Written answers

Tuesday, 20 March 2007

Department of Finance

Proposed Legislation

11:00 pm

Paul McGrath (Westmeath, Fine Gael)
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Question 111: To ask the Minister for Finance the circumstances in which a gift to a serving Minister will be deemed to be a conflict of interest under the proposed new amendment to rules governing ethics in public office. [10206/07]

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The Deputy will be aware that office holders and members of the Dáil and the Seanad may accept a gift in only limited circumstances. The Taoiseach and Tánaiste announced in October that the Ethics legislation would be amended to require an office holder or member, before accepting a significant gift or loan, to seek the opinion of the Standards in Public Office Commission that acceptance of it would not be likely to compromise the recipient in the discharge of his or her official duties, and to abide by the Commission's opinion. A Bill to this effect is currently being drafted.

The key provisions of the Bill will be as follows:

to require office holders, members of the Oireachtas and the Attorney General, if offered a gift or gifts, or a loan or loans of money, worth 2,000 euro or more in any calendar year from a friend for personal reasons, to seek the opinion of the Standards in Public Office Commission as to whether acceptance would be likely to compromise the recipient in the performance of his or her official duties, and to abide by the Commission's opinion;

this requirement will also apply to property lent or services supplied for less than the commercial price by 2,000 euro or more;

to update the monetary thresholds for registerable interests in the Ethics in Public Office Act 1995;

to provide that consulting the Standards Commission will be a confidential process and that the opinion of the Standards Commission will also be confidential. However, all office holders, Oireachtas members and the Attorney General will be required to furnish a statement to the Standards Commission each year that they are in compliance with the new requirement, as part of their annual returns; and

to provide that if an office holder, Oireachtas member or Attorney General fails to seek the opinion of the Standards Commission or fails to abide by its opinion, he or she can be the subject of an investigation by the Standards Commission, on the lines currently provided for in the Ethics legislation, which will result in a report or decision of the Standards Commission on the matter being laid before the Oireachtas.

I wrote last week to the Chairmen of the Select Committees on Members' Interests of the Dáil and the Seanad setting out the key provisions and asking the Committees to give their views on them as soon as possible. The Government intends to introduce the Bill in the current session.

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