Written answers

Wednesday, 3 June 2020

Department of Housing, Planning, and Local Government

Land Development Agency

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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1182. To ask the Minister for Housing, Planning, and Local Government if Land Development Agency staff are designated as public officials under the Regulation of Lobbying Act 2015; if not, the reason; and if he will examine ways in which to ensure they are required to register as designated public officials. [8676/20]

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael)
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The Land Development Agency (LDA) was established on an interim basis in September 2018, by way of an Establishment Order (S.I. 352 of 2018, as amended by S.I. 603 of 2018) made under the Local Government Services (Corporate Bodies) Act 1971, pending the enactment of primary legislation when it will be established as a commercial State agency.

The designation of categories of officials under the Regulation of Lobbying Act 2015 is generally a matter for the Minister of Public Expenditure and Reform. Currently, commercial State bodies are exempt from the Act as their dealings are generally commercially sensitive. As the LDA is to be established under primary legislation as a commercial State body, the directors in the LDA have not thus far been designated as Designated Public Officials (DPOs) as they are not civil servants.

A General Scheme of the Land Development Agency Bill to establish the LDA as a commercial state body on a primary legislative basis was approved by Government for publication, consideration for pre-legislative scrutiny and priority drafting in July 2019. The pre-legislation scrutiny process is now complete and the Committee’s report has been received by my Department. My Department is currently considering this Report, including recommendations in relation to the application of the Lobbying Act to the LDA, in the context of the further development of the proposed legislation.

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