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

To return to the Mahon tribunal and the issue of regulation which is important, the tribunal concluded that merely requiring the identification of conflicts of interest was not sufficient to control the risk of corruption which they presented. Consequently, several of its recommendations sought to further regulate such interests. In this respect, it recommended that public officials be prohibited from accepting any gift in excess of a stipulated amount where it could reasonably be considered to be connected with their public office. We need to examine the aspect of regulation closely and consider sensible, common-sense regulations.

The Mahon tribunal observed that successful enforcement of conflict of interest provisions was a key element in ensuring their effectiveness. I am referring to the effectiveness of enforcement. The tribunal found significant problems with the existing enforcement provisions which it suggested weakened the ability of conflict of interest measures to control corruption in politics and public services. The enforcement aspect is an important consideration. The tribunal noted that the Standards in Public Office Commission, SIPO, was largely responsible for enforcing these provisions in the case of public officials who were officeholders. The provisions covering Members of the Houses of the Oireachtas are enforced through parliamentary procedures. Again, there are issues about enforcement and complications have arisen in that respect, about which we are all aware.

With respect to corruption risks and conflicts of interest, the final report of the Mahon tribunal states:

Conflicts of interest are a root cause of corruption. A conflict of interest arises where an elected or appointed public official has a private interest which is likely to be affected by the exercise of his or her public powers. Logically, a public official is less likely to exercise those powers in the public interest when he or she is in a position to use them for his or her own personal benefit. [That is an important point.] Some of the inquiries conducted by this Tribunal involved such ... conflicts of interest.

Also, in the case of other European states, it is noted that conflicts of interest for public officials, elected members and holders of public office involve tension between public duty and private interests. This occurs typically where an elected member has a private interest which could influence the public interest. I am referring to serious conflicts of interest, but there can also be minor ones. A conflict of interest does not necessarily mean corruption or fraud. However, it constitutes an abuse of public office for private advantage. There are different levels of conflicts of interest. When it comes to such issues, I am a big supporter of having a top class Garda fraud squad to deal with them and thereby save us all a great deal of money in not having such tribunals and much hoo-ha about not getting the terms of reference right for a commission of inquiry which results in our having to introduce legislation to amend them. Members of the public have issues to deal with and they want us to focus on the important issues of job creation, health, education, the economy and public services and to get on with dealing with the real aspects of our day job.

On periodic disclosures, one of the sections covers directorships. Members must register remunerated directorships in public and private companies. A Member must also register any unremunerated directorship where the company or companies in question is or are associated with or subsidiaries of a company in which he or she holds a remunerated directorship. I noted this when I spoke to representatives of SIPO in the audio visual room and I then returned to my office to start to fill in the form. I am a director of the Northside Centre for the Unemployed in Coolock, Dublin 17. It is a voluntary position, but I am still required to register it. I take the opportunity to praise and commend the Northside Centre for the Unemployed on Glin Road for its excellent work in providing services for the unemployed and education courses and in helping, in particular, people living in disadvantaged areas. I have been involved in the centre as a voluntary director for more than 20 years and the people there do excellent work. A number of my colleagues, as local representatives, serve on its board. It is important that they are acknowledged and commended for their magnificent work.

I have mentioned the tribunals of inquiry and raised the issue of public servants. I say to all public servants, be they Deputies, Senators, those working in the Oireachtas, gardaí or teachers, that they should do a fair day's work for a fair day's pay. If one is a public servant, one serves the public. If people were to do this, we would have fewer problems. If one meets a good teacher, one will see productivity level increase in the classroom. The same goes for a good community garda. I met one in my constituency recently and they have done good work in building relations with the community and young people at risk. These public servants are worth a great deal to any community. The same applies to civil servants and other staff in the Oireachtas. We should recognise and commend those who do a good job and also reward them. That is also an important aspect.

A number of my colleagues referred to the local authorities. It is an important aspect, having regard to some of the scams highlighted in television programmes recently. There is also the relationship between some of those in senior management positions and some councillors. There were times when I thought there was a conflict of interest and management was not standing up for the real values of public office. Some county and senior managers have their pet councillors and I found that if any member asked awkward questions, on many occasions he or she was more or less blanked. These managers should read the legislation and listen to the debate on it. They work for a county or city council and should treat all elected members equally and with respect. They should be no such thing as having a pet councillor simply because he or she does not rock the boat and no question of there being bold councillors who ask all the awkward questions about the Estimates or about what is happening in Dublin Bay. I will not name the people involved.

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