Press Releases

Press Release - Annual Report 2010

Date Released: 27.07.2011

PRESS RELEASE - 27 July 2011

STANDARDS IN PUBLIC OFFICE COMMISSION ANNUAL REPORT 2010

Standards Commission must be independent

The Standards Commission should be allowed to report under the Ethics Acts directly to the Houses of the Oireachtas, rather than to the Minister for Finance as at present, says Mr Justice M. P. Smith, Chairman of the Standards in Public Office Commission, in the ninth annual report of the Standards Commission published today.

The Standards Commission is an independent body established by statute. Its annual reports, however, are furnished to the Minister for Finance who must lay the annual report before each House of the Oireachtas within 2 months. It is the act of laying the report that triggers publication and circulation of the report to the members of the Oireachtas and to the public. The Commission does not therefore control the date of publication of its own report and this is not appropriate for an independent body. Its independence is recognised in the Electoral Acts where the Commission reports to the Houses of the Oireachtas and not the Minister. In contrast to the Commission, independent office holders, such as the Comptroller and Auditor General and the Ombudsman, submit their reports directly to the Houses of the Oireachtas. The Standards Commission considers that its independence should be similarly recognised (pages 7 to 8).

Recommendations for change

The Commission again highlights what it believes are necessary changes to the Ethics, Electoral and Party Leaders Allowance legislation in Appendix 4 of the report (pages 41 to 44). To ensure a level playing field between candidates at elections and in order to ensure transparency, the Standards Commission emphasises that the use of public funds for electoral purposes should form part of electoral law and not legislation dealing with the Houses of the Oireachtas Commission. An example cited by the Commission is the use by outgoing members of Oireachtas resources and facilities following the dissolution of Dáil Éireann. The Commission will comment further on this in its forthcoming report on the 2011 General Election.

The Standards Commission welcomes the proposals in the government's Programme for National Recovery 2011 - 2016 for wide-ranging legislative changes which will address several of the Commission's concerns. The Chairman in his introduction noted that the Ethics legislation, which embraces both the Ethics in Public Office Acts and the Local Government Act 2001, is complex and contains many anomalies. He said that he had written to the Minister for Environment, Heritage and Local Government about the lack of a specific complaints mechanism and about other concerns of the Commission arising from the investigation into an employee of Mayo County Council. The Standards Commission would welcome statutory and other measures to address these concerns (page 7).

Investigations

The Standards Commission completed two investigations into a Donegal County Councillor and an employee of Mayo County Council which were initiated during 2010. In addition, an investigation into complaints referred to the Commission by the Committee on Members' Interests of Seanad Éireann concerning former Senator Ivor Callely was discontinued when Mr Callely ceased to be a member of Seanad Éireann on 25 April 2011. The Standards Commission appointed an Inquiry Officer to conduct preliminary inquiries into complaints received on four occasions during 2010. Two of those preliminary inquiries remain ongoing. During the previous eight years of the Commission's existence, it had completed one investigation under the Ethics Acts and appointed an Inquiry Officer on only two occasions (pages 19 to 23).

The Chairman of the Standards Commission in his introduction to the annual report reiterated the Commission's proposal to the then Minister for Finance that it be allowed to sit for the purposes of an investigation hearing or for the purposes of a decision relating to an investigation with a quorum of three of the six members of the Commission, rather than all six as at present. He noted that given the already heavy demands on the time of the ex officio members of the Commission - the Comptroller and Auditor General, the Ombudsman and the Clerks of Dáil and Seanad Éireann - arising from their official duties, it is very difficult, sometimes at very short notice, to find dates and times on which all members are free to attend. The reduced number required would also be more in line with current demands for ensuring efficiency whenever possible. He stated that it may also be opportune to provide for other more flexible means of investigation, particularly for minor cases, and reserve the full public hearing for more serious matters.

Standards in Public Office Commission Annual Report 2010

The Standards Commission is the independent body charged with oversight of the Ethics and Electoral legislation. The members of the Standards Commission are:

• Mr Justice M. P. Smith, Chairman;
• Mr John Buckley, Comptroller and Auditor General;
• Ms Emily O'Reilly, Ombudsman;
• Mr Kieran Coughlan, Clerk of Dáil Éireann;
• Ms Deirdre Lane, Clerk of Seanad Éireann; and
• Mr Michael Smith, former Minister and TD.

For further information please contact SIPOC at (01) 639 5666, or

David Waddell (01) 6395707
Email: sipo@sipo.gov.ie
Website: www.sipo.gov.ie

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