Regulation of Lobbying Act 2015 Regulation of Lobbying Act 2015 Standards in Public Office Commission 2015
Purpose of Presentation � Provide overview of Regulation of Lobbying Act 2015 � Provide background on Standards in Public Office Commission � Overview of preparatory work for implementation of Regulation of Lobbying Act 2015 � Overview of Online Registration System 2
What is Lobbying? � Communication by: 1. 1. Persons within the scope of the Act Persons within the scope of the Act 2. On relevant matters 3. With Designated Public Officials
Who is within the scope of the Act? • Persons with more than 10 employees • Representative bodies and advocacy bodies with at least 1 employee • 3 rd party lobbyists (those who are paid by a client to lobby on the client’s behalf) • Anyone lobbying about the development or zoning of land Only if the communications are with Designated Public Officials and relate to “relevant matters”
What are relevant matters? “Relevant matters”: � the initiation, development or modification of any public policy or of any public programme, � the preparation of an enactment, or � the preparation of an enactment, or � the award of any grant, loan or other financial support, contract or other agreement, or of any licence or other authorisation involving public funds, apart from matters relating only to the implementation of any such policy, programme, enactment or award or of a technical nature
Who are the Designated Public Officials? Designated public officials (DPOs): � Ministers, Ministers of State � Members of Dáil Éireann, Seanad Éireann, � Members of the European Parliament for constituencies in � Members of the European Parliament for constituencies in the State � Members of Local Authorities � Special Advisors � Senior Civil and Public Servants (on commencement Sec Gen, Asst Sec. and Director grades and equivalent in the Civil Service and CEOs, Directors of Services in local authorities) � To be extended to PO grade within 12 months
Exemptions (s.5(5)) � Normal citizen access to � Security of the State representatives � Oireachtas Committee � Diplomatic context � Strictly factual Information � Trade Union negotiations � Trade Union negotiations � Groups established by Public Body where transparency applies � Threat to life or safety � Between public officials � Shareholder of a State body on governance issues
What is Registered? � Register after first communication with a designated official • Organisation Name • Business address • Business address • Person with primary responsibility for lobbying • Main business activities • Contact details • Company Registration Office Number and address • Confirmation that details supplied are correct.
What is Returned? � 3 Returns periods per year � Information required • Who was lobbied • Subject matter of lobbying activity and the results intended to secure • Type and extent of activity • Name of any person in your organisation who is or was a designated official and carried out lobbying activity • Client information if relevant • Confirmation that details supplied are correct.
Delayed Publication � Standards Commission can delay publication of information on grounds • commercially sensitive • commercially sensitive • Financial interests of the State • Governments ability to manage the economy having regard to the public interest.
The Commission The Commission � The Standards in Public Office Commission will be the Registrar (s.9) The System The System � Web based register of lobbying activity (s.10)
Powers of the Commission The following powers may not come into force until first review is completed � Power of Investigations (s.19) � Power of Investigations (s.19) � Fixed Payment Notice (low level fines) for minor breaches (s.21) � Offences provisions for significant breaches (s.20)
Reports & Review Annual reports to the Oireachtas Review � One year after commencement � One year after commencement • Subsequent Reviews every 3 years (subject to Dáil approval) • Commission • Oireachtas Reports • Interested Parties
Standards in Public Office Commission Members: � Chairman, Mr Justice Daniel O’Keeffe � Ombudsman � Ombudsman � Clerks of Dáil and Seanad � Comptroller & Auditor General � Former TD, Mr Jim O’Keeffe Supported by a Secretariat: � Head of Lobbying Regulation and dedicated unit 14
Overview of existing supervisory functions � Ethics Acts and Regulations • Dealing with disclosure of interests • Including complaints under Part 15 of Local Government Act 2015 Act 2015 � Electoral Acts • Disclosure of donations and election expenditures • Includes register of corporate donors and register of third parties � Parliamentary Activities Allowance • Disclosure of expenditures 15
Commission’s approach as a regulator � Experienced in supervising transparency regimes � Approach is to assist compliance through: • Information • Guidance • Advice � Enforcement mechanisms exist • Used when necessary to achieve compliance 16
Preparing for Regulation of Lobbying 1. Establishment of Advisory Group 2. Appointment of Head of Lobbying Regulation 3. Communications strategy 3. Communications strategy 4. Guidance and information material 5. Design/development of Online Registration System 17
Advisory Group Advisory Group of potential users (IBEC, IFA, ICTU, PRII, the Wheel etc) 1. User Acceptance Testing of Online Registration System – completed March 2015 System – completed March 2015 2. Ongoing direction and advice on issues emerging 3. Comment and make recommendations on education and guidance material 4. Advise and assist in the implementation of a Communications Strategy 18
Communications Strategy - Objectives � Ensure stakeholder understanding of need for legislation � Ensure awareness of obligation to register � Support stakeholders in meeting obligations � Ensure designated public officials are aware of the requirements of the legislation 19
Guidelines and Information material � Complete: • Quick Guide to Regulation of Lobbying Act 2015 • General guidelines for compliance with Act • Specific guidelines on lobbying with regard to • Specific guidelines on lobbying with regard to development or zoning of land � Forthcoming: • Guidelines for public bodies and their Designated Public Officials • Guidelines for elected representatives 20
Key points to remember � Lobbying is a legitimate and essential part of the democratic process � Regulation of lobbying does not affect individual day to day interaction with public representatives to day interaction with public representatives � Register will enhance public confidence by providing easy access to information on lobbying activities � We are here to help 21
Online Registration System Website: www.LOBBYING.ie
Online Registration System � A simple system to facilitate online completion of returns. � Simple and multi-faceted search facility � Online help tutorials to assist in making returns � Launched 30 April 2015 to allow for training and pre- registering � Commencement of Act 1 September 2015 � First Registerable Period – 1 Sept to 31 December 2015
Create an Account Two Step Encryption � Email Address � Password � Password � Mobile phone - Code sent to phone - Opt-in to use code
Register Lobbyist Details (S11) � Business details � Use CRN � Use Charity No. � Use Charity No. � Cease Lobbying
Dashboard � Manage profile � Add users � Manage returns
Make a Return of Lobbying Activity (S12) 1. Return period 2. Matter lobbied 3. Who lobbied 3. Who lobbied 4. Lobbying activities 5. DPOs lobbied � Save for editing � Preview � Submit
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Search � Comprehensive search facility � Open text � Key fields � Rss feed
Search Results � Details of returns � Explanatory text � Report inaccurate � Report inaccurate information
What you now need to do � Steps to prepare for complying with the Regulation of Lobbying Act 2015 Review your organisation’s arrangements for recording relevant • communications which might fall within the scope of the Act and identify the key personnel involved. Where necessary, put in place arrangements to record such information from 1 • September next. Identify individual(s) responsible for registration and compilation of returns. It Identify individual(s) responsible for registration and compilation of returns. It • • will be possible to have data entered on the register on an ongoing basis by more than one employee and saved in draft form (on a private area of the register) prior to its formal submission. Nominate a single responsible person within your organisation who will submit • the final return at the end of each reporting period and will confirm that the information is correct. Use the period from 1 May - 31 August 2015 as a trial period and record any • lobbying activity which takes place during this period. Create an account on www.lobbying.ie and submit a trial registration and • return of any lobbying activity which takes place during the period 1 May – 31 August 2015. None of the information submitted during this period will be available for public scrutiny.
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