Lobbying and Legislating

Lobbying and Legislating: What’s New for the Public And Private Sectors Thursday, 30 April 2015

Welcome Edward Gleeson

Partner

Mason Hayes & Curran

The Regulation of Lobbying Act

Catherine Allen

Partner


Regulation of Lobbying Act 2015

• Lobbying activities

• Relevant communications

• Designated public official

• Relevant matters

4

Designated Public Officials

• Ministers of the Government & Ministers of State

• Members of Dáil / Seanad Éireann

• Members of the European Parliament (Irish constituencies)

• Members of local authorities

• Special advisers

• Public servants / office holders prescribed by Minister

=> NB definition of “public service body”

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Relevant matters

• Initiation, development or modification of any public policy

or programme

• The preparation or amendment of legislation

• The award of any grant, loan, other financial support,

licence or authorisation involving public funds

Excludes implementation matters or matters of a technical

nature

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Any exceptions?

Yes – section 5(5) lists 15 different “excepted communications”

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Lobbyists’ obligations

1. Register

2. Make returns x3 per year

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Regulation of Lobbying Act 2015

• Signed into law on 11 March, 2015

• Key dates:

• 1 May – launch of web-based register

• 1 September - commencement of the Act

• 21 January, 2016 – first return required

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Legislating: Process & Practicalities

Sabha Greene

Principal Officer, Company Law

Department of Jobs, Enterprise & Innovation

Legislation: Process & Practicalities

Sabha Greene

Department of Jobs, Enterprise & Innovation

Structure

• Main sources of legislation

• EU legislative process

• Preparation of a Bill

• Enactment process

Main sources of legislation: – Government

• Programme for Government (2011-2016) / Budget / Action Plan for Jobs / Troika Programme (2010-2013)

– Proposals from the European Commission – Recommendations from State Bodies & Advisory

Groups • Reports of the Competition & Consumer Protection

Commission • Company Law Review Group • High Level Group on Business Regulation

– Court judgments

EU Legislative Process

• Commission adopts Proposal for a Regulation / Directive

• Department / Oireachtas may open public consultation(s)

• Negotiations – Officials represent Ireland at Council’s Working Parties

(technical level) – Ambassadors at COREPER & Ministers at Council (political

levels)

• Council & European Parliament negotiate for final instrument

• Transposition into national law – usually 2 years

Preparation of a Bill

• Policy options – Public consultation

– Regulatory Impact Analysis

– Minister decides

• Department writes “Heads of a Bill” (aka General Scheme of a Bill)

• Government approves Heads and authorises drafting

• Parliamentary Counsel drafts the Bill

• Pre-Legislative Scrutiny by Oireachtas Committee

• Publication of the Bill

Enactment Process

• Five Stages in each House

• First & Fifth are formalities

• Second Stage = Formal speeches

• Third (Committee) & Fourth (Report) Stages = Amending stages

• Any amendments agreed in the second House must be reported back to the first House

• Chief Whip & Chief Clerk allocate Dáil & Seanad time respectively

Tips for influencing

• Timing

– Look ahead (Commission’s Work Programme, Departments’ websites, Green Papers, EU umbrella organisations)

– Participate in public consultations

• Propose alternatives

• Give supporting arguments

• Give sense of importance / rating

Getting Legislation Right

Niall Michel

Partner



• Introduction

• Two broad aspects:

• Overarching parameters & limitations

• Actual implementation of legislative drafting

• How we get it right


• Overarching parameters and limitations:

• Membership of EU and Supremacy of EU Law

• Bunreacht na hEireann – The Irish Constitution

• European Convention on Human Rights


• Membership of EU and Supremacy of EU Law

• Constitution and European Communities Act 1972

• Bound by laws and measures; have force of law in Ireland

• Cannot contravene by acting inconsistently

• Must transpose and implement correctly

• Trumps constitutional issues otherwise an obstacle

• Regulations under 1972 Act have statutory effect


• The Irish Constitution

• Oireachtas has sole and exclusive power to make laws

• Expressly sets out some laws that may not be enacted

• Provides for separation of powers

• Contains other provisions regarding principles, rights and

protections

• Particularly personal-, property-, and administration of

justice-related


• European Convention on Human Rights

• Signed and ratified – ECHR Act 2003

• Legislate and act compatibly

• Courts to interpret legislation compatibly if possible

• Declarations of incompatibility – Domestic; E Ct HR

• Particularly in Article 6 (right to fair trial) and Article 8 (right

to privacy and family life) areas


• Actual implementation of legislative drafting

• Done in context of

• Clear and established/authorised policy

• Existing law/laws/legal principles

• Give effect to policy

• Clearly and precisely in a way that promotes certainty

and effectiveness


• Coherently and internally consistently (order; layout; structure)

• Comprehensibly (using simple language, or language

appropriate to particular audience, including lawyers and courts)

• Using established words and phrases and noting Interpretation

Act 2005/principles of statutory interpretation


• Respecting overarching parameters and limitations of EU Law;

Constitution; ECHR, and particularly

• Avoiding unfair/unequal/discriminatory treatment

• Rationally and proportionately, including as regards

sanctions or penalties

• Ensuring right to privacy respected

• Ensuring fair hearing and determination of matters; fair

procedures; and rights of review and/or appeal


• Conclusion:

• awareness of 3 main sources of overarching parameters/

limitations; and

• awareness of best practice in implementation of legislative

drafting,

• ensures awareness of what is possible and achievable in

legislation, and how to achieve it validly and effectively

Q&A

Lobbying and Legislating

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