Caít Keane (Fine Gael) | Oireachtas source

-----because when I sat on the officer board of LAMA, I traipsed in here to meet a couple of Ministers on its behalf, although this was not done at the time. LAMA now will have the power to use its nominating right or not. The power will be in the hands of the councillors of LAMA, they can use it or not as they wish, but at least it now will be a designated body. As the Minister of State noted, the AILG and LAMA are registered bodies and will not be obliged to register, apply in writing or anything like that. It is there and is official, which I welcome.

Amendment No. 7 refers to section 4(4) of the Electoral Act 1997, which states, "The Public Offices Commission ... may require any person to furnish any information, document or thing in the possession or procurement of the person which the Commission may require for the purposes of its duties under this Act.". In respect of the Public Offices Commission, now the Standards in Public Office Commission, does the Minister of State believe it has all necessary powers or does it need more powers or more staff to carry out all the investigative duties with which it is bound? Rather than being a reactive body, if the commission finds some wrongdoing or has questions it must ask, does it have the power, staff and wherewithal to investigate? Rather than reacting to television programmes, will it be proactive in respect of sourcing?

The addition in this Bill of section 4(4A) to the Electoral Act 1997 prescribes a summary conviction of a class D fine. While I welcome its inclusion, I believe this issue merits more than a class D fine and the Minister of State might consider this later. The addition of section 4(4B) rules that information furnished by a person to the Standards in Public Office Commission is not admissible as evidence against the person in court. I would ask why it is not because the commission is a State body. I hope this will not make evidence non-admissible and sought in its own individual right. While I acknowledge data protection plays a part in this, one would not wish to tie the hands of future investigations by writing something like this into a Bill, whereby it is stated it cannot be used in evidence. However, if the evidence is sourced otherwise, that is, other than through the commission, it should not preclude that same evidence from being used.

The Minister of State spoke on the revised format of the Dáil ballot paper, which I welcome because if one is watching ballot papers being counted, one sees what can happen. It also is frustrating for counters who might even miss one on the left-hand side. In any event, I do not wish to finish on a negative note. This Bill contains some positive measures and I again thank the Minister of State for listening to Members in respect of the inclusion of LAMA as a nominating body. As I stated, it now has the power, if the councillors wish to use it. I also hope the Minister of State will bring good news to Members on the many other representations, which may not be on her desk but are on the desk of the Minister, Deputy Kelly. As the Minister of State is so good at coming into the Seanad with good news for Members, she might root out those representations from me and other Senators on other issues the AILG and LAMA have raised with Members regarding councillors' recognition for the arduous job they do while willingly giving of their time in community work.