Brian Cowen (Laois-Offaly, Fianna Fail)

The reason I suggest it should await this is because the code of conduct cannot impose new requirements which are not legislatively based. It is based on the present legislation and, therefore, one cannot change the code in the absence of legislative amendment. As the Deputy said, the Ethics in Public Office (Amendment) Bill 2007 is available to be enacted. It is a matter for the Whips as to when it can be taken. The Government can discuss that with the Whips. The Bill was proposed to amend the Ethics in Public Office Act 1995 to provide that ministerial and parliamentary officeholders and Oireachtas members are not to accept benefits, that is gifts, loans or below cost services, worth in aggregate more than €2,000 from a friend for personal reasons in a period - usually a calendar year - comprehended by an interests statement prepared under the Ethics in Public Office Act 1995, unless they have obtained the opinion of the Standards in Public Office Commission that acceptance of the benefit would not be likely to materially influence the recipient in the performance of his or her functions or duties. If offered a benefit on an occasion where it would not be practical to refuse it, the recipient must seek the opinion afterwards and must give up the benefit or its value if the commission is unable to issue such an opinion. That is the purpose and objective of the legislation but we cannot amend or review the code unless we amend the legislation.

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