Lobbying watchdog throws in the towel

The provincial watchdog who investigates lobbyists says he will no longer look into cases of potential wrongdoing because he lacks the legal authority to do his job.

In a letter obtained by The Vancouver Sun, registrar of lobbyists David Loukidelis said he has received "numerous" complaints about lobbying activities in recent months but can't properly investigate because the law created by the Liberal government in 2001 doesn't give him the appropriate powers.

"My general policy will now be to decline to investigate complaints until I have the mandate to do so under the [Lobbyists Registration Act]," he wrote.

The decision by Loukidelis effectively removes direct oversight from lobbyists in B.C., leaving only the RCMP to deal with complaints about those who may try to improperly influence MLAs.

Loukidelis has advocated for changes to the legislation in the past, though this is the strongest statement he has made about the need for reform.

The lobbying regulations were introduced in 2001 by the Liberal government, with then-attorney-general Geoff Plant saying the rules were necessary to ensure all relationships were "open and transparent for everyone to scrutinize."

Loukidelis's comments are contained in a letter that is a response to a request for an investigation by New Democratic Party critic Leonard Krog.

Loukidelis to look into allegations of improper unregistered lobbying by two high-ranking Liberal strategists, Patrick Kinsella and Mark Jiles.

Krog had asked Loukidelis to look into allegations of improper unregistered lobbying by two high-ranking Liberal strategists, Patrick Kinsella and Mark Jiles.

The letter is jointly addressed to Krog, Jiles and Kinsella's lawyer Paul Cassidy.

Jiles is Premier Gordon Campbell's former constituency campaign manager, and Kinsella was election campaign co-chairman for the B.C. Liberal party in 2001 and 2005.

Last week, Kinsella's lawyer wrote Loukidelis refusing to cooperate with the probe because he believed the registrar "has no legislative or other power to ... conduct any investigation."

In his response on Tuesday, Loukidelis concluded: "Because of my restricted mandate under the [Lobbyist Registration Act], I am unable to gather information from unwilling parties or to impose corrective measures or sanctions even if I were to believe that a person has engaged in unregistered lobbying."

Loukidelis said the "only meaningful recourse" in the matter is for the police to conduct an investigation.

Krog referred the case to the RCMP last Friday.

In an interview Tuesday, Krog, who released Loukidelis's letter, said the move is definitive evidence the law governing lobbying activities in B.C. needs to be revised.

"[The letter] is both a plea for help and, I think, a call for accountability," said Krog. "It is indirectly a slap to the premier and to the attorney-general."

Krog, who has long been critical of the current legislation, also renewed his call for new legislation that has more teeth and that gives the registrar proper powers of oversight.

"The act is frankly useless. It's more observed in breach than compliance," said Krog, adding he believes the Liberals should have held a fall session to work out a new law.

"Because it is so weak it's essentially a shield for Liberal friends and insiders," he added. "It puts a lie to the premier's claims of openness and transparency and accountability."

Attorney-General Wally Oppal was not available for comment Tuesday evening.