Oireachtas Joint and Select Committees

Thursday, 6 April 2017

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach

Public Sector Standards Bill 2015: Committee Stage

10:00 am

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

I suggest the Deputy goes back to section 35 in this regard. Section 35 lays out the circumstances in which a preliminary inquiry would take place. In the circumstances that the commissioner felt that he or she needed to initiate that step it is extremely likely that a preliminary inquiry would need to take place first. I draw the Deputy's attention to section 35(2). The breadth of what is required would mean that the person who is the subject of the inquiry would have to be informed of what is underway at the preliminary stage. This would allow the person to respond to the commissioner's concerns. I would argue that the preliminary inquiry stage would take care of the concern raised by Deputy D'Arcy.

I wish to tease out an additional point with the committee. I gave the example of where something might be in a public official's return that is not in the public arena but which could lead the commissioner to conduct a preliminary investigation or inquiry. What if, however, there is an issue that is not contained in the statement made by the public official to the commissioner? It should be entirely open to the commissioner to say that he or she has received a statement - that for example lays out an asset - and the commissioner has reason to believe that the statement is not accurate. This section provides that the commissioner would have the power to initiate an inquiry in that area.

Comments

No comments

Log in or join to post a public comment.