Regulation of Lobbying and Oireachtas (Allowances to Members) (Amendment) Act 2023

Regulation of Lobbying and Oireachtas (Allowances to Members) (Amendment) Act 2023 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2023 Regulation of Lobbying and Oireachtas (Allowances to Members) (Amendment) Act 2023 Regulation of Lobbying and Oireachtas (Allowances to Members) (Amendment) Act 2023 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 15 of 2023 REGULATION OF LOBBYING AND OIREACHTAS (ALLOWANCES TO MEMBERS) (AMENDMENT) ACT 2023 CONTENTS Section

Section 1

Section 2

Section 3

Section 4

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

Section 16

Section 17

Section 18

Section 19

Section 20

Section 21

Section 22

Section 23

Section 24

Section 25

Definition 1. In this Act, “Principal Act” means the Regulation of Lobbying Act 2015 .

Amendment of section 2 of Principal Act 2. Section 2 of the Principal Act is amended, in subsection (2), by the substitution of the following paragraph for paragraph (c): “(c) each subsequent successive period of 5 years beginning on the commencement of section 2 of the Regulation of Lobbying and Oireachtas (Allowances to Members) (Amendment) Act 2023.”.

Amendment of section 4 of Principal Act 3. Section 4 of the Principal Act is amended, in subsection (3), by the insertion after “the Minister” of “or the Commission, as the case may be,”.

Amendment of section 5 of Principal Act 4. Section 5 of the Principal Act is amended— (a) in subsection (1), by the substitution of the following paragraph for paragraph (c): “(c) makes, or manages or directs the making of, any relevant communications about the development or zoning of land under the Planning and Development Acts 2000 to 2021.”, (b) in subsection (2), by— (i) in paragraph (b), the substitution of “the members,” for “the members, or”, (ii) in paragraph (c), the substitution of “those issues,” for “those issues.”, and (iii) the insertion of the following paragraphs after paragraph (c): “(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 of paragraphs (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 of paragraphs (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.”, (c) in subsection (3), by the substitution of the following paragraph for paragraph (b): “(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,”, (d) in subsection (5), by— (i) in paragraph (a), the substitution of “Planning and Development Acts 2000 to 2021” for “Planning and Development Acts 2000 to 2014”, (ii) in paragraph (o), the substitution of “subsection (8);” for “subsection (8).”, and (iii) the insertion of the following paragraph after paragraph (o): “(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.”, and (e) in subsection (9), by the insertion of the following definition: “‘political party’ means a political party registered in the Register of Political Parties in accordance with section 25 of the Electoral Act 1992 ;”.

Amendment of section 7 of Principal Act 5. Section 7 of the Principal Act is amended by the insertion of the following definition: “‘company’ means a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act;”.

Amendment of section 8 of Principal Act 6. Section 8 of the Principal Act is amended— (a) by the insertion of the following subsection after subsection (1): “(1A) Subject to subsection (2), a registered person whose entry on the Register has been marked under section 11(4) with a statement indicating that the person has ceased to carry on lobbying activities shall not carry on such activities.”, and (b) by the substitution of the following subsection for subsection (2): “(2) A person does not contravene subsection (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 in subsection (1A), in the first relevant period in which the person recommences lobbying activities if the person complies with the requirements of section 11(5) before the relevant date.”.

Amendment of section 11 of Principal Act 7. Section 11 of the Principal Act is amended— (a) in subsection (1), by— (i) the insertion of the following paragraph after paragraph (a): “(aa) the name of every person who is a member of a body referred to in section 5(2)(d) or (e), as the case may be,”, and (ii) the substitution of the following paragraph for paragraph (b): “(b) the address (or principal address) at which the person carries on business or carries on the person’s main activities or (if there is no such address) the address at which the person ordinarily resides,”, (b) in subsection (4), by the deletion of “permanently” in both places where it occurs, and (c) by the insertion of the following subsection after subsection (4): “(5) A registered person referred to in subsection (4) whose entry on the Register has been marked under that subsection with a statement indicating that the person has ceased to carry on lobbying activities, and who subsequently wishes to recommence such activities, shall notify the Commission accordingly, in such form and manner as the Commission may require, and, on receipt of such notification, the Commission shall remove such statement from the person’s entry on the Register.”.

Amendment of section 12 of Principal Act 8. Section 12 of the Principal Act is amended by— (a) in subsection (2), the deletion of “permanently”, (b) in subsection (4)(f), the deletion of “and” where it lastly occurs, and (c) the insertion of the following paragraph after paragraph (f): “(fa) the name of every person who is a member of a body referred to in section 5(2)(d) or (e), as the case may be, and”.

