Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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387. To ask the Minister for Public Expenditure and Reform if it is permitted, under the public service codes of conduct, for a public or civil servant to refuse to give a statement to An Garda Síochána during the course of a criminal investigation, either in his or her own name or anonymised, in which that public or civil servant has been requested to give a statement in his or her specific capacity or function as a public servant and in which the nature of the statement being sought by An Garda Síochána is related specifically, and precisely, to work performed during the course of their employment as a public servants. [50856/21]

Michael McGrath (Cork South Central, Fianna Fail)
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Codes of Conduct are in place for civil servants, local authority members and employees, office holders, Senators, and TDs. They are available on the website of the Standards in Public Office Commission. They are drawn up in accordance with and as required by the relevant statutory provision. For example, the Civil Service Code of Standards and Behaviour is drawn up pursuant to Section 10(3) of the Standards in Public Office Act 2001.

The Civil Service Code of Standards and Behaviour, issued under the auspices of my Department, sets out a framework for civil servants to work within. Under the code, civil servants must deliver services to a high standard, behave appropriately at work and maintain the highest standards of probity.

Section 6.1 of the Civil Service Code of Standards and Behaviours states that the work of the Civil Service is carried out within a framework of law and it is the duty of all civil servants to respect these legal constraints. Section 7.1 requires all civil servants to deal with queries from members of the public in an open and helpful way while Section 7.3 reiterates the requirement under the Official Secrets Act 1963 that all civil servants avoid improper disclosure of information gained in the course of their official work.

While there is no code of conduct for members of the wider public service, certain public servants including those who hold 'designated positions' under the legislation must adhere to the Ethics Acts, i.e. the Ethics in Public Office Act 1995 and the Standards in Public Office Act 2001, and the Code of Practice for the Governance of State Bodies which is available on the Department of Public Expenditure and Reform’s website.

While there are no provisions in the Codes of Conduct that I mentioned above covering the scenario outlined, the Deputy may have a particular case in mind that has arisen in connection with a particular public service role for which a sectoral Code of Conduct may apply which is not under the auspices of my Department.  In such a case, he may wish to raise the issue with the Minister responsible for the sector in question.