Written answers

Wednesday, 1 June 2005

Department of Finance

Standards in Public Office Commission

8:00 pm

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Question 136: To ask the Minister for Finance his views on whether the Standards in Public Office Commission should be provided with the authority to appoint inquiry officers on its own initiative rather than being able to do so only on foot of a complaint; and if he will make a statement on the matter. [18654/05]

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The Standards in Public Office Commission — the standards commission — has been in existence since December 2001. It replaced the Public Offices Commission, which was established in November 1995.

During that period, I am not aware that the standards commission or its predecessor made any formal proposal to my Department that the ethics legislation — that is, the Ethics in Public Office Act 1995 and the Standards in Public Office Act 2001 — should be changed to facilitate the appointment of inquiry officers in the situations envisaged by the Deputy.

I am satisfied that the powers of the standards commission, as they stand, are ample to meet public concerns in the field of standards in public life. I feel it is reasonable that at least a formal complaint to the standards commission should be required to commence the inquiry process, which, in itself, can carry serious consequences for the person under investigation.

I would find it difficult to accept that the appointment of inquiry officers would be justified in circumstances where a formal complaint had not been made to the standards commission from one of the numerous categories of persons, including members of the public and any public representative, entitled to do so against the persons and office holders against which complaints can be made.

If Deputies are aware of any potential issues with implications for ethics and standards in public life then they should, as provided for in the legislation, make a complaint to the standards commission. If a matter is of sufficient public importance or substance to warrant an inquiry, it must surely be of sufficient importance to warrant at least a formal complaint from one of the numerous categories entitled to do so — including the general public and every office holder and public representative.

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