Submission on Regulation of Lobbyists
February 2012
The Alzheimer Society of Ireland
Submission on Regulation of Lobbyists Feb 2012
1.
Overview
The Alzheimer Society of Ireland (ASI) is the leading dementia specific service provider in Ireland
with a national network of 126 services, 900 staff and 300 volunteers. Founded in 1982 by a small
group of carers, today it is a national voluntary organisation with charitable status (CHY 7868) and
an extensive network of branches, regional offices and services.
Our services include Day Care Centres, Overnight respite, Home Care, Support & Social Groups,
Family Carer Training and our Confidential National Helpline. These all help us to provide people
with all forms of dementia, their families and carers with information and support to maximise their
quality of life.
Core Values
The Society has identified three core values that underpin all that we do:
1. Person-centred care - placing the person at the centre of everything that we do
2. Rights-based - promoting the rights of the person with dementia, their carer and family
3. Dementia-specific - focusing exclusively on dementia to ensure dedicated
Our Mission
To meet the needs of all people with Alzheimer’s / dementia and their carers.
Our Vision
An Ireland where no one goes through dementia alone, where policies and services respond
appropriately to the person with dementia, and their carers, at the times they need support.
We are here to help
The Alzheimer Society of Ireland operates a network of 22 branches, 6 regional offices and
community based dementia services including:
• Dementia Specific Day Care
• Home Care
• Carer Support Groups
• Dementia Specific Respite Care
• Information and Advice
• Social Clubs (pilot)
• Personal Advocacy Service (pilot)
• The National Alzheimer Helpline 1800 341 341
What we do
The role of The Alzheimer Society of Ireland is:
• To support individuals, carers and families living with dementia, through their journey from
early intervention to diagnosis and beyond
• To provide quality, dementia-specific care
• To raise public awareness regarding Alzheimer’s and provide information to those who
need it
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The Alzheimer Society of Ireland
Submission on Regulation of Lobbyists Feb 2012
•
•
•
To campaign for better statutory services, including specialist services for younger people
with dementia
To represent the views, needs and concerns of all affected by dementia – to give people
with dementia a voice and means of representing their views to key decision-makers
To influence public policy in regard to care and support services.
We advocate for change
The Alzheimer Society of Ireland represents the interests of people living with dementia and their
families to all levels of government as well as health care and long-term care providers. Key to the
ASI’s work is ensuring the effective representation of the voice of the person with dementia, their
families and carers in decision-making regarding policy and practice developments, service
provision and funding, allocation of resources and advancements around early detection and
interventions in particular for people with Alzehimer’s.
Last year represented a pivotal moment for the 44,000 people living with dementia and their
50,000 carers when the Government announced its commitment, under the Programme for
Government, to the development of a National Dementia Strategy to be published by 2013.
2.
Views on the regulation of lobbyists
It is the ASI’s view that a statutory register of lobbyists is a key means by which the transparency
and openness of political advocacy and lobbying can be supported and further developed in
Ireland. On this point, the ASI supports the Government’s current consultation and planned
legislative approach in this area.
The ASI believes that there are a number of key considerations, relating to the NGO sector in
particular, which warrant further consideration as the proposed legislation is drafted and would
welcome further clarity on these areas.
The following brief will consider, by theme as outlined in the consultation paper, the questions
posed by the Government. It should be noted that responses will only be provided to the most
relevant key principles as they relate to the work of the ASI.
Key areas of interest for the ASI include:
• Ensuring the establishment of processes and structures to support ongoing access by
NGOs to elected officials and decision-makers to enable them represent the views and
needs of their client base and act as agents of positive change in the public benefit
•
Clarity regarding the specific operation of any proposed register including measures to
avoid any unintended impact on a charity’s CHY status as a result of their inclusion on the
proposed register
•
Preventing any undue administrative or financial burden on NGOs as a result of their
inclusion in the proposed register
•
Ensuring equity of access to elected officials and decision makers across the private, public
and third sectors to enable effective stakeholder representation, political advocacy and
active political engagement by NGOs on behalf of their client base.
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The Alzheimer Society of Ireland
Submission on Regulation of Lobbyists Feb 2012
Key principle 1: Countries should provide a level playing field by granting all stakeholders fair and
equitable access to the development and implementation of public policies.
As an organisation firmly committed to inclusive and meaningful consultation with its stakeholders,
including - as a primary group – people with dementia and their carers, the ASI calls on the
Government to ensure that any legislation introduced in the area of lobbying does not seek to limit
or restrict access to key elected officials and decision-makers but rather, enables equity of access
for all relevant groups in civic society and among the NGO sector.
The ASI does not engage in lobbying as such but has among its primary objectives advocacy for
positive change for people with dementia and their families. This is in keeping with our founding
principles and is a vital aspect to our work. Any restriction to this area of work which would diminish
our ability to facilitate the voice and effective representation of those who experience and are
affected by dementia would be unwelcome and would, we believe, go against the OECD principles
outlined by the Government.
As a fundamental principle, a clear path to sharing information, seeking input and providing advice
to elected officials, is required. The ASI envisages that this pathway of access can be supported by
an appropriate regulatory regime and associated legislation.
Key principle 2: Rules and guidelines on lobbying should address governance concerns related to
lobbying practices, and respect the socio-political and administrative contexts.
The democratic make-up and political structures of Ireland represent a specific challenge in this
regard. By virtue of its size and the structure of its parliament, the general public have a high level
of direct access to elected officials and key decision-makers. The ASI believes this is an important
channel for civic engagement and active citizenship.
