Paul Connaughton (Galway East, Fine Gael) | Oireachtas source

I welcome the opportunity to contribute to the debate on the Bill. The need for legislation to regulate lobbying was well identified in the final report of the Mahon tribunal. I am glad that the Government has taken the necessary steps to make the lobbying system more transparent. The report of the Mahon tribunal noted that professional lobbyists should be registered and obliged to reveal the identity of their clients, the objective of their lobbying activity and details of the public institutions being lobbied on a regular basis.

The need for a statutory-based code of conduct was highlighted as was the fact that senior officeholders should be required to record and publish details of their contacts with professional lobbyists.

Prior to the publication of the report but following evidence given in the course of the Mahon tribunal the need for a regulated system of lobbying was evident. That is why the Government undertook to regulate lobbying as part of its commitment on political reform and as part of the programme for Government. It is interesting to note that the last five efforts at legislating in this area failed. No further delay should be entertained in dealing with the subject.

The aim of the Bill is to ensure greater openness and transparency on public policy formulation, development and decision-making. However, we must ensure that the process is not too convoluted or cumbersome to the point where non-professional lobbyists or members of the public are dissuaded from contacting their local representatives or Ministers in respect of a topic that interests or affects them.

I am pleased to note that the legislation is underpinned by the ten principles for transparency and integrity in lobbying developed by the OECD, in particular, the second principle of the code which aims to ensure a good fit with political culture. One of the strengths of Irish political culture is the high level of access the public has to political representatives. There is nothing in the Bill that will necessitate a reduced level of access. The most important element of the OECD ten principles is the fostering of a culture of integrity. This includes a cooling-off period before Ministers, senior officials or political advisers can take up a position in the private sector that may present a conflict of interest with a previous public role. Through voluntary codes of conduct efforts have been made to increase transparency but only putting these on a statutory footing will ensure real progress can be achieved.

Defining a lobbyist is the first task of the Bill. Lobbying is defined by the activity rather than the person and I believe this is the correct approach. The lobbyist is an employer or person who, in the course of his business and in return for payment in money or money's worth, makes, manages or directs communications to a designated public official in respect of a relevant matter. The development or rezoning of land is to the fore in terms of relevant matters especially in view of the events of recent years, in particular the events investigated by the Mahon tribunal. However, I believe that in future more concern will be placed on attempts to modify public policy, prepare legislation, award licences and arrange exemptions to various systems. In the coming years I anticipate that issues such as wind farms, fracking, telecommunications licences and control of tobacco, alcohol, gambling and gaming are the areas that will form the nexus between politicians and lobbyists. It is imperative that a clear legislative framework is in place to avoid conflicts of interest and to allow the public to access information of the lobbying process.

There are several exemptions to the legislation and if the Bill is to function effectively these should be communicated widely. Exempted communications include those made in the proceedings of an Oireachtas committee, where they could pose a danger to the security of the State. They also include information made to a public official in response to a request by that official or communications between members of a relevant body appointed by a Minister or public service body for the purpose of reviewing any public policy.

One element of the Bill that I question relates to where a person ceases lobbying permanently. If a person ceases lobbying he can notify the Standards in Public Office Commission and the change will be stated on the register, but he will not be deleted from the register even though he need not make any more returns. It is only fair that if someone ceases lobbying permanently then after a period of three or five years his name should be deleted from the register. Otherwise, the register would become useless, clogged up with people who worked as lobbyists ten, 20 or 30 years ago. This would take from the transparency of the register and work against the object of the legislation. This aspect should be reviewed.

Irish farm organisations have expressed some concern in respect of the Bill taking the view that it may be impractical, unworkable and prohibitively costly. However, most of the interaction between the IFA and politicians is conducted by unpaid individuals and I do not believe that the current system would be too cumbersome for interest groups, whether farming, environmental or other interest groups.

The Bill is long overdue and represents a step towards greater transparency in government. However, just as an earlier version in Australia needed to be updated because it proved unworkable, the current legislation will only be effective if it results in a change in mindset in respect of contact between professional lobbyists and public representatives.

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