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Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Registration of Lobbying Bill 2014: Committee Stage (25 Nov 2014)

Brendan Howlin: It is the implementation phase of settled policy.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Registration of Lobbying Bill 2014: Committee Stage (25 Nov 2014)

Brendan Howlin: We can review it in a year to see how it works.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Registration of Lobbying Bill 2014: Committee Stage (25 Nov 2014)

Brendan Howlin: I move amendment No. 39: In page 8, line 23, to delete " "relevant matters" means any matters" and substitute " "relevant matter” means any matter".

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Registration of Lobbying Bill 2014: Committee Stage (25 Nov 2014)

Brendan Howlin: I move amendment No. 40: In page 8, line 26, after "preparation" to insert "or amendment".

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Registration of Lobbying Bill 2014: Committee Stage (25 Nov 2014)

Brendan Howlin: I move amendment No. 42: In page 8, line 29, to delete "matters" and substitute "any matter".

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Registration of Lobbying Bill 2014: Committee Stage (25 Nov 2014)

Brendan Howlin: I thought I had explained in some detail that for the first time we have a robust system with regard to appointments to State boards. Many Governments have not grasped the nettle over the years, but we have done so. It is not a matter of lobbying. We are making good progress on this lobbying Bill and are focused in a clear way on it. To graft on extraneous matters such as appointments to...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Registration of Lobbying Bill 2014: Committee Stage (25 Nov 2014)

Brendan Howlin: As I indicated to the Deputy, what I am trying to do is strike a balance. I do not wish to introduce an onerous code that would collapse normal public business, but to meet the specific point the Deputy has made, if she looks at page 8 of the Bill, in section 5(5) it is stated the Minister shall prepare and publish a code to be known as the transparency code, setting out how, having regard...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Registration of Lobbying Bill 2014: Committee Stage (25 Nov 2014)

Brendan Howlin: That is being worked on coterminously with the Bill.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Registration of Lobbying Bill 2014: Committee Stage (25 Nov 2014)

Brendan Howlin: I am advised that it will be ready before the Act is commenced.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Registration of Lobbying Bill 2014: Committee Stage (25 Nov 2014)

Brendan Howlin: I move amendment No. 37: In page 8, lines 14 and 15, to delete “of the relevant matters” and substitute “relevant matter”.Amendments Nos. 37, 39 and 42 are technical amendments to ensure there is consistency of phrasing throughout the Bill. They have the effect of describing the commission in the singular person throughout the Bill. Section 5(7) includes within...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Registration of Lobbying Bill 2014: Committee Stage (25 Nov 2014)

Brendan Howlin: The provision relates only to matters concerning the implementation of a policy or programme, enactment or award or matters of a technical nature, that being the operative phrase. The provision is again seeking to find the appropriate balance in the Bill to ensure that significant communications affecting policy will be captured, published and accessible but low-level communications...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Registration of Lobbying Bill 2014: Committee Stage (25 Nov 2014)

Brendan Howlin: The reference states “apart from matters relating to the implementation of such policy, programme, enactment or award”. The optimal points relate to “the implementation” and “or of a technical nature”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Registration of Lobbying Bill 2014: Committee Stage (25 Nov 2014)

Brendan Howlin: I will return to the committee in advance of making any such decision. As I said, what I intend to do in the first iteration of the Bill is to capture those groups that are designated public officials as set out in section 6(1). I have the power to broaden that list and will do so over time, in accordance with section 6(1)(g). I will be happy to hear the Deputy's views in that regard in...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Registration of Lobbying Bill 2014: Committee Stage (25 Nov 2014)

Brendan Howlin: Yes; what the Deputy fears will certainly not happen in the first year.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Registration of Lobbying Bill 2014: Committee Stage (25 Nov 2014)

Brendan Howlin: Section 5(3)(l) provides an exemption for certain communications between a body and a Minister who holds shares in that body, as I have just debated with Deputy Sean Fleming. This exemption is intended to cover governance matters in the ordinary course of business of a commercial semi-State body. Commercial semi-State bodies are of strategic importance and we have debated them in the...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Registration of Lobbying Bill 2014: Committee Stage (25 Nov 2014)

Brendan Howlin: To be helpful, it is intended that all other relevant communication, outside the narrow scope of governance, on sectoral or regulatory issues covering the environment or a sector in which the particular State body operates, will continue to be subject to a registration requirement, as set out in the Bill.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Registration of Lobbying Bill 2014: Committee Stage (25 Nov 2014)

Brendan Howlin: I move amendment No. 33: In page 7, line 32, after “in” to insert “, or has statutory functions in relation to,”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Registration of Lobbying Bill 2014: Committee Stage (25 Nov 2014)

Brendan Howlin: I have already indicated to Deputies that if the Bill is to be fully effective, it must strike the right balance between imposing new transparency requirements which we are setting out and ensuring ongoing and vital communications with all organs of the State continue. This set of provisions relates to working groups, task forces, cross-sectoral committees, etc. established by a Minister or...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Registration of Lobbying Bill 2014: Committee Stage (25 Nov 2014)

Brendan Howlin: I can think of cases. For example, Ruhama could be lobbying for a legislative change to protect trafficked individuals who might be in an extremely vulnerable position. That is one that springs to mind instantly.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Registration of Lobbying Bill 2014: Committee Stage (25 Nov 2014)

Brendan Howlin: It might need to.

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