Public Relations Consultants Association Ireland. Response to the Public Consultation On the Regulation of Lobbyists.

Transcription

1 Public Relations Consultants Association Ireland Response to the Public Consultation On the Regulation of Lobbyists February 2012 Public Relations Consultants Association Ireland (PRCA) 1

2 Table of Contents Section 1: The Public Relations Consultants Association Ireland 3 Section 2: Executive Summary 4 Section 3: Detailed Response to questions posed in the Consultation Document 8 Section 4: Contact Details 21 Public Relations Consultants Association Ireland (PRCA) 2

3 Section 1: The Public Relations Consultants Association Ireland (PRCA) The Public Relations Consultants Association Ireland (PRCA) is the trade representative body promoting the business interests of Public Relations and Public Affairs Consultancy firms in Ireland, who operate to the highest international standards. Founded in 1989, there are 29 member firms in the PRCA. The vast concentration of members is in Dublin. With an estimated combined income of 40 million, the total number employed by PRCA member firms is in the region of 400 people. PRCA member firms provide Public Relations and Public Affairs services to their clients in a broad range of sectors including industry, academia, government, public sector, voluntary / charity sector and professional services. Services include strategic communications planning, public information campaigns, internal communications, media relations, event management, stakeholder engagement programmes and lobbying. To achieve membership of the PRCA, members must first attain the internationally recognised CMS Consultancy Management Standard. In Ireland, this standard is exclusive only to PRCA members and demonstrates that the firm has been independently audited against internationally recognised standards and operates to these high standards. The role of the PRCA is as follows: To promote PRCA Consultancies in order to help generate business. To provide educational seminars, in areas that are of interest and relevant to members, that assist in developing profitable and sustainable consultancies. To be the recognized representative voice for PR Consultants in Ireland. To provide confidential forums in which members can share information To promote excellence in PRCA member firms through an independent and relevant PRCA CMS Standard. Public Relations Consultants Association Ireland (PRCA) 3

4 Section 2: Executive Summary Regulation of Lobbyists The PRCA broadly welcomes the Government s proposals for the Regulations of Lobbyists, which is being developed by the Government Reform Unit of the Department of Public Expenditure and Reform. We also welcome this opportunity to make a submission of our views and will be pleased to assist the Department should it require any further information or clarification. This consultation process opens up the opportunity to undertake research into the extent of lobbying that requires registration and a cost benefit analysis of establishing a statutory register. It also provides an opportunity to look at alternatives. For example requiring those lobbied to keep diary records of individuals and organisations who seek to lobby them and publish this information on a regular basis. The work undertaken by most PRCA member firms on behalf of their clients brings them on occasion into contact with elected politicians and public officials at national and local level. This is a normal and legitimate business activity and often provides an important contribution to Government policy and the making of good laws by our legislators. This view is supported by the Minister for Finance, Michael Noonan TD, who in response to a Parliamentary Question from Deputy Patrick Nulty on the organisations who had lobbied the Minister in relation to the Finance Bill 2012 stated such contacts are a normal part of the Finance Bill process as various groups seek clarification of the measures being proposed. 1 Definition of Lobbying When developing new regulations, it is imperative that there is a very clearly defined knowledge of what exactly is being regulated. Before implementing any register, what is meant by the term lobbying must be defined. It must be accepted that the activity is also called many other names including advocacy, public affairs, government affairs, regulatory affairs and that each of these must be included within the definition developed. Defining lobbyists is fraught with difficulties. In the case of Australia, so inadequate was the Lobbyists Registration Scheme of 1983 in this respect that it was decided to abolish the Scheme in 1996 as it was deemed unenforceable. 2 Therefore it may be more appropriate to focus on the Regulation of Lobbying rather than Lobbyist. 1 Reply by Minister Michael Noonan, TD to PQ raised by Deputy Patrick Nulty, published week ending 24 Feb Institute of Public Administration study on the Regulation of Lobbyists in Developed Countries Public Relations Consultants Association Ireland (PRCA) 4

