Regulation of Lobbying Act 2015

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Regulation of Lobbying Act 2015.

(2) This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Review of Act

2. (1) The Minister shall—

(a) before the end of each relevant period, commence a review of the operation of this Act, and

(b) not more than 6 months after the end of each relevant period, make a report to each House of the Oireachtas of the findings resulting from the review and of the conclusions drawn from the findings.

(2) The following are relevant periods—

(a) the period of 12 months beginning with the day on which this section comes into operation,

(b) the period of 3 years beginning immediately after the end of the period specified in paragraph (a), and

F1[(c) each subsequent successive period of 5 years beginning on the commencement ofsection 2of theRegulation of Lobbying and Oireachtas (Allowances to Members) (Amendment) Act 2023.]

(3) A report made under subsection (1) shall include any such recommendations for amendments of this Act, or any instrument made under it, as appear to the Minister to be appropriate in consequence of the findings resulting from the review.

(4) In conducting a review the Minister shall—

(a) consult the Commission,

(b) take into account any relevant report of a committee appointed by either House of the Oireachtas or jointly by both Houses, and

(c) consult such persons carrying on lobbying activities and such bodies representing them, and such other persons, as the Minister considers appropriate.

3. Expenses

3. Any expenses incurred by the Minister in the administration of this Act and, to such extent as may be sanctioned by the Minister, any other expenses incurred in the administration of this Act shall be paid out of moneys provided by the Oireachtas.

4. Regulations

4. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Regulations made under this Act shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either such House within the next 21 days on which that House has sat after the regulations are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done under the regulations.

(3) Regulations made under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister F2[or the Commission, as the case may be,] to be necessary or expedient for the purposes of the regulations.

5. Meaning of carrying on lobbying activities

5. (1) For the purposes of this Act a person carries on lobbying activities if the person—

(a) makes, or manages or directs the making of, any relevant communications on behalf of another person in return for payment (in money or money’s worth) in any of the circumstances in which subsection (2) applies to that other person,

(b) makes, or manages or directs the making of, any relevant communications in any of the circumstances in which subsection (2) applies to the person, or

F3[(c) makes, or manages or directs the making of, any relevant communications about the development or zoning of land under theF5[Planning and Development Acts 2000 to 2023or the Planning and Development Act 2024].]

(2) The circumstances in which this subsection applies to a person are that—

(a) the person has more than 10 full-time employees and the relevant communications are made on the person’s behalf,

(b) the person has one or more full-time employees and is a body which exists primarily to represent the interests of its members and the relevant communications are made on behalf of any of F3[the members,]

(c) the person has one or more full-time employees and is a body which exists primarily to take up particular issues and the relevant communications are made in the furtherance of any of F3[those issues,]

F4[(d) the person has no full-time employees and is a body which exists primarily to represent the interests of its members where one or more of the members of the body would fall within the scope of one ofparagraphs (a)to(c)if such member or members were to carry on lobbying activities outside of the body and the relevant communications are made on behalf of any of the members, or

(e) the person has no full-time employees and is a body which exists primarily to take up particular issues where one or more of the members of the body would fall within the scope of one ofparagraphs (a)to(c)if such member or members were to carry on lobbying activities outside of the body and the relevant communications are made in the furtherance of any of those issues.]

(3) For the purposes of the operation of subsection (1)(b) in relation to a body in circumstances in which paragraph (b) or (c) of subsection (2) applies to the body, the body “makes” a relevant communication only—

(a) where it is made by an employee of the body, or

F3[(b) where it is made by a person who holds, in the body, any office the functions of which relate to the affairs of the body as a whole,]

(4) In subsection (1) “relevant communications” means communications (whether oral or written and however made), other than excepted communications, made personally (directly or indirectly) to a designated public official in relation to a relevant matter.

