Dáil debates

Thursday, 2 May 2024

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions

Legislative Measures

10:40 am

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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73. To ask the Minister for Public Expenditure and Reform to provide an update on reform of the ethics in public office legislation, given that the review of the statutory framework was completed in December 2022; the reason for the delay in publishing the heads of Bill; if he expects this Bill to be introduced this year; and if he will make a statement on the matter. [20037/24]

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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The programme for Government contains a commitment to reform and consolidate the ethics in public office legislation. When are we going to see that legislation? It is over four years since the commitment was given.

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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The Deputy makes reference to the 2020 programme for Government. That did indeed lay out the commitment to reform and consolidate the ethics in public office legislation and, as she will be aware, my Department carried out a comprehensive review of the statutory framework as a first step in meeting this commitment. The review’s report was submitted to Government in December 2022 and published in February 2023, and the Government agreed to the preparation of draft legislation to reform the regime informed by the review’s outcomes.

It made recommendations in five different areas, namely the legislative framework for our ethics principles; new statutory prohibitions, including on the use of insider information; that disclosure requirements should be strengthened to improve transparency and looking at whether it should include more office holders; a strengthening of SIPO; and that any post-term employment restrictions contemplated for elected officials and public servants should seek to address matters not already covered by the regulation of lobbying.

My Department is preparing a draft scheme for legislative reform in consultation with relevant Ministers. While the drafting of the heads of the Bill is significantly advanced, the Deputy will be aware of some of the challenges that we had in respect of the Public Sector Standards Bill 2015 when it was presented to the Oireachtas. All that being said, we are nearly done in respect of the drafting of the heads of the Bill and I hope to be in a position to bring that to Government shortly.

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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There have been incredible delays in all of this. It is 14 months since the review report was published. We know the important areas that are covered by it. We should not have any further delay. It is 20 years now since SIPO started identifying the serious gaps in its powers. It is supposed to be a watchdog but it seems to be more of a lapdog at this stage because of the failure of successive Governments to give it the powers it so desperately needs. In its annual report every year, SIPO identifies all the areas where it simply does not have the powers to do the job it should be doing.

The Minister will also be aware that over the term of this Government, there have been a number of instances where it was shown that SIPO did not have adequate legislative powers to deal with issues that arose in respect of members of Government and some other Oireachtas Members as well. All of that undermines public confidence in politics. There is an urgency about this. The heads of the Bill are not listed for priority drafting in the legislative programme. I am asking the Minister the timeline for the production of the heads of the Bill at least. Is there any prospect at all of this legislation being passed before the next general election?

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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I believe that is achievable. In terms of the timelines for the heads of the Bill, I have some final work that I aim to do on it. At the latest, I aim to bring the heads of the Bill to the Government over a short number of months. That is what I am aiming to do. I accept the urgency on this and am committed to getting this piece of work done.

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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That is a really disappointing response that the Minister expects the heads of the Bill to go to Government in a short number of months when, at most, there is a year left in this Government. It is quite clear that even if we do see the heads of this legislation in the next few months, it will entail pre-legislative scrutiny, drafting and then the passage of legislation. I do not see any prospect of that happening before the general election.

This is a significant reflection on the Government's inability to recognise the importance of restoring confidence in the political system. This commitment was given. It is quite clear that the Government is not serious about it. We are at a stage now in this country where we need to stand up for politics. We need to show the public that we are serious about ethics. Many different areas have been identified, not least the whole lobbying area and the seamless movement from politics to the lobbying industry that we have seen involving a number of Ministers, indeed, and ex-TDs. There is a real urgency about this. The political system needs the Government to stand up for the system and restore confidence in it. We can only come to the conclusion that the Minister and his Government have utterly failed to do this in respect of the commitment that was given in 2020 because they do not appear to be serious about it.

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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The Deputy cannot have it both ways. She cannot on the one hand say there is a need to maintain standards in public office and then make insinuations about my intentions. She cannot have it both ways. I appreciate the urgency of this legislation. It is something my Department is taking very seriously and I am committed to trying to get the heads of the Bill----

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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There is no evidence of that.

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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----completed, bringing the heads of the Bill to Government and commencing the legislative process in relation to it. As I said, the Deputy cannot have it both ways. She cannot say there is a need to stand up for standards in public office and then in the same breath insinuate that there are some kind of ulterior motives regarding where the Bill stands.

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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There is not a hope in hell of this legislation being through before the general election. That is the bottom line on this.