Seanad debates

Wednesday, 21 September 2011

Reporting of Lobbying in Criminal Legal Cases Bill 2011: Second Stage

 

4:00 pm

Photo of Martin ConwayMartin Conway (Fine Gael)

Like other colleagues, I take my hat off to Senator Crown. This is a very important issue. I must admire the Senator who is only in the Seanad for as long as I have been, but has had the courage of his convictions to introduce such a Private Members' Bill. The motivation behind it is noble. I believe we need regulation on lobbying. In the US, as Senator Keane, such regulation has been in place for 50 years but the country does not have a good reputation in this regard. For example, former Senator, Chris Dodd, is heading up a sophisticated lobbying operation. Unless regulation is implemented correctly, it will not work.

It is not right to make representations to a member of the Judiciary. The separation of powers between the Oireachtas and the Judiciary is important. There have been examples of members of every political party, some of whom fell on their swords, making representations for leniency in regard to prison sentences. Two of my constituency colleagues did so and that was wrong. It was acknowledged by the parties that it was an error of judgment and that it should not have happened. Representations should be as transparent as a pane of glass. Representations regarding any legislation that emanates from the Oireachtas to govern this area must be in the public domain and be open to scrutiny. No Oireachtas Member should make representations unless he or she is prepared to do it in the full glare of the public eye and is prepared to live with the consequences. We do not live in a secret society or, for example, in Russia where things are done that should not be done. Whatever we do, we should do openly in the full glare of the public eye.

The definition of "lobbying" varies and it can interpreted in myriad ways but the bottom line is if one is lobbying, one is looking for something. Most of the time, people are seeking something noble, right and proper such as when they lobby on behalf for the underprivileged or for equality or the rights of the people with disabilities and minority groups. We are lobbied on a daily basis properly and correctly and we, in turn, also lobby on a daily basis properly and correctly but when it comes to the separation of powers, there is a fine line and if the legislation facilities that, it has to be done in the glare of the public eye. People should tread cautiously and carefully.

Regulation of lobbying is needed and legislation is necessary. It is wrong that we do not have it and I hope something emanates in this regard from the Government in due course. Consultation with Senator Crown and other Members would be useful. This House is playing a useful role in highlighting the issue through this debate and the Bill has led to a healthy exercise and discussion. At least we have had it out in the House. There is disagreement on the road we are taking but there is no disagreement about where we are going, as we all want proper, effective regulation in this area. We also want the good and noble name that politics had restored and it is only fitting and proper that we introduce whatever is needed in legislative terms to do that.

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