Mairead Farrell (Galway West, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

396. To ask the Minister for Public Expenditure and Reform if the Standards in Public Office Commission cannot hold investigations unless the six members are in situ and present; and the date by which the two recently retired commissioners will be replaced. [20722/20]

Michael McGrath (Cork South Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

The Standards in Public Office Commission is comprised of six members, and is supported by a Secretariat. The roles of Chairperson and Ordinary Member are currently vacant, and will be filled in due course in accordance with the process outlined in the Standards in Public Office Act 2001.

The Commission is responsible for the oversight and administration of the Ethics in Public Office Act 1995, the Standards in Public Office Act 2001 (together known as the Ethics Acts), the Electoral Act 1997 (as amended), the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014, and the Regulation of Lobbying Act 2015.

I am advised by the Commission that the majority of their work continues notwithstanding any vacancies that arise. The only limitation that arises in the event of vacancies on the Commission is in respect of proceeding to an investigation under section 23 of the Ethics Acts. However the Acts explicitly contemplate vacancies arising, and this enables the appointment of inquiry officers who may conduct preliminary inquiries into complaints.

The Commission is not statute-barred from progressing any other matter, including its operational and investigative responsibilities under the Electoral Act, the Regulation of Lobbying Act and the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014.