Written answers

Wednesday, 30 January 2008

Department of Finance

Proposed Legislation

8:00 pm

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context

Question 90: To ask the Tánaiste and Minister for Finance if the Government is planning amendments to the Ethics in Public Office Acts; and if he will make a statement on the matter. [2320/08]

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
Link to this: Individually | In context

Question 108: To ask the Tánaiste and Minister for Finance if the Government will amend the Ethics in Public Office Acts to allow the Standards in Public Office to appoint an inquiry officer without having received a formal complaint, in view of the fact that SIPO have urged the Government to do so on a number of occasions. [2321/08]

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context

Question 117: To ask the Tánaiste and Minister for Finance if he plans to amend the legislation governing the Standards in Public Office Act 2001 in order that it can initiate its own investigations of matters which may breach proper behaviour by persons in its area of responsibility. [2095/08]

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
Link to this: Individually | In context

Question 158: To ask the Tánaiste and Minister for Finance his views on the ten specific amendments to the Ethics in Public Office Act 1995 suggested by SIPO in its most recent annual report; and if he will make a statement on the matter. [2322/08]

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 90, 108, 117 and 158 together.

As I have informed the House on previous occasions, the Standards in Public Office Act 2001 already allows the Standards in Public Office Commission to carry out investigations on its own initiative, where it considers it appropriate to do so, on breaches of the provisions of the Ethics legislation, by persons in the Commission's area of responsibility, and as provided for by the legislation.

The Deputies will, of course, be aware that issues concerning a non-office-holding member of the Oireachtas would, in the first instance, be a matter for the Select Committee on Member's Interests of the relevant House.

As regards inquiry officers, again I have informed the House previously that I have no plans to amend the law to enable the Standards Commission to appoint an inquiry officer without having received a complaint. It is reasonable that a complaint to the Standards Commission should be required to commence the inquiry process, which, in itself, can carry serious consequences for the person who is to be the subject of it. Numerous categories of persons, including members of the public and any public representative, are entitled to make a complaint against the persons and office holders against whom complaints can be made to the Commission.

As regards the other changes to the Ethics legislation proposed by the Standards Commission in its last Annual Report, I do not propose to amend the definition of the term "specified act" used in the legislation, or to legislate for a complaint concerning failure to abide by certain defined ethical standards. The existing definition of "specified act" aims to strike a fair balance, and there are already Codes of Conduct to guide the ethical behaviour of Oireachtas members, office-holders and civil servants in their day-to-day business and these codes can be taken into account by the Standards Commission in an investigation of an alleged breach of the legislation.

The other Standards Commission recommendations are technical. One of them — about the furnishing of "nil" statements — is already provided for in the Ethics in Public Office (Amendment) Bill 2007 and I aim to circulate amendments to cater for the remainder of them in advance of the Committee Stage debate on the Bill when it is being taken in the House. My intention, assuming agreement among the Whips, is that the Bill should be taken in the current session.

Comments

No comments

Log in or join to post a public comment.