Mr. John Devitt:

No, I do not have any concerns other than those I have already highlighted in respect of the wording. I believe it would be easier to enforce that particular provision if it was clear that it would only arise or be enforced where a lobbyist is in contravention of the Act. It would then be clear that, where someone is lobbying but has not registered or has failed to file a return, designated public officials, DPOs, should not engage with that person. This approach was taken by the European Commission some time ago when European Commissioners agreed not to meet with lobbyists who were not registered on the EU's transparency register, so it is an approach taken in other jurisdictions, most notably the institutions of the European Union.

I will address the issue of the potential burden posed by the regulation of lobbying by not-for-profit organisations, if I may. We have not found this particular Act particularly cumbersome but related legislation, the Electoral (Amendment) Act 2001, has posed enormous difficulties for the sector. This imposed restrictions on political parties but also imposed the same restrictions on what are known as third parties. Where organisations are in receipt of a donation of more than a given amount - I believe it is €100 or €200 - they are obliged to register as a third party with the Standards in Public Office Commission and are then subject to draconian restrictions on funding such that they are unable to receive more than €1,000 in any one year from any individual or any donations at all from overseas, including from overseas trusts and charitable organisations. This has placed a disproportionate and unforeseen burden on many organisations in the sector.

It has also resulted in a degree of confusion as to what triggers compliance with the Act. If a non-profit organisation is in receipt of donations to lobby for reform, it is unclear whether it has to register under the Act. A similar requirement is not placed on businesses that are lobbying, but this requirement is placed on organisations that receive charitable donations. As I have said, this has posed a particular challenge to the sector and could be addressed by making it clear that, where an organisation is compliant with the Regulation of Lobbying Act 2015, it does not also have to comply with the Electoral Acts 1992 to 1999, unless it is campaigning around an election or referendum.