Victor Boyhan (Independent) | Oireachtas source

I welcome the Minister to the House and I acknowledge this significant piece of legislative work which has been passed by Dáil Éireann. I will make a few points and will then express concern at one aspect of the legislation.

I note the Bill provides for nine corruption offences, namely, active and passive corruption in section 5, new offences of active and passive trading and influence in section 6, corruption in office and employment in positions of business in section 7, corruption through intermediaries in section 8, creation and use of false documents for corrupt purposes and a new offence of intimidation for corrupting purposes in section 10, and corruption by and on behalf of corporate bodies, including a new offence of a failure to avert corruption in section 18. That all has to be welcomed as it is all very significant. Corruption manifests itself in bribery, the misuse and influence of power and the theft and misallocation of resources. That is worth spelling out because some people think this is far removed from their personal, political or business life.

It is worth remembering that corruption comes in many forms. Political corruption undermines the legitimacy of democracy. Mahon, in his final report, said that it is a fundamental breach of public trust and inherently incompatible with the democratic nature of the State and is a form of social rust which corrodes the political and institutional systems in which it takes root. That is particularly important. Corruption also manifests itself in the administration sphere for citizens and their fair treatment and rights and it diverts resources and investments for the common good.In business, corruption undermines and distorts the market and hampers development.

I will speak briefly on the findings of the Mahon report and what Mr. Justice Mahon described as a vicious cycle of corruption that affected political and planning life in this State. We must learn from the Mahon report. While I do not intend naming the local authority in question on the basis that due process must apply, anyone who read the newspapers at the weekend will be aware that a report on alleged planning corruption is sitting on the desk of the Minister for Housing, Planning and Local Government, Deputy Eoghan Murphy. The response attributed to the Minister in the weekend's media reports was that he needed more time to consider the report. I call on him to examine the report quickly and publish it if possible. It is important for the planning authority in question, its staff and elected members that the truth and facts relating to alleged corrupt activities are placed in the public domain. Information regarding the report has entered the public domain as it was covered in the media at the weekend. I call on the Minister to publish the report.

The briefing note circulated with the Bill states the legislation provides for the seeking of a court order prohibiting an individual seeking a public office or post following conviction on indictment for a corrupt offence. However, this prohibition will not apply to any individual seeking office as a Member of Dáil Éireann, Seanad Éireann, the European Parliament or a local authority as it is not intended to interfere with the electoral process. I do not accept this proposal. It is wrong and needs to be revisited. It is my intention to introduce an amendment to address this specific matter.

I would like to work with the Minister and his officials in this regard. Having listened to Senator Norris's comments on the election of Members of Dáil Éireann, Seanad Éireann, the European Parliament and local government, it is my view that the same regulations should apply to people who are elected to office. I will reserve my position on this matter. We should put our heads together and introduce severe penalties, without exception or favour. If politicians are found to be in any way corrupt, they must be sanctioned. I ask the Minister to address this issue and spell out clearly what is meant by the current proposal in case I have misunderstood the position. I hope we can work together to clarify any misunderstandings that may arise and give effect to the Minister's comments in the Dáil about leading by example, to which Senator Norris referred. We are elected to high office and we, too, must pay a penalty if we are found to have fallen short or to have been involved in any form of bribery or corruption. To be precise, my main concern regarding the legislation relates to section 18(4)(c), which addresses the issue of people seeking election to Dáil Éireann, Seanad Éireann, the European Parliament and local authorities.