Brendan Howlin (Wexford, Labour) | Oireachtas source

This is part of the submission we received from the Law Society. The Bill is consistent in placing the onus for registration on the person lobbying, for good reason. There is nothing in the Bill to prevent a person from consulting with the Minister at the time of the lobbying communication, or subsequently, regarding the sensitivity of the information prior to making a return if he or she is in doubt about whether the section applies. In addition, section 14 requires the commission to consult with any relevant Minister or Ministers before making a decision under section 14. In practice, it will probably be the case that any matter so sensitive as to impact on the interests of the State will also have a commercial sensitivity for the person lobbying.

With regard to the period of delay, section 14(11) provides that nothing in this section prevents the making of a determination under the section in respect of any information on more than one occasion.

With regard to revoking a delayed publication determination, the checks and balances in the Bill include a provision that decisions by the commission, including to revoke a determination, are subject to the appeals procedure as set out in section 23.