5 Scope of the Register In defining the activity of lobbying, those who engage in the defined activity, whether self employed, operating in-house, or employed by a third party should be required to register. This will create a level playing field and will ensure that PR and Public Affairs professionals are not put at a competitive disadvantage. In his response to the PQ raised by Deputy Nulty, the Minister for Finance responded that he had: received submissions from in the order of 700 organisations, companies and individuals and I would of course have been in touch also with my Ministerial colleagues. Before the Budget I personally met with various groups including the Irish Farmers Association, the Irish Creamery Milk Suppliers Association, the Irish Business and Employers Confederation, the Irish Congress of Trade Unions, the Construction Industry Federation and the Community and Voluntary pillar. Following Budget Day some additional submissions were received by my Department and, after publication of Finance Bill 2012, meetings were held with a number of organisations. These included one of those on the list supplied by the Deputy, namely KPMG. My officials also had and telephone contact with another of the organisations listed by the Deputy, Financial Services Ireland. This demonstrates the challenge faced by any Government in seeking to introduce a Register of Lobbyists which is fair and does not create a competitive advantage for one sector, and/or seriously disadvantages other parties. The range of organisations that engage in Lobbying is vast and to be truly fair the Register must keep exemptions to a minimum. In this requirement the EU Transparency Register is a model deserving of consideration. Maintenance of Register The Register of Lobbyists must be easy to implement and manage and must not place an administrative burden on either Government or those required to register. An impact assessment of the proposed Register must be carried out before it is introduced so as to ensure it does not add to the regulatory and red tape burden on those required to register, in line with the Government s commitments as outlined in the recently published Action Plan for Jobs. In accepting the intent of Government to develop a Register of Lobbyists, the Public Relations Consultants Association believes that the purpose of the Register should be to increase transparency without damaging the useful input to policy provided by any lobbyists. The Register should be a public record of all parties engaging with Government and its civil servants. It should not be a regulator for the industry. PRCA member firms operate to the international CMS standard and Directors of PRCA firms are also members of the Public Relations Institute of Ireland and are bound by the Code of Professional Conduct of the Institute. Public Relations Consultants Association Ireland (PRCA) 5

6 Government responsibility to demonstrate Transparency There is a responsibility on Government to demonstrate to its citizens that all arms of government are acting in an ethical, open and transparent manner. The burden of that responsibility should not be shifted to other sectors of society and there is a danger that this is what is being attempted with this proposed Register of Lobbyists. Indeed, in many jurisdictions the focus is to regulate the lobbied rather than the lobbyist. According to the Institute of Public Administration this was principally due to the vexed issue of finding a generally acceptable definition of what constitutes a lobbyist. As Baggott puts it: virtually everything that moves in the political arena becomes in effect a pressure group (Baggott, 1995). 3 In the United Kingdom Government Ministers are required to publish on quarterly basis information about Minister s meetings. This provides transparency to citizens on the workings of Government. The UK Government, which is currently engaging in a similar consultation on the introduction of a UK Register of Lobbyists states in their consultation document: The Government already publishes quarterly information about Ministers meetings. Information about which stakeholders are meeting Ministers to put forward their views on policies is already in the public domain Because Government departments already publish lists of external meetings there is no need to provide further information about specific contacts with Government. 4 Because of this practice, the level of information it is proposed that lobbyists would be required to provide to the UK register is not onerous and will allow for a Register which is easy to administer and maintain. It is the view of the PRCA that this model of publishing Ministerial / Departmental diaries should be considered by the Irish Government if it is committed to transparency and openness in Government. Impact on Ireland s ability to attract foreign direct investment Ireland enjoys an enviable reputation as a location for foreign direct investment. U.S. firms have invested more capital in Ireland since 1990, some $189 billion on a cumulative basis, than the four BRIC nations combined at $159 billion. In 2009, Ireland accounted for nearly one-fifth of total U.S. Foreign Direct Investment to Europe, a record high 5. 3 Institute of Public Administration Study on the Regulation of Lobbyists in Developed Countries 4 Introducing a Statutory Register of Lobbyists Consultation Paper Presented to Parliament by the Minister for Government Policy by Command of Her Majesty, January American Chamber of Commerce Ireland Built to Last Investment Report September 2011 Public Relations Consultants Association Ireland (PRCA) 6

