Dara Calleary (Mayo, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

400. To ask the Minister for Public Expenditure and Reform if there is an appeal system for voluntary non-profit bodies that owing to circumstances beyond their control did not make a lobbying return before the deadline and are now subject to a €200 fine. [28630/17]

Paschal Donohoe (Dublin Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As the Deputy is aware the Standards in Public Office Commission (the Standards Commission) is as an independent statutory body which is responsible for the Register of Lobbying. As an independent statutory body it is not accountable to the Department of Public Expenditure and Reform or to the Government in the performance of its functions.

I am advised that the Standards Commission does not exercise any discretion in relation to the issuing of Fixed Payment Notices.  The Register (“lobbying.ie”) has been designed to automatically issue a Fixed Payment Notice to any registrant who submits a late return.  A Fixed Payment Notice has, therefore, issued to anyone who has submitted a late return of their lobbying activities for the periods 1 September 2016 – 31 December 2016 and 1 January

2017 – 30 April 2017.  (The respective relevant dates for receipt of these returns was 21 January 2017 and 21 May 2017.)

I am advised that the Standards Commission has issued reminders to all registrants at the end of each return period and again prior to each return deadline to ensure that they are aware of the pending deadline.  These reminders included details of the offences and penalties for failing to submit a return by the statutory deadline.  The Standards Commission has also strongly encouraged registrants to identify back-up administrators in the event that the primary “lobbying.ie” account administrator is unable to file the return by the deadline.

I am also advised that the Standards Commission has, in a small number of cases, exercised some discretion in cancelling a Fixed Payment Penalty.  This has only happened, however, where the Standards Commission has been satisfied that a technical issue with “lobbying.ie” may have contributed to the person submitting a late return or where the registrant had misunderstood the requirements of the Act and was not actually required to register.

I am advised that the Standards Commission has not cancelled any Fixed Payment Penalties where the failure to submit a return on time was due to an administrative failure by an organisation or due to an oversight or human error on the part of the person submitting the return.

The Act does not provide for an appeal process in relation to the issuing of Fixed Payment Notices.  Section 21(5) of the Act provides that the Standards Commission may proceed to prosecute the offence of submitting a late return if the person does not pay the Fixed Payment by the specified date.

Section 20(3) of the Act provides that it shall be a defence in proceedings for an offence for a person to prove that the person took all reasonable steps to avoid the commission of the offence.

In considering whether to proceed with a prosecution under section 21(5) of the Act, the Standards Commission have advised that they will consider any representations or explanations provided in relation to the submission of a late return and the payment of the Fixed Payment.

The Deputy might wish to advise the voluntary body concerned to contact the Standards Commission directly. They can be contacted by:-

Address: 18 Lower Leeson Street,

Dublin 2, D02 HE97

Phone: +353-1-639 5722

Email: info@lobbying.ie.