Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

Before I start, I wish to answer a question that Senator Boylan asked earlier about section (4)(b), which amends section 5 of the principal Act. This provision makes two technical amendments. They are needed by the insertion of new paragraphs (d) and (e) into section 5(2) of the principal Act. The final amendment brings certain informal business groups, which themselves have no full-time employees, within the scope of the Act, and in particular bodies formed to represent the interests of their members and bodies that are established mainly to take up specific issues. Such bodies will only be brought within the scope of the Act where at least one of the members of the body would be classified by the Act as carrying on lobbying activities if they were acting solely on their own behalf. I hope this answers that question.

I will now turn to the amendment. Amendment No. 4 proposes to introduce a new code of conduct to protect the public interest from fossil fuel lobbying. Under section 16 of the Regulation of Lobbying Act 2015, the Standards in Public Office Commission may produce a code of conduct for persons carrying on lobbying activities "with a view to promoting high professional standards and good practice". This code of conduct, which came into effect on 1 January 2019, was developed by the commission following a public consultation process and it had regard to other models and international best practice. The consultation process to draw up this code of conduct was launched in June 2018. It was completed over that summer and yielded a total of 40 responses. Submissions were received from Departments, public bodies, other regulatory bodies and representative bodies, advocacy bodies and from other organisations and individuals, including from registrants. The code of conduct sets standards of conduct for persons carrying on lobbying activities. The purpose of this code is to govern the behaviour of persons carrying on lobbying activities. The Standards in Public Office Commission is of the view that this code sets out principles that can be applied equally to professional lobbyists, employers, representative advocacy bodies and individuals, and by which persons carrying on lobbying activities may conduct the lobbying activities transparently and ethically. The code is not intended to supersede or replace any requirement that a person carrying on lobbying activities may have to comply with the 2015 Act, or to comply with any other legislation, professional code of conduct or industry rules and regulations that might apply to them.

Given the existence this code, I do not believe that a further separate code for a specific cohort is necessary or would be beneficial. The preamble to the existing code sets out that:

Lobbying activities are undertaken by many people and organisations in relation to a broad range of matters. Lobbying activities are a legitimate means of accessing access to parliamentary government and municipal institutions. Lobbying activities contribute to informing informed decision-making by elected and appointed public officials. The legitimacy of lobbying is reinforced when lobbying activity activities are kept carried out transparently and in an ethical manner. In support of the Act's objectives to foster transparency and the proper conduct of lobbying activities, this Code of Conduct sets out several principles by which persons carrying on lobbying activities should govern themselves in the course of carrying out lobbying activities, namely: ... Demonstrating respect for public bodies; ... Acting with honesty and integrity; ... Ensuring accuracy of information; ... Disclosure of identity and purposes of lobbying activities; ... Preserving confidentiality; ... Avoiding improper influence; ... Observing the provisions of the Regulation of Lobbying Act; and ... Having regard to the code of conduct.

While the Act governs communications of designated public officials, and of course this includes Ministers, Ministers of State, and advisers, elected representatives and certain senior public servants, the principles of the code should apply to all communications with persons in public office, whether prescribed for the purposes of the Act or not.

The Act, together with the code of conduct and associated regulations, guidelines, and standards of conduct applicable to officeholders, elected representatives, and public servants, aims to ensure that lobbying activities are conducted in accordance with public expectations of transparency and integrity, and that decisions are made in the public interest. Persons carrying on lobbying activities may also wish to have regard to other guidance material published by the Standards in Public Office Commission in relation to the Act; the transparency code, which was published by the Ministers for Finance and Public Expenditure, National Development Plan Delivery and Reform; and the Standards in Public Office Commission's data protection policy; as well as to the Ethics in Public Office Acts 1995 and 2001.

Senator Boylan has stated that the issue is the same as with the tobacco industry and draws a parallel between them. Of course, there are tobacco lobbyists as well and there is not a specific code of conduct for tobacco lobbyists, for people selling cars, for people selling food that is carcinogenic, for people selling alcohol or for people promoting the legalisation of currently illicit drugs. I am not sure how the parallel is exactly the same; we have managed, greatly through regulation, to reduce tobacco consumption. It is a policy success and I would like to see that reflected in our attempts to reduce fossil fuel consumption as well.