Category: politics and policy


New Year, New Congress

Clearly lots of questions here as to how the new Congress will play out and the effects it will have on issues. One big question is how Republicans control of the House will be used to deny federal agencies, such as the EPA and FDA, the resources needed to implement the legislation agreed by the Democrat controlled 111th Congress.

Over on Eye on FDA, FH colleague Mark Senak has a couple of videos with the Chairman of the relevant sub-committee for the FDA, Congressman Kingston, on what he is thinking with regard to the Food Safety Modernization Act. You can check them out here.

James

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I can’t claim to agree with the NGO movement on much about chemicals policy over the last eight or so years, but I can at least agree with the basic gist of this post from NRDC. It strikes me, as I note below, that now may well be the time to get serious about TSCA reform.

For some of the most maligned ‘political’ chemicals (such as those mentioned) it would seem that a new and improved system of regulation, based on science and clear objective criteria and providing a level playing field for all chemicals – irrespective of how many media clips have been generated that day on that particular substance – is the only positive way forward.

Should it be enacted the NGO movement will of course have to accept that such a system of regulation may establish that the chemicals they love to hate aren’t actually a risk to human health after all, but that’s perhaps a different part of the story.

James

Even the most optimistic of Democrats struggle to believe they’ll hang on to a majority in the House. There seems to be no way back to the filibuster proof majority required in the Senate. However, fear not those who believe all hope for action on environmental issues dies with those majorities. There may be a case to be made that Republican majorities may lead to more rather than less environmental and consumer safety legislation being agreed at a federal level.

Currently sat in Congress are bills on TSCA reform and cosmetics, not to mention the elephant in the room that remains energy and climate. Stymied by the toxic partisan atmosphere in Washington these bills seemed to be going nowhere fast with Democratic majorities. Would a Republican one as of next week improve their chances?

As last night’s Daily Show with President Obama once again highlighted there is a widely espoused view (at least on one side of the aisle) that special interests, i.e. business, have been blocking many of the things Democrats wanted to do. No doubt including the legislation mentioned above. And it’s true that industry people I have spoken to in recent days suggest that some of the bills currently in Congress are indiscriminate in their approach, disproportionate in their effect and will die a quick death in a Republican controlled legislature.

However, the interesting idea I’ve come across is that Republican majorities will not mean the end of efforts at a federal level to deal with these subjects, rather it will increase the chance that legislative activity will succeed. It seems the risk of inaction at federal level may be too great for business. What a Republican led Congress may mean is advocacy efforts from green groups moving to the state level or towards federal regulators (the latter already has happened to some extent both on climate and chemicals).

Now business may be many things but it aint stupid. Would you rather deal with firefighting in fifty different states, with the possible outcome of fifty different sets of rules for your industry and products, or have just one? Especially if the fifty are hard to control, whereas the one you have a sympathetic bunch in Congress who could be persuaded to back a bill you can live with. Do you also want to sit tight for two years at a federal level, while in that time the tide may turn, returning the initiative to folks who’s ideas you can’t live with? Business at the end of the day wants certainty and a level playing field.

As such, the next two years may be a good opportunity for work to get done on some of these topics. Many would agree that an energy bill is needed, TSCA reform necessary, but until now no consensus could occur due to the nature of the politics. With this in mind, the question is whether green groups can hold their noses and compromise with a Republican led Congress and whether Republicans selected and elected by people that want to see an end to big (i.e. federal) government will take a political gamble of supporting it. In any case, my bet is that business will be advocating that they do so.

James

You may not agree with them, but you have to admire the cajones of the Con-Lib government in the U.K. The kind of swinging cuts that have been announced and widely trailed have given rise to a fair bit of consternation. Like, do these guys expect to get reelected?

As this recent piece from the Washington Post suggests, Republicans here may be talking about cutting back on government but actually doing so is a little bit harder said than done. Democrats will of course tell you that budget deficits tend to rise with Republican leaders, not fall. Tax cuts and a propensity not to want to cut back on programs that benefit the folks back home before the next election cycle only lead in one direction.

With my U.S./European comparative hat on my interest was sparked by what was “ringfenced” from the cuts in the UK: schools, the National Health Service and overseas aid. I think we can conclude that the U.S. may choose to “ringfence” other things if it ever gets round to deep cuts. A thought; perhaps a comparison of what gets “ringfenced” in each state may give us some insight into the values and outlook of each country?

My guess for the US: defense, ethanol subsidies and Congressional expenses all survive.

James

(Tuesday October 26) – It seems I am not the only one thinking about the need to compare cuts. This U.K. based website is trying to crowdsource where the cuts are falling in the U.K. and asking whether folks in other countries would like to do the same.

