by Matthew Austin August-10-2016 in Regulatory & Administrative Law
The Standards in Public Office Commission recently produced its first annual report regarding the Regulation of Lobbying Act, 2015, which commenced on 1 September 2015. The Act was designed to bring transparency to the lobbying of certain public officials by the implementation of requirements to register as a lobbyist and to make returns to the Commission regarding lobbying activities.
In the first year of the Act, over 1,100 persons or organisations registered with the Commission as carrying out lobbying out lobbying activities.
Of significant interest is Chapter 5 of the annual report entitled “Key Issues in 2015”. This chapter deals with a number of issues that were frequently raised with the Commission during the course of the year and provides guidance on how the Commission addressed them.
Lobbying outside Ireland
The Commission reported that there was a significant amount of interest in seeking to determine whether a communication that takes place outside of Ireland had to be registered pursuant to the Act. The Commission points out that the Act makes no distinction regarding where a relevant communication takes place and goes on to say: “Ultimately, regardless of where a communication takes place, if a person within the scope of the legislation communicates with an Irish designated public official about a relevant matter, it is lobbying for the purposes of the Act.”
The registration of charities and the question of charitable status
The Commission pointed out that quite a number of charities had been in touch with the Commission during the course of the year to seek clarification on whether registration as a lobbyist by that charity might in some way impact upon their charitable status including the tax exemptions that follow as a consequence of their charitable status. The Commission states in its report: “While it is of course a matter for Revenue and the Charities Regulator to determine whether an organisation is eligible for charitable status or to avail of tax exemptions, there is no barrier to charities lobbying as long as the lobbying activity adheres to the provisions of the Charities Act, namely, that it fits within the organisation’s primary objectives.”
The method or venue of the communication
The Commission is at pains to point out in the report that the Act makes no distinction as to the method, venue or formality of a relevant communication. It points out that informal encounters that take place socially, in a business premises or on the street may be considered lobbying. It highlights that texts, emails and social media may all count as lobbying depending on the context of their use.
Who initiates contact?
The Commission makes it plain in its report that the Act makes no distinction regarding who initiates a relevant communication, whether that be the lobbyist or the designated public official. If it is a relevant communication then it has to be registered, regardless of who initiated the communication.
Role of representative bodies
The role of representative bodies separate from individual members of those representative bodies is also addressed. The Commission points out that where a representative body makes, manages or directs lobbying activity, then it is the responsibility of that representative body to register and submit returns in relation to the lobbying activity. Where an individual member of a representative body also makes, manages or directs his or her own lobbying activities then he or she will have their own registration and notification obligations separate from those of the representative body.
Professional representatives
The report acknowledges that professionals from a wide range of sectors may communicate on behalf of a client with designated public officials. The Commission points out that in such circumstances the professional must register with the Commission and identify their client in the return of lobbying activities.
Role of public bodies in supporting the Act
The point is also made that public bodies are required by the Act to publish and maintain a list of designated public officials on the relevant public body’s website. The Commission has asked each such public body to identify a compliance officer to ensure that this requirement is carried into effect and that the information is kept up to date.
Conclusion
The Commission points to a high level of compliance as an indicator of success for the Act in its first year. The statistics cited by the Commission are impressive. However, the success of the Commission, and through it the Act, can only be determined over a longer period of time. The full text of the report can be found here.
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About the Author
Matthew Austin
Matthew is a partner in the Commercial & Business team and has considerable expertise in a range of practice areas, having acted for Irish and International clients in domestic and multi-jurisdictional issues. Matthew has advised in civil and administrative law disputes and in regulatory and advisory matters including insolvency/restructuring, IP, defamation and media law, competition and consumer protection and data protection.