Katherine Zappone (Independent) | Oireachtas source

I move amendment No. 1:

In page 9, subsection (3), between lines 25 and 26, to insert the following:
“(h) that undue influence is being exercised by a public official including but not limited to the exercise of such influence in relation to the
administration of justice and the proper functioning of state organs,”.

This amendment relates to the definition of wrongdoing and suggests the inclusion of an additional type of wrongdoing for the purposes of the Act. The Minister will be aware that section 5(3)(f) refers to wrongdoing as including the unlawful or improper use of funds or resources of a public body. However, subsection (3) does not include in the definition of wrongdoing undue influence by a public official, particularly in relation to the administration of justice and the proper functioning of State organs. To highlight that the legislation is being introduced to improve accountability and transparency for all public officials, such a provision should be included. In this case, a public official should include Members of the Oireachtas and all civil and public servants. The amendment also suggests that the current restriction to misuse of public funds is too limiting and should be expanded. This is important in terms of sending out a message about accountability and transparency. Furthermore it is proposed in the OECD toolkit on whistleblower protection that protected disclosures should be defined to include an abuse of authority.

The addition to the definition of "undue influence" would be in keeping with the idea of combating corruption, as outlined in the White Paper produced by the Department of Justice and Equality on white collar crime, for which the Department used Transparency International's definition. The latter organisation was very helpful in the development of the legislation and the Minister was very receptive to its input, as were his officials. According to Transparency International's definition, corruption is the misuse of public entrusted power for private gain. In that regard, this Bill could be linked to relevant Department of Justice and Equality legislation. I have proposed the amendment for this reason.