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My post last night on my reflections on time here in the U.S. led to a comment from Dan in Brussels. His comment reminded me of the video below from the RSA in the U.K. on the subject of how our perception of time affects us. Interesting video from a great series, you can check out more of them here.

James

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Dazed and Confused is one film that I’ve never got my wife to watch. It lasted all of ten minutes the last time I put it in the DVD player. To be fair to the missus, the film does not have a huge amount to recommend it. Despite being stocked full of stars before they were famous (Ben Affleck, Milla Jovovich and Dr. Green’s wife from ER to name but a few) my fondness is probably due to the fact it reminds me of my own care free years at High School. I had hair that was far too long and did far too many things that weren’t too smart in retrospect. It also has one great line from Matthew McConaughey character:

“That’s what I love about these high school girls, man. I get older, they stay the same age.”

It strikes me that chemicals policy debates are pretty analogous. I’ve changed city, but the debate seems to have remained the same. The NGO  community is saying: hey there are lots of chemicals in consumer products, they are finding there way into you, our current regulatory system is not dealing with this and if it has data, industry isn’t sharing it. In essence, (chemophobia + inadequate regulatory regime) times by mistrust of industry = need for reform. If you want a take on what’s being discussed check out this blog. Industry comes back with facts about safety of individual products and a nod to the need to remain competitive. Alas, it didn’t work in Europe, and while the US political situation is different, my betting would be in the long term some kind of reform is coming down the tracks. With industry as far as I can see not proposing an alternative, it’s going to be all about keeping the cost of legislation under control and ensuring that it does give some business certainty; two areas where I think European industry would suggest REACH failed.

Happily, I am doing my bit to try and get industry to not remain dazed and confused and learn from the past. Next week, Fleishman-Hillard’s International Advisory Board member, Guenter Verheugen, former Vice President of the European Commission and one of two Commissioners to lead on REACH, will speak at a working breakfast at the U.S. Chamber of Commerce in an effort to help industry think about what it can learn from European debates. You can find out more here.

James

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According to the Wall Street Journal earlier this week, it seems those of us who believe in the benefits of free trade are losing the argument here in the U.S. It strikes me however that an upcoming event at the U.S. Chamber of Commerce on the economic opportunities afforded by increased U.S./E.U. trade may at least provide some of the antidote. If only we could get U.S. business and political elites to stop fixating on Asia and instead see the political and economic upside of a political reengagement with Europe on trade.

The Chamber event should hopefully build upon the case made by a study funded by the European Commission from 2009 that suggested that addressing actionable non-tariff measures  would result in benefits of €41 billion (USD 56.7 billion) per year for GDP and 6.1% for export for the United States.

Alas, despite the best efforts of the folks at the Chamber one has to feel a little bit despondent as a European in D.C. I have been to a number of E.U. focused think-tank events in recent months and have to report that you are lucky to find half a dozen students in attendance. Forget policy or business elites. One commentator I heard speak noted that the White House is the first in living memory not to have a natural reflex towards Europe as a continent, while another noted that he could count those business people interested in U.S./E.U. engagement on one hand. When speaking to committed free traders out and about, I have to remind them that their biggest trading partner is the E.U. not the Canadians. It’s all rather sad given the progress our project has made in the last fifty or so years.

A renewed focus post elections on removing trade barriers with Europe should be interesting for a number of reasons. The Commission study points to concrete measures that would result in concrete gains for the both economies. At a time when the American economy still needs a boost, such gains would surely be welcome on both sides of the Atlantic.

Politically, it would seem hard for even the most ardent opponent to argue that lowering trade barriers with Europe would lead to jobs being shipped overseas due to lower labor costs or poor environmental standards. Indeed, it would be interesting to see whether the White House would have an interest in working with Congressional Republicans post-election on this issue in order to slay some of its own party’s demons on free trade, as well as of course prove that it’s not anti-business and it is for economic growth. The increased exports forecast by the Commission study would of course help Obama’s own goal of doubling exports within five years.

There are clearly some challenges to be overcome. Firstly, Europeans need to realize that they have to make a public case here in the U.S. As the recent Transatlantic Trends study highlighted, the average American and the average European do believe they share values. However, the average American also believes the U.S. shares as much common interests with China as it does with the E.U. It will be interested to see what political elites think when the GMFUS releases its opinion leaders survey later this year. In any case, Europe has no automatic claim on American’s mind space, we’ve got to make the case that collaborating with Europe is in their interests more than collaborating with the Chinese or other parts of Asia.

Secondly, we still have a job to do in educating such elites on the European Union. Americans are still I think scratching their heads over the impact of Lisbon. If we don’t seek to explain the powers of and importance of our Union, the perception will be only of increased complexity of having three Presidents and increased powers to those pesky MEPs who veto sensible trans-atlantic data protection agreements.

