Material explaining each section in Part 4 of the Act is in greater detail below.
Regulation of Lobbying Act 2015,
Part IV
Enforcement
Section 18 Relevant contraventions
Explanatory Note
Section 18 defines the contraventions relevant to the Regulation of Lobbying Act 2015.
Section 18(a) establishes that carrying on lobbying activity without being registered is a
violation of the Act unless it is the first time to lobby and before the relevant date for filing a
return.
The Relevant Date:
This is 21 days after the last date of the relevant period.
The Relevant Period:
The relevant period is the next period in which returns must be filed. Registration of lobbying
activities will be required 3 times annually. The periods end on the last day of April,
September and December.
Section 18(b) provides that failure to make a return within the relevant period under section
12 where the registration is not marked as ceased lobbying is a contravention of the Act.
The Relevant Period:
The relevant period is the next period in which returns must be filed. Registration of lobbying
activities will be required 3 times annually. The periods end on the last day of April,
September and December.
Section 18(c) establishes that knowingly providing inaccurate or misleading information on
the return under section 12 or registration under section 8 is a contravention of the Act.
Section 18(d) provides that failing to comply with the request of an authorised officer
carrying out an investigation under section 19(4) is a contravention of the Act.
Request of an Authorised Officer
An authorised Officer when carrying out an investigation may require:(a)
(b)
a person to provide an explaination or information;
a person provide documentation or anthing else the person has access to or control
of;
(c)
a person to answer questions and affirm the truth of the answers;
(d)
enter and search a premises with the consent of the occupier or on foot of a warrant
(accompanied by a Garda if necessary);
(e)
examine, take copies of or extracts from documentation or other thing as in
subsection (b) or that is found in a search under subsection (d);
(f)
require legible forms of any documents produced or found where the documentation
is not in legible form;
(g)
require the person to provide any assistance including facilities;
where the request in relation to (a) to (g) above is reasonable in order to carry out the
investionation.
Section 18(e) provides that obstructing or preventing an authorised officer carrying out an
investigation under section 19 is a contravention.
Section 19 Power to carry on investigations
Explanatory Note
Section 19(1)
Purpose of provision
Section 19(1) provides the Commission with the power to authorise an investigation to be
carried out.
Section 19(2)
Section 19(2) provides the Commission with the power to appoint Authorised Officers to
carry out the investigation on its behalf.
Section 19(3)
Section 19(3) provides that the Authorised Officers will be provided with authorisation which
they will produce (the original or a copy of it) if requested by the person who is subject of the
investigation along with identification.
Section 19(4)
Section 19(4) provides that an authorised Officer when carrying out an investigation may
require:(h)
(i)
(j)
(k)
(l)
(m)
(n)
a person to provide an explaination or information;
a person provide documentation or anthing else the person is access to or control of;
a person to answer questions and affirm the truth of the answers;
enter and search a premises with the consent of the occupier or on foot of a warrant
(accompanied by a Garda if necessary);
examine, take copies of or extracts from documentation or other thing as in
subsection (b) or that is found in a search under subsection (d);
require legible forms of any documents produced or found where the documentation
is not in legible form;
require the person to provide any assistance including facilities;
where the request in relation to (a) to (g) above is reasonable in order to carry out the
investionation. Any information that is in the Authorised Officer’s possession will remain
confidential unless this Act requires its publication.
Section 19(5)
Section 19(5) provides that an authorised officer to enter a premises with the consent of the
occupier or in accordance with a warrant issued by a District Court Judge under section
19(6).
Section 19(6)
Section 19(6) provides that a District Court judge may decide on foot of sworn information
that there is reasonable grounds that the authorised office requires access to a document,
premise or any other thing and may issue a warrant allowing a named person to access the
information by entering and searching a premises where the judge believes there is
reasonable grounds for doing so. The warrant state the name of the person and the times it
can be used within on month from the date of its issue and provide that the names person may
use reasonable force in implementing the powers granted under the warrant.
Section 19(7)
Section 19(7) provides for the authorised officer to be accompanied by a member of the
Garda Síochána or other persons as the authorised person considers necessary and the warrant
provides for.
Section 19(8)
Section 19(8) provides for the authorised officer with the approval of the Commission to
make interim reports to the Commission while carryin out the investigation.