Amendment of section 18 of Principal Act 9. Section 18 of the Principal Act is amended by— (a) the substitution of the following paragraph for paragraph (a): “(a) contravening subsection (1) or (1A) of section 8;”, (b) in paragraph (e), the substitution of “section 19;” for “section 19.”, and (c) the insertion of the following paragraphs after paragraph (e): “(f) the taking of any action by a person that has as its intended purpose the avoidance or circumvention of the person’s obligations under section 8(1) or 12(1); (g) contravening section 22(1).”.

Amendment of section 20 of Principal Act 10. Section 20 of the Principal Act is amended, in subsection (2), by the substitution of “under paragraph (a), (b) (save as provided for by subsection (1)), (c), (d), (e) or (f) of section 18” for “in any other way”.

Amendment of section 21 of Principal Act 11. Section 21 of the Principal Act is amended by the substitution of the following subsection for subsection (3): “(3) The fixed payment notice may be served on the person: (a) where the Commission has been provided with the person’s email address, by sending it to the person by electronic means to that email address, provided that a record that the email has been sent to the person is made for the sender by the email system used; (b) by delivering it to the person; (c) by sending it by registered post or by any other form of recorded delivery service to— (i) in the case of an individual, the address at which the individual ordinarily resides or any other address provided by the individual for the purposes of this section, (ii) in the case of a company, its registered office, or (iii) in the case of any other body corporate or unincorporated body, its principal office or place of business.”.

Amendment of section 22 of Principal Act 12. Section 22 of the Principal Act is amended by— (a) in subsection (1), the substitution of “the prior consent of the Commission and, where that consent is subject to conditions under subsection (5)(a)(i)(II), in accordance with its terms” for “the consent of the Commission”, (b) the insertion of the following subsection after subsection (4): “(4A) A person referred to in subsection (1) shall apply to the Commission for consent in such form and manner as the Commission may require.”, (c) the substitution of the following subsection for subsection (5): “(5) (a) Where a person referred to in subsection (1) makes an application to the Commission for consent, the Commission shall, after any appropriate consultation (including with the person concerned, the person’s current, former or intended employer or such other person as the Commission considers appropriate) decide to— (i) give consent— (I) unconditionally, or (II) subject to conditions, or (ii) refuse to give consent for the whole or any part of the relevant period. (b) The Commission shall notify the person in writing of the decision under paragraph (a), and, in the case of a decision under subparagraph (i)(II) or (ii) of paragraph (a), the reasons for the decision. (c) A decision under paragraph (a) shall be made as soon as may be and, insofar as practicable, not later than 21 days after the receipt by the Commission of the application concerned. (d) Where a decision is not or is not likely to be provided to the person concerned within the period specified in paragraph (c), the Commission shall notify the person concerned as soon as practicable of the extension of that period by a further period not exceeding 7 days.”, and (d) the insertion of the following subsections after subsection (5): “(6) Each public service body shall inform, in writing, every person who is a relevant designated public official employed by, or holding any office or other position in, that public service body of his or her obligations under this section, when taking up such employment, office or position, and when leaving such employment, office or position, in that public service body.

Sanctions for contravention under section 18(f) or of section 22(1) 13. The Principal Act is amended by the insertion of the following section after section 22: “22A. (1) This section applies to a contravention under section 18(f) or of section 22(1), as the case may be.

Matters to be considered in determining amount of financial sanction to be imposed 14. The Principal Act is amended by the insertion of the following section after section 22A (inserted by section 13 ): “22B. The Commission, in considering the amount of the financial sanction to be imposed under section 22A, shall take into account the circumstances of the contravention under section 18(f) or of section 22(1) and, without prejudice to the generality of the foregoing, may have regard to: (a) the need to ensure that any sanction imposed— (i) is appropriate and proportionate to the contravention concerned, and (ii) if applicable, will act as a sufficient incentive to ensure that any like contravention will not occur in the future; (b) the gravity and duration of the contravention concerned; (c) the extent of any failure by the person to cooperate with the investigation concerning that person; (d) any excuse or explanation given by the person for the contravention concerned or failure to cooperate with the investigation concerned; (e) the repeated occurrence of the contravention concerned by the person; (f) if applicable, the continuation of the contravention concerned after the person was notified of the investigation concerned; (g) if applicable, the extent and timeliness of any steps taken to end the improper conduct and any steps taken to remedy the consequences of the contravention concerned; (h) any precedents set by a court or the Commission in respect of a previous like contravention.”.

