Joe Costello (Dublin Central, Labour)
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I firmly believe we need legislation to ensure that professional and corporate lobbyists are obliged to be registered, and that the lobbying industry would be regulated. We saw the extraordinary scenario in the not too distant past in the Flood and Mahon tribunal that showed how a lobbyist extraordinaire, Frank Dunlop, virtually corrupted an entire planning process in the capital city of this country. Public representatives were bribed, as were council officials. In the Moriarty tribunal we saw how large portions of money were given to individuals, particularly to political representatives, for nefarious purposes and that undermined the democratic process.

We have a responsibility to ensure our house is in order and that the entire political establishment is above reproach. One way to do this is by having appropriate legislation in place so that anybody engaged in lobbying public representatives for planning, ministerial decisions or any other activity must be properly registered and their activities regulated.

That is not the case at present. There is no regulation or register of lobbyists in this country and anybody can operate with impunity in the area. The Labour Party tried to address the issue in 1999 when we introduced a Registration of Lobbyists Bill in the Seanad. It was a colleague of ours, Pat Gallagher, who was then a Senator and had earlier been a Deputy, who introduced the first piece of legislation. When that was rejected we tried again in 2003, 2005 and 2008. On all occasions, Fianna Fáil-led Governments rejected the attempt to put the registration and regulation of lobbyists on a statutory footing.

The first programme for Government of the present coalition, which was agreed by the Green Party and Fianna Fáil two and a half years ago, included a provision to give a statutory basis to the regulation of lobbyists. Nothing has happened over the last two and a half years, however. The most recent version of the programme for Government, which was signed by Fianna Fáil and the Green Party a couple of weeks ago, contains the bare statement that "we will introduce a Register of Lobbyists, including professional, corporate and NGO". If it is lucky, the Government will have two and a half years to deliver on that promise. That is the maximum period it will have. It will test the mettle of the Green Party, which loudly proclaimed when it was in Opposition that it intended to provide for an ethical basis for politics across the board. It now has an opportunity to do so.

I ask the Minister of State, Deputy Áine Brady, to clearly state whether legislation is being prepared at present. Two and a half years have gone by without an inkling of any legislation. A fresh commitment has been made. I would welcome a commitment to introduce legislation at an early stage so that it can be debated properly. If we are to ensure that the profession of politics is strengthened, we need to put in place a statutory basis which ensures that those who might engage in lobbying, for one reason or another, have to abide by proper regulations and sign up to a register of lobbyists.

Áine Brady (Kildare North, Fianna Fail)
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I will respond to this matter on behalf of the Minister for the Environment, Heritage and Local Government, Deputy Gormley. I thank Deputy Costello for raising this issue. Ireland has built up a wide range of instruments, aimed at improving transparency and ethical behaviour in public life, over recent years. I refer to the Freedom of Information Acts, the ethics legislation and the various codes of conduct, for example.

Lobbying is a legal and necessary element of the dynamics of a democracy. The development of policy should respond to influence and to the views of those affected by it. It is important that such influence is open and transparent. The renewed programme for Government contains a commitment to the introduction of a register of lobbyists, including professional, corporate and non-governmental organisations. The challenge is to ensure that a register suits our circumstances. In the normal course of events, lobbying and the making of representations are healthy and welcome activities. Citizens, interest groups and businesses engage in lobbying to communicate their legitimate preferences to decision-makers. A variety of consultative mechanisms have been put in place, by means of legislation and practice, to provide for comprehensive inputs to policy development and implementation to be made. The work of lobbyists must be seen in this wider context. The Government and the Civil Service do not have all the answers. We need to be informed by outside views from industry, environmental non-governmental organisations and private citizens. It is natural that, from time to time, concerns will be raised as to whether undue influence is being brought to bear.

Many democracies have introduced systems to register professional lobbyists. Some countries, such as the United States, have complex and long-standing systems of regulation and oversight. Other jurisdictions rely on voluntary systems of regulation. A limited number of public relations companies in Ireland carry out lobbying work on a fee basis. I estimate that fewer than 30 public relations companies carry out an element of lobbying as a subset of their other public relations activities. Certain non-governmental organisations, former parliamentarians and political advisers and legal firms are also involved in lobbying on behalf of their clients. Ireland has a particularly open political system. Deputies and Ministers meet individuals and interest groups frequently during their day-to-day business and at their constituency clinics. We have operated a wide form of social partnership across the public sector. Our system lends itself to easy and free access to decision makers. While that is a good thing, it brings about a challenge in terms of regulation. An OECD report, Building a Legislative Framework for Enhancing Transparency and Accountability in Lobbying, recognises that a country's lobbying practices are deeply embedded in its democratic and constitutional setting.

The Government's policy challenge is to provide for effective regulation that is appropriate to Ireland's national circumstances and designed to capture our open system, without putting an unnecessary administrative drain on public resources. In considering such a system, the principles of regulatory impact assessment suggest that regulation must be necessary, effective, consistent and proportional. The Minister for the Environment, Heritage and Local Government is considering these issues on behalf of the Government, in line with the commitment in the renewed programme for Government. He intends that his Department will constructively explore options with representatives of the lobbying industry to make progress with the most appropriate approach to the introduction of a register.