The Act was signed into law in March 2015, and came into effect on 1 September.
The preparatory work undertaken in the lead-up to the commencement of the Act on 1 September 2015 ensured that the necessary systems, resources and supports were in place and functioning prior to commencement. It also helped build greater awareness of the legislation among potential registrants and designated public officials.
A regulatory unit was established within the Commission Secretariat, with support functions provided by the Office of the Ombudsman, including Communications, Finance, Human Resources and Information Technology. The unit was tasked with overseeing the day-to-day development and administration of the register and website.
The new position of Head of Lobbying Regulation was filled through an open recruitment process managed by the Public Appointments Service. Sherry Perreault took up this post in May 2015. The team now comprises six full-time staff.
A contract was awarded late in 2014 on foot of a competitive tender process to an external fi rm to develop the website and online lobbying register. Both the website and the register were subject to extensive user acceptance testing by Commission staff and by external stakeholders throughout the winter and spring to ensure that the system was user-friendly and easy to navigate. The register and website were completed and publicly launched at an event on 30 April 2015.
The website, www.lobbying.ie, serves as the first stop for anyone seeking to register, to submit returns or simply to search for information about lobbying regulation. In addition to housing the register, the website includes information and guidance tools, such as guidelines for persons carrying on lobbying activities, guidelines on zoning and development and guidelines tailored to groups of designated public officials. The site also includes a series of how-to videos, explaining the registration and return processes, sample returns of lobbying activity, regularly updated “frequently asked questions” and other documents to illustrate various elements of the Act. A list of publications is included in Appendix 1
The launch of the register four months prior to the commencement of the Act allowed those who were likely to have obligations under the Act to register, create practice returns and familiarise themselves with the system in a risk-free environment. At the end of August, registrants were given the option to carry forward their registration information to the live system. All practice returns were erased from the register, and on 1 September the live system was launched, in both Irish and English.
An Advisory Group on the regulation of lobbying was established, composed of relevant experts and stakeholders (see Appendix 2). The Group’s role is to provide information and input on implementation matters, including conducting user acceptance testing of the register; to serve as a problem-solving forum, identifying issues, risks and gaps likely to impact on the system’s operation; and to inform the development of communications strategies and materials, including legislative guidelines, to ensure that those subject to the Act are aware of their obligations. Input from members of the Group has been invaluable in assisting the Commission in addressing key implementation issues arising from the establishment of the register.
In accordance with Section 5(7) of the Act, the Minister for Public Expenditure and Reform published a Transparency Code which sets out how certain relevant public bodies, such as ministerial advisory groups, may conduct their activities in a transparent way. By adhering to the Transparency Code, communications within these bodies meet the exemption, contained in section 5(5)(n) of the Act, from the requirement to register and report on lobbying activities.
Accordingly, the Commission has complied with the requirements of the Transparency Code, and the necessary information about the Advisory Group has been published on the website www.lobbying.ie.
An extensive communications and outreach strategy was developed and implemented to ensure that all those who might have obligations under or an interest in the new Act were aware of its provisions. Outreach activities included numerous presentations to stakeholder groups throughout Ireland, including businesses and business associations, charities, representative and advocacy bodies.
In addition, presentations were given to groups of designated public officials, including: Members of the Dáil and the Seanad, local authority members, management and staff, and a number of management teams for various departments and agencies. While designated public officials do not have obligations under the legislation, they have an interest in the register as they will be named in lobbying returns as having been lobbied. We have asked that designated public officials self-identify as such in their communications with those lobbying them. This will enhance awareness of the Act and will assist persons lobbying to submit accurate returns.
Other outreach activities included establishing a Twitter presence to highlight significant events, dates and milestones. Several articles regarding the regulation of lobbying were submitted for publication in a number of newspapers and journals. Correspondence was sent to over 2,000 public and private sector bodies, and to the top 1,000 companies in Ireland to inform them of the Act and its obligations. Finally, a national advertising campaign designed to raise general awareness of the Act was launched in September.
Section 17 of the Act provides the Commission with the authority to issue guidance about the Act. The Commission may also make information available for the purpose of promoting awareness and understanding of the Act.
The Commission has published a suite of guidelines tailored to various parties with an interest in the Act. Guidelines published on the website in August 2015 included:
A range of other helpful information has been published on the website, including frequently asked questions, sample returns, instructional videos and a Three Step Test to help people determine whether their activity is lobbying.
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