Are you an accidental lobbyist?
You may be surprised to discover that some of your activities and/or some the activities of your organisation or business are now considered lobbying and must be reported under the the new Regulation of Lobbying Act (“the Act”) which came into force on 1st September, 2015.
The Act aims to make lobbying a transparent activity by establishing a register of lobbyists and all lobbying activities, a code of conduct relating to lobbying and by imposing restrictions on former public officials from lobbying for a period of twelve months.
The Act does not seek to restrict or prevent lobbying but rather to make it more transparent. Since 1st September 2015 anyone carrying on lobbying must keep a record of all such activities. All lobbying activities must be reported to the Standards in Public Office Commission three times per year in relation to the “relevant periods”. It is possible to comply with these reporting requirements by registering and then filing your return online at www.lobbying.ie
Who is a lobbyist?
Under the terms of the Act, the following persons fall within the remit of what is deemed a lobbyist:-
- An employer with more than ten full-time employees making relevant communications on a person’s behalf;
- A body which exists primarily to represent the interests of its members and relevant communications are made on behalf of any of the members of the body e.g. a trade union. Wholly voluntary bodies are excluded;
- A body which exists to advocate on particular issues and relevant communications are made in relation to those issues e.g. a charity. The body must have at least one full time employee as wholly voluntary bodies are excluded.
- A person employed in a professional capacity to make relevant communications on behalf of a client where that client falls within the categories set out at a), b) or c) above.
- Any person communicating about the development or zoning of land.
What is lobbying?
You are deemed to be lobbying if you fall within the definition of a lobbyist and you are making (to include managing or directing the making) a “relevant communication” in relation to a “relevant matter”. A “relevant communication” is one made orally or in writing which is made personally (either directly or indirectly) to a designated public official in relation to a “relevant matter”.
A relevant matter includes seeking changes to proposed or existing law, seeking public funds for your organisation or charity, seeking to develop or modify public policy.
Applying for a grant under a pre-existing specific scheme is not considered lobbying.
Not every communication to a public official is considered lobbying for the purposes of the Act. There are certain exceptions provided in the legislation.
Making a “relevant communication” to a Designated Public Official in relation to development or zoning of land under the Planning and Development Acts 2000 to 2014 is a lobbying activity. The exception to this is where a person communicates in relation to their own residential property.
It is important to bear in mind that lobbying against a change is the same as lobbying for change and, in the context of the Act is considered lobbying.
At Douglas Law Solicitors we are recommending to our clients that they, first of all, establish if the Act applies to them and/or their business activities and if so, that they register and file all necessary returns on www.lobbying.ie Once you have registered we advise that you consider introducing a policy on lobbying for implementation in your business for ease of compliance with your reporting obligations.
For advice in relation to this issue, please contact us at info@douglaslawsolicitors.ie or 021 4897256.