Finally, the new European Union delegation needs to work hand in glove with trans-atlantic business in a concerted effort to put this issue on the agenda with opinion leaders, in the media and in Congress and with the Administration. I am not convinced any of the current fora, including the Chamber have the laser like focused required to do this job. A single issue coalition is required to give business on both sides of the Atlantic a true rallying point.

James

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Last year in Brussels our team looked at how Members of the European Parliament are using the internet to communicate with voters. Our company’s interest in this ticked a lot of boxes for me. Not least a passionate belief that we need to bring our elected members closer to citizens if our European project is to thrive for the next fifty years. As the results of our work came in, it was clear that in this as in much else our own Union is still in need of perfecting.

In the same vein, I’d recommend EP staffers to check out  the Partnership for a More Perfect Union website. F-H has been involved in helping the Congressional Management Foundation‘s efforts to promote greater understanding of how the internet can help Congress reach citizens.  It is a great resource for anyone thinking of how to help elected members anywhere figure out how to make the most of the web.

The Partnership for a More Perfect Union’s latest video is embedded above.

James

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An interesting piece in this morning’s Washington Post about business schizophrenia when it comes to asking for regulation that does not harm the economy in these troubled times. Much of which resonates with experiences the other side of the Pond.

It strikes me that Europe and American companies share the same short term pressures. The pressure on numbers and share price lead to pretty short CEO life spans.

In comparing Brussels and D.C. the difference may be the nature of our legislative system, which would appear in the case of the former to be at least a little more conducive to decisions that have an eye on the longer term.

In Brussels consensus rather than conflict is the modus operandi. While every piece of legislation proposed by the Commission may not be perfect, advocates tend to base arguments on the basis of ensuring that legislation is effective, proportionate and provides the kind of regulatory certainty that the Post argues for. You’re less likely to hear business groups asking for it to be withdrawn completely. Equally our politicians are freed from the chains of public opinion through less frequent elections and scant media coverage.

O.K. Brussels’ consensus based decision-making may often equate to imperfect outcomes, and needless to say imperfect democracy, but perhaps it is also more likely to allow for planning for the long term.

James

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Listening to a pretty well known Congressman speak at an event the other day, I couldn’t help but be impressed. He was clearly master of his subject as well as master of the audience. His remarks tailored to coax the audience on his side, underline he was fighting for them while making it abundantly clear that there was work needed from them if they wanted him to achieve the policy changes they wanted to see.

While I was swept along in the man’s rhetoric, one thing did stand out: the amount of time the Congressman spent talking about himself. “I” did a lot it turned out; from sponsoring certain bills, offering certain amendments and ensuring that money went in the right direction. No modesty, false or otherwise, required.

As I sweated my way back down L Street to the office it struck me that a member of the European Parliament would have been (a) less eloquent but (b) less likely to talk about him or herself. Reference would have been made to the good works of his or her Committee. Perhaps a passing nod to the stated view of the Parliament as a whole. If they were feeling bold they would have mentioned their report. But no chest pounding about their numerous personal activities would have been called for. It would have seemed all too vulgar. Far too distracting from a debate about the policy at hand.

A number of reasons occur to me for this difference. Some of them good, some of them perhaps less so. Congressmen clearly have more power in that they can propose legislation. As opposed to having only the right to amend legislation proposed by others. As such, our modest member may quite rightly claim as an individual to have championed a cause in a way elected European parliamentarians can only dream of doing. Faced with continuous reelection campaigns Congressman also have a greater need to show to their electorate and those who fund their elections, including one may think the audiences in the room the other day, that they are indeed doing things that mean people should support them for. Our elected members in Brussels can choose to work hard or to disappear to Place Lux. The electorate will never know, nor do they particularly care. What they do in Brussels won’t matter a jot to their re-selection and re-election in any case.

Not to say that one system is necessarily better than another. A few months in to my time here I admire the connection between the elected and electors in America. There should be public debate on the issues of the day and public accountability at the ballot box for decisions good and bad. Party politics can be petty and detrimental to efficient outcomes, but it’s pretty essential for democracy. Brussels could do with some more of it. However, I have also come to appreciate that Brussels seems to debate policy issues in a much more rational way than Washington. The emotive debate played out in the media over healthcare just doesn’t happen to the same degree in Brussels. We would debate the ‘facts’ and seek to come to a consensus through a couple of years of legislative process where deals would be done. Here they hammer it out on the editorial pages and the winner takes all, or in the case of climate and energy legislation we all get nothing.

I am discovering that in this as in much else Brussels could do with some of Washington and Washington could do with some of Brussels.

James

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