How Irish Policymaking System Works and How to

How Irish Policymaking System Works and How to Influence It! Pat Montague, Change Advocate, Strategist and Capacity Builder, Fórsa Trade Union BCO Training, March 2021.

Connecting l Twitter handle ¡@patmontague l Email address ¡pat@montaguecomms. ie l Website ¡www. montaguecomms. ie

Power to the People l Irish Constitution – Bunreacht na hÉireann – adopted in 1937 l Constitution gives sovereignty to people who elect Oireachtas – Dáil, Seanad and President l Oireachtas legislates – makes laws l Since Independence, Government has largely initiated laws – has been changing somewhat l Ministers largely responsible for legislating in own areas

Dáil Éireann l 160 TDs or deputies – they deputise on behalf of the people l Elected at general election or by-elections l At least every five years – most recent in February 2020 l Represent 39 constituencies – based largely on counties l Multi-seat constituencies – three to five members

Dáil’s Functions l Elect a Ceann Comhairle, Taoiseach and Government l Pass the Budget l Enact legislation l Reality is until recently all legislation initiated by Government – Private Members Bills only proceeded if taken up by Government l Can overrule the Seanad – because elected by the people

Seanad’s Functions l Elected after Dáil election l 60 members – 11 appointed by Taoiseach l Others elected by Oireachtas members, councillors and some university graduates l Less powerful than Dáil – takes a second look at laws l Can be good venue to raise issues l Has limited role in financial matters – recommend not amend

President l Largely ceremonial role l Limited powers l Unlike US or France – more like constitutional monarch l Seen as important national symbol l Role revived by Mary Robinson and her successors l Elected by people every seven years – if more than one nomination l Oireachtas and councils can nominate

Ireland’s Electoral System l PR STV – single-transferable vote version of PR l Chosen in 19 th century because of Home Rule – designed to protect Unionists l Ireland Malta only countries with this system l Multi-seat constituencies – three to five l Ordinal ballot structure – choice over how many candidates can be supported l Electoral formula – based on quota l Proportional system – fairness l Allows for constituency representation l Electors have more choice and a greater chance of influencing outcomes

Political Consequences l Multi-seat constituencies – TDs and Councillors under pressure from own party and others l Good local service vital l Those who ignore constituencies can lose seats – including Ministers l Irish politics very localised – TDs and Councillors focus on own area and their brief l Less time for legislation and bigger picture issues

The Government l 15 members of cabinet – head up 19 departments l Currently 20 Ministers of State – junior ministers l 3 Super Juniors attend Cabinet but can’t vote l Cabinet usually meets once a week – 10 am on Tuesday mornings l Initiate and drive legislation – key focus for decision-making l Decisions based on memoranda l Discussions are confidential

Civil Servants or Ministers l Formal political responsibility lies with Ministers l Day-to-day matters dealt with by civil/public servants – very like British system l Tasked with advising, preparing policy/legislation and implementing decisions l Act as filters on policy matters l Can also be key decision makers – more with some Ministers than others l Important role can be played by Ministers of State too

Government Very Secretive l l Oireachtas open to scrutiny Government is not Cabinet confidentiality Introduced Freedom of Information in 1990 s l Had been reduced – last Government strengthened it again l Much policy-making done behind closed doors or in side meetings l Finance Bill – many changes seem to emerge from nowhere

Evolving System l Significant changes in operation of Government since 1990 s l Ongoing coalition governments eager to keep cohesion l Avoid rows encountered by Albert Reynolds l Memoranda circulated at draft stage l Key policy issues signed off by Leaders and relevant Ministers l Key role for Programme Managers and Advisors l Office of Tánaiste has been reinstated l Green Leader has office in Dept of Taoiseach l Act as political buffers and drivers of change

Role of Parliament l In most European countries seen to have secondary role l Changing face of Irish electoral politics since 1980 s means bigger role for Parliament l Big parties dependent on independents and smaller coalition parties – input into policy l Government backbenchers can play important role in providing access and input l Delegations and parliamentary party meetings l Use of clinic cases

Accountability and Debate l Parliamentary Questions – hold ministers to account l Answers prepared by civil servants l Priority, oral or written l Debates on issues of current concern l Motions – express a view on a matter but not binding l Adjournment debates

Stronger Role l Part of agreement for last Government was stronger Dáil l More consultation and discussion l Stronger powers: ¡ Management of own Business; ¡ Stronger Office of Parliamentary Legal Advisor; ¡ Pre and post legislative scrutiny by Committees; ¡ Scrutiny of Budgets – Parliamentary Budget Office; ¡ Resources for Committees and members; ¡ Changes to rules on groups.