7 There are many factors which contribute to Ireland s attractiveness as an investment location, including a pro business environment and ease of doing business in Ireland. The introduction of a Register of Lobbyists must not impact negatively on this positive environment. Pushing activity offshore There appears to be no accommodation in the OECD parameters for non-national individuals or organisations making contact with politicians or the government in Ireland. The PRCA is of the view that the proposed regulations should preclude non-national individuals or organisations, from such direct contact without being subject to Registration. This is a potential loophole that could serve to drive lobbying activity offshore. There are many multinational companies located in Ireland for example who could engage in lobbying in Ireland through sister companies in other jurisdictions if this loophole is not closed. Experience in other countries Most developed countries have been slow to introduce statutory registration for the reasons outlined above. The vast majority of lobbying is carried out by representative bodies, NGOs, Trade Unions and Embassy officials. To exclude them and other professionals, such as representatives from accounting and law firms, would clearly discriminate against those who are designated Public Affairs consultants or lobbyists. The US, Canada and Germany have statutory registers. But the scope, requirements and penalties for non-registration vary considerably. Within Europe there is little statutory regulation. Denmark and Croatia have voluntary registers. An Institute of Public Administration study o the Regulation of Lobbyists in Developed Countries found that countries with specific rules and regulations governing the activities of lobbyists and interest groups are more the exception than the rule. The EU Commission has a voluntary transparency register and the UK is embarking on a consultation process on the introduction of a register in that jurisdiction. The type of federal register introduced in the US and Canada would be unnecessarily cumbersome and costly to implement for a country the size of Ireland. However the systems adapted by the EU Commission, and some of the Canadian Provinces, are worth considering as they are more in keeping with the features of the Irish political system. Public Relations Consultants Association Ireland (PRCA) 7

8 Section 3: PRCA Response to questions posed in the Consultation Document Call for Evidence on Regulations of Lobbyists based on OECD Principles for Transparency and Integrity in Lobbying. The PRCA sets out below its specific responses to the OECD Principals Document being used by the Department in this consultative process. 1.1 What issues need to be examined, in developing an effective regulatory system for lobbying in Ireland to maintain a level playing field between all stakeholders wishing to influence any specific Government legislative or policy initiative? The key issues that need to be addressed are: As a small open democracy, Ireland prides itself on the ability of all of its citizens to have access to their elected political representatives. Care should be taken to ensure that this access is enshrined in any regulation and that no such diminution should occur. Defining the activity of lobbying; defining who is engaging in the activity, and the consequences of this for a proposed Register. On the administrative side, defining those who are required to declare that they have had engagement with lobbyists or have been lobbied by members of the public is the regulation solely for the Houses of the Oireachtas (Dáil and Seanad), or should it extend to Local Government and the Health Services for example? Are civil servants included? Fair regulation to ensure that all individuals, organisations and their representatives who engage with Government, Local Government, public officials and paid political advisors are included in the proposed regulations What elements of the design or operation of a regulatory regime could create a risk of a diminution of citizens access to their T.D. or local councillors? A level playing field, whereby all engaged in access to politicians or officials are included on the Register, will mean that citizens are comfortable that they are getting the same fair treatment as others. Public Relations Consultants Association Ireland (PRCA) 8

