Press Releases

Press Release re Improper use of Public Resources

Date Released: 02.04.2009

TDs and Senators should not provide pre-paid Oireachtas envelopes (or other Oireachtas facilities) to candidates at the forthcoming local and European elections, according to the Standards in Public Office Commission. The Standards Commission regrets that the Committees on Procedure and Privileges of Dáil Éireann and of Seanad Éireann have decided not to recommend that Oireachtas envelopes be bar-coded in order that each envelope could be traced to the Member to whom it was issued and that public resources could thus be safeguarded. The Dáil Committee on Procedure and Privileges had decided that this arrangement should be put in place. However, the Seanad Committee subsequently decided against traceability. Following this, the Dáil Committee reversed its earlier decision and pre-paid Oireachtas envelopes are no longer bar-coded.

The Standards Commission considers that it is entirely inappropriate for members to pass such facilities on to other persons - such as election candidates - for personal, electoral or party political gain. Oireachtas facilities such as free pre-paid envelopes are provided at public expense to assist members in the performance of their functions as public representatives and the relevant codes of conduct require that such resources are used only for the purpose for which they are granted.

Members of the Oireachtas are granted a wide range of facilities and allowances at public expense. The grant of free postal facilities, for example, amounts to 1,750 pre-paid envelopes per month per member. The total cost to the tax payer is approximately €2.7 million per annum for postal charges and envelopes.

The Standards Commission is also disappointed to note that, notwithstanding previous correspondence with office holders and with the Chairpersons of the Committees on Members' Interests of Dáil Éireann and of Seanad Éireann, it continues to receive enquiries from concerned members of the public about this inappropriate use of Oireachtas facilities by persons who are not members of the Oireachtas.

Office holders (e.g., members of the Government and Ministers of State) are required to be guided by the provisions of the terms of the Code of Conduct for Office Holders which states that "official facilities should be used only for official purposes". The codes of conduct for members of Dáil Éireann and of Seanad Éireann also state that "in performing their official duties, Members must apply public resources prudently and only for the purposes for which they are intended."

The Standards Commission can confirm that, where a candidate at the European elections uses Oireachtas envelopes during the election period, it is regarded as an election expense and must be accounted for. It is also regarded as a donation from the Member who provides the envelopes. If the value of the donation exceeds €635, it must be disclosed on the candidate's Donation Statement. The name of the Member who provided the envelopes must also be disclosed. The Standards Commission understands that similar provisions may apply to local election candidates under the Local Elections (Disclosure of Donations and Expenditure) Act 1999, as amended.

The Chairman of the Standards Commission, Mr Justice M. P. Smith, has written to the Taoiseach about the relevant provisions of the Code of Conduct for Office Holders and has requested him to draw the attention of office holders to the Commission’s concerns. The Chairman has also written to the Chairman of the Dáil Committee on Members' Interests and the Chairman of the Seanad Committee on Members' Interests enclosing, for their information, a copy of the letter to the Taoiseach.

Standards in Public Office Commission
Telephone: 01-6395666
Fax:01-6395684

email: sipo@sipo.gov.ie
Website: http://www.sipo.gov.ie 

Note for Editors

The Code of Conduct for Office Holders was drawn up by the Government pursuant to section 10(2) of the Standards in Public Office Act 2001 and published by the Standards Commission in 2003. The term "office holder" within the meaning of the Ethics in Public Office Acts 1995 and 2001 refers to the Taoiseach, the Tánaiste, Ministers, Ministers of State and the Chairpersons and Deputy Chairpersons of Dáil Éireann and of Seanad Éireann.

Section 2.2.3 of the Code refers to the fact that office holders "are provided with facilities at public expense in order that public business may be conducted effectively". The section goes on to say that "use of these facilities should be in accordance with this principle". Section 2.2.3 further states that "official facilities should be used only for official purposes" and that "office holders should ensure that their use of officially provided facilities are designed to give the public value for money and to avoid any abuse of the privileges which, undoubtedly, are attached to office".

The Code of Conduct for Members of Dáil Éireann other than Office Holders was drawn up by the Committee on Members' Interests of Dáil Éireann under section 10(1) of the Standards in Public Office Act 2001 and adopted by Dáil Éireann in 2002. The Code of Conduct for Members of Seanad Éireann other than Office Holders was drawn up by the Committee on Members' Interests of Seanad Éireann under section 10(1) of the Standards in Public Office Act 2001 and adopted by Seanad Éireann in 2002.

The codes were published by the Standards Commission in accordance with its responsibilities under the Standards in Public Office Act 2001. The codes are available on the Standards Commission's website at http://www.sipo.gov.ie/en/CodesofConduct/

Supervision of the Ethics in Public Office Acts 1995 and 2001 in relation to members who are not office holders is a matter for the Committee on Members' Interests of each House.

The Standards Commission has a supervisory role in relation to the disclosure of donations and election expenditure at the forthcoming European elections. It does not have a supervisory role in relation to the disclosure of donations and election expenses at the local elections.

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