Brian Cowen (Laois-Offaly, Fianna Fail)

It is open to the Whips to agree to the taking of the legislation concerned. There is a great deal of legislation pending this session. I take Deputy Gilmore's point that it was contemplated the Ethics in Public Office (Amendment) Bill 2007 would be dealt with during the last session but that this did not happen. It is unlikely to be completed this session given the necessity to deal with various other pieces of legislation, including the Finance Bill 2008, the nursing homes Bill and Social Welfare Bill. There is currently a great deal of legislation going through the House and it is unlikely the Ethics in Public Office (Amendment) Bill 2007 will be taken this session. Perhaps it can be done but I do not know that. It is unlikely, in my opinion, it will be completed this session. It will be possible to deal with it early in the next session.

The Government is interested in enacting the legislation. Also, Deputies will have an opportunity to voice their views on the Bill when it is being debated in the House. While I cannot predict what issues will arise, in my view it would not make sense to review the code until after the Bill has been enacted. I believe this is the best way to proceed. The code of conduct does not stand in isolation. It cannot impose requirements not already set out in legislation and as such it is legislatively based. Also, it does not add any new powers or provisions in respect of enforcement and attempts, in the main, to provide guidance at a level of detail that would be difficult to express in legislation.

The code of conduct assists Members or officeholders to ensure they are in compliance with the legislation. Also, it is used by the Standards in Public Office Commission as guidance in terms of whether a complaint made under section 4 of the Act should be investigated. Section 4 is the section of the ethics legislation under which complaints of a breach of the ethics Acts can be made. These provisions are not in any way compromised or undermined by the absence of a review of the code of conduct. The review can only be undertaken following enactment of the legislative base. As Deputy Gilmore stated, the Bill has been passed by the Seanad and it will be taken in this House as soon as practicable. We can obtain views in the context of that and conduct a review which, however, may not require subsequent changes to the code of conduct. I make the point that a review of the code of conduct cannot add to the legislative base that already exists.

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