: 1431f). All three elements of the information transmission process are already present – a type, a tactic and a target – albeit in skeletal form. The same parsimony persists through most other formal models of the transmission process. Information type is invariably “specialist information” or “private information;” information tactics are reduced to the act of sending the message and the only distinguishing feature of targets is that they are motivated by an information - 165 - asymmetry (Grosmann and Helpman, 2001; Potters and van Winden, 1990 & 1992; Austen-Smith, 1993). These models are clearly ill-suited for explaining how different information types, different transmission tactics and variation among targets influences the choices that interest groups face in the information transmission process. Stocktaking survey research is somewhat more useful in that it unpacks the concepts used in these formal models. In fact, the various aspects of the information transmission process have been thoroughly identified, enumerated and itemized in this research, giving us a good picture of the strategic toolkit available to many interest groups. Scholzman and Tierney’s 1986 seminal work on American interest groups, for example, identifies twenty-three such activities, ranging from direct and informal contact with legislators, presenting research results, talking to journalists, advertising, writing letters, giving testimony, organising protests, helping draft legislation, agenda setting, to campaign work. Similar surveys conducted by Walker (1991), Heinz et al., (1993), Berry (1977), Knoke (1990), and more recently Baumgartern et al. (2009) find “remarkably robust” support for Scholzman and Tierney’s exhaustive list of interest group strategies despite “using different questions, different sampling frames, and (going) to the field in different years” (Baumgartner and Leech, 1998: 149). Although these survey results paint a comprehensive picture of the strategies available to interest groups in a general sense, they do not say much about how interest groups make choices between different types, different tactics and different targets. A number of related insights from the EU-based literature have, however, made some headway in this respect. It is this work that will act as an important point of orientation for the present analysis. The basic premise in this research is that the choices that interest groups make between different types, tactics and targets are largely determined by the membership structure of a given group. The main distinction is between broadly - 166 - defined private interest groups (like companies, professional associations) and diffuse interest groups (like NGOs and trade unions). The former have concentrated interests revolving around technical, economic issues while the latter have wide-ranging interests reflecting the preferences of many citizens. Two broad but widely held assumptions about the strategic choice of types, tactics and targets follow from membership structure (see Kohler-Koch, 1997; Mahoney, 2008; Eising, 2007; Michalowitz, 2004; Bouwen, 2004a&b): first, private interest groups naturally have recourse to technical information which they transmit to the obliging technocrats in the Commission, typically using direct and personal tactics like writing letters and face-to-face meetings; second, diffuse interest groups naturally have recourse to information about public opinion; they send it to the more politically-minded members of the European Parliament and are limited to using indirect tactics that mobilize the public. One of the central aims of this chapter is to empirically test these assumptions. As such, I provide more detailed accounts of how interest group membership structure is thought to determine types, tactics and targets in what follows below. Information Type The type of information that interest groups transmit to decision-makers has been variously described as “expert information” about the technical details of policy (Ainsworth, 1993: 44; Esterling, 2004; Crombez, 2002), as “private information” that only certain interest groups possess (Crawford and Sobel, 1982: 1431; Hansen, 1991), as well as “specialist information” related to the “consequences of some policy” (AustenSmith 1993: 799). It can also be information that conveys “political intelligence” - 167 - necessary to anticipate another actor’s reactions or details about procedure (Hall and Deardorff, 2006; Pappi and Hennig, 1999: 259) as well as information about the “political salience” and “public support” of a policy proposal (Ainsworth, 1993; Pappi and Hennig, 1999: 259). Given the multiplicity of information types, the important question is this: Which interest groups have access to and subsequently transmit which types of information? Further, what factors determine a group’s strategic choice between different information types? As already mentioned, much EU related research assumes a strong link between the type of information a group can transmit and a group’s membership structure. Private interest groups have very specific economic interests related to issues of production, manufacturing, trade, and profit maximization. As such, they are thought to “naturally” have recourse to technical information, expert knowledge and, to a lesser extent, legal information about these matters (Michalowitz, 2004: 89; Eising, 2007; Mahoney, 2008; Kohler-Koch, 1997). By contrast, so-called diffuse interest groups have a large membership base and wide-ranging interests reflecting the preferences of many citizens. Thus, NGO and trade unions, for example, have no recourse to technical and expert information but instead naturally have access to information about public opinion, citizen preferences and the political salience of various policies. Some scholars go so far as to suggest that this inability to access technical and expert information means that diffuse groups are invariably “compelled to constantly appeal to general principles like equity, social justice, and environmental protection” making their informational contribution of “little value” to decision-makers (Dür and de Biévre, 2007b, 82; see also Mahoney, 2008: Esterling, 2004). - 168 - While intuitively appealing and even gaining some support from survey-related research (see Mahoney, 2008103), the link between group membership structure and information type seems deterministic, leaving little room for group agency. To what extent, then, do these assumptions hold up under further scrutiny? A related issue is that the existing literature only provides insight into the type of information that so-called private and diffuse groups transmit. This begs the question: can we differentiate between different types of private and diffuse groups in terms of information transmission and, moreover, what kind of information do other types of interest groups, like public authorities or consultancies, transmit to EU decision-makers? A more complete picture of the types of information that interest groups transmit is provided with reference to survey results. It is important to note that, while we have already listed a number of different possible information types that groups might transmit to decision-makers, this survey uses a typology of information types that is tailored to the EU context. That is, insights from the extant literature have been coupled with data collected from interviews with interest group representatives to form a manageable list of information types that was used in the context of the survey. Respondents were asked to identify how frequently (on a scale of 1 to 5, with 1 being “never” and 5 being “very often”) their organisation provides the following six types of information to EU decision-makers: (1) Information about public opinion; (2) Legal information; (3) Information about the feasibility of implementing a proposal; (4) Information about the economic impact of a proposal; (5) Information about the social impact of a proposal; and (6) Information that makes technical or scientific data understandable / relevant. The results are presented in Table 9, below. 103 Mahoney (2008) finds that citizen groups tend to transmit information about “broad community shared goals” while business interests transmit “technical” information (83). - 169 - Table 9 Type of Information Transmitted to EU Decision-Makers (Frequency of individual responses with percentages in brackets) 1 (never) 2 3 4 5 (very often) Total Mean Standard Dev. Information about public opinion 69 (24.91) 93 (33.57) 60 (21.66) 39 (14.08) 16 (5.78) Legal Information Information about economic impact 22 (7.86) 38 (13.57) 80 (28.57) 88 (31.43) 52 (18.57) Information about social impact 60 (21.51) 73 (26.16) 75 (26.88) 55 (19.71) 16 (5.73) Information about feasibility of proposal 21 (7.50) 37 (13.21) 73 (26.07) 87 (31.07) 62 (22.14) 16 (5.69) 60 (21.35) 65 (23.13) 84 (29.89) 56 (19.93) Information that makes technical data understandable 44 (15.71) 52 (18.57) 64 (22.86) 75 (26.79) 45 (16.07) 277 (100) 2.42 1.17 279 (100) 2.62 1.18 280 (100) 3.47 1.18 280 (100) 3.39 1.16 281 (100) 3.37 1.18 280 (100) 3.08 1.31 The results in Table 9 clearly reflect what one interest group representative identified as the prioritization of “evidence-based policymaking” in the EU.” “It is no longer good enough to go to the Commission or anyone else with a position that isn’t scientific in nature and that isn’t reinforced by data.”104 As another interest group representative explained, “serious lobbying has to be based on facts and figures. Just to say, ‘we want this’ and ‘we don’t want that’ amounts to nothing. The basis always has to be science.”105 Accordingly, the top three information types as shown in Table 9 are information about the feasibility of a proposal, information about the economic impact of a proposal and information about the social impact of a proposal. In these cases, about 20% of respondents indicated sending these information types “very often,” and about 30% slightly less frequently. Information that makes technical data understandable is transmitted somewhat less frequently, with only about 16% selecting the “very often” option in the survey. The main contrast, and reflecting the requirement for transmitting a position backed-up by “science” and “data,” is information about public opinion and 104 Interview, Paul Voss, Manger for Energy and Environment Policy, AEGPL Europe, Brussels, 16/11/2010. 105 Interview, Dr. Marlene Wartenberg, Director, Vier Pfoten, Brussels, 19/11/2010. - 170 - legal information, which are sent only very infrequently to EU decision-makers. Indeed, only 5% of respondents indicated sending these information types very frequently. By the same token, more than 50% noted that they either never send these information types or only transmit them very infrequently. Importantly, the three information types most frequently transmitted to decision-makers share in the fact that they are highly technical in nature and, moreover, draw on an explicit cause-effect logic highlighting the consequences of some proposal. “We try to assess what would happen if such a proposal passed”106 according to one representative. “In very few cases,” to speak with another, “do we send just raw data. We are always analyzing the possible consequences.”107 There are clear advantages to transmitting this kind of information. Namely, by highlighting the feasibility of a proposal or its social and economic impact, an interest group is able to reduce the perceived uncertainty of various policy outcomes. As discussed in chapter 2, it is this same uncertainty about outcomes that compels decision-makers to seek out interest group expertise in the first place. By contrast, information about public opinion and legal information naturally place less stress on assessing potential policy consequences. In particular, information about public opinion can tell decision-makers where the political support lies but cannot help them realize the policy outcome that will speak to this support. Without sound and more certain policy outcomes, information about public opinion does not matter. Do these trends persist across all types of interest groups in the EU? Further, to what extent is the type of information a group transmits linked to a group’s membership structure? Graph 14, below, organises this data according to six different types of interest groups. 106 107 Interview, official, Bureau of Nordic Family Forestry, Brussels, 7/12/2009. Interview, official, Ferrovie dello Stata, Brussel, 10/12/2009. - 171 - The same prioritization of consequence-based information holds across all six types of interest groups considered here. Information about the feasibility of a proposal and the social and economic impact of a proposal is transmitted to decision-makers far more frequently than information about public opinion and legal information. Information that makes sense of technical information, as with the above results, falls between these two extremes for most interest groups. With the results now organised by interest group type, what can we say about the assumptions linking interest group type to information type discussed above? Do private interest groups invariably send only technical and expert information? Do diffuse groups only send information about public opinion? Lastly, are diffuse interest groups unable to send technical information and are thus compelled to provide information that “appeals to general principles like equity, social justice, and environmental protection” (Dür and de Biévre, 2007b: 82)? Perhaps the most important result presented in Graph 14 is that most interest groups in the EU have considerable agency in the information types they transmit to decision-makers. There are not, as argued in the extant literature, categorical barriers - 172 - that prevent diffuse groups from transmitting technical information or that restrict private interest groups from transmitting less technical information about public opinion or even appealing to ethical arguments of social justice and equity. Transmitting information that synthesizes different types of argument seems to be a standard strategy for most interest groups in the EU. What motivates interest groups to do this? Interview data helps flesh out the survey data. Generally speaking, private interest groups appear to seek to legitimize technical information about policy outcomes by referencing information about public opinion and even using ethical arguments. Diffuse interests, by contrast, recognizing the power of “evidence-based policymaking,” use technical information to give greater weight and purchase to ethical arguments and information about public opinion. A few examples will help explain this trend. AEGPL, a Brussels-based professional association specializing in the extraction, transport and sale of liquefied petroleum gas, provides a good example for private interest groups. The issue, according to an AEGPL representative, is marrying the private economic aims of the association with ethical notions of increasing the aggregate welfare of all Europeans. “It is not the job of the EU institutions to help gas companies make money. But the mission of this office is to improve the business environment of our members. This is clear. But that is not an acceptable objective once you engage in a negotiation with the EU.”108 While purely technical information could convey the steps necessary for making more money, they do not provide compelling arguments for decision-makers. As such, AEGPL “often points out that LPG, as a portable gaseous fuel, makes economic activity possible and more sustainable in areas where there is no natural gas grid. We talk about rural areas, islands, mountains, and so forth, those who need access to clean, modern energy. LGP provides that. That’s a much more compelling 108 Interview, Paul Voss, Manger for Energy and Environment Policy, AEGPL Europe, Brussels, 16/11/2010. - 173 - argument than, ‘we’d like to sell X amount of gas’.” Providing the technical details is just part of the equation, “you also have to demonstrate that it makes sense for someone other than yourself.”109 Stressing the environmental and social welfare dimensions of a policy is like sweetening bad medicine: it helps the technical details and expert knowledge go down. While ethical arguments support technical information for a private interest group like AEGPL, for NGOs it is the reverse: using technical details to give greater weight and credibility to their ethical arguments. The specific interest that an NGO represents, however, can seriously restrict its ability to do this. Consider first the Quaker European Council, representing Quaker beliefs at the European level. This interest group took a strong stance against the construction of the Nabucco pipeline that would link Turkey and Austria. The ethical position of the Quaker Council was that the EU, given that “Turkmenistan, being the country that it is,” should not go “hell for leather to get their gas but rather try to influence the situation in Turkmenistan for the better.”110 To support its position, Quaker Council published a position paper outlining how the pipeline could be contingent on Turkmenistan “signing-up to the industry’s transparency initiative,” thereby allowing for the “opening up a civil society, NGO activity, transparency and democracy in Turkmenistan.”111 The Quaker Council’s broad mandate to represent Quaker interests around the world, here translated as transparency and democracy promotion in Turkmenistan, made couching an ethical issue in largely technical terms a rather uncomplicated process. Other NGOs, however, are limited in the extent to which they can synthesize different information types by the very interests that they represent. It seems that the 109 Interview, Paul Voss, Manger for Energy and Environment Policy, AEGPL Europe, Brussels, 16/11/2010. 110 Interview, Martina Weitsch, official, Quaker Council for European Affairs, Brussels, 10/12/2009. 