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Regulation of Lobbying

Dáil Éireann Debate, Tuesday - 24 April 2018

Tuesday, 24 April 2018

Questions (473)

Niall Collins

Question:

473. Deputy Niall Collins asked the Minister for Communications, Climate Action and Environment if under the lobbyist register it is expected that calls from lobbyists are recorded; if this is now the practice in his Department; and if he will make a statement on the matter. [17992/18]

View answer

Written answers

In accordance with the Lobbying Act, it is the responsibility of registered lobbyists to make returns to the Standards Commission in relation to lobbying activity. Lobbying returns must state:

- The Designated Public Officials who were lobbied and the relevant public service body

- The subject matter of the lobbying and the results it was intended to secure.

- The type and extent of the lobbying activities carried on

- The name of the individual who had primary responsibility for carrying on the lobbying activities.

- The relevant information about their client (s) where they were lobbying on behalf of another person or other people

- The name of each person who is or ever has been a Designated Public Official and who is employed by, or providing services to the lobbyist and who was engaged in carrying on the lobbying activities for which the return is being made.

- Any change which occurred in the relevant period in respect of the information supplied for the purposes of registration.

- That the information contained in the return is correct.

In addition, the Standards in Public Office Commission (SIPO) has published best practices for persons undertaking lobbying activity, which includes reviewing arrangements for recording of relevant communication and putting in place processes to record information for the relevant lobbying period.

Not all civil servants are Designated Public Officials (DPOs) under the Act.  DPO’s include Ministers and Ministers of State, TDs and Senators, Special Advisors and certain senior Public Servants as prescribed.

In relation to the Civil Service the Minister for Public Expenditure and Reform has made regulations which provide details of the positions which are prescribed as DPOs for the purposes of the Act.  A public servant in a position of Secretary General, Second Secretary, Deputy Secretary, Assistant Secretary or Director in a public service body specified in Schedule I of the Regulations is prescribed as a Designated Public Official. A public servant in a position specified in Schedule 2 of the Regulations is also prescribed as a Designated Public Official.

Public bodies are obliged to publish the names of their employees who are Designated Public Officials and a brief description of their roles and responsibilities for the purposes of the Regulation of Lobbying Act 2015. This information is available on the websites of the relevant public bodies. It is important to note that not all public bodies have Designated Public Officials.

In accordance with the Act, my department publishes a list of Designated Public Officials.  In addition, the Department makes available the Act itself by linking to the Standards in Public Office Commission lobbying.ie website, containing all relevant information regarding the Act, requirements for public bodies, list of public bodies and Designated Public Officials, and the Transparency Code.  DCCAE’s information on Lobbying and list of Designated Public Officials is accessible on the Department website at:

www.dccae.gov.ie/en-ie/about-us/compliance/regulation-of-lobbying-act-2015/Pages/Regulation-of-Lobbying-Act-2015.aspx.

My Department's protocol and procedures are fully in accordance with the relevant legislation.

It is not the practice of the Department to record phone calls.

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