Brendan Howlin (Wexford, Labour) | Oireachtas source

Section 14(1) provides for delayed publication where the registrant believes the registration of the return relating to the lobbying activity would be expected to:

(a) have a serious adverse effect on—(i) the financial interests of the State,

(ii) the national economy, or

(iii) business interests generally or the business interests of any description of persons,or

(b) cause a material financial loss to the person to whom the information relates or prejudice seriously the competitive position of that person in the conduct of the person’s occupation, profession or business or the outcome of any contractual or other negotiations being conducted by that person.

Given the type of information which is required to be included under the terms set out in the legislation, I would not envisage much requirement for registrants to resort to this provision. Nevertheless, as a small open economy it is important that we have some mechanism to protect for a period genuinely sensitive information of this nature. The provision sets out several checks and balances to ensure that this saving provision is not misused. The thresholds in section 1 are high, requiring a serious adverse effect in relation to section 14(1)(a). In subsection (1)(b) the threshold requires “material financial loss” or to “prejudice seriously the competitive position”. That is the threshold that has to be met. The commission is obliged to consult relevant Ministers before making a decision on matters coming within the subsection. It must also take account of the public interest in coming to a determination. It has the option of making information available in summary form if there are some things it wants to exclude. There is a right of appeal to an independent appeals officer under section 23 and a right of further appeal to the High Court on a point of law after that. It is a saver clause that I am advised is necessary. It has high thresholds and on balance should remain in the Bill.

In respect of amendment No. 60, section 14 provides for delayed publication in certain circumstances on foot of a submission from the Standards in Public Office Commission, SIPO. I propose amendment No. 60 to section 14 to revert to the original timeframe of 21 days for the consideration of an application for delayed publication by the commission. This is to ensure that there is sufficient time for consultation as required under section 14(1). The Deputy may recall that on Committee Stage we changed this but SIPO has asked that I revert to the 21 days and I am minded, if that is what it believes it requires, to accept it.

See this speech in context