111 Interview, Martina Weitsch, official, Quaker Council for European Affairs, Brussels, 10/12/2009. - 174 - broader an interest becomes, the more difficult it is to couch ethical issues in technical terms. Culture Action Europe’s “70 Cents for Culture Campaign” is a case in point. The basic aim of this campaign is to increase the EU’s overall budget for culture and support for the arts in Europe. The problem, according to a Culture Action Europe representative, is the notion of “culture” itself. “There is not a lot of statistical data,” in this area, “and there is almost no comparable European-level data. I cannot say, for example, the cultural sector provides 5,000,000 jobs and contributes X to the combined GDP.”112 As such, Culture Action Europe relies almost exclusively on “rhetorical arguments,” as a representative explained, at the expense of “data-driven arguments.”113 In this case, the issue area seems to limit this NGO’s ability to participate in so-called “evidence-based policy making.” Arguments for increasing the Commission’s budget for culture, while appealing to broad concerns about the importance of culture and the arts in Europe, are just not easily couched in technical terms. Both private and diffuse groups are not only able to access a diverse range of information types but recognize the importance of combining them to make their message as strong and compelling as possible. But for NGOs, some messages make such combinations easier than others. It is on this point that NGOs face certain hurdles that other interest groups do not. The main distinction between diffuse and private interests in terms of information type is not membership structure, however, but the nature of the interest being represented. 112 113 Interview, Illona Kish, Secretary General, Culture Action Europe, Brussels, 15/11/2009. Interview, Illona Kish, Secretary General, Culture Action Europe, Brussels, 15/11/2009. - 175 - Information Tactics How information is sent is just as important as the type of information that is sent. There are several different tactics that interest groups can use to transmit information to decision-makers. The most notable distinction in this regard is between outside lobbying tactics and inside lobbying tactics. Outside lobbing tactics refer to the attempts by interest groups “to mobilize citizens outside the policymaking community to contact or pressure officials inside the policymaking community” (Kollman, 1998: 3). This might involve interest groups using the media by placing advertisements in newspapers or magazines as well as writing editorials. Interest groups may also host public events where members and decision-makers are invited to take part and hear the issues. Inside lobbying, by contrast, involves a more direct form of contact between interest groups and decision-makers and is what we usually have in mind when we think of lobbying. It involves old-fashioned shoe leather tactics like writing letters, making phone calls and having face-to-face meetings as well as the use of newer technologies for writing emails, for example (Watson and Shackleton, 2008). Like research on information types, work on information tactics is also marked by an assumption that links interest group type to the use of particular tactics. Again, the focus is on the difference between private interest groups and diffuse interest groups. It seems that, among the various tactics available to interest groups, some are explicitly driven by “personnel resources” while others are driven by “monetary resources” (Gerber, 1999: 88). An interest group’s choice of tactics is assumed to be determined by its abundance of one type of resource or another. Thus, diffuse groups are assumed to be “personnel rich” and poor in monetary resources and thus transmit information to decision-makers circuitously by reaching out to the public and mobilizing them on an issue. Private groups are poor in personnel resources but rich in monetary resources. - 176 - Thus, they do not need to resort to outside strategies that involve the public and instead focus their resources on strategies that bring them in direct contact with decisionmakers – namely, inside strategies (see Hojnacki and Kimball: 1998 & 1999; Mahoney, 2008; Dür and de Biévre, 2007b). These distinctions, however, are too stark. Clearly, tactics that are meant to mobilize the public would require considerable monetary resources. Further, many inside tactics – like writing letters and making phone calls – bear very few monetary costs. It remains unclear why resource-poor groups, like NGOs would be assumed to forgo these less expensive tactics. The following analysis will help clarify these issues. To what extent is there a discernable link between interest group types and the choice of certain tactics? Once again we will use survey results to examine the question. A note on tactics needs to be mentioned before presenting the survey results. While the tactics I consider in this analysis can be categorized loosely as either inside or outside strategies, the typology of tactics I use is more precise, and, as with information types discussed above, is tailored to lobbying in the EU context. Differentiating among different tactics is also important to unpack the presumed link between certain tactics and certain resources (whether personnel or monetary). To this end, I consider four socalled inside tactics (face-to-face meetings, writing letters, writing emails, making phone calls), two so-called outside tactics (starting media campaigns and hosting public events), and one tactic that does not fit nicely into either category, namely participating in the Commission’s ‘open consultation’ process. We will recall from the previous chapter that open consultation is an invitation for interest groups to provide information to decision-makers on a particular issue. Importantly, unlike either inside or outside tactics, open consultation means that groups are not proactively transmitting information to decision-makers. Moreover, open consultation is unique in the sense that - 177 - it makes information transmission a formal part of the EU policy-making machinery. To this extent, open consultation has the potential to give a greater sense of legitimacy to interest group informational input. To examine information tactics, respondents were asked to identify how frequently (again on a 1 to 5 scale, with being “never” and 5 being “very often”) their organisation provides information to EU decision-makers in the following seven ways: (1) Face-to-face meetings; (2) Write a letter; (3) Write an email; (4) Make a phone call; (5) Start a media campaign; (6) Host a public event; and (7) Participate in the ‘open consultation’ process. The results are presented in Table 10, below. Table 10 Information Tactics used to Transmit Information to EU Decision-Makers (Frequency of individual responses with percentages in brackets) Inside Tactics Outside Tactics write letter write email make phone call media campaign 1 (never) face-toface meeting 17 (6.05) 18 (6.45) 4 (1.41) 83 (29.96) 2 32 (11.39) 38 (13.62) 20 (7.04) 3 60 (21.35) 77 (27.60) 4 92 (32.74) 92 (32.97) 5 (very often) 80 (28.74) 54 (19.35) 63 (22.18) 97 (34.15) 100 (35.21) 31 (11.11) 40 (14.34) 35 (23.30) 75 (26.88) 68 (24.37) 21 (7.58) host public event 31 (10.95) 74 (26.15) 80 (28.27) 71 (25.09) 27 (9.54) Total Mean Standard Dev. 281 (100) 3.66 1.17 279 (100) 3.45 1.13 284 (100) 3.94 .99 279 (100) 3.39 1.29 277 (100) 2.40 1.25 283 (100) 2.96 1.15 78 (28.16) 58 (20.94) 37 (13.36) Open Consultation open consultation 8 (2.84) 25 (8.87) 49 (17.38) 10. (36.17) 98 (34.75) 282 (100) 3.91 1.06 As Table 10 makes clear, writing an email is the most frequently used tactic for transmitting information to decision-makers in the EU. In fact, 35% of respondents indicated that they use this tactic “very often.” This is followed closely by participating in open consultations and face-to-face meetings. Old fashioned shoe leather tactics, like writing letters and making phone calls are used somewhat less frequently. So-called - 178 - outside lobbying tactics, like media campaigns and hosting public events, are clearly the least frequently used for lobbying in the EU. More specifically, a majority of respondents indicate that they rarely use these tactics to transmit information to EU decisionmakers. Cost seems to be a major factor determining the tactics that interest groups use to transmit information to decision-makers. A simple email or a phone call requires, in general, fewer monetary resources and less time than hosting public events and starting media campaigns. Importantly, timing and reliability are also crucial factors in terms of choosing tactics. Emails, for instance, are used more frequently than written letters likely because of their immediacy. As discussed in chapter 5, there is a premium on timely information in the EU. Information that is too late loses all of its value. Delivering a letter simply takes longer to transmit than an email. Face-to-face meetings, however, are still very important for most interest groups. While emails are fast, fast-to-face meetings lend a greater reliability to the message that is transmitted. Questions can be raised and answered, alternative options explored and rejected and decisions can be made with a handshake all without the tedium of the back-and-forth of multiple emails. Importantly, open consultations are also a key tactic for interest groups in the EU. The frequent use of this particular tactic might be explained by the fact that it provides a formalized and legitimate way for interests groups to provide their input into the legislative process. It carries less of the stigma and negative connotations that other more traditional tactics might have. While public events and media campaigns can bring the public’s attention to an issue, these tactics are unreliable, costly and inefficient. The information transmitted using these methods must be simplified to reach a wide audience or to fit on a banner or pamphlet. Moreover, these tactics, while perhaps reaching a large audience, run the risk of going unheard by decision-makers. - 179 - To what extent do these trends hold up when we disaggregate the data by interest group type? Moreover, does interest group type affect information transmission tactics? Graph 15, below, provides insight into these questions. Mirroring the results in Table 10, most interest groups in the EU use inside tactics more frequently than outside tactics. Slight differences between tactic-choice exist between different types of interest groups. NGOs and public authorities tend to transmit information most frequently via emails. Consultancies, by contrast, use face-to-face meetings while companies, professional associations and trade unions use the EU’s open consultation procedure most frequently. There is, however, little evidence that diffuse interests tend to invariably use outside tactics or that they prioritize them over other tactics. Indeed, the use of outside tactics by NGOs is not noticeably more frequent relative to other groups. In fact, consultancies and trade unions tend to use outside tactics more frequently than NGOs. Like other types of interest groups, NGOs are not limited to outside tactics. “We have a whole range of strategies,” as a representative from Culture Action Europe explains, that involves presenting a position paper, carrying - 180 - out a large scale campaign, sending emails and making phone calls.114 ENAR uses a similar, multi-tactic strategy, sometimes even transmitting essentially the same information but using open consultation, position papers, emails and by hosting public events. While assumptions about NGOs using outside tactics are clearly challenged by these results, those regarding private interests using inside tactics do find some support. For instance, companies tend to transmit information via face-to-face meetings and emails and rarely rely on hosting public events or starting media campaigns. Professional associations, in addition to other inside tactics, tend to transmit information via phone calls and also only infrequently use typical outside tactics. This might be the result of the fact that these private interests are relatively “personnelpoor.” It could also simply be the case the private interests have little use for outside tactics. Of course, a similar trend can be seen for public authorities and consultancies. What is more, for all interest groups, providing information via the open consultation process is an obvious priority. It is therefore wholly unclear how much the membership structure of an interest group determines the choice of tactics used to transmit information to EU decision-makers. Although used sparingly, transmitting information through hosting public events is clearly used more frequently than media campaigns. Interest groups’ general focus on networking, strong-ties and face-to-face interaction, as examined in previous chapters, can help explain this preference. According to the results in Graph 15, consultancies and public authorities employ these tactics more frequently than other interest groups. For consultancies, the public event is a crucial venue for bringing together different clients and EU decision-makers. It is also used to help nurture bonds between clients in an 114 Interview, Illona Kish, Secretary General, Culture Action Europe, Brussels, 15/11/2009. - 181 - effort to facilitate the formation of issue-based coalitions. Public authorities also host public events to spread ideas and bring people together. To some degree, however, these public events serve as a platform to sell the region or city on the merits of its potential for tourism. Thus, many public authority offices in Brussels are outfitted with special halls or conference areas. The Bavarian regional office, for instance, boasts an Octoberfest-styled beer hall serving up traditional wheat beer and white sausages to guests. The Baden-Württemberg office has a meeting room decorated to resemble the Bodensee area, a tourist hot spot in southern Germany. While somewhat less extravagant, the foyer of the Puglia office resembles a tourist gift shop, with shelves stocked with regional wines and glossy books on local culture and cuisine. As with information type, considered above, there is no firm and fixed relation between interest group type and the tactics it uses to transmit information to decisionmakers. The process is much more fluid. “There is,” as an ETUC representative put it, “no single template for” choosing how to provide decision-makers with information.115 The results above do, however, provide evidence for what Greenwood (2007) describes as the bureaucratization of interest group engagement with EU decision-makers. This is particularly relevant for companies, professional associations and trade unions, which indicate that they most frequently transmit information via open consultation. Open consultation formalizes the information transmission process in that EU decisionmakers ask interest groups for their informational input. For companies, professional associations and trade unions, then, the most frequently used information transmission tactic is not proactive (sending unsolicited information via letters and emails) but rather entirely reactive. 115 Interview, John Monks, General Secretary, ETUC, Brussels, 15/11/2010. - 182 - There are several important advantages to transmitting information through open consultation. First, decision-makers would be entirely more receptive to the information they receive through open consultation especially compared with unsolicited information sent via an email or, in particular, a media campaign. Second, by receiving a request for information, interest groups can provide very detailed and pointon responses. Open consultation specifies not only the issue at hand but also the information that is required by decision-makers. Other transmission tactics, because they rely on interest groups acting proactively, could very often fall on deaf ears. Importantly, even given these conditions, there does not appear to be a distinct division between diffuse and private interest groups. Companies, professional associations and trade unions all prioritize this information transmission tactic. Information Targets The previous sections examined both the type of information interest groups send to decision-makers as well as the tactics used to send this information to decisionmakers. In this section I will examine how the decision-makers themselves serve as informational targets for interest groups. Two questions will provide the focus of this section. First, which interest groups send information to which targets? Second, what factors influence how interest groups choose between different targets? There are several decision-making institutions in the EU that serve as viable targets for the information transmitted by interest groups. While an informational asymmetry exists within all of these decision-making institutions (Bouwen 2009; HayesRenshaw 2009; Lehmann 2009), each has its own specific informational needs. As Mahoney has argues, these needs are determined by the role of each institution in the legislative process as well as its openness or transparency with regard to interest group - 183 - input (Mahoney, 2008). Thus, for example, the European Commission is commonly thought to serve a largely apolitical function in the policymaking process, relying on interest groups to provide it with expert knowledge and technical information (Peterson 2006; Bouwen 2009; Michalowitz, 2004). Importantly, the Commission is also legally mandated to consult widely during the legislative process, ensuring input from many different types of interest groups. By contrast, the informational needs of the European Parliament follow its internal bifurcation as an effective branch of the legislative process and as a public arena for wider political debate (Lehmann, 2009: 55). For this reason, the Parliament relies on interest groups to supply it with “technical details and scientific expertise” as well as information about “wide ranging” issues, “like a cleaner