Oireachtas Joint and Select Committees

Tuesday, 21 November 2017

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

Public Sector Standards Bill 2015: Engagement with AILG and LAMA

4:00 pm

Mr. Shane O'Reilly:

Section 33 covers the complaints procedure to the commissioner. The original scheme of the Bill sets out that the complainant has up to 12 months from the date on which evidence sufficient to justify the complaint comes to such a person's knowledge, and not later than five years from that date. The Bill, however, does not actually clarify what the sufficient evidence is in order to bring that complaint. A threat of a malicious complaint that has no basis can end the political career of a public representative just like that. The Bill's proposal in this regard is damning towards anybody in public office. Somebody can make an erroneous complaint about a public representative and this can hang over him or her for a period of five years. This is crazy stuff. The evidence should be defined, there should be specific provision as to what complaints can be allowed and it should be dealt with in a short and sharp manner. It is as simple as that. What is proposed in the Bill is extremely frightening.