The Regulation of Lobbying Act 2015 Welcome and thank you for attending as we launch the first annual report by the Standards in Public Office Commission in regard to the Regulation of Lobbying   Introductions Introduce self Members of Commission (present/absent): Chairman Mr Justice Daniel O’Keeffe Peter Finnegan, Clerk of Daíl Eireann Deirdre Lane, Clerk of Seanad Eireann Seamus McCarthy, Comptroller and Auditor General Jim O’Keeffe, former Minister and Member of Daíl Eireann Peter Tyndall, Ombudsman Members of staff of Standards Commission Secretariat who work in Regulation of Lobbying Unit Aidan Moore Damien Egan Niamh O’Byrne Ray Butler Adam Conway NOTE THAT COMMISSION ISSUES A SEPARATE REPORT on its other supervisory responsibilities (under the ethics and elections legislation). This will be released later in the year. October 2016

Purpose of presentation Overview of Regulation of Lobbying Act 2015 Standards in Public Office Commission’s role Next steps Questions

Regulation of Lobbying: Overview of Act Independent lobbying registrar – Standards Commission Registration of lobbyists (wide ranging scope) Regular submission of returns (3 x/year) Web-based public registry (lobbyist, lobbied, subject, intended result) Post-employment restrictions for some public officials Investigation and enforcement provisions (compliance focus) Legislative review mechanism Independent lobbying registrar – Standards Commission Registration of lobbyists (wide ranging scope) Regular submission of returns (3 x/year) Web-based public registry (lobbyist, lobbied, subject, intended result) Post-employment restrictions for some public officials (one year cooling off period in which they cannot lobby) Only apply to Ministers, Ministers of state, special advisers and civil service INCLUDES local authority management (CE, Director of Service and Head of Finance in all local authorities; also includes Assistant Chief Executive and Head of Human Resources in Dublin City Council). DOES NOT INCLUDE elected officials (local councillors) Investigation and enforcement provisions (compliance focus) Legislative review mechanism

What is lobbying? The Three-Step Test Communication must meet the “three step test” to be considered lobbying - communication by: Persons within the scope of the Act With Designated Public Officials On relevant matters Act makes no distinction regarding method, venue or formality of communication Mail, telephone, in-person, electronic, social media Office, social setting, casual encounter, other

Who is within the scope of the Act? Persons with more than 10 employees Representative bodies and advocacy bodies with at least 1 employee Third party lobbyists paid by a client (who fits one of the above criteria) 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”

Who are the Designated Public Officials? Ministers, Ministers of State Members of Dáil Éireann, Seanad Éireann Members of the European Parliament for Irish constituencies Members of Local Authorities Special Advisors Senior Civil and Public Servants Civil service: Secretaries General, Assistant Secretaries, Director grades and equivalent Local authorities: CEs , Directors of Service, Heads of Finance, Head of HR (Dublin City Council) Minister may expand group in future

What are relevant matters? The initiation, development or modification of any public policy or of any public programme; 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

Exemptions (s.5(5)) Several types of communications are exempt from requirement to register: Private affairs Principal private residence Diplomatic context Between public officials Strictly factual information Trade union negotiations Threat to life or safety Security of the State Shareholder of State body Within proceedings of Oireachtas Committee Information requested and published by public body Groups established by Public Body where Transparency Code applies

Registration requirements Register after first communication with DPO Include in registration: Organisation Name Business address and contact details Main business activities Identify person with primary responsibility for lobbying Company Registration Office Number or Charitable Registration Number

Return requirements 3 Returns periods per year with assigned deadlines 1 September–31 December: returns due 21 January 1 January–30 April: returns due 21 May 1 May–31 August: returns due 21 September Include in return: Who was lobbied Subject matter of lobbying activity and intended results 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)

