Alan Kelly (Tipperary, Labour)
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512. To ask the Tánaiste and Minister for Justice and Equality if all members of An Garda Síochána are in compliance currently and historically with SIPO requirements; and if he will make a statement on the matter. [54598/17]

Alan Kelly (Tipperary, Labour)
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524. To ask the Tánaiste and Minister for Justice and Equality if he will request the acting Garda Commissioner to confirm that all senior management in An Garda Síochána have complied fully and historically with SIPO legislation; and if he will make a statement on the matter. [54682/17]

Charles Flanagan (Laois, Fine Gael)
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I propose to take Questions Nos. 512 and 524 together.

I am advised by the Garda Commissioner that in January of each year, all personnel who occupy a “designated position of employment” in An Garda Síochána are informed of their obligations under the Ethics in Public Office Acts 1995 and 2001. A Section 18 Statement of Interests Form is attached as well as correspondence from the Standards in Public Office Commission (SIPO).

Prior to 2010, SIPO guidelines recommended that where a designated official had no interests to disclose, he/she should furnish a 'nil' statement, however this was never a legal requirement.

In the eighth edition of the guidelines (August 2010) for public servants on compliance with their obligations, SIPO withdrew this recommendation. On this basis, I am informed that personnel were subsequently notified that it is no longer necessary to provide a “nil” statement and were informed that it was the responsibility of each holder of a "designated position of employment" to ensure that he/she was in compliance with their obligations under the Ethics in Public Office Acts. In this context it is obviously not possible for An Garda Síochána (or any other public service body) to confirm with absolute certainty full historical compliance as the individuals had the option of not furnishing a statement. However, as the Deputy will be aware, following a request by the Public Accounts Committee last Summer, An Garda Síochána requested all relevant officers to confirm compliance with the Ethics in Public Office Acts. This was done through a survey conducted by the Office of the Chief Administrative Officer. I am advised that a total of 272 members were surveyed and 271 members responded. I understand that the remaining person was on extended sick leave.

I am further informed that last December, Garda management met with officials from SIPO to discuss how An Garda Síochána could enhance processes to ensure a robust approach to compliance with the Ethics in Public Office Acts.

The Commissioner has advised that correspondence will shortly issue to relevant personnel with regard to compliance with the Acts for 2017 and that, in the interest of good corporate governance, they will be requested to confirm compliance with the Acts by returning a statement of interests whether it is "Nil" or otherwise.

If the Deputy has a specific concern in relation to compliance with SIPO legislation, I would ask that he communicate the information to SIPO so that the matter can be properly investigated.