9 1.3 How can this risk be mitigated? Most TDs, many Councillors and some Senators, hold regular constituency clinics to which citizens bring personal issues seeking assistance these may relate to a medical card, bus pass, or some sort of personal allowance. It is clear that such activity will in no manner impact on public policy, so it could not be classified as lobbying activity. It is therefore important to ensure, in the definition stage of the proposed regulations, that Lobbying is clearly and unambiguously defined. This definition must on the one hand protect the right of the citizen and, on the other, ensure that what is designed to impact on public policy is duly and accurately noted. PRCA members engaged in public affairs activity subscribe to Codes of Professional conduct as part of their work. We believe that such codes should be expanded to formally incorporate the public engagement role. The PRCA would be pleased to work with the Department of Public Expenditure and Reform in the development of any such code, which would further serve to provide citizens with reassurance and serve to create a benchmark of standards for politicians, officials and those engaged in lobbying. 2.1 What specific factors need to be considered in the Irish context to ensure that the regulatory system properly recognises the scale and nature of lobbying activity in Ireland? The size of the country, its population, the electoral system and the local nature of political representation The relative ease of access to public representatives and officials which has been a feature of the Irish political system since the foundation of the State The electoral system (Proportional Representation) and its propensity to give minority parties and Independents a level of parliamentary representation disproportionate to their voting numbers in the country as a whole. This can create a climate where policy makers are more susceptible to pressures from constituents or lobby groups The nature of lobbying in the Irish context is such that it is not limited to one industry or profession but is an activity undertaken by paid professional lobbyists; professional services companies such as accountants and lawyers, professional bodies, Trade Unions and Union groups, NGOs, academics, church organisations and many others at a national and local level. It should also be appreciated that individuals, companies and commercial organisations as well as those listed above would in many cases specifically employ people to lobby Government or in the case of NGOs to advocate on their behalf. The OECD Principles for Transparency and Integrity on Lobbying rightly place as much significance on the regulation of in-house lobbyists as on consultant lobbyists. They state that Rules and guidelines should primarily target those who receive compensation for carrying out lobbying activities such as consultant lobbyists and in-house lobbyists. However, definition of lobbying activities should also be considered more broadly and Public Relations Consultants Association Ireland (PRCA) 9

10 inclusively to provide a level playing field for interest groups, whether business or not-forprofit entities which aim to influence public decisions. In-house can in turn encompass a variety of engagement activity ranging from the Managing Partner or Managing Director to members of the management team and others, in addition to the in-house lobbyist. The legislative framework needs to be mindful of this reality. The extent of this is demonstrated in the statement by Minister Noonan that over 700 submissions on the Budget and Finance Bill had been received and that he had personally met with various groups including the Irish Farmers Association, the Irish Creamery Milk Suppliers Association, the Irish Business and Employers Confederation, the Irish Congress of Trade Unions, the Construction Industry Federation and the Community and Voluntary pillar. He also stated that following the publication of the budget, his department had met with KPMG and Financial Services Ireland. Minister Noonan noted that such contacts are a normal part of the Finance Bill process as various groups seek clarification of the measures being proposed What are the main lessons to be learned from other jurisdictions in developing an appropriate and effective regulatory system for regulating lobbyists in Ireland? Statutory Registers do not work. In no jurisdiction has it been possible to develop a registration system which closes off all loopholes. Statutory Registers require constant revision, thereby increasing the administrative burden on both Government and those required to register. If regulation is to be introduced, then the process of lobbying, advocacy and representation needs to be regulated, not those who undertake the activity. The need to ensure that a level playing field is introduced with all those engaged with policy makers, politicians and civil servants, regardless of their employer or the proportion of their time spent on lobbying or the fees earned. The Register must be easy to operate for everyone involved. It must be easy to maintain, easy to comply with and easy to access. An overly bureaucratic registration system could see public officials refusing to engage formally with lobbyists, driving the practice underground. This would be to the detriment of policy making in Ireland. The difficulty in establishing compliance. There are very few cases of anyone being prosecuted for non-compliance with a Register of Lobbyists. 6 Reply by Minister Michael Noonan TD to PQ raised by Deputy Patrick Nulty, published week ending 24 Feb 2012 Public Relations Consultants Association Ireland (PRCA) 10

