Feargal Quinn (Independent)

I second the Bill. I welcome the Minister of State, Deputy Kathleen Lynch. I am convinced the Government will accept the Bill because it is short, simple and easy to understand and it does not go nearly as far in the direction in which it could go.

We have a tradition in Ireland of trying to influence decisions in many ways. When I became chairman of An Post, I could not believe the number of letters I received in the first week or two seeking all sorts of things, such as jobs in the post office or whatever. We said "No" and that we would stop it. The Minister at the time came back to me and asked that I be less blunt about my replies, saying that all he wanted was to send them on the constituents when he got them. I once wrote a letter to a judge in a foreign country - before the decision was made - to seek a non-custodial sentence for a very well-known case here. The person who had been accused publicised the letter and I was quite happy about that because it was likely to do good if it could be heard. Senator John Crown has covered all this. He said it is all right to write letters as long as one makes it public.

In 1997, in a debate on reform of the Seanad, I spoke about lobbyists and asked how we could ensure that this was above board and that everyone knew about it. Senator Crown is not attempting to solve the big question of all lobbying but, as the Bill states, lobbying of members of the Judiciary only. Given that it is a simple and concise Bill, I am convinced the Minister will be able to accept it.

It is a worthwhile initiative and one that is long overdue as politicians have, for too long, interfered and intervened in matters where they should not have done so. There were promises in 2002 and 2008 that something would be done about the situation but a code of conduct has not been established. As Senator Crown proposes, if these representations are made in public there is little wrong as often this means that those involved can take account of relevant information. In 2007, the Irish Council for Civil Liberties reported that politicians should be banned from attempting to influence judges' decisions and from making adverse comments outside the Oireachtas that undermine the independence of the Judiciary. The judicial appointments process was also criticised. It claims that this is tainted by allegations of political bias and intense private lobbying of senior politicians, including Cabinet Ministers, for promotion to the Bench. We must also remember that the Judiciary exists to keep the Government in check and take a firm stand on important matters that affect peoples' human rights. Therefore, the separation of powers is essential.

While I understand we are talking about judges being lobbied by politicians, we must address the issue of lobbying in general at some point as a matter of urgency. We have often heard talk of the establishment of a national lobby register but that has yet to see much movement. In the UK, an initial voluntary register of lobbyists was made available earlier this year. The EU made a register of lobbyists available online to improve transparency. This is interesting. The Comptroller and Auditor General reported that 17% of public bodies ignored a survey on the €15 billion annual procurement bill. This is ridiculous. The lazy attitude must change and issues must come out into the open.

Senator Crown is not attempting to open up of the entire lobbying movement, although that is something we should do. The Bill relates solely to the lobbying of members of the Judiciary. In terms of overall lobbying, we should consider the model of the US register. Under the lobbying disclosure Act of 2005, all companies and individuals engaged in lobbying in the US must register with the clerk of the House of Representatives and the secretary of the Senate. Otherwise, they risk a fine of up to $50,000. All lobbying activity must be logged and the amounts spent must be noted. The American register is also searchable online, which makes it simple. Not only can the results be filtered using all sorts of criteria from the client's name to the affiliate organisation to the branch of government contacted, but each act of advocacy is recorded along with the date on which it happened and the amount spent. The forms used to register this activity are electronically stored and publicly accessible. For instance, one can find out that Exxon Mobil spent over $3.2 million in the fourth quarter of 2010 on direct lobbying activity in Washington. I mention this as a reminder that such logging is possible.

If we are to have a record of lobbying by politicians on judges, let us not stop there. For all the talk of a new republic, let us undertake measures that will make us completely open. I suggest the lobby register that is in place in the US, but we should also build a national public spending website. There is so much we can do and it is possible to achieve a great deal.

I welcome Senator Crown's proposal. An overdue step, his initiative should sit in a wider framework of registering lobbyists and a system of governance that could be made more transparent through straightforwards steps. This proposal is the first step towards ensuring that all lobbying becomes open and transparent. Senator Crown has taken a simple approach. The Bill is short, concise and easily understood. On this basis, I hope the Minister of State will tell us it would be no bother to her to accept it. I get great pleasure from seconding Senator Crown's proposal.