Ann Phelan (Carlow-Kilkenny, Labour) | Oireachtas source

I thank the Deputy for raising this issue and assure him that how taxpayers' money is spent is extremely important and should be open and transparent. At the outset, I wish to clarify that the Minister for the Environment, Community and Local Government has no direct responsibility for, or involvement in, the assembly of land by local authorities for the purpose of the provision of offices for Departments or other offices of the State. Section 213(2)(a) of the Planning and Development Act 2000, as amended, provides that a local authority may for the purposes of performing any of its functions, including giving effect to or implementing its development plan, acquire land by agreement, or in certain circumstances, compulsorily.

In this case, I understand that the Office of Public Works acquired two sites from Wexford Borough Council in the 1990s. These sites now accommodate Government offices in Anne Street. One of these sites was acquired by way of an agreement with Wexford Borough Council dated 22 May 1995 for IR£145,000. The other site was acquired by the OPW from Wexford Borough Council under agreement dated 2 January 1997 in exchange for a site owned by the OPW in King Street. The site transferred to the OPW had been assembled by Wexford Borough Council by compulsory purchase order. The OPW was not a party to the assembly of these sites, which were bought directly from Wexford Borough Council.

Therefore, if there are issues with the manner in which these sites were assembled by Wexford Borough Council, they should be raised in the first instance with its successor Wexford County Council.

It might be helpful in this regard if I set out some of the key elements of the ethical framework for local authorities. Part 15 of the Local Government Act 2001 provides an ethics framework for both elected members and officials working in local government. The ethics framework imposes a statutory duty on all in the service to maintain proper standards of integrity, conduct and concern for the public interest. Section 171 of the Act obliges elected members to prepare and furnish to the ethics registrar an annual written declaration containing particulars of their "declarable interests". Section 174(8) of the Act requires that the chief executive and-or the cathaoirleach of a local authority consider what action should be taken on becoming aware of a possible contravention of the ethical framework. This action can include investigative or disciplinary procedures considered appropriate in the circumstances and-or referral of the matter to the Standards in Public Office Commission, SIPO. SIPO is an independent body which reports to the Minister for Public Expenditure and Reform. While the functions of SIPO are mainly inquisitional, the commission has the power under section 24(2) of the Ethics in Public Office Act to refer cases to the Director of Public Prosecutions where it is of the opinion that an offence may have been committed.

See this speech in context