Finian McGrath (Dublin North Central, Independent)
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58. To ask the Minister for Public Expenditure and Reform the options open to a public servant when they are ordered to carry out a direction that they know is morally and ethically wrong; and if he will make a statement on the matter. [24968/14]

Brendan Howlin (Wexford, Labour)
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The Standards in Public Office Act 2001 provides for the adoption of codes of conduct, which would set down the standards of conduct and integrity to be followed by public servants and public representatives in the performance of their functions. To date, codes have been published under the Ethics Acts for office holders, TDs, Senators, civil servants, and under the Local Government Acts for members and staff of Local Authorities. 

The Civil Service Code of Standards and Behaviour, drawn up in accordance with section 10 of the Standards in Public Office Act 2001, for example, provides a duty on civil servants to work within a framework of law. It provides in particular that they must never act in a manner which they know, or suspect, is illegal, improper, or unethical or for which they have no authority and they must exercise any discretion conferred by law in a bona fide manner in accordance with the intentions of the statue. Where they have doubts about the legality of a particular action which they are required to take in the course of their official duties, they are instructed to refer the matter to their superiors whose responsibility it is to issue a direction on the matter, following legal advice where necessary.  

Similar obligations and requirements apply to public servants generally including, for example, under various sectoral codes that are in place.