Written answers

Tuesday, 4 April 2017

Department of Public Expenditure and Reform

Regulation of Lobbying

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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424. To ask the Minister for Public Expenditure and Reform if as part of the review of the Regulation of Lobbying Act 2015, his officials have reviewed the volume and level of returns made by organisations based overseas. [16645/17]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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Section 2 of The Regulation of Lobbying Act 2015 provides for a review of the operation of the Act and for a report of the findings resulting from the review and of the conclusions drawn from those findings to be made. The purpose of this review is to evaluate if the legislation has met its objectives of providing appropriate transparency on "who is lobbying whom about what"; drawing on the submissions received in the public consultation process. My Department undertook the first review as required and I expect to bring the report to Government shortly. Subsequent reviews will be required every 3 years.

Responsibility for the implementation of the Regulation of Lobbying Act 2015 rests with the Standards in Public Office Commission (SIPOC). SIPOC is an independent statutory body and as such is not accountable to the Department of Public Expenditure and Reform or to the Government in the performance of its functions. However SIPOC has established a register for recording lobbying activity which may be viewed at www.lobbying.ie.  If the Deputy wishes he may search the register under any names, organisation, or Designated Public Official to see who has registered as lobbying whom about what.

A person or organisation communicating with any Designated Public Official where that interaction meets the definitions contained in the Act (that is, a person within the scope of the Act, communicating with a Designated Public Official about a relevant matter) is required to register as a lobbyist and report the communication in their return for the relevant period. The Act makes no distinctions regarding where the communication takes place. Furthermore advice may be sought from the Standards in Public Office Commission (SIPOC) if any uncertainty exists.

Determining whether a communication falls outside of jurisdiction is not based solely on whether it physically takes place outside of the country. Each case will have to be reviewed by the Regulator (SIPOC) based on its own set of facts to determine in what circumstances a communication would fall within or outside of jurisdiction, and whether and how the Act may apply.

It is recognised that there may be difficulties with extra-territorial enforcement of the Act. All those lobbying Irish Designated Public Officials outside of the State are encouraged to comply with the spirit of the legislation to ensure transparency.

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