Brendan Howlin (Wexford, Labour) | Oireachtas source

The imposition of restriction on post-term employment as a lobbyist on relevant designated public officials must be proportionate and practical because people have constitutional rights. One of the most difficult things is to narrow or circumscribe people's right to work, which is what this provision does. I have said we will apply this to the following categories: Ministers of the Government; Ministers of State; and special advisers and public servants of a prescribed description which are Secretaries General, assistant secretaries general, the chief executive officers of local authorities and the director of services of local authorities. These categories will expand over time as I have indicated. I do not think they should apply to every Deputy and Senator. People should not be restricted from the employment they take up after membership of either House because they have been an active Member of the House. Perhaps the Senator feels there is a case for it but it is not one I feel is convincing.

With regard to the other two amendments, that there should be a two-year gap rather than the one-year gap I propose, the one-year gap is proportionate. Bluntly, the advice I have is that if one is to state people cannot work for two years one will have to compensate them for it, and I do not want to get into the business of making extended payments to people who leave the public service in compensation for disallowing them to take up roles in certain categories of work. It is about striking a balance to create sufficient clear water. A year is sufficient clear water after someone leaves public service, because what I want to stop is the notion of people being responsible for one activity in the public service at the end of January and in February walking into the very area which they regulated, which happened in the past. A one-year gap clears the air in an appropriate way and is a very good start if these issues are to be addressed in the future. This is the first time this is being done and it is a robust and sound measure that is proportionate and constitutional, which is an important consideration also.