environment, higher employment” that are “known to be of interest to a large number of citizens” (Ibid., 52; see also Michalowitz, 2004). It is also important that, while the Parliament is open to interest group input, it enforces a strict “code of conduct” that limits access by interest groups. The Council of Ministers, while perhaps less frequently lobbied than the Commission and the Parliament, is nonetheless an important lobbying target (Eising, 2007; Bouwen, 2002). However, whereas the Commission and Parliament are relatively open institutions, the Council is notoriously “opaque, closed, elusive and inscrutable, secretive, and intractable” (Hayes-Renshaw, 2009: 73). As such, it is less clear what the informational needs of the Council might be. The executive function of the Council means that technical details and expert knowledge are less important than in both the Commission and Parliament in that these details have already been worked out by the time they reach the Council (ibid). Research on the informational needs of EU decision-makers is closely linked to research on information type, and in particular, how information type is a function of interest group membership structure. The basic idea is that groups that have a natural - 184 - supply of some type of information will necessarily and deterministically transmit it to those decision-makers that require that type of information. Again, the focus is on private and diffuse interest groups. Thus, diffuse interests, having recourse to information about public opinion, will naturally target the Parliament because of its apparent need for information about public opinion. Further, private interests, having recourse to information about technical matters, will naturally target the Commission because of its apparent need for technical information. Of course, it is less certain which types of interest groups would lobby the Council or how other types of interest groups (consultancies and public authorities) might factor in. To what extent are assumptions about the informational needs of the Commission, the Parliament and the Council accurate? To which targets, more generally speaking, do interests groups transmit information? These questions are examined with reference to survey results. Importantly, this study considers the Commission, Parliament and Council as well as the Committee of Permanent Representatives (Coreper), and the two advisory bodies, the Committee of the Regions (CoR) and the European Economic and Social Committee (EESC). The last three targets receive very little attention in the existing literature and are rarely considered alongside the Commission, Parliament and Council as viable information targets. A few words on the informational needs of these other decision-making institutions are necessary before examining the survey results. Coreper is officially part of the working machinery of the Council and plays a pivotal gate-keeping role with reference to most legislation. Its work consists mainly of preparing the Council’s agenda by dividing the work into three categories: points where no ministerial decision is needed, points where decisions can be made without debate and points where debate is need. Importantly, members of Coreper are more like - 185 - political generalists, at least when compared to ministers, and are “experts in the substantive questions” of each issue (Lewis, 2006: 276). We might therefore expect interest groups to transmit technical information and expert knowledge to the Coreper. The CoR and EESC only have advisory roles in the EU policymaking process. This means that, on certain issues, the Commission and Council must consult with these institutions. Whether these consultations amount to anything is a different question altogether. Nonetheless, there is some evidence to suggest that both committees do play important roles in the EU legislative process and would therefore be important targets for various interest groups. The two committees’ respective representative mandates suggest which interest groups might view them as viable information targets. First, CoR represents sub-national governments in the EU, ranging from regional level governments to cities and municipalities. As such, we should expect to see public authorities taking advantage of this additional representative body. The EESC has a very specific mandate to represent employers, workers and, to a lesser extent, civil society (Westlake, 2009: 129). In particular, this implicates trade unions and perhaps NGOs as ideal interlocutors and information providers. This brings us to the survey results. Respondents were asked to identify how frequently (again on a 1 to 5 scale, with being “never” and 5 being “very often”) their organisation provides information to the following six EU decision-making institutions: (1) European Commission; (2) European Parliament; (3) Council of Minister; (4) Coreper; (5) Committee of the Regions; (6) European Economic and Social Committee. The results are presented in Table 11, below. - 186 - Table 11 Information Targets (Frequency of individual responses with percentages in brackets) 1 (never) 2 3 4 5 (very often) Total Mean Standard Deviation European Commission 8 (2.95) 25 (9.23) 53 (19.56) 86 (31.73) 99 (36.53) European Parliament 23 (8.36) 36 (13.09) 67 (24.36) 72 (26.18) 77 (28.00) Council of Ministers 70 (25.83) 68 (25.09) 74 (27.31) 39 (14.39) 20 (7.38) Coreper CoR EESC 109 (40.37) 74 (27.41) 53 (19.63) 23 (8.52) 11 (4.07) 119 (44.07) 78 (25.89) 36 (13.33) 11 (4.07) 26 (9.63) 107 (39.05) 79 (28.83) 51 (18.61) 22 (8.03) 15 (5.47) 271 (100) 3.89 1.09 275 (100) 3.52 1.25 271 (100) 2.52 1.22 270 (100) 2.08 1.14 270 (100) 2.06 1.26 274 (100) 2.12 1.17 The targeting of different EU institutions appears to follow mainly from two factors: institutional transparency and influence. As expected, the Commission is most frequently targeted by interest groups, followed be the Parliament and then, to a much lesser extent, the Council. It is likely the Commission’s open consultation procedure, its mandate to consult widely and its clear requirement for technical information that makes it such a viable target for interest groups. The Parliament’s dual role as legislative agent and arena for public debate makes it the target of much information coming from interest groups. Similarly, the Council’s lack of transparency and hence uncertain informational needs makes it less of a target despite the fact that it occupies a decisive position in the EU policymaking process. As expected, interest groups only very infrequently target the CoR and EESC. In fact, most respondents indicate only rarely targeting these committees. This might reflect the marginal role each institution plays in the decision-making process as well as their narrow representative mandates. Interest groups also rarely target the Coreper (in fact, less frequently than they target the EESC). These results are hard to explain given the decisive function of the Coreper and its apparent requirement for technical information. - 187 - Looking at the results organised by interest group type (in Graph 16, below), we can see that the Commission and the Parliament are the most frequent information targets for most interest groups in the EU. The only exception is public authorities, which transmit information more frequently to the CoR. This can be explained by CoR’s exclusive focus on sub-state representation. As a representative from the Catalonian EU office remarked, CoR is “the only real place where Catalonia has a voice.” To the Commission, Parliament and Council, by contrast, Catalonia needs to seek influence through the Spanish permanent representation in Brussels. This is the case for all public authorities. “When we speak at the Committee of Regions,” however, “we speak as Catalonia.”116 Just as public authorities were expected to frequently transmit information to CoR, the results show trade unions and NGOs to be the main suppliers of information to the other advisory body, the EESC. This likely reflects to the EESC mandate to represent workers, employers and civil society groups. 116 Interview, official, Generalitat de Catalunya. Delegación del Gobierno en Bruselas, Brussels, 7/12/2009. - 188 - The Commission’s requirement for technical information and expert knowledge seems to be addressed by all types of interest groups. Indeed, no single interest group dominates in this regard, especially not, as assumed, private interests like companies and professional associations. The fact that all types of interest groups frequently transmit information to the Commission clearly reflects the Commission’s mandate to consult widely during the early stages of the policymaking process. The Parliament’s presumed requirement for both technical information and wide-ranging information about citizen preferences is also addressed by a number of different types of interest groups. Information is most frequently transmitted to the Parliament by consultancies, followed closely by trade unions, professional associations and NGOs. Clearly, there is no natural link between diffuse interest groups and the Parliament’s apparent informational needs. The EU’s main decision-making institutions each have their own informational needs as a consequence of their unique place in the EU policy-making process. These needs are far more important in determining how interest groups transmit information than an interest group’s membership structure. Indeed, as the results above suggest, most interest groups in the EU frequently target the entire gamut of different decisionmakers at different times during the policy-making process. The clear prioritization of the Commission and Parliament reflect, once again, the exigency of providing informational input at the earliest stages of the legislative process. Interaction between Transmission Strategies So far we have examined strategies related to types, tactics and targets separately. But clearly, making choices about one requires consideration of the other two. None of these strategic choices exist in a vacuum. Hojnacki and Kimball (1999) - 189 - make this point in the context of lobbying in the committee stage of the legislative process in the US. Although bracketing off information type, they demonstrate that tactics and targets are “nonseparable”: “Both types of choice derive from the same set of strategic considerations, and it is likely that different tactics are more effective for reaching different targets” (1004) Baumgartner and Leech (1999) have also made a similar point. They argue that the strategies an interest group selects really depends on “which governmental targets to focus on and what type of approach to use”(147). I use these insights about the interdependence of strategies as the basis for an examination of how choices about types, tactics and target interact. The question here is: which types of information and which tactics are used for sending information to which targets? As we have seen, there is no deterministic link between certain groups and certain targets. But to what extent do assumptions about informational need, more generally speaking, hold up to empirical scrutiny? In particular, does the Commission receive substantially more information about technical and expert matters than the other decision-making bodies? Further, is this information sent, as assumed, via typical inside lobbying tactics? Is the Parliament a target primarily for information about public opinion that is sent via typical outside lobbying strategies? More generally, which types of information and which types of tactics are used to transmit information to the Council, Coreper, CoR and EESC? To answer these questions I have used survey data in an OLS regression analysis. This statistical analysis tests correlations between results for the three survey questions already discussed above: how frequently are different types of information transmitted to decision-makers; how frequently are different tactics used to transmit information to decision-makers; and how frequently do interest groups transmit information to different decision-makers. The results are presented in Table 12 below. - 190 - Table 12 Interaction of Information Types, Tactics and Targets Information Type Information Tactic Commission Parliament Information Target Council Coreper CoR EESC public opinion .04(.04) .001(.05) -.04(.06) -.06(.06) .2(.07)** .07(.06) legal Information feasibility of implementation economic impact social impact making technical / expert information understandable face-to-face meeting open consultation write letter write email -.06(.04) .18(.06)** .07(.05) .07(.07) .13(.06)** -.16(.08)* .14(.06)** -.001(.08) .11(.07) -.04(.1) .05(.06) -.2(.09)** .03(.06) .01(.05) .04(.04) -.04(.07) .18(.06)** -.009(.05) .05(.08) -.001(.06) .11(.06)* -.08(.08) .06(.06) .27(.06)** -.01(.1) -.02(.08) -.03(.07) .13(.09) .05(.07) -.09(.06) .15(.03)** .17(.08)** .41(.08)** .12(.08) -.21(.1) -.05(.09) .27(.05)** .12(.05)** .05(.07) .3(.06) .13(.06)** .02(.08) .03(.07) .17(.06)** .03(.09) -.13(.08) -.02(.08) -.02(.1) .13(.08) .008(.07) .17(.09) make phone call start media campaign host public event .02(.06) -.04(.04) .08(.07) -.01(.05) -.03(.07) .21(.06)** .03(.07) .14(.07)** .26(.08)** .07(.07) .15(.06)** .17(.09) -.09(.07) -.16(.08)* .27(.06)** .08(.05) .18(.06)** -.04(.06) .02(.07) .21(.08)** .05(.07) Constant R-squared Adjusted Rsquared N .47(.24)* .51 .48 -.5(.28) .51 .48 -.38(.30) .39 .36 .36(.31) .30 .26 1.8(.38)** .11 .06 .9(.34)** .20 .16 256 260 257 257 257 260 Note: entries are unstandardised OLS coefficients with standard errors in parentheses. *p<0.05; **p<0.01. Two of the assumptions made above linking types and tactics to targets are given some support in these results. First, interest groups do tend to use inside lobbying tactics with the Commission in order to transmit detailed, expert information about the feasibility of implementing certain policies. Second, there is a statistically robust correlation between sending information to the Parliament and that information containing details of the social impact of a policy. Further, the Parliament is the only institution to which interest groups transmit information through public events – a typical outside lobbing strategy. Nonetheless, and perhaps reflecting the bifurcated nature of the Parliament as both an effective legislative branch as well as an arena for public debate, information is also commonly transmitted to the Parliament via face-to- - 191 - face meetings and written letters (typical inside lobbying tactics). Generally speaking, then, it does appear as if the assumed informational needs of the Commission and Parliament affect the type of information that interest groups transmit as well as the tactics used to do so. Interest groups recognize, to speak with a representative from BusinessEurope, a large, Brussels-based professional association, that Commission “technocrats” are open to “technical arguments” while MEPs, being “political animals” are more open to receiving information about “the effects on everyday people, rather than dry arguments about some regulation.”117 NGOs also recognize the need to tailor information type and tactic to different targets. “You have to have the right message for the right audience,” as one NGO representative put it.118 “We have to change the message” for each EU institution, as Eurogroup for Animals representative explains. “For example, if you talk to the Commission, you can talk scientist to scientist. Whereas, when you go to the Parliament, you have to give the MEP something that they can show their citizens. So they like, much more, the ethical and the moral messages. We have to change the way we deliver the message too. The message can be the same, but it can be delivered in different ways depending on the audience.”119 Importantly, then, the target helps determine the type and tactic used, not interest group type. The above results illuminate some other interesting trends regarding the interaction of interest group strategies. For instance, the information sent to the Council tends to either be information that makes technical information understandable and relevant or legal information. This information is typically transmitted via face-to-face meetings, written letters and media campaigns. Importantly, there is a statistically robust negative correlation between sending information to the Council and sending 117 Interview, Andrew Jackson, Advisor, BusinessEurope, Brussels, 11/12/2009. Interview, Dr. Marlene Wartenberg, Director, Vier Pfoten, Brussels, 19/11/2010. 119 Interview, Martyn Griffiths, Executive Officer, Eurogroup for Animals, Brussels, 15/11/2010. 