Seanad debates

Tuesday, 3 July 2007

Ethics In Public Office (Amendment) Bill 2007: Second Stage

 

7:00 pm

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)

People have come out and voted. They have not voted because they think the people they elect are corrupted or unfit for public office. They entrust the running of the country, the parliamentary functions under our Constitution and our executive functions to us on the basis that they believe at this time that whatever Members have been successful, we will face the same sort of outcome. I wish those in this House who must go through that process in the coming weeks well.

We must not be so defensive as to characterise this profession as starting from the wrong place. Public accountability means that whatever mistakes are made or where a breach of trust occurs, they are dealt with and have consequences. Accountability is about putting in place mechanisms and systems to ensure we do not have a systems failure of the magnitude that may have caused the breach of trust in the first place so that one learns from that lesson, there are consequences for the individual and one moves on with the system, its reputation and that of the profession intact. There are circumstances where the finger can be pointed and a breach of trust occurred in respect of certain individuals or instances in the past. That is a fact.

Since the mid-1990s, we have sought to set up a framework, given the interaction of business and politics and the cost to individuals of engaging in public life and seeking to be elected to public office. We have devised a legislative framework, including codes of conduct, for officeholders and Members of the Oireachtas. On the one hand, from his perspective, which I am sure is sincerely held, Senator Cummins made the point that we should have certain limits. He also made the point that since he is not involved, why should he be asked to sign all these forms. If we are to have credibility, we must all undergo the discipline of adhering to whatever framework we are being asked to deal with so that the public can have confidence in the generality of all of us. The fact that we are being asked to do it is not to suggest that there is a suspicion that one is not right. It is a question of providing an objective and transparent method by which people can see that one is abiding by the rules set down in the legislation.

As I have said, that is the principle of accountability we are trying to discharge. There can be a view about levels and amounts and there will always be a debate about this issue. It is for me to emphasise in a context of winding up this Second Stage debate that the present law provides a full exemption in respect of support from relatives and friends for personal purposes only. We are introducing a threshold where none existed before and learning the lessons for the purpose of maintaining public confidence. If there was any confusion or controversy about it in the past, we are now saying that this is the clarification in legislative form that we wish to bring to the table at this stage based on the balancing of necessary issues concerning on the one hand, intrusion and accountability and on the other, personal arrangements within a family that may be required. We can all think about human circumstances where that would be necessary and where no public trust is in any way at risk by reason of the availability of that for the person concerned. It is about finding that balance.

I know that in this politically correct age, there are people who can go to a total de minimis rule of having no exemption or an exemption of €50. Someone could make an argument for an exemption of €200, €300 or €2,000. The impact of such a move must be gauged. We must be mindful of the extent that it could deprive us of people entering public office if they believed such intrusions would not allow them to go ahead. Various Members gave their perspective on the provisions but I am trying to strike a balance and improve the current arrangements. I am taking the opportunity to update the various thresholds which have been in place for nearly 15 years. We do not need to be as defensive as some are in this area. One does not legislate for integrity but instead provides a method of transparency that gives confidence to the public that Members are abiding by certain rules and regulations in ensuring public life is not tainted by corruption.

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