Peter Power (Limerick East, Fianna Fail)

The effect of amendment No. 3 would be to require consultation with the Committees on Procedure and Privileges of both Houses in addition to what will take place with the Standards in Public Office Commission in respect of the code of practice for members of the Houses of the Oireachtas Commission, which is provided for in section 5. The statutory requirement for consultation with the Standards in Public Office Commission which is contained in the section is appropriate, particularly in light of the functions of that commission and its expertise in respect of codes of conduct. The purpose of the code is to cover issues arising from the corporate governance functions of the Houses of the Oireachtas Commission. These are not matters on which the Committees on Procedure and Privileges would normally be required to deliberate and advise. However, nothing in the section precludes the Houses of the Oireachtas Commission from consulting more widely should it see fit to do so when drawing up the code of practice. The amendment is unnecessary and, accordingly, I am not disposed to accept it.

An important function of the Committees on Procedure and Privileges is to regulate the activities of Members of the respective Houses. At least one member of the Houses of the Oireachtas Commission does not fall into that category. The role of a member of the Houses of the Oireachtas Commission is statutory in nature and is exercisable independently of that of public representative. In such circumstances, a statutory requirement for consultation with the Committees on Procedure and Privileges would pose difficulties in respect of their respective roles and would possibly raise conflicts of interest for Members. The Houses of the Oireachtas Commission is not precluded from taking advice from the Committees on Procedure and Privileges. Under the amendment, however, it would be obligatory for it to do so.

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