118 - 192 - detailed information about the feasibility of implementing a particular proposal. This result does seem to support the expectation that, by the time a proposal reaches the Council, most of the technical details have already been worked out. Like the Council, information sent to Coreper also tends to be legal in nature as well as information meant to make technical information understandable and relevant. But for Coreper, this information does not appear to be transmitted via face-to-face meetings but rather only through written letters and media campaigns. This result is difficult to explain given the fact that Coreper works on substantive issues that would best be served by direct information transmission tactics. Information sent to the CoR tends to be about public opinion that is transmitted via the hosting of public events. Public authorities are clearly implicated in these results in that they both target CoR more frequently than any other group and also tend to use these outside tactic very frequently. As discussed above, many public authority offices are outfitted with special halls or reception rooms for just such events. Lastly, the results for the EESC are rather ambiguous. While there is no specific information type robustly correlated with sending information to the EESC, there is an important negative correlation between transmitted information and information about the feasibility of implementing a policy. Perhaps this type of detailed, expert information is of little value to the EESC, which is more concerned with providing a form of representation to employers, workers and civil society groups. Conclusion One of the central purposes of this chapter was to bring some order to the complexity of the information transmission process. Examining information types, tactics and targets separately addressed this issue and also revealed some interesting trends regarding which interest groups transmit which types of information, using - 193 - which tactics to which decision-making targets. The results, drawing on an online survey and elite interviews, spoke to various long-held assumptions about how the membership structure of so-called private and diffuse interest groups determines a group’s strategic choices during the information transmission process. In particular, the results suggest that groups have a great deal of flexibility in selecting from a wide range of different information types. The results also challenged the assumption that diffuse groups transmit information via outside strategies while private groups transmit information via inside strategies. It seems that interest groups also enjoy considerable flexibility in this regard, with fast and reliable tactics being prioritized by most groups. Assumptions that diffuse groups target the Parliament while private groups target the Commission were also laid to rest. It appears the choice of targets is part of a much more complex set of strategic choices. Nonetheless, there are strong links between the two advisory institutions and the types of interest groups that prioritize them as information targets. This analysis also considered how strategic choices in the information transmission process interact. Three assumptions in particular were given some support: first, the Commission is a prime target for technical information and expert knowledge; second, the Parliament is a prime target for information about the social impact of particular policies; and third, the Council, perhaps reflecting its executive function, is not a good target for technical information. One of the central aims of this chapter was to expand the range of interest groups considered beyond the standard dichotomy of private and diffuse interests, providing insights into how other types of groups, in particular public authorities and public affairs consultancies, transmit information to EU decision-makers. Of course, it would prove useful to expand the list of interest groups under consideration to include groups - 194 - of religious representatives, thinks tanks and law firms. Only with the inclusion of these groups will a more complete picture of information transmission the EU be obtained. Nonetheless, the comparison of the groups considered in this chapter represents a good start in this direction. - 195 - Chapter 8 INFORMATION PROCESSING AND INTEREST GROUP INFLUENCE IN THE EU The central aim of most lobbying activity is to influence the policymaking process. Indeed, this is implied in the way that interest groups represent the concerns and welfare of their members to decision-makers. Despite being such a fundamental aspect of what interest groups do, surprisingly little scholarly work has taken up the task of measuring the extent to which different interest groups exert influence. One of the reasons for this lack of scholarly attention is the difficulty associated with empirically measuring influence – it is incredibly difficult, if not impossible, to categorically attribute a policy outcome to a specific interest group activity (Mahoney, 2008: 183; Dür, 2008a&b). It is thus commonplace, and even expected, for scholars to “avoid the topic altogether” if not “at all costs” (Dür and de Bièvre, 2007a: 3; Mahoney, 2007: 35). Addressing this lacuna, the preceding chapters have taken up an information processing theory of interest group influence in the EU. The starting point for each chapter was that interest groups are not primarily agents of pressure trying to change the minds of “unfriendly” decision-makers using various pressure and purchase tactics. Rather, interest groups are much better understood as informational service bureaus most commonly providing a form of professional labour to “friendly” decision-makers. The basic premise examined in this analysis is that interest group influence is a function of this informational service; more specifically, information gathering, information networks, information transparency, and information transmission – what I refer to together as “information processing.” The present chapter moves beyond a consideration of the component parts of information processing and sets out to provide - 196 - a confirmatory analysis linking information processing to interest group influence. This requires a consideration of not only the causes of interest group influence (information processing) but also its effects. To this end, I argue that, insofar as information processing is not meant to change minds it will not be evinced in policy outcomes. Rather, the effects of efficient information processing are evident in interest group interaction with decision-makers. Presuming that decision-makers wish to maximize the probability of receiving policy relevant information, they will seek to interact with those interest groups that are the most informed on a given topic, and that are the most reliable and efficient information providers. In short, decision-makers will seek out the most efficient information processors. As such, I propose the following primary hypothesis: The more efficient interest groups are at information processing, the more frequently they will interact with EU decision-makers. As with the previous chapters, one of the central aims here is also comparative. Thus, I ask: how do different types of interest groups vary in terms of their information processing ability? The extant interest group literature suggests that diffuse interests, like NGOs and trade unions, are systematically excluded from the EU decision-making process and that private interest groups, like companies and professional associations, exercise considerable influence on policy-outcomes. The results from an information processing theory of influence find, however, that these assumptions are largely unfounded. I find that no single interest group type dominates the EU policy-making process. Rather, interest group influence in the EU appears to be balanced and relatively unbiased. This chapter is organised as follows. First, I briefly review the conceptual and methodological issues related to measuring influence. Next, I put forward an information processing theory of interest group influence examining how we need to - 197 - rethink both the causes and effects of interest group influence. I then outline my research design, discussing the variables I use to measure interest group influence in the EU. This is followed by a presentation of the results from an empirical analysis of a large-scale online survey of interest group representatives in the EU. Measuring Interest Group Influence Measuring interest group influence is tricky business. Methodological difficulties have led scholars to shy away from the topic altogether. As discussed in detail in chapter 2, the research that does address the issue of influence invariably conceptualizes it in terms of a Weberian notion of power: the ability of one actor to force another actor to pursue a course of action they would not otherwise have pursued. Influence, therefore, is the power that makes a decision-maker “deviate from (his) predicted path of behaviour” (March 1955: 435). Influence, however, remains a nebulous concept that is typically operationalised using a series of proxies for measuring both its causes and effects. As “cause,” or the ability to control outcomes, influence is typically related to interest group resources, group organisation (i.e., diffuse or private) and, to a lesser extent, the institutional setting of the policy process and the policy issue itself (Mahoney 2007 & 2008; Michalowitz 2007; Eising 2007). As “effect,” influence is evinced in the extent that an interest group is able to realize its own preferences. This is measured as the degree to which groups have changed the minds of decision-makers (Michalowitz 2007; March 1955) or the similarity of a group’s initial aims and the end policy outcome (Mahoney 2008; Burnstein and Linton 2002; Klüver 2009). The scant work that has been done on interest group influence in the EU provides only limited insights derived from institutional analyses and small-N studies. Most of this work suggests that, on balance, private interest groups tend to have more influence - 198 - than diffuse interest groups.120 Indeed, diffuse interest groups are systematically excluded from the policy-making process while private interest groups exercise considerable influence. For Pollack (1997), the multiple points of access made available to diffuse groups at the European level provide unique opportunities for influence but they are, importantly, strongly tempered by risks. Persson’s examination of the Open Consultation process found that companies and professional associations “contributed more” to the policy-making process than NGOs (223). By the same token, Dür and de Biévre (2007) present evidence that, while NGOs have access to EU decision-makers, they are hard pressed to translate it into real influence. Additional evidence that private interest groups have more influence than diffuse interest groups comes from widely held yet largely untested theoretical assumptions about the nature of interest intermediation in the EU. The basic premise is that different systems of interest intermediation provide different constraints and opportunities for different interest groups to influence policy outcomes. In the EU, scholars have long debated the nature of the system of interest intermediation. Has the EU adopted the neo-corporatist model of its most powerful Member States (Germany and France)? Or is the system more akin to an American-style pluralism? While various features of the EU system suggest a form of neo-corporatism, in particular through the mechanisms of the Social Dialogue that institutionalizes interaction with peak employer and employee associations at the European level, a number of scholars agree that the EU system of interest group intermediation can best be described as a unique form of elite pluralism (Mazey and Richardson, 1997; Coen, 1997 & 1998; Cowles, 2001). Elite pluralism is a system that privileges only a select type of interest groups. The EU’s multiple points of access at different levels of government potentially provide access to a wide range of 120 For an exception, see Mahoney’s admittedly “initial investigation” that finds that the EU is “responsive” to a broad range of interest groups (2008: 205). - 199 - different types of interest groups. The regulatory rather than political priorities of the EU, however, make decision-makers particularly open to input on market-related issues. It is in this sense natural for EU decision-makers, requiring market-related technical information, to invariably turn to private interest groups and not diffuse interest groups for their informational needs (Coen, 1997 & 1998; Cowles, 2001; Hueglin, 1999). Information Processing and Interest Group Influence Do private interests really have more influence than other types of interest groups in the EU? What about consultancies and public authorities? Answering these questions requires rethinking the nature of influence itself. As I have argued in chapter 2, conceiving of influence through a Weberian lens of power is out of step with recent insights from the rest of the interest group literature. Studies of interest group behaviour form a near consensus that interest groups tend to lobby friends and not, as expected, foes. Lobbying consists of the exchange of information between well-informed interest groups and decision-makers who are pressed for time and under-staffed. Sending information to unfriendly decision-makers in order to change their minds is too costly and the results too uncertain (Lowery, 2007). Given their limited resources, interest groups therefore focus on transmitting information to those who are already most likely to support their cause (Bauer, Pool and Dexter, 1968; Crombez, 2004; Heinz et al., 1990; Hojnacki and Kimball, 1999). The goal of lobbying is not primarily to change the minds of those who do not agree with you (foes), but rather to subsidize the work of those who already do (friends). It is in this light that Hall and Deardorff (2006) have argued that interest groups are better understood as service bureaus or adjunct to staff of allied decision-makers rather than agents of pressure (see also Potters and van Winden, 1992). - 200 - Thinking about influence in terms of the informational service that interest groups provide decision-makers requires rethinking both the causes and effects of interest group influence. It is prudent to consider each in turn. First, consider the effects of interest group influence. The central difference between treating interests as service bureaus rather than agents of pressure is that the former lobby friendly decision-makers rather than unfriendly ones. Lobbying friends implies that interest group preferences are congruent with decision-maker preferences. By contrast, lobbying unfriendly decision-makers implies a dissonance of preferences between the two groups of actors. This difference speaks to the type of outcome we can expect from interest group influence. Only in the case of lobbying unfriendly decisionmakers could we expect the outcomes of lobbying to reflect how far interest groups have forced decision-makers to “deviate from their predicted path of behaviour” (March 1955: 435) or the extent to which interests approach their “ideal points” (Dür and de Bièvre 2007a: 3). None of these outcomes remain relevant, however, when interest and decision-maker preferences are already aligned. The factors that determine the causes of interest group influence also need to be reconsidered. Resources and interest group organisation, typically used to operationalise influence, fail to explain how influence is transformed into specific outcomes and overlook the central role played by information in the interactions between interest groups and decision-makers.121 This is a particularly grave oversight given that legislative institutions in the EU actively generate a huge demand for policy information (as discussed in detail in chapter 6 and 7). Both informal and formal 121 As I state in chapter 2, the argument is not that resources do not matter. Clearly, resources can play a big role in effective information gathering, information generation through research, as well as information transmission tactics. The issue is how resources are directed to these activities in a timely and efficient manner. Clearly, resource-rich interest groups could very well place few resources in its information processing activities while a resource-poor group could place all its resources in its information processing activities. Thus, while resources matter, they only tell us a very small and potentially very misleading part of the story. - 201 - institutions mandate EU decision-makers in the Commission, for instance, to consult widely with interest groups during the legislative pressure (European Commission, 2002: 3). Indeed, all of the EU’s decision-making bodies are deeply affected by the conditions of informational asymmetry and rely on interest groups for a steady supply of policy relevant information (Bouwen, 2009; Hayes-Renshaw, 2009; Lehmann, 2009). To be sure, it has long been recognized that information is the currency of lobbying in Brussels, much more so than so-called pressure and purchase tactics (Broscheid and Coen, 2007). But the research that does address the informational nature of lobbying in the EU tends to focus on the demand-side of this informational relationship, examining the institutional factors that draw EU decision-makers to consult with interests in the first place (Crombez, 2002; Eising, 2007; Bouwen, 2004). What is missing from the existing research is a systematic consideration of how interest groups provide decision-makers with policy-relevant information. In the previous chapters we have examined this process in terms of four related activities: information gathering, information networks, information transparency and information transmission. We can now bring these four factors together to empirically test how they determine interest group influence more directly. Measuring Influence How can we measure influence if it is a function of interest group information processing? Which factors account for the causes of influence and which the effects? I argue that interest groups, understood as informational service bureaus, exert influence through information gathering, information networks, information transparency and information transmission. As presented in the previous chapters, groups that can quickly gather and filter information, generate it through flexible research strategies, - 202 - circulate and share it within networks, provide accurate and complete information to reduce the verification costs of decision-makers, and pursue multiple strategies for transmitting it to decision-makers have a strategic advantage over groups that cannot. Proficiency in gathering, networks, transparency and transmitting information all cater specifically to decision-makers’ needs for timely, reliable and efficient information. The effects of influence also need to be rethought. If influence is not evinced in changed minds and specific policy outcomes, then how do we know when influence has occurred? I propose that the effect of interest group influence is reflected in the frequency with which interest groups interact with decision-makers. Decision-makers, short on time, resources and staff, will actively seek to interact