Regulation of Lobbying (Amendment) Act 2023 The purpose of the Regulation of Lobbying (Amendment) Act 2023 (the Act) is to amend the Regulation of Lobbying Act 2015 (the Act) to build on the existing strong legislative foundation and further strengthen Ireland’s lobbying laws to ensure that the regulation of lobbying framework remains up to date and fit for purpose. The Act provides for: the strengthening […]
Registration of Lobbying A lobbyist must be registered before carrying on lobbying activities unless it is the first time to lobby. In that case the registration and the return must be completed before the next return date. The Commission maintains a register of lobbyists. The Standards in Public Office Commission is Registrar. The information to be supplied when registering or in a return will be […]
2015 Act The purpose of the Registration of Lobbying Act 2015 is to provide for a register of lobbying to make information available to the public on the identity of those communicating on specific policy, legislative matters or prospective decisions with designated public officials. The Act allows for the development of a code of conduct by the Standards in Public Office Commission (Commission). It also […]
Ethics Legislation The Ethics in Public Office Act was enacted in 1995 following long-standing criticism about the lack of transparency in many aspects of public affairs. Conflicts of interest and questionable use of discretionary powers had been recently highlighted by the Beef Tribunal. The Prevention of Corruption legislation and the Ethics in Public Office legislation applies to elected members and the officers and the executives […]
Presumptions Relating to Corruption I If it is proved that a gift, consideration or advantage is given to an official by a person with an interest in the functions of the official, then it is presumed that it has been given and received corruptly as an inducement or reward for the official acting in relation to those functions. The presumption operates whether the gift etc. […]
Key Definitions “Corruptly includes acting with an improper purpose personally or by influencing another person, whether— by means of making a false or misleading statement, by means of withholding, concealing, altering or destroying a document or other information, or by other means; The definition is intended not to be exhaustive, but to allow for “corruptly” to be construed in the context of the terms which […]
Commission The Standards in Public Office Act 2001 establishes the Standards in Public Office Commission. It has power in relation to acts and omissions of persons in public life. Complaints may concern alleged acts or omissions which are inconsistent with the proper performance of the relevant functions. The intention was for the Commission to be chaired by a judge or former judge with four other […]
Ethical Framework. Part 15 of the Act sets out an ethical framework for local authorities, elected members, officers and employee. It replaces the existing provisions of the planning code in that regard and expands on the Ethics in Public Office Act. It imposes a duty on members and staff to maintain proper standards of conduct. It provides for issue of ministerial codes of guidance for […]
Procedural Aspects Where in proceedings, it is proved that a person has received a donation in excess of the amounts allowed under electoral law (whether general or local elections) and the person fails to disclose the donation to the Public Offices Commission or local authority and the donor had an interest in the person doing any act or making any omission in relation to his […]
Background The law on corruption has been modernised in recent years following the exposure of shortcomings. The Public Bodies Corrupt Practices Act 1889 criminalised bribery and corruption of and by members and officers of public bodies. It is an offence to corruptedly solicit or corruptedly give any benefit, gift or payment. Any person who shall by himself or in conjunction with another corruptedly solicit, receive […]