Section 19(9)
Section 19(9) provides for the authorised officer to give the copies of the report to both the
Commission and the person under investigation as soon as possible investigation. The report
will provide the findings, conclusions and the reasons for reaching the findings.
Section 19(10)
Section 19(10) provides that any statement made by a person under investigation will not be
admissible in evidence in proceedings that are brought against the person for any offence
unless it is an offence under this Act.
Section 19(11)
Section 19(11) provides that there is no prejudice on the person’s lien on any document or
other thing produced.
Section 19(12)
Section 19(12) provides that where the person would not be required to provide information
or produce a document on legal professional privilege grounds then nothing in this Act will
require the information or document to be provided to the authorised officer.
Section 19(13)
Section 19(12) provides that the authorised officer will not divulge any information obtained
in an investigation other that in a report of the investigation.
Section 19(14)
Section 19(4) provides for the meaning of premises. Premises includes vessel, aircraft,
vehicle and any othe means of transport, and includes land any any other fixed or moveable
structure.
Section 20 Offences
Explanatory Note
Section 20(1)
Section 20(1) provides that lobbyists who file a return after the relevant date are guilty of an
offence and liable on summary conviction to class C fine.
Class C Fine
The Fines Act 2010 defines a class C fine as a fine not exceeding €2,500 (section 3).
The Relevant Date:
This is 21 days after the last date of the relevant period.
The Relevant Period:
The relevant period is the next period in which returns must be filed. Registration of lobbying
activities will be required 3 times annually. The periods end on the last day of April,
September and December.
Section 20(2)
Section 20(2) provides that a lobbyists who is guilty of an offence other than late filing of a
return is liable on summary conviction to class C fine or if convicted on indictment to a fine
or imprisonment or both. Any term of imprisonment cannot exceed 2 years.
Class C Fine
The Fines Act 2010 defines a class C fine as a fine not exceeding €2,500 (section 3).
Section 20(3)
Section 20(3) is a standard provision which specifies that where proof is available that all
reasonable steps have been taken to avoid committing the offence, this will be accepted as a
defence.
Where an offences provision exists in other jurisdictions they specify that the offence must be
knowlingly made, therefore, they do not include proving that all possible steps were taken to
prevent causing an offence as a defence.
Section 20(4)
Section 20(4) provides that the Commission may bring and prosecute offences for summary
convictions.
Section 20(5)
Section 20(5) provides that proceedings for an offence under subsection (1) may be started
witin 12 months of the date of the offence despite the Petty Sessions (Ireland) Act 1851
which provides that it should be six months (section 10(4)).
Section 20(6)
Section 20(6) is a standard provision which specifies that where the offence is committed by
a corporate body with the knowledge or involvement of any person who was, or claimed to
be, an officer in the body particularly at manager, director or secretary level both the person
and the body are guilty of the offence and are liable to be prosecuted.
Section 20(7)
Section 20(7) provides that where the members of a corporate body manage the body; those
in positions of mangement will be liable for prosecution as if they were the manager in line
with subsection (6).
Section 20(8)
Section 20(8) provides for the costs and expenses as calculated by the Court and incurred by
the Commission for the investigation, discovery and prosecution of the offence to be paid by
those convicted of the offence.
Section 21 Fixed payment
Explanatory Note
Section 21(1)
Section 21(1) establishes that the Commission may serve fixed payment notices where an
offence has been committed in relation to the late filing of returns.
Subsection 21(2
Subsection 21(2) provides for the details that are to be included on the fixed payments notice.
It establishes that the form will include:(i).
(ii).
(iii).
the name of the person believed to have filed a return after the relevant date,
a statement saying it is not obligatory to pay the fine,
a notification that Court proceedings will not be initiated where the fine is paid to the
Commission accompanied by the fixed penalty notice by the date of payment as
detailed on the form.
The Relevant Date:
This is 21 days after the last date of the relevant period.
The Relevant Period:
The relevant period is the next period in which returns must be filed. Registration of lobbying
activities will be required 3 times annually. The periods end on the last day of April,
September and December.
Subsection 21(3)
Subsection 21(3) provides that the fixed payment notice is considered to be served where the
notice is left at or posted to the address as shown on the register. This address may be the
business address or private address if no business address exists on the register.
Subsection 21(4)
Subsection 21(4) provides that a fixed payment notice will state the amount of the payment
(€200).