Dáil debates

Wednesday, 20 January 2016

Public Sector Standards Bill 2015: Second Stage (Resumed)

 

2:30 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent) | Oireachtas source

I warmly welcome the introduction of the Public Sector Standards Bill 2015 as we all need to be part of the reform agenda. We also need to root out corruption in public life and public office, following the economic crash, the banking crisis and other scandals in the past few years which have damaged public life. It is also important that we put forward our own new ideas to develop standards in legislation. The majority of Members, across all political parties and none, are interested in making the cleaning up of public life a priority.

It is important that we have standards in public office and the public sector. As I have said before, there is nothing wrong with having a good old-fashioned public service. The State was founded with this ethos at its heart. Many people were good old-fashioned public servants who served the public. Sadly, however, some of this has been damaged in the past few years. We must go back to that ethos and the principles of serving the public. Whether one is a teacher, a garda, a member of the staff in the Oireachtas, a nurse or anyone else who works in the public service, when one takes on the job, one should put the public and the public interest number one. If we learn that lesson, it will enhance society and the State. We have seen in recent days, however, how this has slipped. I was disappointed with the shenanigans in a recent appointment to a public board. It should have been thought about more clearly. Appointments to State boards should be made on merit through a proper process and assessment, with independent arbitration. The best person, man or woman, should be selected to be put on the board to serve the people. Sadly, however, that did not happen recently. Again, the Government has taken a hit because of it. It is important that there will be a vote in the House on this matter later tonight. It will be interesting to see if Deputy Pat Rabbitte will be in the Chamber for the vote at 9 p.m. I will be watching with great interest.

As an Independent Member, I would not support any Government if it was shown to be corrupt or promoted illegal activity. For years, we have seen how insiders have contaminated politics, while politicians of all parties have abused their powers. We need to look at the issue of political appointments. It should include the ending of the practice of a party in government putting its favourites on the boards of State bodies, appointing them to the Judiciary, the top ranks of the Garda and the Central Bank Commission. An independent body must be set up to exclude politicians from making such choices. This goes back to the issue of standards against political patronage and cronyism. They need to be rooted out to ensure we get the best people possible for such appointments.

The Public Sector Standards Bill 2015 proposes to enhance the existing framework for identifying, disclosing and managing conflicts of interest and minimising corruption across the public sector. The Bill seeks to move towards a risk-based system of compliance and a more effective institutional framework for oversight and investigations. It proposes the introduction of a public sector standards commissioner to replace the Standards in Public Office Commission to oversee a reformed complaints and investigations process, a measure I support. I attended the Standards in Public Office Commission information session in the AV room earlier. I commend its staff for their professional and objective advice on the commission’s guidelines. I hope the buck will stop with the public sector standards commissioner. I also hope when the appointment is made, that it will be made transparently and properly.

The measures in the Bill include the introduction of a public sector standards commissioner, as well as the establishment in legislation of a set of integrity principles for all public officials. Last week we had many smart alecks around this House when the Independent group produced its charter which included many of these principles. Now the Government is including them in legislation. The Bill will also provide for the strengthening of the legal obligation on public officials to disclose as a matter of routine actual and potential conflicts of interest. We have seen significant criminal acts in this area in the past.

The Bill provides for the establishment of a more effective process for the submission of periodic statements of interests; the imposition of statutory prohibitions on the use of insider information; and the establishment of a new statutory board to address potential conflicts of interest as public officials take up roles in the private sector. This is a good vision for the future and the direction in which politics must go. Surely, we should have learned from all of the tribunals of inquiry and scandals. Having watched them for several years, I am not a huge fan of long-winded tribunals. I have also lost confidence in the commission of investigation process because such commissions seem to run into problems regularly.

Perhaps I am naïve, but the bottom line is that if something is wrong in the public service or political life, what is wrong with calling in the Garda fraud squad to deal with the issue? It would save much money, make a lot of sense and one would have an independent investigation away from all politicians. If someone is fiddling the books, scamming or involved in bribery and corruption, it is the Garda fraud squad which should deal with the allegations. If a person is innocent, good luck to him or her. If he or she is guilty, he or she should be rooted out of public office. Such behaviour has damaged politics in the past. There is no use saying only a small minority of politicians are involved because all politicians are tarnished as a result. In my constituency 35% of the people do not vote because in their minds all politicians are the same, essentially they are on the take. That is damaging and stopped people from voting. It is sad when one sees people who are hurting, but one knows deep down that they will not vote in the next election. The damage has been done by corrupt politicians in the past. They have damaged not only themselves, their supporters and families but also public life. I hope, with the new blend of Deputies and Senators after the general election, we will have a good old-fashioned public service and honest politics. There is nothing wrong with hard work and honest politics.

In respect of regulation, the Mahon tribunal noted certain interests posed particular risks from an anti-corruption perspective, including, in particular, gifts, access to inside information, as well as ancillary and post-term employment. We are referring to major gifts, not somebody who is doing a favour and receiving a pack of smokes or a bottle of wine in return. However, I should not say this as one is not allowed to mention the word “cigarettes” in this Chamber anymore.

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