Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

Yes. My legislation has been drafted and is in the system. I think the Ceann Comhairle has it listed for tomorrow. It may be listed for another day but that is beyond my control now, to some extent. I would hope that the guidelines will substantially dove tail with what is in my draft legislation. If that is the case, then all I will ask the Minister to do is take one further step and put the guidelines on appointments to State boards on a statutory footing rather than leaving matters the way they are, whereby it is left up to Ministers to adhere to the guidelines. We can talk about that further. Having discussed this legislation on Second Stage, I felt that there was a big lacuna that needed to be addressed because this Bill does not deal with appointments to State boards.

That is why I tabled amendment No. 7.
The Minister has stated that, in the context of communications with members of the Government regarding appointments to State boards, he is publishing guidelines today. That is a very welcome development. I hope that what he proposes can be placed on a legislative footing. Amendment No. 7 is the acid test and it is fundamental that the provision it contains be included in the Bill. If it is not, the Bill is will fail the test of public opinion. Members of the Oireachtas have their own views with regard to what is and is not necessary but members of the public have their own opinions. We must take on board the views of members of the public and I believe they would like to see the introduction of legislation relating to appointments to State boards. An essential part of such legislation would be provisions relating to communications with Government Ministers. I am of the view that legislation in this regard will be forthcoming in due course and I hope the Minister will agree to take that step tomorrow.
Amendment No. 8 suggests the insertion into the Bill of the phrase "lobbies a consultant employed to carry out work for or on behalf of a public body or Government Department". This is also an extremely important amendment, particularly as everything seems to be outsourced at present. Different Departments may engage consultants to carry out work in respect of taxation proposals, public expenditure proposals, shared services and many other issues. If one lobbies the consultant employed to perform a particular task, it can sometimes prove far more effective than lobbying a Government official or a Minister. By the time a matter reaches the relevant official or Minister, a body of documentation will have been produced and if it is any way correct it might carry through the system to a conclusion. There is a very big gap in this area in the context of the consultants carrying out work such as that to which I refer. There was a time when this work would have been done by public servants and such a scenario would be captured under the legislation. Now, however, public bodies can outsource work to consultants and this means it is not being done by their staff. As a result, the matter falls outside the scope of the legislation. Lobbying consultants employed by public bodies to carry out work on their behalf should" be contemplated under the Bill.
In amendment No. 9 I am seeking to have included in the Bill the phrase "lobbies Irish Rail and such person shall be required to be a registered person pursuant to section 8". Irish Rail is a State monopoly. The Minister and I share the view that semi-State companies which are competing commercially should not be placed at a disadvantage in the context of the companies in the private sector against which they are competing. Irish Rail is not in competition with anyone because it is the only rail company in the country. It is a State monopoly and it could be lobbied in respect of matters as diverse as the purchase of trains, equipment, contracts, maintenance, services, health and safety, new routes or the deletion of routes or timetables. As a result, it is important that Irish Rail be included under the legislation.
I am seeking, by means of amendment No. 10, to include in the Bill the phrase "lobbies Irish Water and such person shall be required to be a registered person pursuant to section 8".