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Written Answers — Department of Public Expenditure and Reform: Public Sector Reform Implementation (10 Feb 2015)

Brendan Howlin: I published the Civil Service Renewal Plan along with the Taoiseach on 30 October last.  The Plan was informed by a year-long engagement and consultation process which involved some 2,000 staff and stakeholders.  It brings together the work of the Independent Panel on Strengthening Civil Service Accountability and Performance and the work of the Civil...

Written Answers — Department of Public Expenditure and Reform: Pensions Levy (10 Feb 2015)

Brendan Howlin: It is understood that the measure to which the Deputy's question refers is the Public Service Pension Reduction (PSPR), which came into effect on 1 January 2011. It became law via the Financial Emergency Measures in the Public Interest (FEMPI) Act 2010 and was subsequently amended via the FEMPI (Amendment) Act 2011 and the FEMPI Act 2013. Detailed application of the public service...

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

Brendan Howlin: Having listed to Senator Barrett, I am minded to think back to my time as Minister for the Environment in the Custom House, when I embarked on a series of communications with what could be described as lobbyists for the taxi industry. I met representatives from various interest groups over a protracted period, and it happened that the leader of the first delegation that came to visit me left...

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

Brendan Howlin: I think we have rehearsed these issues in previous amendments. I do not want to reverse the position. The structure of the Bill is that the lobbyist is required to register. Once we see on the register that somebody has been lobbying, it is a signal that we should use the other legislation we have - for example, by using the Freedom of Information Act to find out what happened, who was in...

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

Brendan Howlin: I take the point. Senator Norris likes to put things in a colourful way, and that is fine. The amendment does not refer to the array of officials and groups that I have named in the Bill as those who are lobbied. The Senator simply confines it to Ministers and officials - again, not defining the officials to be covered by this amendment.

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

Brendan Howlin: In law, one has to define what one is talking about.

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

Brendan Howlin: In what sense? Will it apply to every official, every clerical officer and everyone who is talked about? Senators and Deputies are excluded because it would mean we would have to write and publish an official note on what was said by every residents' group or IFA delegation at our clinics.

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

Brendan Howlin: No. I am saying what I think, but Senator Norris would obviously regard that as unacceptable.

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

Brendan Howlin: But every official-----

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

Brendan Howlin: I will stop.

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...

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

Brendan Howlin: It is striking a balance of proportionality. People might determine it acceptable to restrict somebody's activities for a year, but one would be in more dangerous territory going beyond that.

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

Brendan Howlin: The restriction is they would have to seek the advice of SIPO to determine the appropriateness of any such position. This is how we have couched it rather than designating what would not be allowed. On a case-by-case basis the independent standards commission will make the determination and give the advice accordingly.

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

Brendan Howlin: This amendment stands at the request of the Standards in Public Office Commission which contacted my office and asked for it. The Ethics in Public Office Act 1995 provides the commission with authority to delegate its functions to staff of the commission. The commission is strongly of the view that to avoid any possibility of future legal challenges the question of its powers of delegation...

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...

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