Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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398. To ask the Minister for Housing, Planning, and Local Government given reports that non-party/independent councillors are aligning to endorse a presidential candidate through county council influence, the transparency or regulation safeguards which exist for endorsements that may involve public property, resources, or public employees; if any funding is being used or diverted in ways connected with such alignments; and the way in which such practices are being monitored to ensure fair democratic process. [50411/25]

James Browne (Wexford, Fianna Fail)
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Article 12 of the Constitution sets out the basic provisions in relation to the office of President. Article 4 2° states that “every candidate for election, not a former or retiring President, must be nominated either by (i) not less than twenty persons, each of whom is at the time a member of one of the Houses of the Oireachtas, or (ii) by the Councils of not less than four administrative Counties (including County Boroughs) as defined by law.” Article 12 3° states that “[N]o person and no such Council shall be entitled to subscribe to the nomination of more than one candidate in respect of the same election.”

Section 16 of the Presidential Elections Act, 1993 provides in law for the nominations by councils of persons to be candidates at a presidential election. This section provides for the regulation of the procedure for such nominations.

The public is entitled to expect conduct of the highest standard from all those involved in the local government service. Ethical conduct in public office continues to be governed by the Ethics in Public Office Act 1995 and the Standards in Public Office Act 2001 (‘the Ethics Acts’), and, at local level, by Part 15 of the Local Government Act 2001, as amended.

Part 15 of the 2001 Act provides an ethical framework for local government, which imposes a statutory duty on all in the service to maintain proper standards of integrity, conduct and concern for the public interest. This is further supplemented by codes of conduct issued by my Department, following consultation with the Standards in Public Office Commission, to local authorities. There is one code of conduct for councillors and one for employees. The codes of conduct further set out principles and standards of behaviour that all in the local government service must adhere to in the performance of their duties.

In relation to allegations of breaches of the Local Government Act, any allegations of a criminal nature should be brought to the attention of An Garda Síochána for investigation, as appropriate. Allegations of breaches of ethics rules by a member or employee of a local authority should be dealt with in accordance with the Ethics Framework for Local Government as set down in Part 15 of the Local Government Act 2001 (as amended). Part 15 of the 2001 Act also confirms the oversight role of the Standards in Public Office Commission (SIPO), which has investigatory and reporting functions as to both breaches of the Local Government and Ethics Acts at local authority level. SIPO is independent in the performance of its functions. My Department has no function in relation to examining such complaints.