The Regulation of Lobbying Act 2015 provides that if a person who falls within the scope of the Act communicates with a designated public official about a relevant matter, it is lobbying. Anyone lobbying must register and submit regular online returns of lobbying activity.
The register itself is a web-based system. There is no cost to register, to submit returns or to access the information contained therein. While the Commission has oversight responsibility for the establishment and maintenance of the register, the content is driven by the information contained in the registrations and returns submitted by registrants.
Persons within the scope of the Act include:
Designated public officials include Ministers and Ministers of State, Members of Dáil Éireann and Seanad Éireann, Members of the European Parliament for Irish constituencies, and Members of Local Authorities. The category also includes Special Advisors and the senior-most civil and public servants which have been designated by Ministerial order.
A relevant matter is one to do with 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. Matters dealing with the zoning and development of land are relevant communications. The Act provides for a number of exemptions to what is considered a relevant matter, which are set out in section 5(5) of the Act.
Anyone who is lobbying must register and submit returns three times per annum, covering prescribed periods (1 January – 30 April, 1 May – 31 August, and 1 September – 31 December). The return must indicate who was lobbied, the subject matter of the lobbying activity and the results the person was seeking to secure, the type and extent of activity, the name of any person in the lobbying organisation who is or was a designated public official and carried out lobbying activity, and, if relevant, information about any client on whose behalf they are lobbying.
The Act also provides that specific classes of designated public officials (namely Ministers and Ministers of State, special advisors and public and civil servants) are subject to a one-year post-employment cooling-off period, during which they must not engage in specific lobbying activities.
While the Act does contain a number of investigative and enforcement provisions, those will not come into effect until the one-year anniversary of the Act’s commencement. The focus in the first year is on education, outreach and encouraging compliance.
Finally, the Act provides for a legislative review, scheduled to take place one year after commencement. The review will be led by the Minister for Public Expenditure and Reform, who may then consider possible amendments to the Act.
Three statutory instruments have been introduced under the Act, namely:
The Designated Public Officials Regulations specify the positions in named public bodies that will be considered to be designated public officials for the purposes of the Act.
Finally, the Appeals Regulations prescribe the process by which appeals of the Commission’s determinations under specific provisions of the Act may be made.
The Act sets out the role of the Commission in administering the Register of Lobbying. The legislation provides that the Commission will establish and oversee a web-based public Register of Lobbying. The Commission will also monitor compliance with the legislation, provide guidance and assistance and where necessary investigate and pursue breaches of legal requirements in due course. The Act also provides that the Commission will:
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