Functioning of Government (Miscellaneous Provisions) Act (Northern Ireland) 2021

Record of being lobbied

8.—(1) In the event of a Minister or special adviser being lobbied, the Minister or (as the case may be) special adviser must as soon as reasonably practicable provide their department with a written record of the lobbying; and the department must retain the record in accordance with its policy on the retention and disposal of records.

(2) In this section “being lobbied” means to receive personally a communication, either oral or written, on behalf of the person making the communication or another person or persons, relating to—

(a) the development, adoption or modification of any proposal of the department to seek, make or amend primary or subordinate legislation;

(b) the development, adoption or modification of any other policy of the department; or

(c) the making, giving or issuing by the department of, or the taking of any other steps by the department in relation to,—

(i) any contract or other agreement,

(ii) any grant or other financial assistance, or

(iii) any licence or other authorisation.

(3) For the purposes of subsection (2), it does not matter whether the communication occurs in or outwith the United Kingdom.

(4) Nothing in this section shall apply to a communication—

(a) made in proceedings of the Northern Ireland Assembly or the Executive Committee of the Assembly or any sub-committee of that Committee or any other committee or sub-committee of the Assembly,

(b) arising in the course of liaison with the Minister’s political party or members of the Assembly,

(c) made at a meeting attended by a person serving in the Northern Ireland Civil Service who is not a special adviser,

(d) received personally by a Minister or special adviser after having been first received and recorded by a person serving in the Northern Ireland Civil Service who is not a special adviser, or

(e) made to a Minister by a member of the public in their capacity as a member of the public, or in their capacity as a community representative, and relating to a matter in which the person making the communication has only the same interest as all other members of the public or all other members of a section of the public.