Enda Kenny (Mayo, Fine Gael)
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Question 7: To ask the Taoiseach if he has plans to amend the code of conduct for office holders; and if he will make a statement on the matter. [24239/05]

Trevor Sargent (Dublin North, Green Party)
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Question 8: To ask the Taoiseach if he will amend the code of conduct for office holders; and if he will make a statement on the matter. [28641/05]

Bertie Ahern (Dublin Central, Fianna Fail)
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I propose to take Questions Nos. 7 and 8 together.

The code of conduct for office holders as drawn up by the Government following extensive consultations with the Standards in Public Office Commission has applied since 3 July 2003. I have no plans to amend it.

Enda Kenny (Mayo, Fine Gael)
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What is the Taoiseach's view of Ministers or Ministers of State endorsing particular brands of commercial products? The Minister of State at the Department of Finance, Deputy Parlon, endorsed a brand of animal feed in the Irish Farmers Journal during the summer. Is that recognised as being within the code of conduct? I understand he supported calf nuts. He appeared with a bag of this material. Is it acceptable that a Minister of State at the Department of Finance——

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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It depends on the quality.

Enda Kenny (Mayo, Fine Gael)
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Perhaps it should have been the Minister of State at the Department of Agriculture and Food, Deputy Brendan Smith. Is it acceptable to the Taoiseach that they should engage in that type of activity? Is that allowed under this Administration's code of conduct?

Bernard Durkan (Kildare North, Fine Gael)
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It is a kind of part-time code.

Bertie Ahern (Dublin Central, Fianna Fail)
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As the Deputy knows it would be difficult to police. If one were caught holding anything in one's hand one could be accused of promoting the brand. Somebody doing an opening could be asked to be photographed with something. I do not believe it is outside the code of conduct unless a Minister or Minister of State is seen to be pressing or lobbying for consumer ends.

Bernard Durkan (Kildare North, Fine Gael)
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We are talking about guilt by association.

Bertie Ahern (Dublin Central, Fianna Fail)
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To be photographed at some stand or exhibition would be an impossible issue to hold against a Minister.

Trevor Sargent (Dublin North, Green Party)
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The Taoiseach said that if a Minister were found to be doing something for any commercial reason, even if it was on behalf of a friend and not himself, it would not be acceptable. Given that the Taoiseach has stated he has no plans to amend the code of conduct, is it necessary to clarify the situation, if a Minister or a Minister of State feels it is not a problem to endorse a product? Is the Taoiseach aware that the British Committee on Standards in Public Life established a similar code of conduct, the Seven Principles of Public Life? The first principle entitled "Selflessness" states:

Holders of public office should act solely in terms of the public interest. They should not do so in order to gain financial or other benefits for themselves, their family or their friends.

Does the Taoiseach therefore need to clarify the code of conduct more specifically to cover such an eventuality? Given that the commission can make a finding but cannot impose a sanction, what sanction would he envisage for a Minister or Minister of State found to be——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise out of these questions. As the Deputy has pointed out it is a matter for the Standards in Public Office Commission.

Trevor Sargent (Dublin North, Green Party)
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I mention this for illustrative purposes. It is important to be able to avoid a problem in the future based on our experience to date.

Bernard Durkan (Kildare North, Fine Gael)
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It would be a matter for the commission in respect of ordinary Members of the Oireachtas.

Bertie Ahern (Dublin Central, Fianna Fail)
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The code is set down. I have no plans to amend the code as it is only two years in operation. If the Standards in Public Office Commission were to make any points about amendments, obviously in due course we would need to look at that. It is a short period. I am not aware of the issue Deputies Kenny and Sargent have raised. It would be quite hard to police a situation where a Minister or a Minister of State is opening an event, or is at an exhibition or a conference. If a Minister or a Minister of State were photographed moving through and the photograph were used I do not believe he or she could be blamed for that. If a Minister made a statement on a matter it might be different. It would be quite difficult to write a code for that.

Trevor Sargent (Dublin North, Green Party)
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The Taoiseach is not going to pursue the matter. They have a free rein.

Bernard Durkan (Kildare North, Fine Gael)
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In the scenario outlined by the Taoiseach——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does the Deputy have a question?

Bernard Durkan (Kildare North, Fine Gael)
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——I find it hard to understand how there would not be a conflict of interest. If the Minister for Education and Science became involved in advertising a product in the education arena, the Minister for Communications, Marine and Natural Resources became involved in advertising telephones or the Minister for Agriculture and Food became involved in advertising dairy nuts I cannot see how there could not be a conflict of interest.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That concludes Taoiseach's Questions.

Bernard Durkan (Kildare North, Fine Gael)
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What is the Taoiseach's opinion on the matter?

Bertie Ahern (Dublin Central, Fianna Fail)
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A few weeks ago I attended the opening of the new $150 million Guinness expansion. If I am photographed with a pint of Guinness, which I do not drink, is that promoting Guinness?

Bernard Durkan (Kildare North, Fine Gael)
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I am talking about ongoing promotion.

Bertie Ahern (Dublin Central, Fianna Fail)
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I accept the point about ongoing promotion.