with interest groups providing efficient and reliable information. Moreover, assuming that some groups will be better information processors than others and that decision-makers wish to maximize the probability of receiving as much policy relevant information as possible, decision-makers will seek out those groups that are the most reliable and efficient information providers. Interaction also begets more interaction. Decision-makers would presumably return to reliable and efficient information providers time and time again, rather than run the risk of interacting with unproven and uncertain groups. Having refigured both the causes and effect of interest group influence in this way, I hypothesize: The more efficient interest groups are at information processing, the more frequently they will interact with EU decision-makers. In what follows I will discuss how I measure information processing and frequency of interaction using survey data. The Dependent Variable: Interaction with Decision-makers - 203 - The effects of interest group influence can be measured by looking at the frequency of interactions between interest groups and EU decision-makers. Interaction was tapped in the survey by asking respondents how frequently their organisation was in contact with the European Commission, European Parliament, Council of Ministers, Coreper, the Committee of Regions and the European Economic and Social Committee. This is an admittedly blunt measure and it might be argued that simple interaction, especially self-reported by interest groups, does not capture the type of mutually beneficial relationship between interest groups and decision-makers sketched above. However, this measure not only draws considerable support from research on how interest groups lobby friends rather than foes (Bauer, Pool and Dexter, 1963; Berry, 1977; Hall and Deardorff, 2006; Baumgartner et al., 2009) but also from empirical research on the perspective of EU decision-makers in the Commission, Parliament and Council. There is compelling evidence from a recent Burson Marsteller study that EU decision-makers do indeed value interest group “lobbying” because it can “translate technical and scientific information into relevant information,” and because it can provide an arena for “sharing expertise.” Perhaps even more importantly, EU decisionmakers consider interest groups crucial for “providing (them) with what (they) need to make informed decisions” (Burson Marsteller, 2009: 11 & 23). Frequency of interaction was measured on a scale of 1 to 5, with 1 being “never” and 5 being “very often.” Individual interaction with each institution is less important then a given interest group’s overall frequency of interaction with all groups. As such, a composite measure of interaction was calculated as the sum of the averages of an interest group’s contact with decision-makers. It is important to add that this measure does not disaggregate between different decision-makers in the various institutions, for instance, between the committees of the Parliament and the MEPs themselves (cf. Eising, - 204 - 2007). This measure also does not account for differences between the EU’s main decision-making institutions. For instance, it has long been held that the Commission is the royal road to influence, and groups seeking access are advised to target this institution. Nonetheless, following several treaty revisions that have empowered the Parliament and the general importance of Council in the EU legislative process, the Commission is certainly not the only target that interest groups have in their sights. All of the EU’s decision-making institutions are slowly being recognized as important lobbying targets. The Independent Variable: Information Processing As previously stated, information processing is conceived in four dimensions: information gathering, information networks, information transparency, and information transmission. In what follows I first operationalise information processing in each dimension and then present a series of working sub-hypotheses for each of these four dimensions. Information Gathering Information gathering refers to how interest groups monitor EU activities using a multitude of information sources and how they generate information through research. The key to information gathering is timing: knowing when and how to act and react in a timely and efficient manner. Indeed, being too late or missing a window of opportunity to provide information to decision-makers makes all of the other activities related to information processing irrelevant. I measure information gathering with three variables: monitoring EU activities using EU formal and informal information sources to - 205 - keep up to date on EU activities and conducting research in order to respond to the informational needs of decision-makers. First, monitoring was tapped in the survey by asking respondents how much importance they accord “monitoring EU activities.” The assumption is that interest groups that place greater importance on monitoring are better able to keep up-to-date on EU activities. Second, respondents were asked to identify the importance of twelve different types of information sources. Following insights presented in chapter 4, I have re-coded these different sources into three basic types: EU information, formal information and informal information. The assumption, following from the results presented in chapter 4, is that EU and informal information sources are an interest group’s best bet for keeping up-to-date on EU activities. The use of formal sources, by contrast, should prove less useful in this sense. Third, research was tapped by asking groups about the importance of both “doing research” and “commissioning private research studies.” A composite research variable was calculated as the sum of both types of research. The assumption is that groups that place more importance on research will be better prepared to respond to the informational needs of decision-makers than groups that place less importance on research. Information Networks Drawing on the strength of weak-ties argument, information networks refer to the frequency and diversity of contact that interest groups have with other organisations. Frequent contact with “unlike” interest groups presumably nurtures the sharing of new but largely unreliable information among network members. By contrast, frequent contact with “like” interest groups presumably nurtures the flow of largely redundant but reliable information among network members. Following Granovetter, - 206 - the strength of weak-ties lies in the alleged informational advantage of new and novel information. Networks are the social side of the information gathering processing in that they play a key role in how groups are able to keep up to date on EU activities and act or react in a timely and efficient manner. Chapter 5, however, presented evidence that weak tie networks might not be as important for information circulation in the EU as expected. Strong-tie networks are favoured because of the EU’s prioritization of network representativeness and the nature of competition for information between interest groups. This chapter provides a further opportunity to test the strength of weak tie argument. Strong-ties and weak-ties were tapped by asking respondents about the number and diversity of their contacts with other organisations as well as questions about an interest group’s basic prioritization of strong-tie or weak-tie tendencies. A strong-tie and a weak-tie measure were calculated using all of these data (interacting with other groups because they have similar goals and interests or because they offer new information, contacts and ideas as well as interacting based on the underlying impulse to either make new contacts or maintain existing contacts). Information Transparency Information transparency relates to the basic conditions under which information is transmitted to EU decision-makers. To what extent do decision-makers receive accurate and complete information (reflecting interest group probity) and to what extent do they receive erroneous and incomplete information (reflecting interest group dissembling)? Rampant dissembling places considerable strain on the information transmission process. It forces decision-makers to implement costly oversight and monitoring procedures and creates a general sense of mistrust and uncertainty in the interaction of interest groups and decision-makers. Information - 207 - transmission under open and transparent conditions, where groups act in an honest manner and provide complete and accurate information, nurtures the mutual benefits that interest groups and decision-makers derive from interacting with each other. Decision-makers receive policy-relevant information to help actualize policy outcomes, and interest groups receive legitimate access to the decision-making process as well as a reliable and cost-effective way to represent their interests at the EU level. Transparency was tapped by asking interest groups about the reasons why they provide information to decision-makers: To change the minds of decision-makers or to support them. Changing minds implies a divergence between interest group and decision-maker preferences. This same divergence is linked to increased interest group dissembling. Supporting decision-makers implies a convergence of interest groups and decision-maker preferences and is linked to increased interest group probity. Information Transmission Information transmission refers to the actual provision of information by interest groups to decision-makers. It involves the various types of information being provided, the tactics used to provide this information, and the decision-makers at which this information is targeted. Importantly, both the type of information sent and the tactics used to send it have been linked to interest group influence in the existing literature. First, there is some evidence suggesting that the transmission of more types of information might provide certain groups with an advantage over other groups (Eising, 2007; Baumgarter and Leech, 1997). It is really a matter of odds. Sending more information increases a group’s chances of further interaction with decision-makers. Second, the way information is sent has been linked to the persuasiveness and perceived importance of the actual content of the information itself (Rasmusen, 1993). For - 208 - instance, certain tactics (or modes of information transmission) have a particular “attention-getting” value and can be used to effectively transmit otherwise “content-less information” (Ibid.). Similarly, tactics can be used to enhance the message contained in the information. The frequent use of costly tactics, for instance, increases the persuasiveness, political salience, importance and even reliability of information (Potters and van Winden, 1999). There is, then, a significant difference between transmitting information via an email and doing so via a large-scale public event or media campaign. For information type, respondents were asked to identify how frequently they provide decision-makers a range of different information types (see chapter 7 for a full discussion of types, tactics and targets). Working from the assumption that groups that are able to transmit more diverse types of information to decision-makers will have an advantage over groups that cannot, I have calculated the sum of survey responses for all information types to generate a composite measure. A similar composite measure is calculated for tactics. The basic premise here is that the tactic that is used has an effect on the persuasiveness, importance and salience of the information being sent. Costly tactics increase the importance of the information and lead decision-makers to take it more seriously. It is, however, very difficult to definitively rank-order these different tactics in terms of costliness. For instance, how and in which way is writing a letter more costly than participating in open consultation? Using a greater number of tactics, however, is more costly then using fewer tactics and can reasonably be expected to affect the importance and persuasiveness of information. I therefore measure tactics by calculating the sum frequency of all channels used by a given interest group. - 209 - Lastly, the information asymmetry that defines the relationship between interests and EU decision-makers persists in all of the EU’s main decision-making institutions. As such, interests are faced with various targets that are open to information transmission at different stages of the legislative process. As with information type, the general rule of thumb for information targets is that more is better. Frequently sending information to a greater number of decision-makers increases a group’s odds of impacting policy whether it is early on in the proposal stage of legislation or later, at the decision-making stages. A sum of the scores for all responses provides a composite measure of information targets. Following from the above, I posit the following set of sub-hypotheses: Information Gathering H2 the more importance interest groups place on monitoring, the more frequently they will interact with EU decision-makers H3 the more EU and informal sources of information interest groups use to keep track of EU activities, the more frequently they will interact with EU decision-makers H4 the more importance interest groups place on research, the more frequently they will interact with EU decision-makers. H5 the more weak tie networks interest groups have, the more they will interact with EU decision-makers H6 the more importance interest groups place on providing information to “support” decision-makers, the more frequently they will interact with EU decision-makers. H7 the more types of information interest groups transmit, the more they will interact with decision-makers H8 the more tactics interest groups use to transmit information, the more they will interact with EU decision-makers H9 the more types of decision-makers at which interest groups target information, the more frequently interest groups will interact with EU decision-makers. Information Networks Information Transparency Information Transmission - 210 - Empirical Analysis The following empirical analysis uses results from an online survey of interest group representatives active in lobbying EU decision-makers. I examine the survey data in two ways: first, through an OLS regression analysis and, second, using descriptive statistics. The regression analysis tests my hypothesis using data from all 308 respondents without distinguishing among interest group types. OLS regression was selected because survey data represent continuous variables where each observation is from a single interest group. The descriptive statistics, by contrast, compare information processing and interaction with decision-makers in six different types of interest groups. OLS Regression Analysis Table 13, below, displays results for an OLS regression analysis of thirteen variables related to information processing and correlated with interest group interaction with EU decision-makers. - 211 - Table 13 Determinants of Interest Group Interaction with EU Decision-Makers Variable Importance of Monitoring EU Sources Formal Sources Informal Sources Research Strong-ties Weak-ties Support Decisionmakers Change Minds of DecisionMakers Information Types Information Tactics Information Targets INFORMATION PROCESSING Constant R-squared Adjusted Rsquared N Model 1: Information Gathering .06(.06)* Model 2: Information Networks Model 3: Information Transparency Model 4: Information Transmission Model 5: Information Processing .17(.06)** .16(.07)* .2(.07)** .1(.04)* .1(.07) .4(.08)** .23(.05)** .2(.04)* .03 (.03) .09 (.03)** .67 (.03)** .9(.08)** .26(.33) .25 .24 1.14 (.3) ** .13 .12 1.2(.2)** .22 .21 .68 (.59)* .75 .75 -.2(.2) .41 .41 211 217 236 242 192 Note: entries are unstandardised OLS coefficients with standard errors in parentheses. *p<0.05; **p<0.01. Model 1 tests information gathering measured as the importance of monitoring, the use of EU, formal and informal information sources and the importance of research. The results suggest that all four variables are important determinants of an interest group’s frequency of interaction with decision-makers. As expected, the use of EU and informal information sources appears to be a somewhat more important determinant than formal information sources. EU and informal sources, as discussed in chapter 4, provide interest groups with the timeliest and most reliable means for keeping up-todate on EU activities and anticipating the information needs of decision-makers. Formal - 212 - sources, by contrast, while still important, tend to be less timely and provide more redundant information to interest groups. Monitoring EU events and activities as well as stressing research strategies also lead interest groups to more frequent interaction with EU decision-makers. The results in model 1, then, provide support for hypotheses 2, 3, and 4. Model 2 tests the significance of information networks on interest group interaction with EU decision-makers. There is a high statistical significance and a positive correlation between weak-ties and an interest group’s frequency of interaction with decision-makers. By contrast, strong-ties are negatively correlated with interaction and the results are not statistically significant. The results lend support to the strength of weak-ties hypothesis and the notion that such networks facilitate the efficient flow of new and novel information between network members. The trust and reliability of information that characterizes strong-tie networks appears to be a less important determinant of interaction frequency. These results contrast with the results presented in chapter 5 where it was shown how strong-tie networks tend to trump weak tie networks in the EU. It is difficult to explain the ambiguity of the results. One potential explanation that is not captured in chapter 5 is that networking is not