The response to the Act and its obligations has been largely positive among those who have the obligation to register. The register is seen as user-friendly and easy to navigate, and most have had little difficulty in registering and submitting returns. Many have noted their support for increased transparency in lobbying, and a desire to see widespread compliance. Likewise, there has been a high level of engagement by designated public officials at all levels of government.
While the Commission will report next year on activities undertaken in 2016 in support of the Regulation of Lobbying Act (the Act), we would like to briefly comment on the early results in the first return period.
The Act sets out three prescribed reporting periods per year. The first reporting period extended from 1 September – 31 December 2015. Anyone lobbying within that four-month period had to register and submit their first returns within 21 days after the end of that reporting period (that is, by 21 January 2016).
More than 1,100 persons and organisations registered and over 2,500 returns were posted in the online Register of Lobbying by the end of the deadline date (see Appendix 3). As noted by the Chairman of the Commission in a press release marking the milestone, “the overall level of compliance is a very positive indicator that there is an acceptance of the need for openness and transparency in lobbying”.
Analysis of the first returns will allow the Commission to identify any areas or sectors where further outreach is required to build awareness of the Act, and to revise or enhance information tools to ensure clearer understanding of registration and return requirements. Already the Commission has enhanced the Frequently Asked Questions section of the website, has revised the sample return form, and produced a document identifying common mistakes made in the first returns.
While the Commission does not have a statutory advisory role for registrants, in this first returns period it is seeking to assist registrants who may have incorrectly registered or submitted inaccurate returns. It is, however, the responsibility of the person submitting the return to ensure that the information contained therein is accurate.
A high level of activity is expected in the current year, with three distinct returns periods scheduled, the anticipated commencement of the investigation and enforcement provisions contained in Part IV of the Act, and a planned legislative review of the Act.
The Commission is undertaking further systems development to the register to assist with the introduction of fixed payment notices for certain contraventions of the Act.
In addition, the Commission will put in place the necessary resources and processes to appropriately administer the Act’s investigations provisions.
Section 16 of the Act provides that the Commission may “produce, and from time to time revise, a code of conduct for persons carrying on lobbying activities with a view to promoting high professional standards and good practice”. The Commission does not intend to undertake the development of such a code in the first year of the Act’s commencement, to allow the legislation time to become established. The Commission will, in due course, undertake all appropriate consultations and research in order to develop a code.
Section 2 of the Act requires that the Minister for Public Expenditure and Reform commence a review of the Act’s operation before the end of the first year. In addition to broader consultation with persons lobbying and other interested parties, the Minister is required to consult the Commission. The Commission will of course be pleased to provide any input required to the review and will publish its input in due course.
Finally, the Commission will continue to identify opportunities to raise awareness and understanding of the Act in order to promote compliance. In ensuring the effective administration of the Regulation of Lobbying Act, the Standards in Public Office Commission will strive to support transparency and good governance in Irish public life.
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