11 The placement of equal requirement on Government and its employees to be transparent in their dealings. The UK model of government departments publishing details of all external meetings on a quarterly basis greatly enhances transparency for citizens and should be considered in the Irish context The need for Government to undertake public information campaigns so that all those who are required to be on the Register are aware of their obligations 2.3. Is there any specific international approach to the regulation of lobbyists that represents a good model for developing an approach to Ireland s specific requirements? The systems adapted by the EU Commission and some of the Canadian Provinces are worth considering as they are in keeping with the features of the Irish political system. EU Transparency Register The EU Transparency Register is a good model in terms of the scope of entities required to register. These include: Professional consultancies/law firms/self-employed consultants carrying on, pursuant to contract, activities involving lobbying, promotion, public affairs and relations with public authorities; In-house lobbyists and trade/professional associations such as companies and groups of companies, trade, business, and professional associations, trade unions, and other similar organisations; Non-governmental organisations, platforms and networks such as not-for-profit organisations, political parties or commercial organisations, charities, foundations, etc. Think tanks, research and academic institutions dealing with activities and policies of the European Union; Organisations representing churches and religious communities; Local, regional and municipal authorities such as legal entities, representation offices, associations or networks set up to represent those authorities. (The Permanent Representations of the EU Member States in Brussels are not expected to register.) One of the benefits of the EU Transparency Register is that it provides an annual access pass to Parliament for those who register. Province of British Columbia, Canada The Lobbyists Registration Act in British Columbia recognises that lobbying is a legitimate activity. The purpose of the Act is to ensure that lobbyists declare their activities and to provide public information about who is lobbying the government, on what subject matters and on whose behalf at any given point in time. Everyone who lobbies - whether a paid consultant or an in-house lobbyist, must register. There is a simple on-line process with the results freely available to public access. But while the Public Relations Consultants Association Ireland (PRCA) 11

12 information registered is not onerous it gives a snapshot of who is lobbying, who they are lobbying and the subject matter. A monthly document is published online that summarizes the lobbying activities of the past month - ( Who s lobbying who ) The British Columbia model provides an example of an online register which is not onerous in terms of the information required. The type of federal register introduced in the US and Canada would be unnecessarily cumbersome and costly to implement for a country the size of Ireland. In Washington State alone there are 25 officials employed to manage the register. 2.4 Given the commitment in the Programme for Government to introduce a statutory register of lobbyists, what features of the system will help ensure it does not impede fair and equitable access to Government and does not give rise to a disproportionate administrative burden? To ensure optimum efficiency, it is essential at the outset that the regulations are developed in a clear and unambiguous manner and that the appropriate frameworks are put in place. If this task is correctly done at the outset, the administrative task should be straightforward and as simple as filling out an online form. 2.5 Please provide any views on the draft Bills previously published by the Government parties in Opposition for the regulation of lobbyists. The Register of Lobbyists Bill 1999 proposed by the Labour Party was in our view excessive in three areas; In relation to the level of lobbying activity which occurs in Ireland As a response to the issues which the Labour Party said gave rise to the Bill In respect of the level of information required from bodies and individuals required to register, e.g. submitting particulars of communication techniques and submitting particulars of future subjects that are expected to arise any time in the calendar year following registration. It was also vague in defining what constitutes lobbying; who is a lobbyist, and in using terms such as seeking to influence and significant in relation to the role of employees who lobby. Public Relations Consultants Association Ireland (PRCA) 12

13 At that time, the Public Relations Consultants Association and the Public Relations Institute of Ireland expressed these concerns. We also said at that time that there should be more detailed research carried out into the extent and level of lobbying in Ireland. Such research would be valuable in determining the extent of lobbying by commercial organisations, trade unions, associations, representative groups and NGOs. 3.1 What areas of the wider policy and regulatory framework in Ireland are particularly relevant to the design and operation of a regulatory system of lobbying? Standards in Public Office legislation Legislation relating to Donations to politicians and political parties Freedom of Information Act Right of Individual to Privacy Data Protection Legislation 3.2 What changes or reforms may need to be considered in these areas to help underpin the effectiveness of the regulation of lobbying activities? It may make sense to incorporate the regulation of lobbyists under the auspices of the Standards in Public Office Commission. In the current environment, the Government and not least the Department of Public Expenditure and Reform are looking at ways to achieve optimum value for taxpayers. As well as its experience and knowledge in related matters, the Commission might be well-placed to administer new laws on the Regulation of Lobbyists. A logical right accompanying the Registration process must be a right of access to the Houses of the Oireachtas as is the case with the EU Transparency Register. Much lobbying activity is already subject to request for information under FOI. There may be systems in place covering FOI which could be adapted for the proposed regulations. The publication on a quarterly basis of a list of all external meetings undertaken in every Department of Government - similar to the UK model. Public Relations Consultants Association Ireland (PRCA) 13