only limited to networking with other interest groups but also with decision-makers. Strong-tie and weak-tie data is derived from two sources: an interest group’s interaction with “like” and “unlike” interest groups as well as the extent to which interest groups prioritize seeking out new contacts and the reasons why they do so (novel ideas, new information, new contacts). This second set of indicators not only refers to contacts with other interest groups but can potentially include contacts with decision-makers. Prioritizing new contacts and the reasons for doing so might be part and parcel of interacting with EU decision-makers. This might explain why weak-tie scores are highly correlated with - 213 - interaction. Despite contrasting with the results in chapter 5, the results of the regression analysis do lend support to hypothesis 5 and Granovetter’s strength of weakties hypothesis. Model 3 tests information transparency and interest group interaction with EU decision-makers. Unlike model 2, the results here do provide support for the findings presented on transparency in chapter 6. Providing information to decision-makers in order to support them is a better determinant of interaction than providing information to change their minds. Interest group honesty and probity in the information transmission process means that decision-makers need to be less concerned with issues of information verification as well as oversight and monitoring practices. By the same token, when decision-makers trust interest groups and the information they get, they will be more open to interacting frequently with these interest groups. Hypothesis 6 is borne out by these findings. Model 4 tests information transmission and interest group interaction with decision-makers. Results suggest that those groups using a greater variety of information tactics and targets will also interact more frequently with decision-makers. By contrast, the type of information being sent is statistically less important. Sending more types of information does not appear to relate to more interaction with decisionmakers. It is, then, not the type of the information that is important, but rather the way that this information is being sent. One interest group representative explained how what you say is less important than how you say it: “the first thing you have to do is get them to listen. You have to make your case in an attractive way” and this means selecting tactics that transforms “didactic” information that makes “people switch off” into something more appealing.122 For another interest group representative, the 122 Interview, John Monks, General Secretary, ETUC, Brussels, 15/11/2010. - 214 - determinant of “if something will be on the table and how long it will be on the table is the ‘how’. The more professional, the more serious you are presenting a topic, the higher the success is.”123 It appears as if groups can dramatically enhance the persuasiveness, salience and importance of the message by using different tactics to send information. As such, the evidence for information transmission clearly bears out hypotheses 8 and 9 but not 7. Finally, model 5 brings gathering, networking, transparency and transmission together in a single information processing score. The regression results support the primary hypothesis of this chapter. That is, interest groups that are better information processers will also have more frequent interaction with EU decision-makers. Descriptive Statistics While the OLS regression results show some evidence that information processing determines interest group interaction with EU decision-makers, they do not distinguish between different types of interest groups. Moreover, they cannot say much in terms of the assumed dominance of private interest groups at the expense of diffuse interest groups in the EU (discussed above). To this end, descriptive statistics are used to compare how variation in information processing in different types of interest group correlates with interaction with EU decision-makers. Graph 17, below, plots the dependent variable, frequency of interaction with decision-makers and cumulative scores for information processing (bringing together gathering, networks, transparency and transmission). All values are aggregate mean scores organised by interest group type. 123 Interview, Dr. Marlene Wartenberg, Director, Vier Pfoten, Brussels, 19/11/2010. - 215 - Graph 17, above, reflects the same correlation between information processing and interaction with decision-makers that was established in the regression analysis. Those groups that are more efficient information processers, in other words, tend to have more frequent interaction with EU decision-makers. This trend holds for all six interest group types. The same data, however, provide little support for elite pluralism in the EU -- the assumption that private interest groups have more influence than diffuse interest groups. In fact, companies and professional associations (private interests) as well as trade unions and NGOs (diffuse interests) have remarkably similar scores on both variables. The presumed superior resources of private interest groups coupled with privileged access to the EU decision-making process based on the EU’s need for so-called technical information do not appear to be important determinants of influence. Resources, while important for effective information processing, are not deterministically correlated to it. Moreover, as discussed in previous chapters, private interest groups and diffuse interest groups (as well as consultancies and public - 216 - authorities) all have access to the type of technical information the EU requires given the regulatory dimensions of its main policies. Lastly, the results lend some support to the effects of the Commission’s own mandate to consult widely with a diverse array of interests groups in order to curb the potential for the systematic exclusion of some interest groups. There appears, then, to be a diverse and fair representation of different types of interest groups in terms of interest group influence. Comparing interest group influence is best served by not only disaggregating diffuse and private types of interest groups, but also by expanding the comparison to include public authorities and consultancies. The results in Graph 17 suggest that public authorities are, indeed, very similar to other types of interest groups in terms of both information processing and interaction with decision-makers. Regions, cities, municipalities and local authorities cannot be discounted as providing an important informational service to EU decision-makers. By the same token, their effect on the EU policy-making process needs to be considered alongside other interest groups. Consultancies also cannot be overlooked. Indeed, as the results above indicated, consultancies stand out on both variables: they have the highest scores for both information processing and interaction with decision-makers. This should not be interpreted as consultancies dominating the EU policy-making process. Consultancies, after all, do not represent their own interests but rather the interests of others, ranging from private to diffuse interests as well as the interests of public authorities. The high scores of consultancies, therefore, reflects what Lahusen (2002) recognizes are the professionalization of lobbying in Brussels. More and more, interest groups are seeking out the services of consultancies in the EU. The ever-increasing complexity of EU politics as well as the acknowledgment that interest representation starts with effective monitoring and networking increases the value-added of consultancies. The more - 217 - important question, given the high scores for consultancies, is which interest groups consultancies have as clients – after all, as Lahusen points out, “clients say something about the type of interests which consultancies tend to serve” (2002: 707). Lahusen’s study found that consultancies tend to have a diverse client base, ranging from trade associations, companies, NGOs and government institutions. However, when asked to rank the importance of their clients, most consultancies placed private interests slightly ahead of trade unions, governmental institutions and NGOs, reflecting what Lahusen identified as the apparent “predominance of economic and industrial interests in the EU” (707f). This ranking could be misleading in that the parameters of “importance” are not clearly identified. Is importance based on amount of time spent with a client or the amount of money the client generates for the consultancy or even the perceived importance of a client in a given policy area? What is clear, however, is that consultancies in the EU stress the formal and informal management of representative issue coalitions – that is, pairing NGOs with private interests, for example, on a single issue in order to cater to the EU’s strong preference for dealing with groups representing a broad spectrum EU citizens from a wide number of EU Member States (discussed in detail in chapter 5). The fact that many consultancies work as facilitators of representative networks tempers the findings presented in Graph 17. It even provides further support that interest group influence in the EU tends to be fair and diverse across a wide range of interest group types. Again, the conditions for elite pluralism are not substantially present in the EU. Conclusion This analysis has presented evidence that an interest group’s information processing ability (understood as information gathering, information networks, - 218 - information transparency and information transmission) is an important determinant of how frequently interest groups interact with EU decision-makers. From the theoretical framework developed above, this reflects a measure of interest group influence that is more in step with current thinking about the nature and activities of interest groups, less as agents of pressure and more as service bureaus to allies. Providing reliable and efficient information to friendly decision-makers is key to exercising influence and those groups that are more efficient information processors wield more influence than other interest groups. The comparative dimension of this study provides considerable evidence challenging long-held assumptions about the dominance of private interest groups in the EU. Rather than an elite pluralism, where only private interest groups influence the EU decision-making process, my findings suggest a much more balanced and unbiased influence coming from a wide range of different types of interest groups. Broadening the comparison to public authorities and consultancies also provides some new insights into the nature of interest groups influence in the EU. The results for public authorities show them as comparatively efficient information processors, operating in many regards like other interest groups. This result gives purchase to the vast literature on the role of substate actors in the EU legislative process (Hooghe and Keating 1994; Keating and Hooghe, 1996; Moore, 2008). The high scores for consultancies do not suggest that consultancies themselves have more influence than other groups. Rather, it underscores the professionalization of interest representation in the EU as well as the importance of information input from networks of groups that embody “representativeness.” More generally speaking, the results of this analysis suggest not only that a theory of information processing provides a new way of understanding interest group activities but also that it provides new insights into the nature of the EU system of interest group - 219 - intermediation. Insofar as the theory of information processing put forward in this analysis does away with long-held misconceptions of interest group influence, it gives a more accurate impression of the overall footprint of lobbying in the European Union. - 220 - CHAPTER 9 Interest Groups and the Future of Associative Democracy in the EU This analysis began with the basic insight that the assumptions we make about the nature of interest group activity have a strong bearing on how we understand interest group influence. Negative characterizations of interest group lobbyists as cheats and con artists are not only ubiquitous in the media but seem to pervade much of the scholarly work on interest group influence as well. Indeed, the extant research on interest group influence has invariably been based on the idea that interest groups employ (undue) pressure and purchase tactics in an effort to change the direction of policy outcomes as well the minds of decision-makers. Yet, as I have argued throughout, these assumptions are inconsistent with the rest of the interest group literature. Research on influence seems to exist as a small and isolated niche area of study suffering from a lack of cross-pollination with work on issues like group mobilization and behaviour. There is indeed a large body of research suggesting that interest groups are far less likely to lobby in order to change the minds of those who disagree with them than to lobby those who already do. Interest groups, in other words, tend to lobby friends, not foes. Understanding interest group influence in this new way challenges how we think about both the causes and effects of influence. As such, I have argued that interest groups represent their interests at the European level primarily by providing an informational service to friendly, information-starved decision-makers in exchange for legitimate access to the policy-making process. One of the central goals of this analysis was to unpack and understand what this informational service entails and how it can be related to interest group influence within in a comparative context. The theory of information processing established in chapter 2 did just that. - 221 - Rethinking interest group influence in terms of information processing not only brings the study of influence in line with the rest of the interest group literature, but its also leads us out of the methodological dead end that has dogged previous studies. The empirical examination conducted here, then, provides a more accurate picture of interest group influence in the EU. Moreover, the comparative nature of this analysis tells us about the relative influence of different types of interest groups in the EU. It is therefore time to take stock of these findings and ask how and why they matter within the context of larger debates about interest group influence, EU intermediation of interest group activity and the role of associative democracy in the EU. Thus, by way of conclusion, the present chapter will serve several purposes. First, it reviews the main empirical findings of this analysis organised around the four dimensions of information processing: information gathering, information networks, information transparency, and information transmission. Second, it examines what this analysis adds to the related questions of fair and diverse interest group influence in the EU and the issue of how interest groups (via associative democracy) assuage the EU’s democratic deficit. Third, I examine the policy implications of these findings with reference to recent developments in EU policy. Lastly, I look at the direction that future research on interest group influence might take and how future studies can improve upon the current analysis. Taking Stock: Interests, Information and Influence Information processing consists of four dimensions in two stages. The preadvocacy stage consists of information gathering and information networks and centres on the preparatory work that interest groups are tasked with before engaging with decision-makers. The advocacy stage consists of information transparency and - 222 - information transmission and centres on the actual process of how interest groups provide information to decision-makers. Very broadly speaking, more or less efficiency in each of these dimensions adds up to more or less influence. The chapter on information gathering focused on how interest groups monitor, gather, filter and generate information. Keeping up-to-date on what is going in the EU allows interest groups to anticipate the informational needs of EU decision-makers and prepare to respond to these needs. Empirical analysis suggested that having information at the earliest possible stage of the policy-making process, facilitated by efficient monitoring and filtering practices as well as the use of informal and EU information sources of information, was only part of the story. Having information that was reliable and trustworthy was just as important. Groups that balanced information timeliness with reliability were also those groups that were best positioned to anticipate and respond to the informational needs of decision-makers. Information networking picks up on the social dimension of the pre-advocacy stage of information processing. It examined how information is shared among networks of interest groups and, more specifically, how different network characteristics either hinder or facilitate information sharing. To this end I tested Granovetter’s strength of weak-ties hypothesis. Tight-knit groups of “like” members nurture bonds of trust but tend to share largely redundant information. Diffuse groups of “unlike” members tend to circulate novel information but lack the type of trust necessary to ensure information reliability. Empirical analysis provided, despite apparently optimal conditions for weak tie networks, little support for Granovetter’s thesis. Rather, interest groups in the EU tend to participate in strong-tie networks of tight-knit “like” members. The main explanation for this trend is the EU’s encouragement for network representativeness. Representativeness implies, for most - 223 - types of interest groups, forming an “industry position” among members of “like” groups in strong-tie networks. Case studies of NGO, public authority and consultancy networks fleshed out these differences. Consideration of the advocacy stages of information