Mairead Farrell (Galway West, Sinn Fein)
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220. To ask the Minister for Finance in a situation where a Minister had responsibility for an area such as consumer mortgage arrears, if his or her own credit history would be relevant and hence should be declared if he or she were currently or previously in significant arrears, given that the ministerial code of conduct requires Ministers to "avoid any real or apparent conflict of interest"; and if he will make a statement on the matter. [11313/23]

Michael McGrath (Cork South Central, Fianna Fail)
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In general, issues of conflicts of interest that can arise for Oireachtas members and office holders fall under the statutory framework for Ethics, which consists of the Ethics in Public Office Act 1995 as amended by the Standards in Public Office Act 2001 - collectively called the ‘Ethics Acts’ and currently under the auspices of my Department.

For example, the Ethics Acts provide inter aliathat a Minister or Minister of State who proposes to perform a function of his or her office and who has actual knowledge that they or a connected person has a material interest in a matter to which the function relates shall furnish the Taoiseach and the Standards in Public Office Commission with a statement in writing of those facts and of the nature of the interest.

In such cases, a “material interest” is deemed to exist if the consequence or effect of the performance by the person of a function or any decision made in relation to a function, may be to confer on or withhold from them (or a connected person) a significant benefit or impose on them a significant loss, liability, or other disadvantage without also conferring it on, withholding it from or imposing it on persons in general or a class of persons.

Ministers and Ministers of State are made aware of their obligations under the Ethics Acts when taking up office and they are responsible for making the written statements referred to above should the circumstances described arise.

The Ethics Acts also provide that the Government shall from time to time draw up codes of conduct for the guidance of office holders, and, as the Deputy’s question suggests, such a code has issued (The Code of Conduct for Office Holders). This seeks to ensure that office holders must at all times observe, and be seen to observe, the highest standards of ethical behaviour in carrying out their functions. Office holders are required to have regard to and be guided by this Code in the performance of their functions and in relation to any other matters specified in the Code.

Mairead Farrell (Galway West, Sinn Fein)
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221. To ask the Minister for Finance in light of his review of the ethics framework, the measures he is considering to improve the oversight of potential conflicts of interest, and sanctions for having failed to declare a conflict of interest when a Minister has authority or jurisdiction over the relevant area; and if he will make a statement on the matter. [11314/23]

Michael McGrath (Cork South Central, Fianna Fail)
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As the Deputy notes, the recently published Review of the statutory framework for Ethics made a number of recommendations on the statutory framework that broadly focus on five key themes:

- A legislative framework for Ethics to be underpinned by a set of overarching integrity principles.

- New specific statutory prohibitions, including on the use of insider information.

- Strengthening disclosures requirements to improve transparency and examining whether the regime should encompass more office-holders.

- Strengthening the Standards in Public Office Commission (SIPO).

- Post-term employment restrictions for elected officials/public servants that address matters not already covered by lobbying regulation and should align closely with that legislation.

My Department is now preparing a General Scheme for reform the statutory framework informed inter aliaby the outcome of the Review.

In the matter of conflicts of interest, the approach will be to strengthen significantly the obligations on public officials to disclose, as a matter of routine, any actual and potential conflicts of interest. On the matter of sanctions, the draft scheme will address necessary powers of enforcement and sanction for non-disclosure and non-compliance.

In this, the Government’s ultimate goal is to create a fit-for-purpose, easy to understand and user-friendly ethical framework that contributes to the quality and efficacy of our public administration.