14 4.1 What is the appropriate scope of lobbying activities that should be regulated in Ireland consistent with these OECD principles which ensures that all forms of lobbying fall within the regulatory system? Lobbying should incorporate: Engagement by any individual or organisation in any aspect of the legislative process, from initial draft legislation to changes in existing legislation Representations on behalf of individuals or organisations relating to any potential benefit accruing from the State, a state body or local authority (such benefits commercial contracts, grants etc would need to be clearly defined in the regulations) Any engagement with a Local Authority for similar purposes. Engagement with state bodies such as the EPA, IDA Ireland or Enterprise Ireland. As well as national politicians, Government Departments, State and Semi-State Companies, public officials and Local Authority officials and Local Councillors should be classified in the regulations as being required to make disclosure. 4.2 Should any exemptions or exclusions be considered? The PRCA is of the view that there may be occasions when individuals or organisations wish to seek contact with officials or politicians at the high level, on a discreet basis. Such contact may well be in the national interest. For example, a prospective inward FDI investor might want to have discreet contact in the context of a decision they may have to make in terms of selecting Ireland over another country for their project. It may well be to Ireland s competitive advantage that it does not publicly disclose the manner or nature of discussion. This process should take into consideration when it is in the genuine national interest to maintain a discretionary position or where required to allow for an appropriate period of time to elapse before releasing such information (as per the 30 year rule with government papers). National Interest in the context of the proposed legislation would need to be defined. Communicating commercially sensitive information (this would have to be defined) that would lead to a competitive disadvantage in an open-market environment, were it to be subject to public declaration, should also be excluded. Public Relations Consultants Association Ireland (PRCA) 14

15 4.3 What robust, comprehensive and sufficiently explicit definitions of lobbying and lobbyist can be developed and applied in practice that will avoid misinterpretation of the emergence of loopholes in an Irish context? The definition must be framed to encompass any individual, body corporate or nongovernmental-organisation, hired or engaged to communicate with public office holders on behalf of their employer or client in respect of: The development of any legislative proposal by the Oireachtas Contact with a Government Minister, political advisor, public official, Local Authority, councillor or officials on any issue which may provide a material benefit to the employer or client The introduction of any Bill or resolution in either Dáil Eireann or Seanad Eireann or the passage, defeat or amendment of any Bill or resolution that is before either House, The making or amendment of any policy or programme of the Irish Government The awarding of any contract, grant, contribution, benefit by or on behalf of any Government Department State Agency, Semi-State company or Local Authority How can any regulatory system be designed to capture not solely individuals who receive compensation for carrying out lobbying activities, but professional service providers (e.g. members of the legal, accountancy, medical and other professions), representative bodies and other organisations that engage in significant lobbying? A robust regulatory framework that ensures that all those who are engaged in lobbying activity are registered, including in-house practitioners, advocates in the charity /voluntary sector, academics, professionals such as lawyers / accountants, etc., regardless of the level of remuneration earned, or the proportion of their time spent lobbying / advocating on behalf of their employer or client. Traditional claims of client privilege must not be allowed as a reason to exclude some professionals from the Register. The Register must be all inclusive to ensure a level, competitive, playing field. There are ways to overcome client confidentiality legal privilege should only extend to the issues discussed between professional and client not to information about the activity on which they are lobbying on behalf of the client. 4.5 What thresholds of, for example, time spent on lobbying activities (e.g. as a proportion of working year) or compensation received (e.g. as a proportion of total compensation) might help identify when registration may be appropriate? The amount of time spent and fees earned on lobbying activity is irrelevant and should have no bearing on the registration process. This is not the purpose of the Register. What is important is that any lobbying activity that is being undertaken is recorded in a transparent and easily accessible way. Public Relations Consultants Association Ireland (PRCA) 15