Financial sanctions 15. The Principal Act is amended by the insertion of the following section after section 22B (inserted by section 14 ): “22C. (1) A person on whom a financial sanction is imposed under section 22A shall pay the amount concerned by the date stated in the notification under subsection (6), and subject to subsections (8) and (9), of that section.

Appeal to Circuit Court 16. The Principal Act is amended by the insertion of the following section after section 22C (inserted by section 15 ): “22D. (1) A person the subject of a decision under section 22A(3)(b)(i) or (ii) may, not later than 30 days beginning on the date of the notification of the decision under section 22A(6), appeal to the Court against the decision by notice in writing specifying the grounds of appeal.

Application to Circuit Court to confirm decision to impose major sanction 17. The Principal Act is amended by the insertion of the following section after section 22D (inserted by section 16 ): “22E. (1) Where a person does not appeal against a decision by the Commission to impose a major sanction under section 22A(3)(b)(ii) to the Court within the period specified in section 22A(6), the Commission shall, as soon as practicable after the expiration of that period, by motion on notice to the person concerned, make an application in a summary manner to the Court for confirmation of a decision to impose a major sanction.

Conduct of investigations and proceedings 18. The Principal Act is amended by the insertion of the following section after section 22E (inserted by section 17 ): “22F. (1) Subject to subsection (3), the Commission shall publish and from time to time revise, in such form and manner as the Commission considers appropriate, a code— (a) for authorised officers and the Commission for the conduct of investigations under section 19, and (b) for the Commission for the conduct of proceedings before the Commission under sections 22A to 22E.

Giving of notices, etc.

Amendment of section 23 of Principal Act 20. Section 23 of the Principal Act is amended, in subsection (1), by the substitution of “22(5)” for “22”.

Amendment of section 25 of Principal Act 21. Section 25 of the Principal Act is amended— (a) in subsection (2)— (i) in paragraph (d), by the substitution of “in that year,” for “in that year, and”, (ii) in paragraph (e), by the substitution of “in that year,” for “in that year.”, and (iii) by the insertion of the following paragraphs after paragraph (e): “(f) any decisions made, or sanctions imposed, by the Commission under section 22A in that year, (g) any appeals taken under section 22D in that year, and (h) any applications for confirmation of a decision to impose a major sanction made under section 22E in that year.”, and (b) by the insertion of the following subsection after subsection (2): “(3) Any information referred to in paragraph (f), (g) or (h) of subsection (2) shall not be included in the report referred to in subsection (1)— (a) in a case where a decision has been made to impose a major sanction— (i) where an appeal has been brought, until the decision the subject of the appeal is confirmed by the Court under section 22D, or (ii) where no appeal has been brought, until the decision is confirmed by the Court under section 22E, and (b) in a case where a decision has been made to impose a minor sanction— (i) where an appeal has been brought, until the decision the subject of the appeal is confirmed by the Court under section 22D, or (ii) where the period for bringing an appeal has expired and no appeal has been brought, until the expiry of that period.”.

Amendment of section 26 of Principal Act 22. Section 26 of the Principal Act is amended by— (a) the designation of that section as subsection (1), (b) in subsection (1), the insertion of “, other than functions under this section and sections 22A (other than subsection (6)) and 22B,” after “specified by the Commission”, and (c) the insertion of the following subsection: “(2) For the purposes of the performance of some or all of its functions under this Act, the functions of the Commission may, unless otherwise stated, be performed by a division of the Commission consisting of such uneven number of Commissioners, not being less than 3, as the Commission may determine.”.

Amendment of Schedule to Principal Act 23. The Schedule to the Principal Act is amended by— (a) the deletion of paragraph 11, and (b) the insertion of the following paragraphs after paragraph 21: “22. Dublin Port Company.

Section 26

Section 27

Amendment of section 3 of Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1992 24.

Section 3

of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1992 is amended— (a) in subsection (1), by the substitution of— (i) “a sum” for “an annual sum”, and (ii) “final settlement” for “full settlement”, and (b) by the substitution of the following subsection for subsection (2): “(2) An allowance shall be payable— (a) monthly in respect of periods for which the person concerned is paid an annual sum by way of salary under section 2 of the Act of 1938 (as amended by section 2 of this Act), or (b) in the case of expenses referred to in subsection (1) that are incurred on a once-off basis, in a lump sum.”.

Short title and commencement 25. (1) This Act may be cited as the Regulation of Lobbying and Oireachtas (Allowances to Members) (Amendment) Act 2023.

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