Kieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

I move amendment No. 14:

In page 16, to delete lines 10 to 13.

These amendments are linked and relate to the ethics framework which should apply to the special adviser to the mayor. As it stands, the Bill provides for a different ethics framework for the mayor than for the special adviser. The mayor is subject to the ethics framework in Part 15 of the Local Government Act 2001, while the special adviser is subject to the ethics framework under the Ethics in Public Office Act 1995. However, it is considered more appropriate and consistent that the same ethics framework contained in Part 15 of the 2001 Act apply to both. This was a recommendation of the independent advisory group report. The Standards in Public Office Commission, SIPO, has been consulted on the provisions in the Bill relating to the ethics framework and also recommended this approach. Therefore, amendment No. 14 proposes to delete the provision in section 19(8) of the Bill that provides for the mayor’s special adviser to be subject to the 1995 Act. The Bill provides that the mayor’s special adviser is deemed to be an employee of the council. Therefore, it is proposed to ensure that the special adviser is subject to Part 15 of the 2001 Act by way of a ministerial regulation under section 167(1)(b) of the 2001 Act. Section 167(1)(b) provides that:

“This Part applies to... an employee of a local authority who is of a class, description or grade prescribed by regulations made by the Minister for the purposes of this Part,”.

The other amendments in this group involve amendments to Schedule 3 of the Bill and relate to modifications to relevant provisions of Part 15 of the 2001 Act. Amendment No. 96 is a modification to section 166 of the 2001 Act. Section 166 contains definitions of terms used in this Part 15. This amendment inserts a definition for "special adviser" as being the special adviser appointed under section 19 of the Bill into section 166.

Amendment No. 97 is a modification to section 174(7) of the 2001 Act. Section 174 sets out the certain duties of the ethics registrar which include issuing a notice at the appropriate time each year to each member and employee, informing them of the requirement to complete the annual declaration under section 171. Subsection (7) deals with the situation where the ethics registrar becomes aware of a possible contravention of Part 15 of the Act; and imposes a duty to inform the current cathaoirleach and the chief executive, or both, depending on the person involved in the possible contravention. Modifications have already been made to section 174 in how this section will apply in Limerick having regard to the new roles of príomh-chomhairleoir or speaker of the house, mayor of Limerick and director general. This amendment proposes a further modification to subsection (7) to clarify that, in the case of the special adviser being involved in a possible contravention, the registrar would inform both the mayor and the director general.

Amendment No. 98 is a modification to section 179(2) and 179(3) of the 2001 Act. Section 179 sets out the disclosure requirements and the action to be taken by an employee of a local authority or a consultant employed by a local authority where a matter arises with which the local authority is dealing and in which they have a pecuniary or other beneficial interest. Such persons must disclose the interest to the chief executive - the director general in respect of Limerick - are prohibited from seeking to influence the local authority in its consideration of the matter and must take no part in such consideration. These ad hocdisclosures are recorded in the register of interests. This amendment proposes a modification to subsection (2) to clarify the disclosure requirements as they relate to the special adviser. The special adviser must disclose in writing, to both the mayor and the director general, the nature of the pecuniary or beneficial interest. The special adviser must follow any direction of the mayor, as the special adviser is accountable directly to the mayor in the performance of their functions. The modification to subsection (3) clarifies that the director general shall provide a copy of the disclosure to the ethics registrar for recording on the register of interests.

Amendments Nos. 99 and 100 relate to modifications to subsections (3) and (4) of section 180 of the 2001 Act. Section 180 empowers SIPO to use its powers under section 23 of the Ethics in Public Office Act 1995 to investigate a member or employee of a local authority or other person referred to in sections 167(1) or 167(2) of the 2001 Act and prepare a report. Subsection (3) deals with the situation where the commission has prepared a report and is furnishing it to a local authority, and sets out who it should be furnished to, either the cathaoirleach or the chief executive, depending on to whom the report relates. Modifications have already been made to section 180 in how this will apply in Limerick having regard to the new roles of príomh-chomhairleoir, the mayor of Limerick and the director general.

Amendment No. 99 proposes a further modification to subsection (3) to clarify that where a report relates to the special adviser, the report is furnished to the mayor and the director general. Amendment No. 100 proposes a further modification to subsection (4) to clarify that the mayor will decide on the appropriate action to be taken in all the circumstances and will notify the council accordingly. I trust members will understand the rationale behind these amendments and support them.