Development of Parliamentary Committees l Effective committees relatively new development l 23 Oireachtas Committees – powers being enhanced and more resources l Chairs are powerful positions – consolation prizes l Scrutinise ministers (and others) and review all legislation – Committee Stage l Can hold hearings on issues – platforms to raise important points l Nature of debate less confrontational, more collegiate – Ministers open to amendments l Shortage of expert research support leaves need for outside advice and expertise

Local Authorities l 31 councils around the country for 26 counties l Elected for new five-year term last year l Responsible (ish) for: ¡ Housing; ¡ Roads/traffic; ¡ Planning; ¡ Waste; ¡ Recreation; ¡ Environmental protection; ¡ Economic and community development.

Weakened Sector l Weakest local government in Europe l Other countries LAs look after education, health and social care l More power with executive rather than members – past abuse l Employment of staff, planning permission, housing allocation, contracts are executive roles l Other roles with Councillors l Since abolition of rates in 1977 most LA funding comes from central government – weakens its hand l Apart from LPT, commercial rates and development levies l Councils meet once a month – evening time or afternoon l Most work done through area committees and SPCs – allow for community involvement

What is Lobbying? l Engaging with politicians and unelected officials l In the lobby of parliament or chamber l There are limits on what is up for grabs l Vast bulk of Budget based on last year’s Budget l Financial constraints – EU Budget Rules l More and more competing interests – becoming increasingly professionalised l Varying degrees of power – members, ideology, personal relations

Regulation of Lobbying l Regulation of Lobbying Act came into force in 2015 l Three Step Test -www. lobbying. ie ¡ Are people being paid to lobby for organisation – employees or consultants ¡ Relevant matter – policy, law, funding ¡ Communicating with DPOs l If so, have to register – board decision l Make returns three times a year

Accessible Playing Pitch • Ireland’s political system very localised – multi-seat constituencies • Most TDs and Councillors live in constituencies – hold clinics or attend meetings of local groups • What's happening in local areas is extremely important • Irish political system relatively accessible – many points of access • For example TDs often put down PQs in response to local representations • Your case needs to be communicated ‘on the ground’ • Will make more impact than national representations on their own

Not a Level Playing Pitch l Very competitive environment – ltd resources l Some groups have more access and influence l Many policymakers (civil servants) challenge advocacy role of NGOs – funding constraints l Key impact criterion – political power ¡ Social partners ¡ Significant commercial interests ¡ Supporters of political process l However, policymakers well-disposed to service providing organisations with national/local reach l Very conscious of an organisation’s ‘mandate’ and extent to which they are ‘connected’ l Many examples of groups with limited power punching above their weight – CF sufferers l Effective representation is the key

Persuade not Threaten l Ireland is a small country where everyone knows everyone else l Politics tends to work on consensual basis not ‘us and them’ – persuade across political spectrum l Fórsa not only one lobbying and campaigning l Multiple demands on elected reps – housing and health l Need to persuade them on your issues l Don't use threats, may work once – destroys relationships l Can lead to adverse reaction – policy makers ‘dig in’ l High risk approach l If politicians deliver – even if only in part – they expect acknowledgement not a slap l You have strong case to make – do it!

Communicating with Politicians l Meet politicians face-to-face – visit their clinics or offices (post COVID restrictions) l Next best alternative is to call them by Zoom – still got facial contact l Contact all relevant Oireachtas or Council members – give them an equal chance to support l Keep in contact with them afterwards l Provide them with updates l Seek their support l Remember to thank them for their time and attention – courtesy is a long-term investment

Advance Preparation l Nobody’s expecting you to be an expert on the economy l They are interested in how you are doing – you are one of their constituents l Give practical examples of the impact issues facing you is having particularly on their constituents! l Tell stories – forget about stats! l Think in advance about how providing better public services benefits everybody

Involve Wider Community l Brief family, friends and concerned community on issues l Get them to raise it on the doorsteps l Distribute information, leaflets – stalls in local towns l Ask them to lobby their politicians l Write letters to local papers l Participate in radio phone-in shows