Mr. Justice Daniel O'Keeffe:

On behalf of SIPO, we welcome the opportunity to make a formal submission setting out the commission's views on the draft general scheme of a public sector standards Bill. We also welcome the opportunity to address members, answer any questions they may have and contribute to the debate on the matter. The commission welcomes the publication of the draft general scheme.

The proposals represent a significant step on the road to realisation of a major recommendation first made by the commission in its annual report for 2009 for a single comprehensive Act based on best practice for dealing with conflicts of interests, which would consolidate the provisions of the ethics Acts with other statutory and administrative ethics frameworks, such as the ethical framework for the local government service and the code of practice for the governance of State bodies.

Since the passage of the Ethics in Public Office Act 1995, the commission and its predecessor, the Public Offices Commission, have overseen the implementation of the ethics legislation. In that time, it has made numerous recommendations for improvement of the ethical framework, many of which are reflected in the draft general scheme. Not least of these recommendations is the requirement that the legislation be consolidated and that a clear set of principles be established which apply to all in public life.

The commission considers that a strong ethical framework should be aspirational in nature. The structure underpinning the statute should have a strong promotional role and not just be engaged in detecting non-compliance. The statutory framework should codify public service values and principles, use these as the basis of a statutory code of conduct and provide clear guidance and training. These provisions should form the centre of the framework. Such values and principles would include the requirements that public officials act solely in the public interest, act fairly and impartially, are accountable for their actions and show leadership by acting in accordance with the highest standards and promoting these standards to other public officials by their conduct.

The draft general scheme gives centre stage to conflicts of interest, which formed the basis of the Ethics in Public Office Act 1995. However, other aspects of behaviour such as the requirements on public officials to have respect for equality of opportunity, to perform their functions openly and transparently to the greatest extent possible and to avoid the misuse of public resources also need to feature, in the context of the fundamental obligation of public officials to act ethically in the public interest, which must be emphasised to be of the highest priority.

The commission therefore considers that the general scheme should be reordered to emphasise the high standards of conduct and integrity which are expected of public officials, along with the provisions regarding the codes of conduct and that other provisions setting out specific obligations should follow. These include the obligations for disclosure of interests, tax clearance, use of confidential information and dealings with land.

The commission has provided a document setting out in detail its observations on the draft general scheme and has made recommendations for improvements. The commission has also provided that document to the Minister for Public Expenditure and Reform. In particular, the commission considers that the structure and procedure proposed for investigation of contraventions is over elaborate and unnecessary. It considers that, given its experience of dealing with complaints under the ethics Acts, the investigative function should be provided within a single organisation without the need for an external structure.

The standards commission notes the proposal in the draft general scheme for its replacement by a single officeholder, the public sector standards commissioner. It considers that there is some merit in the proposal. However, it also considers that there has been merit in the existing approach. The wide range of experience brought to the commission by its current and former members, namely, former High Court judges, the Comptroller and Auditor General, the Ombudsman, the Clerks of the Dáil and Seanad and former Oireachtas Members and Ministers, has been of great benefit to the commission in performing its functions under the ethics Acts. The commission is of the opinion that careful consideration should be given to this proposal. The current structure of the commission and the implementation of its statutory powers have indicated the established ability for the commission to perform its functions in an open and transparent manner covering a wide range of issues. Appropriate legislative amendments, where necessary, could be made while substantially retaining the current structure of the commission.

Before concluding, I wish to put on the record some comments of Mr. Justice Hedigan, a High Court judge, on the composition of the membership of the commission. In reference to determining a particular interest he stated:

...it is hard to imagine a body more qualified than the Commission. It is an ideal composition of experience, both legal, popular and political. It is likely to be a very rare case where this court in judicial review would find its conclusions irrational or unreasonable.

I ask the members of the committee to bear these comments in mind. We would be happy to answer any questions which the members may have and to contribute to the development of the proposals. With your agreement, my colleague and namesake will continue.