Dáil debates

Tuesday, 13 December 2016

2:45 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael) | Oireachtas source

The Moriarty tribunal recommendations were aimed at breaking the link between big money and politics. As the Deputy pointed out, that was achieved through the enactment of the Electoral (Amendment) (Political Funding) Act 2012, which effectively banned corporate donations. The Government published comprehensive legislation on the protection of whistleblowers and on the registration of lobbyists. The recommendations of the Moriarty tribunal were, as the Deputy knows, grouped into five different areas: political funding, company law, revenue matters, regulations and tribunals of inquiry.

In respect of political funding, the Electoral (Amendment) (Political Funding) Act 2012 was enacted on 28 July that year. The Act brought into force restrictions in corporate donations and considerable reductions in the maximum amount that a political party or individual could accept as a political donation. The Standards in Public Office Commission, SIPO, has published guidelines for political parties on the steps to be taken in receiving donations and on prohibited donations. There are also published guidelines for the registration of corporate donors. Under the 2012 Act, there is a requirement that political parties submit audited accounts for SIPO for publication. This requirement began with the 2015 accounts, which had to be submitted by mid-2016. Such requirements mandate that both the income and the expenditure of the political parties be open to scrutiny, which goes beyond the recommendations of the Moriarty tribunal.

The Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014 reduced the levels of payment made to political leaders and Independent Members and provides that Independent Members are now required to furnish to SIPO an annual statement of expenditure. Also relevant in that regard is the Regulation of Lobbying Act 2015. As we have seen in recent days, a web-based register of lobbying has been developed by SIPO and is designed to bring greater transparency in respect of those communicating with public officials on policy matters.

In respect of company law, the Moriarty tribunal recommended that a provision similar to section 172 of the UK Companies Act 2006 be adopted in respect of establishing a post of director of statutory duties. The then Minister for Jobs, Enterprise and Innovation, Deputy Bruton, stated that he considered the matter to be covered under Part 5 of the Companies Act 2014, which came into force on 1 June of that year.

In the context of matters relating to Revenue, section 101 of the Ministers and Secretaries (Amendment) Act 2011 placed on a statutory footing the independence of the Revenue Commissioners exercising the statutory functions provided to them under enactments relating to taxation and customs.

In regulation, the Minister for Finance, Deputy Noonan, has identified a number of specific actions, including the introduction of a new fitness and probity regime in accordance with the Central Bank Reform Act. The Central Bank (Supervision and Enforcement) Act 2013 attempts to strengthen the ability of the Central Bank to impose and supervise compliance with regulatory requirements and to undertake timely prudential interventions.

On tribunals, the Moriarty tribunal made a number of observations and the Tribunals of Inquiry Bill 2005 awaits Report Stage in the Dáil. While not directly related to operation of tribunals of inquiry, the introduction of the Protected Disclosures Act 2014 should be noted.

The Public Sector Standards Bill 2015 has passed Second Stage. The Minister for Public Expenditure and Reform is dealing with it. He expects to bring it before the House again by the middle of next year to deal with the appointment of a commissioner for tribunals, a matter that arises on foot of the provisions contained in that legislation.

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