16 5.1 What types of information should be disclosed by registered lobbyists in Ireland to allow for adequate public scrutiny, openness and transparency? Lobbyist s name, employer name (if not self) Lobbying on behalf of Public Office Holder(s)/Officials being lobbied, both national and local Subject of the lobby Whether the lobby is active or complete 5.2 What would be considered legitimate exemptions from core disclosure requirements? Client Privilege / Client confidentiality should not be used to provide a loophole for any professional to avoid being registered. We concur with the OECD principles in this regard Disclosure of lobbying activities should provide sufficient, pertinent information on key aspects of lobbying activities to enable public scrutiny. It should be carefully balanced with considerations of legitimate exemptions in particular the need to preserve confidential information in the public interest or to protect market-sensitive information when necessary. If a matter is deemed to be in the national interest (national interest would have be clearly and unambiguously defined in the context of these regulations). Personal information relating to individual persons, such as medical information. The usual rules regarding non-disclosure of commercially sensitive information should apply. 5.3 Should such information be disclosed by registered lobbyists be available to the public by way for example, of an electronic register? Yes 6.1 Do any possible conflicts of objective potentially arise between the public interest in the public being informed on who has sought to influence legislative or policy making processes and other important public policy objectives? No Public Relations Consultants Association Ireland (PRCA) 16

17 7.1 What principles, rules standards and procedures may be appropriate to regulate how public officials are allowed to engage with lobbyists, over and above those already in place in Ireland, for example under Ethics Legislation? This issue is a serious concern to PRCA members. Even well meaning officials, faced with tabloid type disclosure about meeting with lobbyists will simply refuse to meet, making it difficult for lobbyists to do their job. There is also the danger that worthwhile and valuable contributions to policy and the legislative process will no longer be facilitated. Placing the responsibility on each Department, rather than individual officials, to publish quarterly a list of external meetings may mitigate against this. 7.2 What specific considerations arise, if any, in relation to the design of a regulatory system for lobbyists to meet the commitment included in the Programme for Government that no senior public servant (including political appointees) or Minister can work in the private sector in any area involving a potential conflict of interest with their former area of public employment, until at least two years have elapsed after they have left? The two year cooling-off period is considered acceptable. However, if the people listed here continue to have access to the Houses of the Oireachtas during the cooling off period they must be part of the Registration process. Equally, all those registered must have the right to access the House and ease of access should be expanded to those registered so as to ensure a fair and equitable arrangement for all. 8.1 What factors or considerations should guide and inform the implementation of the commitment included in the Programme for Government to introduce rules concerning Openness and easy public accessibility to the Register of Lobbyists? Clear identification of the organisation having a beneficial interest in the lobbying activity The burden of responsibility must lie with the public official to ensure that the lobbyist is included on the Register The legislation must result in a level playing field - all who engage in lobbying, public affairs, government relations and advocacy, regardless of cause, funder or sector, must be registered It must include a comprehensive code of conduct Public Relations Consultants Association Ireland (PRCA) 17

18 It must include realistic and enforceable sanctions against those who fail to meet their obligations under the legislation 8.2 What should these rules relate to and should they apply on a statutory or nonstatutory basis? The rules should be enacted on a statutory basis. The rules should apply to any engagement with a Government Minister or official of Government including Local Authorities, by any individual whether lobbying on their own behalf or on behalf of a third party 8.3. What are the main advantages and disadvantages of the different approaches available? Advantages of statutory regulation: Lobbying being seen as a legitimate function and role within an open democratic society. A fair system whereby all the relevant stakeholders are operating within the agreed regulatory framework. Transparency Disadvantages of statutory regulation: Officials refusing to meet with those listed on the Register. A potential significant cost to the taxpayer in terms of the implementation and administration of the regulations Added layer of administrative burden on public service and Local Authorities Risk of such legitimate activity being driven underground Sensitive information finding its way into the public domain Additional time and cost to stakeholders, on all sides, in managing media enquiries relating to their legitimate activities. Cost of compliance Public Relations Consultants Association Ireland (PRCA) 18