(5) The following are excepted communications:

(a) communications by or on behalf of an individual relating to his or her private affairs about any matter other than the development or zoning under the F5[Planning and Development Acts 2000 to 2023 or the Planning and Development Act 2024] of any land apart from the individual’s principal private residence;

(b) communications by or on behalf of a country or territory other than the State;

(c) communications by or on behalf of the European Union, the United Nations or any other international organisation;

(d) communications requesting factual information or providing factual information in response to a request for the information;

(e) communications requested by a public service body and published by it;

(f) communications forming part of, or directly related to, negotiations on terms and conditions of employment undertaken by representatives of a trade union on behalf of its members;

(g) communications the disclosure of which could pose a threat to the safety of any person;

(h) communications the disclosure of which could pose a threat to the security of the State;

(i) communications which are made in proceedings of a committee of either House of the Oireachtas;

(j) communications by a designated public official in his or her capacity as such;

(k) communications which—

(i) are made by a person who is employed by, or holds any office or other position in, a public service body in his or her capacity as such, or

(ii) are made by a person engaged for the purposes of a public service body in his or her capacity as such,

and which relate to the functions of the public service body;

(l) communications which—

(i) are made by a person who is employed by, or holds any office or other position in, a body which is not a public service body, but is a body by which a designated public official is employed or in which a designated public official holds any office or other position, in his or her capacity as such, or

(ii) are made by a person engaged for the purposes of such a body in his or her capacity as such,

and which relate to the functions of the body;

(m) communications by or on behalf of a body corporate made to a Minister of the Government who holds shares in, or has statutory functions in relation to, the body corporate, or to designated public officials serving in the Minister’s department, in the ordinary course of the business of the body corporate;

(n) communications between members of a relevant body appointed by a Minister of the Government, or by a public service body, for the purpose of reviewing, assessing or analysing any issue of public policy with a view to reporting to the Minister of the Government or public service body on it;

(o) any communications of a description prescribed under F3[subsection (8);]

F4[(p) communications by a political party to its members who are designated public officials and which are made exclusively in their capacity as members of the political party concerned.]

(6) In subsection (5)(n) “relevant body” means a body—

(a) the members of which are appointed by a Minister of the Government or by a public service body and include one or more persons who are designated public officials and one or more persons who are neither public servants nor engaged for the purposes of a public service body, and

(b) which conducts its activities in accordance with the Transparency Code.

(7) The Minister shall prepare and publish a code, to be known as “the Transparency Code”, setting out how, having regard to the public interest in their doing so with an appropriate level of transparency, bodies meeting the condition in subsection (6)(a) are to conduct their activities if they are to constitute a relevant body for the purposes of subsection (5)(n).

(8) The Minister may prescribe descriptions of communications which are to be excepted communications; and in determining whether or not to prescribe any description of communications the Minister shall have regard to the public interest in there being an appropriate level of transparency in relation to communications about any relevant matter and (in particular) to any arrangements for opening up such communications to public scrutiny otherwise than in accordance with this Act.

(9) In this section—

F4["political party" means a political party registered in the Register of Political Parties in accordance withsection 25of theElectoral Act 1992;]

“principal private residence” means a dwelling house or part of a dwelling house occupied by an individual as his or her only or main residence and includes land which the individual has for his or her own occupation and enjoyment with that residence as its garden or grounds up to an area (exclusive of the dwelling house) not exceeding one acre;

“relevant matter” means any matter relating to—

(a) the initiation, development or modification of any public policy or of any public programme,

(b) the preparation or amendment of an enactment, or

(c) the award of any grant, loan or other financial support, contract or other agreement, or of any licence or other authorisation involving public funds,

apart from any matter relating only to the implementation of any such policy, programme, enactment or award or of a technical nature.

6. Designated public officials

6.(1) The following are designated public officials:

(a) Ministers of the Government and Ministers of State;

(b) other members of Dáil Éireann and Seanad Éireann;

(c) members of the European Parliament for constituencies in the State;

(d) members of local authorities;

(e) special advisers appointed under section 11 of the Public Service Management Act 1997;

(f) public servants of a prescribed description;

(g) any other prescribed office holders or description of persons.

(2) The Minister may prescribe descriptions of public servants under subsection (1)(f) by reference to their roles, levels of remuneration, grades or similar factors.

(3) In determining whether or not to prescribe any description of public servants, office holders or description of persons, under subsection (1)(f) or (g), the Minister shall have regard to the public interest and to any recommendations that may have been made under section 2(3).

(4) A body shall publish up-to-date lists showing—

(a) the name and (where relevant) grade, and

(b) brief details of the role or responsibilities,

of each person employed by, or holding any office or other position in, the body who is a designated public official by virtue of subsection (1)(f) or (g).

