lobbying and legislating
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What's new for the Public and Private SectorsTRANSCRIPT
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
Mason Hayes & Curran
Regulation of Lobbying Act 2015
• Lobbying activities
• Relevant communications
• Designated public official
• Relevant matters
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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
Mason Hayes & Curran
Getting Legislation Right
• Introduction
• Two broad aspects:
• Overarching parameters & limitations
• Actual implementation of legislative drafting
• How we get it right
Getting Legislation Right
• Overarching parameters and limitations:
• Membership of EU and Supremacy of EU Law
• Bunreacht na hEireann – The Irish Constitution
• European Convention on Human Rights
Getting Legislation Right
• 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
Getting Legislation Right
• 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
Getting Legislation Right
• 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
Getting Legislation Right
• 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
Getting Legislation Right
• 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
Getting Legislation Right
• 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
Getting Legislation Right
• 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