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Seanad: Regulation of Lobbying Bill 2014: Committee Stage (5 Feb 2015)

Brendan Howlin: That may be so, but it is not a legal definition.

Seanad: Regulation of Lobbying Bill 2014: Committee Stage (5 Feb 2015)

Brendan Howlin: I take it they would not arrive in England without being contacted in Ireland. If they are invited and lobbied in Ireland to go to England, then that obviously is captured.

Seanad: Regulation of Lobbying Bill 2014: Committee Stage (5 Feb 2015)

Brendan Howlin: If the councillors are approached, as a council, by somebody through lobbying them, or if I get a letter in Wexford-----

Seanad: Regulation of Lobbying Bill 2014: Committee Stage (5 Feb 2015)

Brendan Howlin: -----from a UK company - of course that is lobbying.

Seanad: Regulation of Lobbying Bill 2014: Committee Stage (5 Feb 2015)

Brendan Howlin: That would be lobbying.

Seanad: Regulation of Lobbying Bill 2014: Committee Stage (5 Feb 2015)

Brendan Howlin: How do we capture that? How does SIPO follow that up?

Seanad: Regulation of Lobbying Bill 2014: Committee Stage (5 Feb 2015)

Brendan Howlin: There would be a legal obligation on that company to register because it is lobbying me in the Irish jurisdiction and it is captured by Irish legislation.

Seanad: Regulation of Lobbying Bill 2014: Committee Stage (5 Feb 2015)

Brendan Howlin: I have already answered the point as I do not want to reverse the structure of the Bill. I presume what the Senator is referring to would take place in Northern Ireland, for example. Some Members in the House may live in Northern Ireland so when they go home and speak to neighbours, they could find themselves captured by the legislation. It is not practical to reverse the core of the Bill,...

Seanad: Regulation of Lobbying Bill 2014: Committee Stage (5 Feb 2015)

Brendan Howlin: It would be impossible.

Seanad: Regulation of Lobbying Bill 2014: Committee Stage (5 Feb 2015)

Brendan Howlin: I would not like to leave the challenge of obduracy on the record. I have been very open to any suggestion and I have thought carefully about every amendment. I want this to be practical. I have indicated to the Senator that we cannot see this piece of legislation in isolation. Irish officials abroad are subject to the Standards in Public Office, SIPO, Act. I may have heard the Senator...

Seanad: Regulation of Lobbying Bill 2014: Committee Stage (5 Feb 2015)

Brendan Howlin: As with many enactments, it was described as intrusive, overarching and the actions of a nanny state when it affected certain people but proper, thorough and correct when it affected everybody else. The Ethics in Public Office Act and the freedom of information legislation gives insight into any improper activities that might occur. I want to make this as practical as I can for the reasons...

Seanad: Regulation of Lobbying Bill 2014: Committee Stage (5 Feb 2015)

Brendan Howlin: I do not get overnights either.

Seanad: Regulation of Lobbying Bill 2014: Committee Stage (5 Feb 2015)

Brendan Howlin: I thank Senator van Turnhout for her amendment and for the correspondence and the discussions we have had on this matter. I want to formally clarify on the record of the House that registering on this website once it has been established will have no impact on a person's application for, entitlement to or consideration of any matter referred to in section 5(9)(c) of the Bill. The Bill is...

Seanad: Regulation of Lobbying Bill 2014: Committee Stage (5 Feb 2015)

Brendan Howlin: Senator Norris has addressed the issue, probably more succinctly than I could. As I have stated, we have held a significant amount of discussions on this across the public sector, lobbying organisations and NGOs and they do not want to be overburdened in this regard. If every approach they made had to be costed and the cost was aggregated for every voluntary organisation, they would...

Seanad: Regulation of Lobbying Bill 2014: Committee Stage (5 Feb 2015)

Brendan Howlin: That is not what Senator Ó Clochartaigh intends but that would be the net result. On balance, I have given assurances to those organisations that I would make this as practical as I can. I will not accept the amendment.

Seanad: Regulation of Lobbying Bill 2014: Committee Stage (5 Feb 2015)

Brendan Howlin: I have nothing to add.

Seanad: Regulation of Lobbying Bill 2014: Committee Stage (5 Feb 2015)

Brendan Howlin: An amendment was made in the Dáil which addresses the concerns raised by the Senators relating to the exclusion of unpaid volunteers from the requirement to register under the Bill. I do not want to be disingenuous, but I tabled a mirroring amendment to meet the request of the Fianna Fáil Deputy. In the Seanad, dare I say, this was probably inadvertently resubmitted.

Seanad: Regulation of Lobbying Bill 2014: Committee Stage (5 Feb 2015)

Brendan Howlin: Section 14(1) provides for a delayed publication where the registrant believes that the registration or the return relating to the lobbying would have one of the following effects: a serious adverse effect on the financial interests of the State, on the national economy, business interests generally or the business interests of any description of persons. It is reasonable where any action...

Seanad: Regulation of Lobbying Bill 2014: Committee Stage (5 Feb 2015)

Brendan Howlin: When I say this will be limited in its use, it is there as an ar-eagla-na-heagla provision, but there are clear and strong checks and balances before it can be utilised. I will bring the Senators through those. The thresholds are set out in the Bill. It requires, first, in subsection (1)(a), that it would be a serious adverse affect. In subsection (1)(b), the threshold requires that it...

Seanad: Regulation of Lobbying Bill 2014: Committee Stage (5 Feb 2015)

Brendan Howlin: 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. I have said we will apply this to the following categories: Ministers of the...

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