1. 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

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

3. 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

4. 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

5. 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”

6. 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

7. 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

8. 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

9. 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

10. 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)

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. Thank you
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