Tom Shehan (Fine Gael) | Oireachtas source

I move amendment No. 1:

To delete all words after "Seanad Éireann" and substitute the following:"recalls the 10 Principles for Transparency and Integrity in Lobbying adopted as a recommendation by Ireland as part of the OECD Council in 2010 in response to concerns over lobbying practices and demands for transparency in public decisions making;
recognises that in all areas of policy, legislation and administration unregulated lobbying can create significant public concern:

- regarding the potential scope for vested interests to secure privileged or excessive access; and
- creating a risk that government decision-making will not promote the balance of the public interest to the detriment of society at large;

recalls in that context that specific OECD principles that countries should:

- provide a level playing field by granting all stakeholders fair and equitable access to the development and implementation of public policies (Principle 1);
- provide an adequate degree of transparency to ensure that public officials, citizens and businesses can obtain sufficient information on lobbying activities (Principle 5);
- foster a culture of integrity in public organisations and decision making by providing clear rules and guidelines of conduct for public officials (Principle 7);

and
commends the Government for approving the drafting of the Regulation of Lobbying Bill which will deliver on the commitment contained in the programme for Government;
endorses the policy approach approved by Government which will assist in assuaging public concerns that lobbying carried out 'behind closed doors' could override the interests of the community as a whole;
strongly supports the fundamental objective of the lobbying legislation to provide appropriate transparency on 'who is lobbying whom about what' which will facilitate the wider community to reach informed evidence-based judgments regarding the extent to which different interest groups are able to access and influence decision-makers; and
looks forward to the pre-legislative scrutiny process on the General Scheme of the Bill to be carried out by the Joint Oireachtas Finance, Public Expenditure and Reform Committee which will provide the opportunity to examine and make recommendations on all aspects of the legislative proposals.".

Dialogue and engagement between Government and citizens are central to a well-functioning democracy and are vital to support informed and evidence-based decision making. We must at all times ensure policy formulation benefits from full information and that all individuals, groups and interests in society have an opportunity to contribute to it. Such interaction supports the political process in finding a balance between competing interests, in fostering consensus and in helping to guide and educate public and political debate. Therefore, interest groups, representative bodies, industry, civil society organisations, NGOs, charities and third party professional lobbyists all provide crucial input and feedback to the political and public administration systems through communication of the views and concerns of the public to Government.

However, such people and organisations also clearly seek to influence the policy and decision-making process in order to align it to their goals and objectives. These goals and objectives may reflect a private, commercial or sectional interest or what may be represented as a wider public interest or benefit. By seeking to regulate those involved in this process, the aim is to bring about significantly greater transparency in order that the public at large will know who is seeking to influence whom in respect of what in relation to public policy. It is appropriate that this activity would be open to public scrutiny as part of the desirable checks and balances which help ensure any attempt to seek to exert undue or improper influence on the conduct of policy formulation and development, political decision making and preparation and implementation of legislation is discouraged.

The reports of the Mahon and Moriarty tribunals have highlighted the risk that the legitimacy of the political system could be eroded by the corrosive impact of secrecy and undue influence. The regulation of lobbying is one of a suite of measures which the Government is taking to address the serious concerns which have emerged in this area. This collection of measures will involve an extensive programme of political and government reform. By regulating lobbying activity through registration and reporting requirements, we can strengthen public confidence in politics and in the business of government and subject public policy making, and those who seek to influence it, to greater scrutiny.

The Government’s decision to commence drafting of the regulation of lobbying Bill marks a significant step in bringing greater openness to the important process of interaction between the political and administrative systems and all sectors of society which seek to influence specific policy, legislative matters or prospective decisions. I understand the legislative proposals include a requirement to register all lobbying activity, the appointment of an independent regulator to oversee the process and ensure compliance and effective penalties for non-compliance. While the proposed legislation is broader in its scope, this suite of measures should address many of the legitimate concerns raised by the Independent Members in their motion which is particularly focused on the tobacco, alcohol, gaming and other commercial and vested interests.

I understand that to ensure the regulatory system is balanced and proportionate and does not give rise to unintended adverse effects, it is proposed that it will be introduced on a phased and incremental basis. The commencement of the enforcement powers of the registrar will follow a review of the legislation and its operation carried out by the Minister for Public Expenditure and Reform one year after commencement of the legislation. I recognise that the proposals complement significantly the proposals for the reform and restoration of freedom of information already agreed by the Government. I understand that the general scheme of the regulation of lobbying Bill has been submitted by the Minister to the Oireachtas Committee for Finance, Public Expenditure and Reform for pre-legislative scrutiny. That will provide a further opportunity for input and discussion.