The return to school is never easy, but the one from the Government this year is heading towards a calvary. The one in Ceuta is a crisis from which it still does not know how it will emerge. Spain has received the worst grade in its history in the examination of its educational system from the PISA Report. There is no trace or date of the housing decree-law. And this week it approaches a new parliamentary defeat. The more than probable repeal of the Lobby Law in Congress could be the cherry on top of an August to forget.
The Executive approved this awaited regulation by decree-law. It was in the first Council of Ministers after the vacation break, on August 25, and unexpectedly. It was a meeting focused on the crisis in Ceuta: the Government declared the situation of national interest to centralize management under a single command, and the rest of the regulatory matters were linked to this issue: progress in immigration and asylum reforms.
But, above all, because Congress was already processing the reform and had registered amendments to work on. What sense did it make to approve a norm, the subject of so much debate upon returning from summer? The competent minister, Óscar López, head of Digital Transformation and Public Function, also did not come out to give explanations at a press conference.
In the very exposition of motives of the decree-law, the Government justified the rush in the release of funds from the Recovery Plan, as the regulation was a commitment to the European Commission. If not approved, the funds risked being lost.
But, what about the support? With such a fragile majority (if it still exists) and a history of defeats so extensive in the legislature, had the Government ensured that the norm would have sufficient backing to save the repeal in Congress? Several parliamentary sources consulted by DEMÓCRATA assure that the norm caught them by surprise.
Rush for European funds
In the Ministry of Digital Transformation, there were no doubts. In an informal meeting with journalists days after the approval, Minister López appeared confident in overcoming the vote. He claimed to have taken into account the contributions of the groups and that the text already in force sparked a great consensus in the sector, having gathered the main demands.
In favor of the Government plays the social consensus around undertaking a regulation of interest groups, in addition to the recommendations from various international organizations regarding this.
The framework, in any case, was not the most favorable for the Government, months after the ‘Zapatero case’ broke out, in the midst of a judicial investigation due to the legal doubts raised by its mediation work and its unclear role in the rescue of the airline Plus Ultra during the pandemic.
The Association of Professionals of Institutional Relations (APRI) came out to celebrate the decree-law and requested support from the groups. In the sector, they identified enthusiasm as a form of legitimization of the influence activity. The most widespread reaction was one of caution, waiting to see if the regulation would go ahead or come to nothing.
There were also doubts about whether the generalization of requirements could pose a barrier for smaller entities and end up benefiting the ‘bigger fish’ in the business.
But the registry was not ready
Meanwhile, the regulation was already in force and had immediate effects. The registry had already been created by law, and every natural or legal person, or social entity that could exercise an influence role had to be registered to have communication with the General Administration of the State.
What was the problem? That the registry was not ready. And yet, the obligation to be registered existed and had consequences. Sources in the public affairs sector confirmed to DEMÓCRATA that several ministries had denied meetings to business organizations for not being registered.
The duty of verification for senior officials had been fully in force since August 27 and non-compliance carried penalties. A week later, on September 4, the Transparency and Good Governance Council, responsible for managing the registry, activated the form for registration.
Consultancies rushed to register, but not all interest groups did the same.
And the employers spoke
The president of the CEOE, Antonio Garamendi, stated that he did not understand how the Government had decided to include the employers and the unions within the scope of the regulation, despite the role that the Constitution itself recognizes for them as entities of social representation and communication with public authorities. Sources from the CEOE indicate that, as a result, they are subjected to higher levels of transparency.
Garamendi assured that, until the vote in Congress, he would not hold any meeting with the Government understanding that the employers' association should not register and, therefore, any space for dialogue would not be a “safe space.”
The words of Garamendi, who took for granted the probable repeal of the norm, were the first public challenge. However, other sources from the sector assure that Foment had already initiated movements to thwart the ratification of the norm.
Union sources indicated then that, without reaching the extreme of the employers' association, they also did not understand that they were affected by the law. Hours later, CCOO and UGT issued a statement requesting the repeal of a decree-law that they labeled as “nonsense, both for the content and for the procedure followed by the Government.”
The Executive no longer had the support of the unions which, indeed, propose to tackle the regulation but from the bill that is awaiting in the drafting phase.
And in Congress?
The optimism of the Government a few weeks ago now turns into a more than probable defeat. Junts confirmed last Friday to DEMÓCRATA that it would not support the norm, criticizing that the Government had not taken into account the amendments they registered to the original bill.
Particularly, the distinction between the professional activity by the public affairs sector and the large companies from the rest of the associative fabric and SMEs.
The norm, pending confirmation of support from other Government partners, is in the hands of the PP. The management by the Transparency Council of the registry, as provided by the current regulation, was one of its proposals during the discussion of the norm last year.
This would be the first time this legislature that those of Alberto Núñez Feijóo save the ballot for the Executive in a committed vote. With the employers' association and the unions against, the ‘Zapatero case’ ongoing and the possibility of deferring any pressure to legislate to the project already in processing. In addition, with the pressure from Vox to take advantage of any loophole to slap the Government. Everything points to another coming on Wednesday.