processing began with an examination of the basic conditions under which interest groups transmit information to EU decision-makers. I examined the extent to which we could expect interest groups to provide complete and accurate information as opposed to incomplete and erroneous information to decision-makers. In other words, are groups honest or dishonest in their provision of information? Importantly, this chapter provided the opportunity to test one of the central underlying assumptions of this analysis: namely, that interest groups in the EU tend to lobby to support friendly decision-makers rather than to change the minds of foes. Empirical analysis provided compelling evidence that, indeed, interest groups do tend to lobby to support friends in the EU and, on balance, provide complete and accurate information to decision-makers. A robust system of oversight and monitoring as well as a professionalized culture of interest group lobbying in the EU explains these results. Chapter 7 examined information transmission through a framework of information types, tactics and targets. This chapter examined long-held assumptions that interest group membership structure determines the types of information that interest groups transmit to decision-makers, the tactics they use to do so and, finally, the decision-makers that they target. Empirical analysis revealed that there is no firm or fixed relationship between interest group membership structure and information transmission. Rather, most interest groups in the EU can draw on a whole host of different types and tactics and use them strategically depending on the target. Indeed, - 224 - considerations of a target’s informational needs are the main determinant of the strategic choice of type and tactics by most interest groups in the EU. Finally, in chapter 8 I brought the four dimensions of information processing together for a confirmatory analysis of interest group influence in the EU. Recasting the effects of influence as “frequency of interaction with EU decision-makers” provided a more accurate measure of influence than commonly used variables like “changed minds” or “policy outcomes.” What is more, this new measure also provided a way out of the methodological dead-end of measuring interest group influence. This chapter tested the broad assumption that private interests have considerably more influence than diffuse interests in the EU policy-making process. In other words, it tested the validity of claims that the EU is best characterized as a form of “elite pluralism” where private interests dominate at the expense of diffuse interest. Empirical analysis revealed little evidence of elite pluralism in the EU. Influence from a variety of different interest groups seems to be diverse and fair, with no single group dominating the EU policy-making process. Assuaging the Democratic Deficit: a Case for Associative Democracy A central concern raised at the beginning of this analysis was whether interest groups might be able to assuage the EU’s democratic deficit. The failure of participatory democracy in the EU, reflected in a decline in voter turnout, party membership, and trust in politics and politicians, or what Maloney colourfully calls the “democratic squeeze” (2009: 277), leaves the door open to other modes of citizen engagement and voice. It was thus suggested that a robust form of associative democracy might best address the conditions of a general “democratic malaise” in European politics, rampant Euroscepticism in the EU Member States and the democratic deficit more generally speaking. A long tradition of scholarship supports these views. First, the pluralist turn in - 225 - the study of interest groups the 1940s and 1950s, detailed in the work of David Truman (1951), Lazarsfeld et al., (1948), and Kornhauser (1959), “solidly anchored the idea that interest groups are the cornerstone of every democratic political system” (Saurugger, 2008: 1275). More recently, a veritable cottage industry of scholarship has emerged around “Tocqueville’s view that the virtue and viability of a democracy depends on the robustness of its associational life” (Ibid.: 1285; see also Warren, 2001). While the role of interest groups in the democratic process has long been acknowledged, the claim they make regarding legitimacy needs to be addressed. What contribution do the results of the present analysis make in this regard? Two main concerns about interest group involvement in the policy-making process frame the issue. First, unmediated interest group activity can lead to policy and economic inefficiencies. Second, unlike participatory democracy, associative democracy has been criticized for being too “hands off” and many groups appear to lack any form of internal democratic structure. The legitimacy that interest groups can bring to the EU depends on circumventing these problems. I will briefly discuss each with reference to the empirical findings of the present study. Owing much to the groundbreaking work of Mancur Olson, interest group activity has been linked to both policy efficiency and economic performance. For Olson, if interest groups are left to their own devices, affecting polices in their own favour rather than for the aggregate welfare of all, the inevitable outcomes are inefficient policies that led to economic decline and even state collapse. Olson’s hypothesis has found some empirical support in the literature (Nardinelli et al., 1987; Tang and Hedely, 1998; Unger and van Waarden, 1999) and continues to provide the starting point for many considerations of interest group intermediation in governance systems. Thus, in the EU, concerns about elite pluralism have produced a general scepticism about the role that - 226 - interest groups might play in the policy-making process as well as the extent to which associative democracy can help assuage the EU’s democratic deficit (see Saurugger, 2008). Of course, these assumptions about elite pluralism, in addition to largely going untested, rely heavily on an erroneous and misleading conception of interest group influence. Assessed in terms of an information processing theory of interest group influence, by contrast, the real potential of associative democracy begins to emerge. As I have demonstrated in this analysis, the influence exercised by interest groups in the EU is, generally speaking, diverse and balanced. No small set of interest groups dominates the process just as no important interest group is excluded. Thus, rather than elite pluralism, interest group influence in the EU is perhaps characterized simply as a form of “pluralism,” where a wide range of different groups are able to present their interests at the European level without biased constraints or limitations. Associative democracy, even when based on the diverse and balanced influence of most interest groups, has still been criticized for its inability to provide an adequate link between citizens and decision-makers. Groups act as poor ersatz channels for citizen preferences not least because many groups have, to speak with Warleigh, poorly functioning internal democratic processes (2000; 2001; see also Grande, 2000). Drawing on de Tocqueville and, more recently, the social capital literature, interest group legitimacy turns on the extent to which interest groups act as “schools of democracy,” engaging citizens in politics and thus producing “‘better democrats’ via ‘in-group’ prodemocratic and pro-civic experiences” (Maloney, 2009: 278; see also Halpin, 2006). It is for this reason that some scholars bemoan the rise and prevalence of so-called “memberless groups” (Haplin, 2006) “credit card participation” (Richardson, 1995), “Astroturf participation” (Cigler and Loomis, 1995) or “mail order groups” (Jordan, Halpin and Maloney, 1997). These groups are understood as mere “locales where - 227 - supporters have few, if any, internal democratic rights – campaigns, strategies, tactics and policies are centrally formulated and supporters have no direct means of influence” (Maloney, 2009). Without legitimacy, then, interest groups would be very hard pressed to help assuage the EU’s democratic deficit. I argue, following Maloney (2009), Halpin (2006) and O’Neill (2001), that these concerns are largely unfounded. First, it seems unclear how interest groups would escape the same general “democratic malaise” that has made itself felt in the crisis of participatory democracy in the EU. Citizens are disengaged from interest group politics just as they are disengaged from party politics. The difference, however, is that “citizens find such limited involvement (in interest groups) appealing” (Maloney, 2009: 279). As Loomis and Cigler argue, “for a relatively modest fee, citizens can make an ‘expensive statement’ without incurring other organisational obligations” (2002: 24). “Credit card participation” is easy. Further, it is unrealistic to hinge interest group legitimacy on something that can theoretically only apply to a small number of interest group types. Apart from typical “membership” groups, like NGOs and trade unions, many groups simply cannot directly engage citizens because they either do not represent the interests of citizens or they do not have members. For example, various interest groups represent the interests of non-humans, the environment and future generations (i.e., the World Wildlife Fund or Greenpeace) while others have clients (i.e., consultancies) or stakeholders (private interests). None of these groups is adequately equipped to act as “schools of democracy” in any clear and explicit way. The legitimacy of many interest groups, as Halpin compelling argues, cannot simply be based on linking citizens to the EU decision-making process (2006, see O’Neill, 2002). Interest groups are not only too diverse to fulfil the “school of democracy” criteria of legitimacy, but their functioning and purpose has changed in a way that - 228 - further challenges the legitimacy they might gain through citizen engagement. The traditional idea of interest groups mobilizing citizens or organising large-scale demonstrations and petitions has given way to what has been recognized as a “professionalization of lobbying” (Maloney, 2009). The modus operandi of a great many interest groups is less participatory and more about democratic efficiency. This brings us to the very heart of the present analysis. The language of lobbying in the EU, as argued throughout this analysis, is not old-fashioned pressure and purchase tactics, but rather about providing policy relevant information to decision-makers. This information, being largely technical in nature, requires bringing experts on board, gathering, filtering and sharing information as well as conducting research. Lobbying is not about shouting slogans and waving banners. Instead, it is about approaching the policy-making process as policy experts and speaking the language of decision-makers. Importantly, professionalized lobbying in the EU is recognized in the different ways that interest group involvement in the policy-making process has been institutionalized by the EU. As seen in the previous chapter, this takes the form of open consultation, Social Dialogue, expert committees and less formal information exchanges. What then, if not internal democratic structures, accounts for interest group legitimacy in associational democracy? I suggest that the policy relevant information and expertise that interest groups bring to the table is the locus of interest group legitimacy. When interest group influence is diverse and balanced, as the results of this analysis suggest, then interest group input has a greater potential for ensuring efficient policy outcomes. To speak with Cohen and Rogers: “certain forms of group organisations play a central role in resolving problems of successful governance, not causing them” (1994: 394). The point is that expecting more in terms of how interest groups engage citizens is wrong-headed and overlooks the scope and severity of Europe’s “democratic - 229 - malaise.” Attempts to redress the democratic deficit by nurturing citizen engagement mean approaching the problem from the wrong angle. Increasing the powers of the European Parliament, which many scholars envision as the cornerstone of greater EU legitimacy (Wessels and Katz, 1999; Hix, 2008; Bache, Føllesdal, 2005; Lord, 1998), cannot address the underlying problem of citizen disenchantment and disengagement. As Mair convincingly argues, it is not just that European Parliament elections are second-order elections, but that citizens are disengaged from politics even in so-called first-order elections (2006). Interest groups provide a way to allay the democratic deficit not only because they provide a new route for citizen engagement, but also because they provide non-governmental policy inputs and policy expertise into the EU policy-making process. Of course, this only works if these inputs remain diverse and balanced across a wide range of different types of interest groups. Thus the real burden for assuaging the democratic deficit falls to the EU institutions themselves. This means two things in particular: continuing to encourage interest groups to provide their informational inputs to EU decision-makers as well as carefully mediating these processes in order to ensure that these inputs remain balanced and representative. But what is the EU currently doing in this regard? What does the future of interest groups in the EU look like? Policy Implications The future role of interest groups in the EU policy-making process has been enshrined in 2009 Lisbon Treaty. The EU institutions, under the conditions of the Treaty, will continue to “give citizens and representative associations the opportunity to make known and publically exchange their views in all areas of Union action,” to “maintain an open, transparent and regular dialogue with representative associations - 230 - and civil society” and to “carry out broad consultations” with interest groups (European Commission, 2007). New to the Lisbon Treaty, and marking a significant departure from previous treaties, is the so-called “European Citizen’s Initiative” (ECI), a novel channel for interest group involvement. These four points provide a framework for assessing the future of interest group influence on the EU policy-making process as well as the role the interest group might play in assuaging the EU’s democratic deficit. Two points in particular need to be considered. First, how interest group input is continuing to be mediated under the auspices of the European Transparency Initiative; second, how the new European Citizen’s Initiative provides a novel route for interest group informational input in the EU. The European Transparency Initiative Since its inception in 2005, the ETI has posed new and rigid constraints on interest group activity in the EU. As outlined in detail in chapter 6, the ETI places relations between interest groups and decision-makers in a highly institutionalized and controlled setting. The future mediation of interest group influence depends largely on the success of this initiative. Recent adjustments to the ETI, in particular to the Commission’s Register of interest groups, reflect the EU’s continued commitment of fully and legitimately integrating interest groups into the EU decision-making process. Perhaps garnering the most media attention was the Commission and Parliament’s recent commitment to create a joint Register and code of conduct, a type of “one-stop shop” for lobbying and lobbyists in the EU (Europa Press Releases RAPID, 6.52010). Not only will synching the two registers result in a more complete list of interest groups in the EU, but many hope that the more stringent conditions of the Parliament’s Register, in particular the fact that it is mandatory for all interest groups, will find a place in the new - 231 - joint register (see Alter-EU, 2010). While we must wait to see the shape that the joint Register will take, there are several key weaknesses and omissions in the ETI that might threaten to undermine effective interest group intermediation in the EU. The greatest hurdle facing the ETI is adequate coverage of interest groups listed on the Register. A recent survey conducted by Alter-EU, a Brussels-based transparency watchdog group, noted that about “60% of EU lobbying consultancies are still not registered” on the Commission’s Register, and that nearly two years since the launch of the Register. Others have noted the apparent “boycott” of the Register by think tanks, consultancies and law firms. While the numbers for think tanks and consultancies have since increased, law firms are still radically underrepresented on the register. Inadequate coverage not only skews the overall impression of the interest group footprint in Brussels, but also means that many interest groups are working beyond the purview of the lobbying code of conduct and are not required to disclosure information about their lobbying activity. What is more, these coverage problems would threaten to undermine the success of the proposed joint Commission-Parliament Register. But it is not just the issue of interest group coverage that seems to threaten the success of the Register and the ETI. Unlike the American Lobbying Disclosure Act and the Canadian Lobbyists Registration Act, to take two prominent examples, there is no clear EU stance on the so-called “revolving door issue” – high-ranking EU officials who move on to lucrative private sector lobbying jobs after their tenure. Suggestions put forward include greater transparency of officials’ activities after leaving office as well as a “three year cooling-off” period between posts (Alter-EU, 2010). Commissioners already subscribe to a public “declaration of interests,” disclosing information about previous posts and location of assets.124 There is also a mechanism for the public For Commissioner disclosures of information, see: http://ec.europa.eu/commission_20102014/interests/index_en.htm 124 - 232 - disclosure of gifts received by Commission officials.125 However, this