Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

It was sorted out at the last minute. Where stands this Bill in respect of people's right to elect a person of bad repute? They are entitled to elect such a person if they choose to. That is democracy. Some might say that thumbing a nose at the system is a good thing, others might say it is outrageous that somebody should have the cheek to do that and the person should not be here. That depends on one’s political perspective. I would not like to see a high-handed approach being taken.

I am impressed with section 6 and the definition of public bodies. I was scratching my head to know if anyone was left out. There may be some but we can clarify that on Committee Stage. Section 6(1)(j) refers to “a body that is wholly or partly funded, directly or indirectly, out of money provided by the Oireachtas or from the Central Fund or the growing produce of that Fund and in respect of which a public service pension scheme exists or applies or may be made;”. That should catch most organisations. Are there any in the grey area that are not fully caught by the public service pension scheme but that could be funded or partly funded by the Oireachtas or the Central Fund? Does “partly funded” refer to one year? Are annual activities partly funded or is it a once-off payment for an organisation? For example, will a private sector nursing home, 90% of whose clients are in the fair deal scheme, funded almost exclusively by the taxpayer, under contract with the Health Service Executive come under this definition? Another example is a company whose main business is to build schools which continue in good or bad times under the schools building programme. There are some companies substantially funded by the public purse on a permanent basis, notwithstanding that they are involved in capital projects. The annual operating revenue of some of these contractors is public money, notwithstanding that they are in the private sector. We will want that clarified as well.

Sections 16 to 19, inclusive, refer to tax clearance certificates. Under section 19(5)(b)(iii), “... the Collector-General shall notify the Commissioner in writing of the refusal and the Commissioner shall draw up and publish a report in writing in relation to the matter.” I had always understood that there was a degree of confidentiality about a person’s dealings with the Revenue Commissioners if a person did not get a tax clearance certificate but this legislation covers many people and requires that this should be published. Is it not enough to notify the particular appropriate person? What is the format of publication? Will there be an advertisement in the Sunday newspapers or will it be on the website of the commissioner’s office or who will publish it? Is it right that a person’s tax affairs or those of one connected to that person may be published?

Under section 50(1), where there is a contravention of the Act, the commissioner may furnish the report “to such other persons as the Commissioner may consider appropriate”. How widely will that be circulated? Some commissioners might think it is in the public interest to issue a statement to the national media but, some might think that is certainly not what was intended. I do not know how broad that provision is and I would like it clarified. This will cover Members of the Oireachtas and Members of the European Parliament. Under section 50(4) a report “shall be furnished to the President of the European Parliament”. What jurisdiction does an Irish body have in respect of the President of the European Parliament? Maybe this is a standard procedure or maybe there is a reciprocal arrangement. What happens if an Irish MEP does something wrong outside the jurisdiction of the State, is the President of the European Parliament obliged to inform the commissioner at home? I do not think MEPs should be exempt from this legislation but I want to understand the jurisdiction of the European Parliament in respect of Ireland.

We may want to tease out further the suspension of Members of the Oireachtas on receipt of the report to ensure it is appropriate. During that debate we should also debate the fact a person who is declared bankrupt cannot be a Member of the Oireachtas. We inherited the system from England and the House of Lords which represented people of property. It was all about money. One can be a paedophile and be a Member of the Oireachtas. I have a problem with that. There was a time when being bankrupt was a mortal sin but many people, through no fault of their own, have had to go bankrupt. We have introduced legislation to make it easier for people to go bankrupt.

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