Dáil debates
Wednesday, 27 May 2009
Ceisteanna - Questions
Standards in Public Office.
11:00 am
Enda Kenny (Mayo, Fine Gael)
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Question 10: 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. [15550/09]
Eamon Gilmore (Dún Laoghaire, Labour)
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Question 11: 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. [15594/09]
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 12: To ask the Taoiseach if it is planned to amend the code of conduct for office holders; and if he will make a statement on the matter. [20710/09]
Brian Cowen (Laois-Offaly, Fianna Fail)
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I propose to take Questions Nos. 10 to 12, inclusive, together.
The code of conduct for office holders was drawn up by the Government pursuant to section 10(2) of the Standards in Public Office Act, 2001, following consultation with the Standards in Public Office Commission, and was published in July 2003. Deputies will be aware that the Ethics in Public Office (Amendment) Bill 2007 provides for changes to the ethics framework. A review of the code will be carried out, in consultation with the Standards in Public Office Commission, after that Bill has been enacted.
Enda Kenny (Mayo, Fine Gael)
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Is the Taoiseach satisfied that all members of the Cabinet are in compliance with the code of conduct? Have any complaints been received in respect of allegations of Ministers stepping outside or being in breach of the code? Is a copy of the updated version of the code of conduct available in the Oireachtas Library for perusal?
Brian Cowen (Laois-Offaly, Fianna Fail)
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I am not aware of any problems of compliance with the code of conduct by any office holders - certainly, none has been brought to my attention. The code of conduct was published in 2003 and the review of the code will be carried out when it becomes available after the Ethics in Public Office (Amendment) Bill has been enacted.
Eamon Gilmore (Dún Laoghaire, Labour)
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The jailing yesterday of former Government press secretary, Frank Dunlop, was a very significant watershed in Irish life, in particular in regard to the corruption of public office. Has the Taoiseach given consideration to the consequences and any changes in legislation, practices or codes of conduct that might be progressed arising from the decision of the court yesterday?
Brian Cowen (Laois-Offaly, Fianna Fail)
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No, I have not given any consideration to that matter.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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With regard to the code of conduct, and without sight of the most up-to-date text of same, is there a clear indication to Ministers and Ministers of State of their duties and responsibilities to other Members of these Houses? I speak specifically regarding their responsibility to respond to either parliamentary questions or written representations. I am reflecting particularly on a delay of a long period of months in receiving replies from some Ministries and front-line Ministers. The code of conduct must go beyond the required high standards in terms of public office vis-À-vis the matters referred to by the previous speaker. Surely, it must also require of office an awareness and an adherence to the best standards in terms of their accountability and responsibility to the Houses of the Oireachtas. Will the Taoiseach indicate if this area is addressed within the code of conduct and, if not, what steps he would consider employing to guarantee to Members that we will be accorded the expected courtesy and, I believe, essential response from Ministers in regard to the representations and inquiries we make?
Brian Cowen (Laois-Offaly, Fianna Fail)
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What the Deputy refers to is the need for good public administration and that there be good administration practices in Departments, agencies and among Ministers so there is an efficient relaying of information upon request by colleagues in the Oireachtas in respect of any policy or other issues that arise, such as constituency matters. While it is not part of the code of conduct, it is obviously something office holders would be expected to be able to discharge. I will bring to the attention of colleagues the need to ensure that is in place.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I would welcome that because I have personal experience of a period of months passing for even the courtesy of an acknowledgement in a couple of cases from front-line Ministers, which I find incredible. It is not representative of the position adopted by the vast number of front-line Ministers and I would be remiss in not making that point. The reality is that the overwhelming number are most attentive and respond within appropriate timeframes, but there are exceptions. From inquiries I have made, I understand it is not unique to my representations and inquiries because there are similar experiences. It is worth addressing on a cross-party basis within the front-line Ministries in this current coalition arrangement.
Brian Cowen (Laois-Offaly, Fianna Fail)
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If the Deputy brings to my attention certain matters, I will follow them up.
Kathleen Lynch (Cork North Central, Labour)
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Given the awful matters referred to in the Ryan report, I am glad the Minister of State, Deputy Moloney, is present and seated behind the Taoiseach, who also has an interest in this area. Everyone welcomed the introduction of standards in regard to institutions where people with special needs and disabilities are living-----
John O'Donoghue (Kerry South, Ceann Comhairle)
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This concerns the code of conduct for office holders.
Kathleen Lynch (Cork North Central, Labour)
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This is about the conduct of office.
John O'Donoghue (Kerry South, Ceann Comhairle)
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It is a strange starting point.
Kathleen Lynch (Cork North Central, Labour)
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Introducing standards is useless unless they are on a statutory footing and are enforceable, and unless inspectors are put in place. That concerns the conduct of office holders, which is a very significant element. When will we see this? With regard to legislation on whistleblowers, for example, which concerns conduct in high places, we automatically assume whistleblowers are people in banks or other financial institutions. What about those who report abuse and do not have protection? As someone who reported abuse, I can report that the same social worker who was supposed to have been looking after the case-----
John O'Donoghue (Kerry South, Ceann Comhairle)
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I do not like to cut off the Deputy but this concerns office holders in the context of Government.
Kathleen Lynch (Cork North Central, Labour)
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-----then went to the family and told them I had reported it. The man came to my door.
John O'Donoghue (Kerry South, Ceann Comhairle)
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We are wandering off the subject.
James Reilly (Dublin North, Fine Gael)
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It is an important issue.
John O'Donoghue (Kerry South, Ceann Comhairle)
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We know all that. I have to operate under Standing Orders.
Kathleen Lynch (Cork North Central, Labour)
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What frightens me about this is not so much the misfortunate man coming to my door-----
John O'Donoghue (Kerry South, Ceann Comhairle)
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We must move on.
Kathleen Lynch (Cork North Central, Labour)
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-----it is that the same social worker is now promoted and in charge of child care in the HSE southern region.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I cannot talk about social workers under this question. The Deputy has made her point.
Kathleen Lynch (Cork North Central, Labour)
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That frightens me.
John O'Donoghue (Kerry South, Ceann Comhairle)
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This relates to office holders in the context of Government.
Kathleen Lynch (Cork North Central, Labour)
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In terms of the statutory standing of the inspectorate of institutions for people with special needs and disabilities-----
John O'Donoghue (Kerry South, Ceann Comhairle)
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If the Deputy wishes to put down a question in regard to the matters-----
Kathleen Lynch (Cork North Central, Labour)
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-----when will we see that?
John O'Donoghue (Kerry South, Ceann Comhairle)
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That is not relevant to this question, to be fair. The Deputy will have to put down a separate question.