knowledge 27 January 2025 |

Regulation of Lobbying Act 2015: 180 new designated public officials prescribed

These public service bodies include the National Transport Authority, Transport Infrastructure Ireland, Central Bank of Ireland, Competition & Consumer Protection Commission, Sea-Fisheries Protection Authority, Electoral Commission, Coimisiún na Meán and the Corporate Enforcement Authority.¹ This implements a Programme for Government commitment to enhance transparency by expanding the scope of lobbying to include senior officials in public bodies, which have significant policy making or development functions.

Lobbyists should familiarise themselves with the new DPOs as certain communications with them will now constitute lobbying and thereby trigger the obligation to make a lobbying return. In addition, lobbyists should be aware that these DPOs will be subject to certain cooling-off period obligations. In particular, they may not be employed by, or provide services to, a person carrying on certain lobbying activities during a period of one year commencing on when the person ceases to be a DPO except with the prior consent of SIPO.

What DPOs need to know

• Guidance from the lobbying regulator, the Standards in Public Office Commission (“SIPO”), emphasises that lobbying forms part of the democratic process and accordingly meeting with lobbyists is a legitimate part of a DPO’s role and is an important element of policy development. 

• While the obligation to register and submit lobbying returns rests with the person lobbying, a DPO should maintain proper records of potential lobbying communications to ensure that the information on the returns register is correct. The information contained in a return, while generally high level, may prompt queries or FOI requests regarding the communication and therefore it is worthwhile checking the register after every return period (in January, May, and September) and exercising your right to seek correction of any inaccurate or misleading information as required.

• DPOs’ names will appear on the register as a result of lobbying communication. This does not imply agreement with or acceptance of the views of the person lobbying.

• SIPO recommends that DPOs should be proactive in advising possible lobbyists when attending a meeting, participating in a conference call etc. of their status as a DPO. This may be particularly useful in meetings where there are large numbers of officials present and the identity and grade of each official may not be known to those outside of the public service. Other means of being proactive would be for the DPO to identify as such in their email signature block.

• The Act requires each public body with DPOs prescribed to publish on its website, an up-to-date list showing the name, (where relevant) grade and brief details of the role and responsibilities of each DPO prescribed for the body. In this respect, SIPO requests public bodies to:
  • create a dedicated page entitled “Regulation of Lobbying” in the “About Us” section of their website 
  • include a link to www.lobbying.ie  
  • provide SIPO with the URL of the page so that a link can be included on the online repository of DPOs
  • nominate a liaison person responsible for maintaining and updating the webpage and with whom SIPO may liaise regarding the body’s DPOs

• The Act provides a cooling-off period for certain DPOs (being Ministers, special advisors and prescribed public servants), the purpose of which is to manage the potential for conflicts of interest between the public and private sectors, and to place restrictions on the so-called “revolving door”. Accordingly, certain DPOs cannot (1) carry on certain lobbying activities or (2) be employed by, or provide services to, a person carrying on such lobbying activities during a period of one year commencing on when the person ceases to be a DPO except with the prior consent of SIPO.

• Breach of the cooling-off period can result in a “minor” or “major” sanction. Minor sanction means advice, a reprimand, a caution or a combination of these. In contrast, a major sanction means a financial sanction up to €25,000 or the prohibition on the person from registering on the Register for a period of up to 2 years, or a combination of both.  

• Each public service body must inform, in writing, these DPOs of their cooling-off period obligations, when taking up such employment and when leaving.   In addition, as soon as practicable after a public service body becomes aware that such a DPO will be leaving, it must notify SIPO of:
  • the official’s name, postal and email address
  • the grade or rank of the official
  • the date on which the official took up employment
  • the date on which the official will leave or left

For further information on the Act, see our previous briefings here.