Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I move amendment No. 25:

In page 40, between lines 17 and 18, to insert the following:“(2) Before drawing up a model code of conduct under subsection (1), the Commissioner shall consult with such persons (or representatives of them) as, in the Commissioner’s opinion, having had regard to the degree to which those persons will be directly affected by the code, ought to be consulted.”.

This relates to some matters we discussed earlier. I am proposing amendment No. 25 to ensure that the new standards commissioner will be required to consult relevant stakeholders before drafting the model code of conduct for the guidance of public officials with regard to compliance with the provisions of the Bill, as required under this section.

Questions were put to me earlier in respect of ensuring that people who could be affected by the implementation of this code would be aware of it and would have an opportunity to input or to have their views known. We are going to put that on a statutory footing.

Amendment No. 26 relates to section 30(2). The purpose is to allow public bodies the flexibility to draw up and issue codes of conduct which, while taking into account the model code that will be issued by the new standards commissioner, are specifically relevant to the particular public body concerned.

Officials will be covered by this Act. Certain officials might have a particular role that requires a particular code of conduct. The purpose of the Act is not to provide a code of conduct for every job in the public service. It is to provide a relevant robust footing to issues raised by the Mahon tribunal. It is then up to other bodies to make the necessary provisions. If other bodies need to draw up a code of conduct that takes account of the requirements, they will be able to do so.

Amendment No. 27 is next. It would not be practical for each Department to draw up its own separate code. It is sensible that there is an appointed body to draft such a code for Members and for members of the Government. The purpose of the amendment is to include a new subsection in section 30 that would make it explicit that sectoral codes would be drawn up based on the model code. Moreover, any public body not covered by these sectoral codes will draw up its own code. For example, we propose that my Department would draw up a code for civil servants, including special advisers. The Department of Housing, Planning, Community and Local Government would draw up the relevant code for local authorities and elected members of local authorities.

Amendment No. 28 provides for a technical change to the Bill to take account of the nature and status of Oireachtas committees. This is because it would not be appropriate for the new standards commissioner to give a direction to an Oireachtas committee. The relevant power has been removed by this amendment. Among other things, Article 15.10 of the Constitution provides that each House shall make its own rules and Standing Orders with the power to attach penalties for the infringements.

Amendment No. 29 deals with a technical issue. The provision is to ensure that a procedure is in place for the new standards commissioner and for public bodies to amend or revoke codes of conduct and to issue replacement codes of conduct.

Amendment No. 30 is another technical change to section 30 to ensure that the obligation to consult stakeholders also relates to where a new replacement code is drawn up by the new standards commissioner.