Pat Breen (Clare, Fine Gael)
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Question 523: To ask the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 534 of 8 November 2005 if a code of conduct applies to public servants with particular reference to those becoming aware of a breach of the law or serious wrongdoing; if such public servant is both morally and legally obliged to report such matters to an appropriate body; if so, to whom such matters should be reported; and if he will make a statement on the matter. [5392/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Department of Finance in co-operation with the Standards in Public Office Commission developed the Civil Service code of standards and behaviour which was promulgated in September 2004. This code, as required by the Standards in Public Office Act 2001, to a large extent is a compilation of various circulars which set out the rules governing behaviour of civil servants known as the "personnel code". While not superseding the existing circulars contained in the personnel code, the Civil Service code of standards and behaviour sets out in a single document the main principles which should govern the behaviour of civil servants and the values which the civil service wishes to espouse. It applies to all civil servants, mine included. Its implementation is monitored by the Standards in Public Office Commission.

With reference to civil servants reporting breaches of the law, section 6.2 of the Civil Service code of standards and behaviour states that civil servants, who have doubts about the legality of a particular action which they are required to take in the course of their official duties, should refer the matter to their superiors. It is then the responsibility of the supervisor or superior officer to issue a direction on the matter, following legal advice where necessary.

It should be noted, however, that there is no general obligation upon civil or public servants to report misconduct, breaches of duty or criminal behaviour they come across in the course of their duties. They may, however, like other citizens, report such matters to the Garda Síochána or to the Standards in Public Office Commission.