Standards in Public Office Commission: Role Registrar of Lobbying (s.9) Develop/oversee web-based public register (s.10) Matters for decision (may be appealed): Information on register (ss.10(5)) Delayed publication (s.14) Post-employment (s.22) Code of Conduct (s.16) Provide guidance, promote understanding (s.17) Power to investigate (s.19) Fixed Payment Notices (low level fines) for minor breaches (s.21) Offences provisions for significant breaches (s.20) Annual reports to Oireachtas

Implementation: Key dates 11 March 2015: Act signed into law 30 April 2015: Register and website launched Summer/fall 2015: Outreach campaign, info tools published 1 September 2015: Commencement of Act (except Part 4) 21 January 2016: Deadline for first returns First relevant reporting period: 1 September – 31 December 2015 28 June 2016: First annual report under Act released 1 January 2017: Part 4 (Enforcement) provisions scheduled to commence Key dates 11 March 2015: Act signed into law 30 April 2015: Register and website launched Summer/fall 2015: Outreach campaign, info tools published 1 September 2015: Commencement of Act (except Part 4) Provisions commenced 1 September: Registration and reporting requirements, Post-employment restrictions, Appeals, Other (Code of Conduct) Part 4 (Enforcement) provisions not commenced 21 January 2016: Deadline for first returns First relevant reporting period: 1 September – 31 December 2015 28 June 2016: First annual report under Act released 1 January 2017: Part 4 (Enforcement) provisions scheduled to commence

Highlights of Commission activities to date Pre-commencement activities Website & online registration system successfully launched Extensive communications and outreach campaign (registrants, DPOs) Development of numerous information tools, targeted guidance Act commenced 1 September 2015 Commenced operations (queries, registrations, returns) Three returns periods Continued outreach and education First annual report released 28 June 2016 Statutory reports on operational activities Discussion of pre-commencement activities Operations since commencement and early results Annual report meets statutory obligation to report on Determinations under s. 14 (delayed publication) Investigations concluded & convictions for offences Post-employment requests Fixed payment notices served

Early results Results at first deadline (21 January) Current figures 1,100+ registrants 2,500+returns Current figures 1,480 registrants 7330+ returns Broad sectoral representation among registrants Positive feedback from registrants Lobbying continues Concerns of “chill effect” not generally borne out TODAY’S FIGURES 1,411 registrants 4,920 returns

Lessons learned Knowledge is key to compliance Outreach and education must continue Dynamic website content & information tools Targeted outreach to sectoral groups, DPOs as needed Need to encourage greater understanding of obligations amongst registrants/potential registrants How and when to register Who falls within scope of Act What counts as lobbying (relevant matter) Meaningful returns Ongoing reporting requirements (nil returns) Ceasing lobbying Knowledge and understanding is the key to ensuring compliance Ongoing outreach is therefore critical General outreach through a dynamic and regularly updated website, open house information sessions Targeted outreach if we see particular groups or sectors that are under-represented Must reach out to people lobbying who may not be aware of how Act intersects with their work Must continue to encourage greater understanding of obligations amongst existing, as well as potential, registrants In particular, we must continue to inform people about How and when to register Who falls within scope What counts as lobbying (must meet all parts of the three-step test) The importance of making MEANINGFUL RETURNS ONGOING REPORTING REQUIREMENTS (nil returns issue) What to do if you have ceased lobbying This first year has been about continuing to raise awareness - I view this as an ongoing responsibility

Looking ahead Legislative review Led by Department of Public Expenditure & Reform Launched 31 August 2016, submissions closed 30 September Statutory requirement to consult (Commission, stakeholders, Oireachtas) Commencement of enforcement provisions Scheduled to commence 1 January 2017 Power to investigate, prosecute contraventions Power to levy fixed payment notices for late returns First deadline post-commencement will be 21 January Ongoing operations Education and outreach, administer Act Legislative Review – officially launched on Wednesday 31 August, submissions due by 30 September

Thank you Visit our website: www.LOBBYING.ie QUESTIONS?