Mairead Farrell (Galway West, Sinn Fein)
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79. To ask the Minister for Public Expenditure and Reform the status of his review of the ethics framework; the work that has been carried out to date examining the specific issue of tackling conflicts of interest; and if he will make a statement on the matter. [21489/22]

Mairead Farrell (Galway West, Sinn Fein)
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This question relates to the status of the Minister's review of the ethics framework and the work carried out to date on examining the tackling of conflicts of interest.

Michael McGrath (Cork South Central, Fianna Fail)
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We made a commitment in the programme for Government to reform and consolidate the ethics in public office legislation. As the Deputy’s question mentions, and as a first step in meeting this commitment, I asked my Department to undertake a review of ethics legislation in advance of bringing proposals for legislative reform to Government.

Following Government agreement, this review got under way in September 2021. Formal stakeholder engagement commenced last November. A public consultation exercise, based on a detailed policy approach set out in a public consultation paper, launched in November 2021 and closed in mid-January 2022. Ten responses were received, including a limited number on behalf of individual citizens, as well as submissions from political parties and bodies such as Transparency International.

Key elements of context for the review's findings have been prepared, including a detailed survey of Ireland's current provisions and a survey of the arrangements in some comparable jurisdictions. Initial engagement has also taken place with relevant Departments and the Office of the Attorney General. I expect that the process will be completed during the course of the summer. The review's outcome will then inform proposals for legislative reform that I intend to bring to Government later in the year.

In seeking to develop a renewed legislative approach, my Department will take as its point of departure the policy framework developed for the Public Sector Standards Bill 2015. Very broadly, this involves consolidation of the statutory framework for ethics and giving effect to relevant recommendations of the Mahon and Moriarty tribunals. In particular, it would see a significant strengthening of the legal obligations on public officials to disclose, as a matter of routine, actual and potential conflicts of interest, including, for the first time, provision for the confidential disclosure of liabilities over a certain threshold, in addition to sources of income and assets. In this, my ultimate goal is to build a fit-for-purpose, easy-to-understand and user-friendly statutory framework for ethics that contributes to the quality and effectiveness of our public governance and, by so doing, enhances trust and confidence in public officials and our democratic institutions.

Mairead Farrell (Galway West, Sinn Fein)
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Gabhaim buíochas leis an Aire. That was interesting because, as we know from media reports, there is a crisis facing An Bord Pleanála and it is quite a disturbing state of affairs. We are talking about conflicts of interest. We know that conflicts of interest do not necessarily equate to corruption but, as we saw with the planning tribunal, the presence of conflicts of interest can create the conditions in which corruption could take place.

The Minister mentioned the Mahon tribunal. The three main recommendations made by Mr. Justice Alan Mahon with regard to conflicts of interests included that the Standards in Public Office Commission, SIPO, be given greater powers, for example, the power to initiate its own investigations. That did not happen. The second was that serious breaches of the Ethics in Public Office Act would become a criminal offence. Again, this did not happen. The third was to have a planning regulator with wide powers that would, to use the words of Mr. Justice Mahon, carry out "investigations into systemic problems in the planning system", including possible corruption. These powers were not given.

The Minister referred to the Public Sector Standards Bill, which was to give scope to all of these recommendations. The implementation of the Public Sector Standards Bill is the action that is urgently needed.

Michael McGrath (Cork South Central, Fianna Fail)
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I assure Deputy Farrell of my personal commitment to addressing this issue. I do not believe it is acceptable that when we have spent hundreds of millions of euro of taxpayers' money on tribunals of inquiry and they make recommendations, the Oireachtas and Government do not act on those recommendations. This is why when I came into my current role I set up this review to fulfil the programme for Government commitment. There is a need to consolidate, reform and modernise the legislative framework in respect of ethics. This is what we are examining at this moment. We are also examining the recommendations made by SIPO with regard to the current regime. We are examining international best practice and the views of stakeholders as communicated in the public consultation process. The review will also consider the outstanding recommendations from the tribunals and take account of more recent developments such as the Hamilton report and the Council of Europe Group of States against Corruption, GRECO, recommendations on the reform of our statutory framework for ethics. I will be bringing forward legislation in the second half of this year.

Mairead Farrell (Galway West, Sinn Fein)
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I look forward to seeing that legislation towards the end of the year. The crises of the day often reflect the significant role we have in the area of ethics, the implementation of the Public Sector Standards Bill and different matters that are important with regard to ethics in public life. I understand from media reports yesterday that Remy Farrell, SC, will carry out a review into the crisis in An Bord Pleanála, which will be known as the Farrell report. Will the report be turned around quickly? I understand the review falls under the remit of the Minister for Housing, Local Government and Heritage, Deputy Darragh O'Brien. Is the Minister, Deputy McGrath, aware of a deadline for completion and publication of the report? That is important? We are aware from The Ditchand reports in other media that comprehensive dossiers have been submitted to the Committee of Pubic Accounts indicating conflicts of interest. I make clear that I understand the Minister's views on this matter. This crisis, however, like so many crises of the day, highlights the need for the implementation of the Public Sector Standards Bill. I am looking forward to seeing what the Minister will propose. A review in lieu of implementation is not a substitute.

Michael McGrath (Cork South Central, Fianna Fail)
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I am not familiar with the exact detail of the An Bord Pleanála issue under review, so I am not going to comment on that. The Public Sector Standards Bill, which was brought forward in 2015, was last discussed on Committee Stage in April 2017, which was five years ago. It is in need of modernising and reform. The review we are undertaking is the best way to approach that. It is a comprehensive review. Ultimately, it is about ensuring we have openness and transparency in public life and the way in which we as elected representatives conduct our business and also how our public officials and non-elected public servants do so. The current Acts provide for the publication of codes of conduct for officeholders, non-officeholder Members of both Houses and public servants. I commit to working in a collaborative way across the House to ensure we get this legislation right. It is, perhaps, a once-in-a-generation opportunity to update the ethics framework within which we and the public servants who serve the public across this State operate. I will engage co-operatively with colleagues across the House to make sure it is the best legislation possible.