It is the ASI’s view that neither legislation nor regulation should seek to limit the ease of access to
elected officials and/or decision-makers but should seek to increase transparency around these
processes.
On review, the current EU system of regulation in this area would appear both proportionate and
effective. The ASI suggest this model should be considered in greater detail as the drafting of
legislation progresses. Under the EU system, in addition to the inclusion of lobbyists on the
register, details regarding other associated commercial entities (for example, legal, administrative,
financial, operational) are required to disclose their involvement in lobbying activity.
It is the ASI’s view that any Irish register should also require the listing of associated commercial
bodies and not only those involved directly in lobbying, public affairs or political advocacy.
With regard to the implementation of a register, it is the ASI’s view that every possible step should
be taken to ensure that there is no undue administrative burden associated with registration. For
NGO’s in particular, further clarity, before legislation progresses, is required around internal
administrative processes, the exemption of NGO’s from the payment of any fees associated with
registration and the ease with which the register can be accessed and updated.
Further key questions for NGOs include:
•
•
the means by which one operational “arm” of an organisation may be registered (for
example, in cases where only one of the organisation’s functions is involved in political
advocacy) and;
the boundaries between the political advocacy work of paid staff versus volunteers (the
latter of whom would not be appropriate to include in a register).
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The Alzheimer Society of Ireland
Submission on Regulation of Lobbyists Feb 2012
The ASI would request that further detail be provided on these and other issues relating to NGO
operations ahead of the drafting of the Heads of Bill.
Key principle 4: Countries should clearly define the terms “lobbying” and “lobbyist” when they
consider or develop rules and guidelines on lobbying.
The ASI would ask that these terms be clearly defined and presented for further consultation in
advance of the progression of legislative drafting. As an organisation that works within a robust and
clearly defined corporate governance structure, the ASI advocates that the process of lobbying,
and those engaged in this area of work, be required to adhere to the highest ethical, professional
and legal standards.
On initial view, the ASI feels that political advocacy may be classed as an indirect form of lobbying
and as such, should be captured on the proposed register. With regard to the term “lobbyist” clarity
is required as to whether this refers to the organisation as a whole, members of paid staff (who
work primarily in this capacity on behalf of the organisation) and/or external consultants contracted
by an organisation to provide lobbying services.
Of key concern to the ASI is the link between lobbying activity and the CHY designation. The ASI
requests that clarity be provided on any potential impact on an organisation’s CHY status by
registering.
Key principle 5: Countries should provide an adequate degree of transparency to ensure that
public officials, citizens and businesses can obtain sufficient information on lobbying activities.
Key principle 6: Countries should enable stakeholders – including civil society organisations,
businesses, the media and the general public – to scrutinise lobbying activities.
It is the ASI’s view that there should also be transparency and ease of access to information
regarding those lobbied – both sides of the advocacy and decision-making process should be
accurately reflected in any statutory or legislative provision.
Further clarity around the precise nature of what may be classed as “sufficient information” is also
required in advance of legislative drafting, to ensure that all reasonable steps are taken to protect
both the general public interest and the ability of third-sector organisations to represent the public
benefit to elected officials and key decision makers.
Key principle 7: Countries should foster a culture of integrity in public organisations and decision
making by providing clear rules and guidelines of conduct for public officials.
It is the ASI’s view that the proposed “cooling off” period proposed by the Government’s
consultation paper (whereby no senior public servant (including political appointees) or Minister
can work in the private sector in any area involving a potential conflict of interest with their former
area of public employment, until at least two years have elapsed after they have left) is sufficient
and appropriate.
In keeping with both the spirit and the letter of this provision, every reasonable step should be
taken to ensure that no elected official or senior decision maker should profit from the information
gleaned during a role previously held.
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The Alzheimer Society of Ireland
Submission on Regulation of Lobbyists Feb 2012
The proposed “cooling off” period is a practical means by which even the appearance of
impropriety or conflict of interest may be avoided. Such a provision does not preclude any
individual from involvement in gainful employment (even in a lobbying role) in an area in which they
were not directly involved while working for or on behalf of Government and as such, is not an
undue restriction.
Key principle 8: Lobbyists should comply with standards of professionalism and transparency; they
share responsibility for fostering a culture of transparency and integrity in lobbying.
Many professional organisations in the area of public relations and public affairs, among them the
Public Relations Institute of Ireland, have a clear code of professional conduct (based on wider EU
requirements in this regard) to which members must adhere.
It is the ASI’s view that those engaged in lobbying/political advocacy or related work should be
required to adhere to similar codes of professional conduct with appropriate sanctions in place for
any proven violation of such a code.
Key principle 10: Countries should review the functioning of their rules and guidelines related to
lobbying on a periodic basis and make necessary adjustments in light of experience.
The ASI supports the regular review of the impact of any legislative or regulatory provision in this
area with consultation and input from all sectors involved and would suggest a review after a
period of one year and every three years thereafter.
Any such review and consultation mechanism should, in the view of the ASI, reflect on and seek to
rectify as an immediate priority any resultant negative impact on access to elected officials or the
ability of third-sector organisations to effectively represent the voice of their client-base and
advocate for change on their behalf. The ASI also asserts that any legislation in this area should
clearly outline the review and appeals mechanism for decisions made pursuant to that legislation.
For further information on this submission, please contact Caroline Collins, Public Affairs
Manager, The Alzheimer Society of Ireland ([email protected])
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