Timmy Dooley (Clare, Fianna Fail)
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9. To ask the Minister for Public Expenditure and Reform his plans for regulation of lobbying; and if he will make a statement on the matter. [24653/13]

Brendan Howlin (Wexford, Labour)
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I recently secured Government approval for the drafting, by the Office of the Parliamentary Counsel, of the Lobbying Regulation Bill. The general scheme of the Bill has been published on my Department's website.

The main aim of the proposed regulatory scheme is to strengthen public confidence in politics and in the business of government, as well as to increase the accountability of decision-makers by subjecting public policy-making, and those who seek to influence it, to greater openness and transparency.

The proposed Bill provides for a statutory web-based register of lobbying activity. The key features of the proposed regulatory system include the following: communication with designated public officials or office holders on specific policy, legislative matters or prospective decisions will be subject to registration. The focus of the lobbying register will be on the subject matter of the communication, the purpose of the lobbying, the organisations and person lobbied and the type and intensity of lobbying. It is intended that the Standards in Public Office Commission, SIPO, will be responsible for managing the implementation of the register and for monitoring compliance. An important part of this function will be to provide guidance to registrants. The proposed Bill will also allow for the regulation of a "cooling-off" period for up to a year for former public officials seeking to lobby former colleagues they worked with in a public body. A more extended blanket prohibition on post-public employment is likely to conflict with a person's right to earn a livelihood. Normal citizen interaction with their local political representatives is a fundamental democratic right and will not be subject to registration other than when it relates to land rezoning and development issues in light of the recommendations of the Mahon tribunal.

Lobbying activity forms an important element of the democratic process. It contributes to greater openness and transparency on public policy formulation and provides valuable input to the decision-making process. The intention of this Bill is to continue to encourage such participation and engagement but to ensure that it occurs in an open and transparent manner.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I understand that is generally the scheme about which the Minster has spoken and he wrote to the Oireachtas Joint Committee on Finance, Public Expenditure and Reform during the month saying that he hopes to have the legislation enacted by the end of the year. What is his plan for the commencement and implementation date of that legislation? Many Bills have been enacted but never commenced.

Today we heard that the Taoiseach held formal talks with the tobacco industry. Some of the big asset sell-offs such as the part sale of Bord Gáis, the national lottery licence and the ESB stations about which we will talk for the next decade will happen or be under way before this legislation comes in. It looks as if the legislation is being delayed or not proceeding in advance of the sale of State assets. The legislation could have been brought in last year. It looks as if we will wait till the assets are sold off before bringing in the legislation so that people cannot influence major Government decisions after the fact.

Brendan Howlin (Wexford, Labour)
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I will commence the legislation as soon as I can but I do not want to pre-empt the legislative process. I hope to bring it to Government very shortly and I will publish it immediately thereafter but there is a growing queue to get into the Oireachtas Joint Committee on Finance, Public Expenditure and Reform now and it will be very busy for the next while.

There are clear, published protocols about the handling of the sale of State assets. I have made it clear that in respect of any information from a bidder or potential bidder my immediate staff has had no contact at all with such persons. There is a portal, an access point, through NewEra and a designated officer to handle that and the protocols surrounding that are published.

What was the Deputy's last point? I have written "lobbying".

Seán Fleming (Laois-Offaly, Fianna Fail)
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It was about the tobacco industry.

Brendan Howlin (Wexford, Labour)
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Everyone is entitled to lobby. The issue about the lobbyist register is that everyone is entitled to know who is lobbying. It is also important lobbying is done in an open and transparent way.

Seán Fleming (Laois-Offaly, Fianna Fail)
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Will the Minister put the Standards in Public Office Commission, SIPO, on notice to put arrangements in this regard in place? Before, when we have passed legislation, it has taken six to 12 months to have new systems put in place so the legislation’s provisions could become operational. SIPO should be put on notice on the general scheme of this proposed legislation to ensure it does not commence putting the systems in place after the legislation is enacted but beforehand.

With another budget coming up in several months’ time, the motor industry could be lobbying on motor tax, the pharmaceutical industry on the costs of medicine or the drinks industry on the sponsorship of sports. Will the Minister put a voluntary registration in place so the public can see who is lobbying which Minister about what in the months ahead?

Brian Stanley (Laois-Offaly, Sinn Fein)
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Yesterday, at a Dáil committee hearing on the IFSC Clearing House Group, I had the most educational day since I was elected-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Good man, but do not tell us about it. Just ask a question.

Brian Stanley (Laois-Offaly, Sinn Fein)
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I realised where the centre of the power is.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy, we have three minutes left and there is another Deputy with a question coming up.

Brian Stanley (Laois-Offaly, Sinn Fein)
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Will the Minister include the IFSC Clearing House Group in the lobbying legislation?

Mick Wallace (Wexford, Independent)
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The Minister claims the legislation will prevent former members of a Government from lobbying for a year. Transparency Ireland has pointed out this is too short a time. Does the Minister believe five years would make more sense?

Brendan Howlin (Wexford, Labour)
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I will have to think about putting the IFSC in the lobbying legislation. I will come back to Deputy Stanley on the matter.

On the cooling-off period, people are entitled to make a living, as Deputy Wallace knows full well, and people have constitutional rights in this regard. On the notion that one could be disbarred, for example, say the Minister for Justice and Equality wants to become a solicitor again----

Mick Wallace (Wexford, Independent)
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I wish he would.

Brendan Howlin (Wexford, Labour)
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Should he be debarred? Maybe I am asking the wrong person that question. Let me make it easier - should the Minister for Health be allowed to be a doctor again? The embargo on lobbying will not only apply to officeholders, but also to senior public servants. What grates with people is that senior public servants dealing with an industry or an issue can seamlessly move within a month of leaving office to the other side of the fence, well-armed with information. A year is a reasonable time for cooling off because matters move on without unnecessarily impacting on a citizen’s right to earn a living. Otherwise, we may have to pay people for that period given.