7. Other definitions

7. In this Act—

“Commission” means Standards in Public Office Commission;

F6["company" means a company formed and registered under theCompanies Act 2014or an existing company within the meaning of that Act;]

F7["Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^50on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);]

“designated public official” has the meaning given by section 6;

“enactment” includes an instrument under an enactment;

“full-time employee” has the meaning given by section 7 of the Protection of Employees (Part-Time Work) Act 2001;

“international organisation” has the meaning given by section 186B of the Social Welfare Consolidation Act 2005;

“local authority” has the meaning given by the Local Government Act 2001;

“Minister” means Minister for Public Expenditure and Reform;

F8["personal data" means personal data within the meaning of—

(a) the Data Protection Regulation, or

(b) Part 5 of the Data Protection Act 2018.]

“pre-existing public service pension scheme” means an occupational pension scheme or pension arrangement, by whatever name called, for any part of the public service—

(a) provided for by or under—

(i) the Superannuation Acts (within the meaning of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012), or

(ii) any enactment (other than the Public Service Pensions (Single Scheme and Other Provisions) Act 2012) or administrative measure for the like purpose and to the like effect as the Superannuation Acts and of either general or limited application,

or

(b) made by a relevant Minister (within the meaning of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012) or which has been approved or requires the approval or consent, however expressed, of either or both a relevant Minister and the Minister;

“prescribed” means prescribed by regulations made by the Minister;

“public servant” means a person who is employed by, or holds any office or other position in, a public service body;

“public service body” means—

(a) a Department of State,

(b) the Garda Síochána,

(c) the Permanent Defence Force,

(d) a local authority within the meaning of the Local Government Act 2001,

(e) the National Treasury Management Agency,

(f) the National Asset Management Agency,

(g) the National Pensions Reserve Fund Commission,

(h) the National Development Finance Agency,

(i) the Health Service Executive,

(j) an education and training board,

(k) the Central Bank of Ireland,

(l) any other body, other than a body specified or referred to in the Schedule, which—

(i) is established by or under an enactment (other than the Companies Acts), or

(ii) is established under the Companies Acts in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of money provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government,

and in respect of which a pre-existing public service pension scheme exists or applies or may be made or in respect of which the Single Public Service Pension Scheme is applicable,

(m) any other body, other than a body specified or referred to in the Schedule, which is wholly or partly funded directly or indirectly out of monies provided by the Oireachtas or from the Central Fund or the growing produce of that Fund and in respect of which a pre-existing public service pension scheme exists or applies or may be made or in respect of which the Single Public Service Pension Scheme is applicable,

(n) any subsidiary of, or company controlled (within the meaning given by section 10 of the Taxes Consolidation Act 1997) by, a body to which any of the preceding paragraphs relates and in respect of which a pre-existing public service pension scheme exists or applies or may be made or in respect of which the Single Public Service Pension Scheme is applicable;

“Register” means Register of Lobbying;

“registered person” means a person whose name is included on the Register (or who has become a registered person under section 11(3));

“relevant contravention” has the meaning given by section 18;

“relevant date”, in relation to a relevant period, means the date falling 21 days after the end of the relevant period;

“relevant period” means the period of 4 months ending with the last day of April, August and December in any year;

“Single Public Service Pension Scheme” means the scheme established by Chapter 2 of Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012;

“trade union” means a trade union which is the holder of a negotiation licence under Part II of the Trade Union Act 1941 or is an excepted body within the meaning of section 6 of that Act.

PART 2 Registration

8. Requirement to register

8. (1) Subject to subsection (2), a person shall not carry on lobbying activities unless the person is a registered person.

F9[(1A) Subject tosubsection (2), a registered person whose entry on the Register has been marked undersection 11(4)with a statement indicating that the person has ceased to carry on lobbying activities shall not carry on such activities.]

F10[(2) A person does not contravenesubsection (1)or(1A), as the case may be—

(a) in the first relevant period in which the person carries on lobbying activities if the person becomes a registered person before the relevant date, or

(b) in the case of a person referred to insubsection (1A), in the first relevant period in which the person recommences lobbying activities if the person complies with the requirements ofsection 11(5)before the relevant date.]

9. Register of Lobbying

9. The Commission shall establish and maintain a register to be known as the Register of Lobbying (referred to in this Act as the “Register”).

10. Content and public availability of Register

10. (1) The Register shall contain—

(a) the information contained in applications made to the Commission under section 11, and

(b) the information contained in returns made to the Commission under section 12.