Oireachtas Joint and Select Committees

Wednesday, 7 December 2022

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach

Regulation of Lobbying (Amendment) Bill 2022: Committee Stage

Photo of Mairead FarrellMairead Farrell (Galway West, Sinn Fein) | Oireachtas source

I wish to speak on this section because I had tabled an amendment on this, which concerned the detail. Sometimes we need to look at the details supplied by applicants for inclusion on the lobbying register. In the process of lobbying presentations can often be made and documents or research can be provided to the designated public official, DPO, as part of the act of lobbying. This information should be made available through the lobbying register as it would add more value and transparency around the act of lobbying. For example, certain research provided to the DPO could be found to be persuasive initially and changes to policy or legislation could be made as a result. However, that research may later prove to be incorrect. It would be helpful if we could see that, as it could speed up the process of making other changes to legislation or policy.

I had hoped there would be a requirement for the publication of such lobbying materials through the lobbying register. I imagine anything considered commercially sensitive could be redacted to exclude anything that is commercially sensitive. As we are all aware, plenty of documentation is not commercially sensitive in nature. This would have acted as a first step towards improving the functionality of the register. It would allow for a kind of legislative or policy footprint to be created, where we could begin to connect specific lobbying activity to specific changes in legislation or policy.

I found it very unfortunate that the amendment was ruled out of order. I do not agree with the reasons for that. The Minister did so because he probably thought the amendment would create additional work for the DPOs and would, hence, represent a charge on the taxpayer. The relevant standing order is being applied much too liberally in relation to this amendment. It is clearly possible to think up another set of conditions where it would not create additional work for a DPO. For example, if the obligation to upload the documentation were placed on the person doing the lobbying, there would be no additional work created for DPOs.

I am concerned that Standing Orders and mechanisms such as the money message are being used too much at this stage. I have spoken to Deputies who have had Bills in the current Dáil blocked using a money message. The Minister and I have worked very well together in the past number of years. It is unfortunate, therefore, that I have to raise these particular concerns at what may be his last appearance at the committee. I disagree with this Standing Order being used to block this amendment when it did not need to create additional cost of the taxpayer. We could have thrashed out the issue. Having heard from other Deputies who believe money messages are being used to block their Bills in this kind of a scenario, I submitted a parliamentary question to every Department to find out how many Bills in the 33rd Dáil had received a money message. Today, I received the first response from a Department indicating that the question had been ruled out or order under Standing Orders. The Minister can imagine how frustrating it was to get that response, and then to see my amendment that the Minister and I could have discussed being ruled out of order. It would not create additional costs for the taxpayer, but it would provide additional information for the taxpayer on how legislation is decided, how lobbying works and what kind of information is provided as part of lobbying. It would benefit everybody to see how legislation can be amended as a result of lobbying. If that information is so crucial, the more people who are aware of it, the better it would be for society.

I know this practice was a major issue in the previous Dáil, which was before I was elected. A minority Government was in place at the time and it operated through a confidence and supply agreement. It is very frustrating, however, in this Dáil, when the Government has such majority, that this approach would be used again. It is becoming a bigger issue and I intend to write the Committee on Standing Orders and Dáil Reform to have the matter looked at.

This section would only benefit from including additional information to allow people to see how legislation is changed as a result of lobbying of politicians and DPOs. If this information is so important that people need to go to their DPOs to tell them they need to know this with regard to different legislation, surely it will only be of benefit if everybody in the population can become aware of it. I am extremely annoyed and frustrated by this.

Comments

No comments

Log in or join to post a public comment.