19 8.4 Should the early introduction of a statutory register of lobbyists in Ireland be given priority over the introduction of rules concerning the practice of lobbying? No. it would be more effective that rules are in the first instance set in place, and that that relevant stakeholders have an opportunity to input into those regulations. The PRCA concurs with the PRII that the range and scope of lobbying activities should be considered first, and a definition of lobbying and lobbyist articulated and formally drawn up, before the parameters of the Register are developed. 9.1 What factors would be expected to yield the best outcomes in terms of compliance with regulatory requirements put in place in Ireland? Most important is the establishment of a clear and unambiguous regulatory framework and a level playing field whereby all engaged in lobbying (government affairs /advocacy / public affairs) under the headings defined in the regulations, are subject to the same conditions of compliance. 9.2 What mechanisms should be introduced in order to deter breaches of compliance? There appears to be no accommodation in the OECD parameters for non-national individuals or organisations making contact with politicians or the government in Ireland. The PRCA is of the view, that the proposed regulations should preclude non-national individuals or organisations, from such direct contact without being subject to Registration. This is a potential loophole that could serve to drive lobbying activity offshore. There are many multinational companies located in Ireland for example who could engage in lobbying in Ireland through sister companies in other jurisdictions if this loophole is not closed. Diplomatic Representatives including Ambassadors and Commercial Attachés have also been known to lobby on behalf of organisations and commercial entities. It is a matter for Government as to whether such would also be required to register such representations on the Register of Lobbyists. 9.3 Should there be an electronic registration and report-filing systems for lobbyists? Yes Public Relations Consultants Association Ireland (PRCA) 19

20 9.4 What sanctions and/or incentives should be introduced to encourage full compliance? Incentive: An implicit insurance in the regulations that no individual or stakeholder that is engaged in lobbying activity is doing so outside of the regulations Incentive: PRCA/PRII membership should automatically enable inclusion on the register Sanction: Removal from the Register to be the ultimate sanction for non-compliance Sanction: Likewise exclusion from PRCA/PRII membership if found to be in breach of the law pertaining to proposed regulation of lobbyists Sanction: Structures along the lines of Standards in Public Office for politicians Sanction: Internal disciplinary measures for public servants Sanction: Where the law has been broken, prosecution should take place 10.1 What further consultation mechanisms might be appropriate in relation to the development of legislative proposals for consideration by Government? Because of the experience of its members in the area of lobbying, the PRCA would be pleased to engage further with the Department of Public Expenditure and Reform in assisting the Department in any way it can to develop draft proposals. It would be helpful also to engage politicians and officials with relevant experience. At this stage, we would recommend the establishment of a representative working-group of relevant stakeholders. It is a concern to the PRCA that the proposals to regulate Lobbyists is being undertaken without any formal academic or third party research into the extent of lobbying, the professions engaged in lobbying, its impact or indeed whether there is an actual need for a Register. We believe such research should be undertaken in order to inform the current deliberations and to ensure that the proposed Register of Lobbyists reflects the actual market requirements. We also strongly urge the Government to undertake an impact assessment of the proposed legislation before enacting any legislation. This will help to prevent bad law which places unnecessary regulatory and compliance burdens on those required to Register Who should be involved in any consultation process? PRCA, PRII and all relevant stakeholders. Public Relations Consultants Association Ireland (PRCA) 20

21 Section 4: Contact Details This submission has been prepared on behalf of the 29 member firms of the Public Relations Consultants Association of Ireland. For further information on this submission please contact: Laurie Mannix, Chairman, PRCA MKC Communications The Archway, 4a Lower Pembroke Street, Dublin 2. Telephone: Gerry Davis, Chief Executive Officer, PRCA The Public Relations Consultants Association Ireland (PRCA) 8 Upper Fitzwilliam Street, Dublin 2. Telephone: info@prca.ie Public Relations Consultants Association Ireland (PRCA) 21