Brendan Howlin (Wexford, Labour) | Oireachtas source

I move:

That, pursuant to subsection (2A) (inserted by section 2 of the Standards in Public Office Act 2001 (No. 31 of 2001)), of section 21 of the Ethics in Public Office Act 1995 (No. 22 of 1995), Dáil Éireann recommends the appointment of Mr. Justice Daniel O’Keeffe, a former Judge of the High Court, by the President on the advice of the Government to be the chairperson of the Standards in Public Office Commission.


That, pursuant to subsection (2)(b)(v) (inserted by section 2 of the Standards in Public Office Act 2001 (No. 31 of 2001)), of section 21 of the Ethics in Public Office Act 1995 (No. 22 of 1995), Dáil Éireann approves the proposed appointment by the Government of Mr. Jim O’Keeffe (being a former member of Dáil Éireann and not being a member of the European Parliament) to be an ordinary member of the Standards in Public Office Commission.

I thank the House for the opportunity to debate these motions regarding the appointment of the chairperson and ordinary member of the Standards in Public Office Commission, SIPO.

The Standards in Public Office Commission was established under the Ethics in Public Office Act 1995, as amended by the Standards in Public Office Act 2001.

The standards commission supervises the operation of the ethics legislation, provides guidance and advice on compliance with it and investigates and reports on possible contraventions. The commission also has a supervisory role under the Electoral Acts in regard to political donations, reimbursement of election expenses and Exchequer funding of political parties and under the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001 it has a supervisory role regarding payments to the leaders of political parties.

In response to the findings and recommendations of the final report of the Mahon tribunal, a project is being progressed by the Department to develop an integrated ethics Bill which will consolidate, modernise and simplify the existing legislative framework. The end result will be a much improved anti-corruption system in respect of ethics matters which will both control and regulate conflicts of interest in public life in Ireland. Substantial progress has been made to date on the project and development of draft heads of an integrated ethics Bill is well advanced. Further work and consultation with the Standards in Public Office Commission, the Department of the Environment, Community and Local Government and the Oireachtas on the proposed approach are necessary. I will shortly be bringing proposals to Government on the general scheme of an ethics Bill. I will update the Government on progress made on the new ethics framework, including implementation of the Mahon tribunal recommendations in that context.

The commission has six members. Four members are specified in the legislation, namely, the Comptroller and Auditor General, the Ombudsman and the Clerks of the Dáil and Seanad. The chairperson of the commission is appointed by the President on the advice of the Government following a resolution of each House of the Oireachtas. An ordinary member is appointed by the Government following a resolution of each House. It would be remiss of me not to mention the outgoing members of the commission. Mr. Justice Matthew Smith was appointed Chairman in 2001 while still a High Court judge and was reappointed for a second term in 2007, having retired as a judge at the end of 2004. He served the country well in this important role and I would like to take this opportunity to thank him and wish him well in his retirement. I also thank the former Minister, Mr. Michael Smith, who served as an ordinary member since December 2007.

The legislation requires that the chairperson of the commission be a judge or a former judge of the Supreme Court or the High Court. I am very pleased that Mr. Justice Daniel O'Keeffe, who retired from the High Court in 2008, has agreed to be nominated for appointment by the President as chairman of the commission. He is highly qualified and has extensive experience in statutory and corporate governance matters. When the standards commission was being set up in 2001, a provision for appointing a former Oireachtas Member was introduced following a recommendation by the Dáil Select Committee on Members' Interests. This recognises that the commission needs not only legal and administrative expertise but also the expertise that comes from service as a public representative. The Government is, therefore, very pleased that Mr. Jim O'Keeffe, who has long experience both as a Member of the Dáil and as a Minister of State, has agreed to be nominated for appointment by the Government as an ordinary member of the commission. Having worked with Jim on constitutional and law reform matters, I am sure his personal qualities and experience will be of great value to the commission.

These appointments are an important measure in ensuring that the commission can continue its work and I have no hesitation in asking the House to approve the appointment by the President of Mr. Justice Daniel O'Keeffe as chairman of the Standards in Public Office Commission and the appointment by the Government of Mr. Jim O'Keeffe as ordinary member of the commission.

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