appears hopelessly inadequate. The list is available only in French and contains a mere twenty-one items at the time of writing. A somewhat less tangible but nonetheless significant challenge facing the ETI is the absence of Commissioner Siim Kallas. As noted in the introduction, it was Kallas who spearheaded the ETI as part of his job as Administration, Audit and Anti-Fraud Commissioner, a post he left in 2010. The ETI was very much Kallas’ pet project and the initiative threatens to run out of steam without him. The new Barroso Commission (Barosso II), since entering office in 2010, has reassigned this portfolio to three separate Commissioners: Algirdas Šemeta, Maros Šefčovič, and Janusz Lewandowski. The problem, to speak with one MEP, is that none of them “seems to have been assigned clear responsibility for increasing transparency concerning lobbying and for following up the ETI in other areas” (European Commission, 2009c). There are already superficial signs that without Kallas, the ETI will be relegated to the dustbin of other stalled and forgotten Commission projects. For example, the current ETI website is a mere shadow of the website under Kallas. Not only has the amount of information linked to the site been radically reduced, but Kallas’ penchant for providing online forums for discussion about the ETI has not been adopted by the new ETI caretakers. In effect, the ETI now lacks the type of transparency it promulgates. It might also be that the EU’s interest, and the original motivation for the ETI, was not regulating lobbying at all. Rather, the ETI was an aftershock of the EU’s now waning enthusiasm for “good governance” (Obradovic, 2009: 305). The European Citizen’s Initiative 125 For the list of gifts the Commission receives see: http://ec.europa.eu/commission_20102014/pdf/cadeaux_recus_par_le_college3_fr.pdf - 233 - The ECI might prove to be one of the most important advances in how groups represent their interests at the European level. Emerging from what The Economist calls a “barely debated clause” adopted in the final days of ironing out the details of the Lisbon Treaty, the ECI draws out a new and direct route for citizens to affect EU legislation (Economist, 2010). The conditions of the ECI are as follows. “An initiative must be backed by at least one million citizens from at least one quarter of the (EU’s) Member States” (European Commission, 2009b). While taking inspiration as much from Californian-styled “popular initiatives” and Swiss-styled referenda, the ECI has been hailed as nothing less than a bold “experiment in direct democracy” (Economist, 2010) as well as a crucial step to generating a “European demos” (Nilssson and Westlake, 2010: 12). However, such a characterization radically misreads the conditions of the ECI. At base, the ECI is not a vehicle for individual citizens but rather one for associations, organisations, and groups that can muster up the type of organised support and funding required for submitting a proposal. In other words, the ECI has less to do with direct democracy than with a new and institutionalized form of associative democracy. The Commission, in a 2009 Green Paper, has even noted the important place that interest groups will play in the ECI. In the first instance, the Commission rejects the idea that proposals “must be presented by citizens or by committees made up of a certain number of citizens. The Commission considers that such a requirement may be too burdensome at the EU level and would therefore prefer not to impose any restriction on who may present an initiative – i.e., organisers can either be individual citizens or organisations” (European Commission, 2009b: p11). Indeed, the Commission is fully aware that “launching and organising a campaign for a proposed European citizens’ initiative will in most cases require support from organisations and/or funding” (ibid). Clearly, not only has the Commission left the ECI open for interest group involvement, - 234 - but the conditions of the ECI also make such involvement almost mandatory. The details of the ECI are still being debated and the initiative has yet to be ratified by the Council and the Parliament. However, if the ECI does enter EU legislation it will provide an important new point of access for interest groups in the EU. The question that remains, however, is how the EU will provide regulations in the ECI to ensure fair balanced access to different types of interest groups. In its present form, the “no less than one million” signatures condition is a far less important constraint than the requirement for representation across EU Member States – a condition that would force interest groups to seek out transnational support. The Commission also retains considerable agency in blocking so-called “silly petitions” (like abolishing the EU, for instance) and promises safeguards like requiring groups to “provide details about who is behind the petition” (EurActiv, 6.5.2010). In this sense, the ECI follows the Commission’s open consultation process: the Commission acknowledges the value of input from interest groups but retains its privileged right and monopoly over the agenda setting process. If interest groups are to bring new legitimacy to the EU policy-making process then the EU will need to continue to ensure that interest group influence continues to be diverse and balanced. Addressing the shortcomings of the ETI and setting out responsible and workable conditions for the ECI would be a first step in this direction. Directions for Future Research The theory of information processing used to measure interest group influence in the EU marks an important shift in how we understand influence as well as how we measure it. The present analysis aimed to take the first few steps toward rethinking influence in terms of information processing and measuring it empirically via elite interviews and a large-scale online survey of interest groups. In its most ambitious - 235 - moment, this analysis aimed to provide an assessment of interest group influence in the EU from a comparative perspective including eleven different types of interest groups. Several factors contributed to placing certain limits on the success of this project. Assessing these limitations also provides the impetus for the direction of future research taking up the task of assessing interest group influence in the EU and elsewhere. One of the most conspicuous limits of the present analysis is the scope of comparison across different types of interest groups. While initially setting out to gather data on eleven different types of groups, survey response rates limited the analysis to just six group types. Thus, academic institutions, chambers of commerce, religious groups, think tanks and law firms were necessarily excluded from comparative analysis. Future analysis would be well served by finding ways to collect data on these excluded groups. The challenge here is that these groups are wary of self-identifying as “lobbyists” or even interest groups -- the negative connotations attached to these terms make many shy away from adopting such labels. While the present analysis avoided the term “lobbying” and tried to use neutral terminology (like “organisation” rather than “interest group”) in the survey and interviews, low response rates for several groups suggest that more work needs to be done and/or new approaches tried. One simple solution is to not have groups self-identify in the survey. Rather, future research could determine group type independent of the group itself. Care, however, would need to be taken to ensure anonymity of responses and accuracy in labelling groups. Indeed, some interest groups appear to be hybrid public-private groups, for example, and would therefore be very difficult to accurately label. A second point of focus for future research is how different policy areas factor into interest group influence. The present analysis bracketed off policy area in an effort to increase the generalizability of results. Clearly, however, redistributive policy areas - 236 - differ markedly from regulatory areas, attracting different types of interest groups and different types of gathering, networking, transparency and transmission approaches. Controlling for policy area, however, requires a much larger survey response rate and thus data set. The challenge is not only to assess which groups are active in which areas. The bigger issue is that most groups are active in many different areas at the same time. Disentangling types, tactics and targets for each area as well as the “intensity” of a group’s activities in a single area would be very challenging. Indeed, case studies and process tracing might be best suited to bringing a consideration of policy area into a study of information processing. A third issue is drawing out clearer linkages between interest group resources, issues of collective action and information processing. In chapter 2 I maintained that an information processing theory of interest group influence does not mean that resources and collective action simply do not matter. Rather, information processing opens up what is otherwise the black box of influence; it explores that intermediate step after resources and collective action get translated into information processing. Clearly, having more resources and a greater ability to overcome collective action problems can, but does not necessarily, lead to more efficient information processing. For instance, a group can be resource rich but not allocate these resources to gathering, networking and transmitting information. But what are the causal mechanisms that transform resources and a capacity for collective action into better information processing? Again, the answer lies in case studies and, in particular, process tracing. While the present analysis, based primarily on a large-N study, has mapped out and tested the general parameters of an information processing theory of influence, future research might carry out smallN research teasing out the links between resources, collective action and information processing. - 237 - Lastly, the present analysis has limited itself to interest group influence at the European level. Thus, I considered how interest groups exact influence in the Commission, Parliament, Council, Coreper, CoR and EESC. While going beyond most studies of interest groups in the EU, typically including only the Commission and Parliament, I did not consider other, non-EU lobbying routes. Interest groups can lobby at the EU level without directly approaching EU decision-makers. Clearly, interest groups can lobby the EU through “national routes.” A group, for instance, could provide information to national decision-makers who would, in turn, use this information at the European level (most typically in the Council). Making things somewhat more complicated are those groups that take a “sub-national” route to lobbying at the EU level. Many public authorities, for instance, pursue their interests first through sub-national governmental structures at home and are only subsequently taken to the Council or, in some cases, the CoR. While it might be argued that these different levels of access provide more opportunities for interest groups (Pollack, 1997; Kohler-Koch, 1997), some scholars have pointed out that the complexity of such a polycentric, multi-level system poses serious challenges for most interest groups (Grande, 2000). Clearly, accounting for these non-EU routes would be a central component of any future research. Another issue would be to compare how information processing differs between the different routes. How do gathering and networking activities differ between EU and non-EU routes? Further, to what extent does the strategic use of types, tactics and targets depend on the different routes? Conclusion The empirical analysis presented here provides compelling evidence that interest group influence is the EU cannot be accurately described as a type of elite pluralism. - 238 - Moreover, the balanced and representative influence of groups in the EU lends purchase to the idea that interest groups are the key to assuaging the EU’s democratic deficit. The policy implications are important. Legitimacy gained through interest group involvement in the policy-making process depends less on the democratic character of groups and more on the EU’s ability to ensure that interest group input remains diverse and balanced. In short, this means negotiating a difficult balance between continuing to encourage interest group input while mediating it as well. As it stands, the ETI is not well suited to this task. Changes will need to be made to the interest group Register and a new source of momentum will need to be given to the initiative in Kallas’ absence. While the ECI provides a new point of access for interest groups, it is still unclear how it will continue to encourage diverse and balanced interest group input in the EU policymaking process. Thinking about interest group influence in terms of information processing has taken us some distance from existing work on influence. Influence is no longer conceived of in necessarily conflictual terms and many of the more pejorative connotations associated with lobbying seem less applicable to the study of interest group influence. Indeed, this present analysis suggests that interest groups and decisionmakers enjoy a much more symbiotic relationship that turns on the exchange of information. Surprisingly, while the extant literature has long given a privileged place to information in the lobbying process, our understanding of the process has been very limited. As I have argued throughout, understanding influence means understanding the role that information plays in this relationship. This took us through a consideration of how information is gathered, filtered and generated, how it is shared and how it is finally transmitted from interest groups to EU decision-makers. Unpacking the - 239 - information exchange process has revealed the true nature of interest group influence in the EU. - 240 - WORKS CITED Acemoglu, Daron and James A. Robinson (2006) Economic Origins of Dictatorship and Democracy (Cambridge: Cambridge University Press). 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Please indicate importance on a scale of 1 to 5 (with 1 being 'not at all important' and 5 being 'very important'). monitoring EU activities Influencing EU decisions Securing EU funds Doing research Commissioning private research studies making new contacts maintaining existing contacts Section 2: Information Sources Question 3 Keeping track of what’s going on in the EU can be important, and information about the EU’s current activities can come from different sources. How important are the following sources of information for keeping track of EU activities? newspapers (print and online) newsletters television news radio news; books / magazines the Commission’s work programme EU press releases White Papers Green Papers - 261 - conferences / exhibitions face-to-face meetings word of mouth Section 3: Information Question 4 Sometimes, organisations like your own provide information to EU decision-makers. "Information" can mean different things and can take many different forms. In general, how frequently does your organisation provide the following types of information to EU decision-makers? Please indicate frequency on a scale of 1 to 5 (with 1 being 'never' and 5 being 'very often'). Information about public opinion Legal information Information about the feasibility of implementing a proposal Information about the economic impact of a proposal Information about the social impact of a proposal Information that makes technical or scientific data understandable / relevant Question 5 There are also different ways that information can be provided to EU decisionmakers. In general, how frequently does your organisation provide information to EU decision-makers in the following ways? Face-to-face meeting Write a letter Write an email Make a phone call Start a media campaign Host a public event Participate in the ‘open consultation’ process Question 6 There can be different reasons for providing EU decision-makers with information. In general, how frequently does your organisation provide information to decisionmakers for the following reasons? to support the position of EU decision-makers to change the minds of EU decision-makers to offset the influence of other organisations EU decision-makers request information from my organisation Question 7 In general, how frequently does your organisation provide information to EU decisionmakers in the following EU institutions? European Commission European Parliament Council of Minister Coreper Committee of the Regions European Economic and Social Committee - 262 - Section 4: Information and Contacts Question 8 Often, when organisations like your own are pursuing their interests and goals they will be in contact with other organisations. "Contact" means any kind of interaction. In general, how frequently is your organisation in contact with the following types of organisations? NGO / Association of NGOs Company Professional Association Trade Union Law Firm Public Affairs Consultancy Think-tank Academic Organisation Chamber of commerce Representation of religion, church, and communities of conviction Association of public authorities (regions, cities, municipalities) Question 9 How important are the following factors in determining with whom your organisation interacts? Please indicate importance on a scale from 1 to 5. we have similar interests and goals they have new or novel ideas they have information that we do not have they have access to contacts that we do not have access to Question 10 Finally, I would like to ask you about how frequently your organisation is in contact with the main EU institutions. Again, contact means any kind of interaction. European Commission European Parliament Council of Minister Coreper Committee of the Regions European Economic and Social Committee - 263 -
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