Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

I move amendment No. 1:

To delete all words after “That” and substitute the following: “Dáil Éireann:

— recognises that the Department of Public Expenditure and Reform’s review of the Regulation of Lobbying Act 2015 has just concluded; and

— resolves that the Regulation of Lobbying (Post-Term Employment as Lobbyist) Bill 2020 be deemed to be read a second time this day six months, to allow for a proposal for draft legislation to take account of the recommendations arising from that review to be brought forward.”

I thank Deputy Nash for bringing forward the Bill and for the opportunity to discuss this important matter. When the Minister for Public Expenditure and Reform, Deputy Michael McGrath, and I contributed to the discussion on the regulation of lobbying on Second Stage of the Regulation of Lobbying (Amendment) Bill introduced by Deputies Mairéad Farrell and Doherty on 24 November 2020, we committed to working with Deputies to address the issues raised. If I recall correctly, Deputy Mairéad Farrell pointed out at the time that there was cross-party consensus on the need for change. All present are in agreement on the importance of transparency and accountability to protect the public interest and to underpin public confidence in politics and in our democratic institutions.

I propose to outline to the House some background detail relating to the Regulation of Lobbying Act 2015. This is important in providing an overall context to the Bill being discussed this evening. I will set out information on the current operation of section 22 of the Act and provide an update on the review of the Regulation of Lobbying Act which has recently concluded.

Communication, dialogue and engagement are central to a well-functioning democracy. Interest groups, representative bodies, industry and civil society organisations, NGOs and third-party professional lobbyists all provide crucial input and feedback to the political and public administration systems. It is important that this activity is transparent and open to public scrutiny as part of the proper checks and balances that mitigate any attempt to seek to exert undue or improper influence on the conduct of policy formulation, development and decision-making.

The Regulation of Lobbying Act has been in operation since 1 September 2015. Its purpose is to bring that transparency. Since that date, there has been a requirement for those who lobby designated public officials, DPOs, as they are termed in the Act, to register and report on their lobbying activities every four months on the register of lobbying. Designated public officials include Ministers, Ministers of State, Members of the Oireachtas, MEPs, local authority members, special advisers and senior Civil Service and local authority officials. The register, which is a web-based system, can be viewed atwww.lobbying.ieand is overseen by the Standards in Public Office Commission. Currently, almost 2,200 organisations or individuals have registered their lobbying activity on the register and almost 56,000 returns are available to view. The lobbying.iewebsite includes a suite of information tools designed by SIPO to help lobbyists, DPOs and the public to fully understand the Act and its obligations.

As Deputies are aware, the Regulation of Lobbying Act contains a statutory review provision requiring that the operation of the Act be reviewed every three years. To date, two statutory reviews have been carried out. Public consultations were conducted on both occasions and the final reports were laid before the Houses of the Oireachtas. The second statutory review found that there is widespread acceptance and support for the legislation, with the Act and the register viewed in a positive and constructive light. It is clear from the submissions to both statutory reviews that the Act and the lobbying regulations it introduced have been well received and are now accepted as the norm. The Act is generally perceived to have met the intended objective of increasing transparency and accountability around the lobbying of DPOs, underpinned by a register that is easily accessible and navigable. In this regard, I compliment the work of the Standards in Public Office Commission, particularly with regard to the significant amount of guidance notes, website content on www.lobbying.ie, information notices and the tailored outreach that it conducts.

Turning to the specific context of section 22 of the Act, the section deals with restrictions on post-term employment as a lobbyist. It provides that certain designated public officials, such as Ministers, Ministers of State, special advisers and prescribed public servants, are restricted from engaging in lobbying in certain circumstances for a year after they leave their employment or office unless they obtain permission from SIPO. These circumstances are where the lobbying activity involves a public service body with which the relevant DPO was employed or held office in the year prior to his or her leaving or is to a person who was a DPO connected with that body in the year prior to the individual leaving. It is the responsibility of the relevant DPO to seek consent from the Standards in Public Office Commission to waive or reduce his or her cooling-off period prior to taking up the offer of employment. A relevant DPO who is unhappy with the decision of SIPO can make an appeal. Since the Act commenced in 2015, SIPO has received 20 such applications.

The purpose of section 22 is generally to manage the potential for conflicts of interest between the public and private sectors and to place restrictions on what has been perceived as a revolving door between the public and private sectors. There are no enforcement provisions associated with breaches of section 22 of the Act. The current approach was informed by the need to balance the right of a person to work and the proportionality of any limitations and any sanctions that may be imposed. It also did not want to have the unintended impact of deterring participation in politics or in public service roles, particularly those in positions of short to medium term duration.

The former Minister for Public Expenditure and Reform, Deputy Howlin, addressed section 22 on Committee Stage of the Regulation of Lobbying Bill in the Seanad in February 2015. He stated:

The imposition of restriction on post-term employment as a lobbyist on relevant designated public officials must be proportionate and practical because people have constitutional rights. One of the most difficult things is to narrow or circumscribe people's right to work, which is what this provision does.

The Bill before the House seeks to amend section 18 of the Regulation of Lobbying Act 2015 by including a contravention of section 22 within the definition of relevant contravention. It proposes that the proposed amendment would have retrospective effect.

As Deputies will be aware, the Taoiseach indicated in the House in late September last year that a review of section 22 of the Act was to be undertaken by the Department of Public Expenditure and Reform. In response to the request of An Taoiseach and in the context of the two statutory reviews of the legislation conducted in 2017 and 2019, the Bill before the House and that initiated by Deputies Mairéad Farrell and Doherty, a thorough review of the Regulation of Lobbying Act 2015 has been conducted and recently concluded. That is the commitment that the Minister, Deputy Michael McGrath, and I made to the House last November. It must be remembered that this is a complex policy area and a detailed review was necessary to properly assess the policy, legal and practical implications of the issues raised. I assure Deputies that the review was informed by the concerns raised and points made in the House last November. It is the intention of the Minister, Deputy McGrath, to bring a memorandum to the Government before the summer break, outlining the findings of the review and setting out associated recommendations.

Given the substantial overlap between the Bill before us and the wider review of the Act that has been completed, the proposed time-limited amendment of six months to the motion that the Bill be read a Second Time would allow a sufficient period to bring forward a proposal for draft legislation to take account of the recommendations arising from the wider review, subject to Government approval.

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