Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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255. To ask the Minister for Public Expenditure and Reform the way in which persons (details supplied) were exempted from the stipulations in section 22 of the Regulation of Lobbying Act 2015 for senior public officials when they left office to join private public relations firms; and if he will make a statement on the matter. [54650/17]

Paschal Donohoe (Dublin Central, Fine Gael)
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The Regulation of Lobbying Act 2015 provides that the Standards in Public Office Commission (Standards Commission) will be the Registrar of Lobbying and is responsible for establishing an online Register of Lobbying. The Standards Commission oversees the implementation of the register, monitors compliance with the Act, provides guidance and assistance and where necessary investigates and pursues breaches of legal requirements.

My Department would not have any knowledge of or details relating to cases involving applications made by individuals to the Standards Commission under section 22 of the Act as this would be an operational matter for the Standards Commission.

Section 22 of the Act provides that certain Designated Public Officials are restricted from being engaged in lobbying in certain circumstances for a year after they leave their employment or office. In effect, they are subject to a “cooling-off” period in respect of involvement in particular lobbying activities.

The Designated Public Officials concerned are Ministers and Ministers of State, special advisers to Ministers and Ministers of State and prescribed public servants (Section 22(2)). Others who are Designated Public Officials for the purposes of the lobbying registration requirements are not covered by this provision, that is, TDs, Senators, MEPs and local authority members.

The public officials who are covered by this provision may not

- carry on lobbying activities or

- be employed by, or provide services to, a person carrying on lobbying activities in certain circumstances.

These circumstances are where the lobbying activity

- Involves any public service body with which the public official was connected, that is, employed or held an office or other position in the year prior to his/her leaving, or

- Is to a person who was also a Designated Public Official connected with that public service body in the year prior to the first public official’s leaving.

Designated public officials subject to this provision may apply to the Standards Commission for consent to engage in such lobbying. The Standards Commission may decide to give consent unconditionally or give consent with conditions attached or refuse the application for all or part of the period (Section 22(5)).  A public official who is unhappy with the decision may appeal the decision of the Standards Commission to an independent Appeal Officer.

Section 25 of the Act provides that the Standards Commission shall prepare an annual report relating to the operation of the Act which shall be laid before the Houses of the Oireachtas.  Section 25(2)(c) of the Act provides that the annual report shall include, in a form which does not enable identification of the persons involved, information relating to any applications for consent under section 22 of the Act, and all decisions on such applications, made in the year to which the report refers.

The Standards Commission's annual report for 2016 is available on www.lobbying.ie and contains general details of applications for consent made under section 22 of the Act during 2016.