The Regulation of Lobbying Act 2015 provides that the Standards in Public Office Commission, an independent body, is the Registrar of Lobbying. The Standards Commission has a specific role under section 17 of the Act to issue guidance and information to promote an understanding of the legislation. The Standards Commission has prepared an information guide on the Regulation of Lobbying. It has also prepared guidelines for people carrying on lobbying activities and for Designated Public Officials. All of these guidelines are available on www.lobbying.ie . The Standards Commission can be contacted at info@lobbying.ie for specific queries regarding the operation/interpretation of the Act.
Section 5 (1), (2) and (3) of the Act sets out the scope of the legislation as regards representative bodies. The position in relation to representative bodies is that under section 5 (1) and 5 (2) (b) of the Act, a representative body is required to register lobbying activities where it has one or more full-time employees, it "makes, manages or directs the making of any relevant communication" and the relevant communications are made on behalf of any of the members of the body.
Additionally, under section 5 (3) a representative body "makes" the relevant communication only where it is made by an employee of the body or by a person who holds a paid office (for example, the chairman) in the body whose functions relate to the affairs of the body as a whole and where the communication is made in his/her capacity as such.
Where these circumstances are met the representative body must register under section 11 of the Act and make a return under section 12 of the Act. Section 12 (4) (f) requires that the return made must include the name of each person who is or ever has been (at any time either before or after the passing of the Act) a designated public official and who is employed by, or providing services to the body and who was engaged in carrying on the lobbying activities for which the return is being made. This would include for example a former Member of either House, a former Special Adviser or a former senior public servant.
The guidance note from the Standards Commission states that lobbyists' returns must state: The name of each person who is or ever has been (whether before or after the passing of the Act) a designated public official and who is employed by, or providing services to you and who was engaged in carrying on the lobbying activities for which the return is being made (for example, if you are employing a former TD, special advisor or senior public servant or you have a contract for services with such a person).
My assessment is, therefore, that the legislative provision and the guidance from the Standards Commission are consistent. However, given the independent statutory role of the Commission as the Registrar of Lobbying in applying the legislation, the Deputy may wish to confirm the position directly with the Commission.
