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Registration of Lobbying Bill 2014: Report Stage (Resumed) (15 Jan 2015)

Brendan Howlin: The Deputy is being more than a tad mischievous in how he has presented this. He knows full well that I intend to include public servants in the legislation. I explained in some detail on Committee Stage that I would do this in a different format. I am prescriptive as regards Ministers, Deputies and members of local authorities because they are a discrete, finite group. In terms of...

Registration of Lobbying Bill 2014: Report Stage (Resumed) (15 Jan 2015)

Brendan Howlin: Section 5, “Meaning of carrying on lobbying activities”, gives a very broad definition. A person is lobbying if that person “makes, or manages or directs the making of, any relevant communications” in the circumstances set out. “Relevant communications” are defined in subsection (3): “In subsection (1)“relevant communications”...

Registration of Lobbying Bill 2014: Report Stage (Resumed) (15 Jan 2015)

Brendan Howlin: Yes.

Registration of Lobbying Bill 2014: Report Stage (Resumed) (15 Jan 2015)

Brendan Howlin: Yes.

Registration of Lobbying Bill 2014: Report Stage (Resumed) (15 Jan 2015)

Brendan Howlin: Other regulatory issues covering, for example, the environment, in which a State company is involved, would be captured by this. This is the normal governance relationship between a Minister or a Department and a company whose shareholding resides with the Minister, to do the proper business of governing the company. Lobbying outside that sphere would be captured by this Bill.

Registration of Lobbying Bill 2014: Report Stage (Resumed) (15 Jan 2015)

Brendan Howlin: We had this discussion on Committee Stage. I will put it in some context. When framing the Bill, we looked at best international practice. A number of options were available to actually define what lobbying is. Different jurisdictions have tried different definitions. Most of us would ask "What is lobbying?" In plain English, it is attempting to influence decision-making. That is the...

Registration of Lobbying Bill 2014: Report Stage (Resumed) (15 Jan 2015)

Brendan Howlin: That is not what I said.

Registration of Lobbying Bill 2014: Report Stage (Resumed) (15 Jan 2015)

Brendan Howlin: That is not what I said at all.

Registration of Lobbying Bill 2014: Report Stage (Resumed) (15 Jan 2015)

Brendan Howlin: That would come under freedom of information legislation.

Registration of Lobbying Bill 2014: Report Stage (Resumed) (15 Jan 2015)

Brendan Howlin: Lobbying has a distinct meaning under the Bill.

Registration of Lobbying Bill 2014: Report Stage (Resumed) (15 Jan 2015)

Brendan Howlin: No. Do not twist my words.

Registration of Lobbying Bill 2014: Report Stage (Resumed) (15 Jan 2015)

Brendan Howlin: CIE is not a public body and would not be exempt, which means that example would fall. I will return to the principle in any event. We are discussing lobbying, and not every type of communication made within a body is relevant, such as when a principal officer speaks to an assistant principal or the Secretary General of a Department speaks at the weekly management advisory committee...

Registration of Lobbying Bill 2014: Report Stage (Resumed) (15 Jan 2015)

Brendan Howlin: That would be captured by the baldness of the amendment.

Registration of Lobbying Bill 2014: Report Stage (Resumed) (15 Jan 2015)

Brendan Howlin: The amendment is much broader.

Registration of Lobbying Bill 2014: Report Stage (Resumed) (15 Jan 2015)

Brendan Howlin: At present, section 5(4)(m) provides an exemption for certain communications between a body and a Minister who holds a share or who has a statutory function with regard to the body. The exemption is intended to cover governance matters made within the ordinary course of business of a commercial semi-state body. Commercial semi-state bodies are of strategic importance, and we have spoken...

Registration of Lobbying Bill 2014: Report Stage (Resumed) (15 Jan 2015)

Brendan Howlin: It has to be practical.

Registration of Lobbying Bill 2014: Report Stage (Resumed) (15 Jan 2015)

Brendan Howlin: We discussed this on Committee Stage. This is the first time we have had this type of legislation. We talked about it for a very long time. I championed it in opposition. I am anxious, having had very detailed discussions with everybody who was concerned about this, to make sure it works. The key issue is what kind of communication we are talking about. We are talking about lobbying,...

Registration of Lobbying Bill 2014: Report Stage (Resumed) (15 Jan 2015)

Brendan Howlin: A local authority is a not-for-profit organisation. Any policy made by a local authority is democratically put before the members.

Registration of Lobbying Bill 2014: Report Stage (Resumed) (15 Jan 2015)

Brendan Howlin: It is a democratic-----

Registration of Lobbying Bill 2014: Report Stage (Resumed) (15 Jan 2015)

Brendan Howlin: No.

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