Is communication between a political party and its elected representatives (DPOs) lobbying?

Political parties play an important role in policy development, working with their members – including elected members – to develop or refine party policy. It is important that political parties are able to consider and develop policy and program platforms in consultation with their membership. This will often entail a degree of internal consultation regarding what would be considered “relevant matters” under the Act. Where a political party is communicating with its elected representatives (DPOs) regarding a relevant matter, the communication could, therefore, be captured by the definition of a lobbying activity. A ‘political party’ means a political party registered in the Register of Political Parties in accordance with section 25 of the Electoral Act 1992.

A new exemption has been added in the Regulation of Lobbying and Oireachtas (Allowances to Members) (Amendment) Act 2023. Section 5(5)(p) provides that communications by a political party to its members who are designated public officials and which are made exclusively as members of the political party concerned are exempt under the Act.

Therefore, where a political party communicates with its elected representatives (DPOs) in their capacity as members of the party and/or their position as party spokespersons with regard to the initiation, development or modification of any public policy or programme or in relation to the preparation or amendment of an enactment, it will not be regarded as a lobbying activity.