Annual Report 2002

Standards in Public Office Act (Standards Act)

The Standards Act has introduced a number of new provisions in the area of standards in public life. As already mentioned, these include provisions for codes of conduct and for the production of evidence of compliance with the Tax Acts for members of the Houses of the Oireachtas and senior public servants. The Standards Commission has a significant role in relation to both. Similar obligations concerning tax compliance by members of the judiciary are handled by the Judicial Appointments Board and the Government. Additionally, a number of provisions of the 1995 Act have been amended. Included are those concerning the powers of the Standards Commission to arrange for the examination of any person inside or outside the state and the granting of absolute privilege to members, advisers, officials or agents of the Standards Commission in the performance of their official functions.

As well as its new responsibilities under the Standards Act, the Standards Commission has inherited all of the functions conferred on its predecessor, the Public Offices Commission, under the Ethics and Electoral Acts.

The new elements of the Standards Act include a provision whereby complaints can be made to the Standards Commission where "specified persons" have acted in a way which is not consistent either with the proper performance of the functions of the relevant position or with the maintenance of public confidence, where the matter is one of significant public importance. "Specified persons" includes office holders, ordinary members of both Houses, special advisers, senior civil servants and directors and senior executives of state bodies. Without prejudice to the generality of the term "significant public importance", the Standards Act indicates it would cover any benefit received by the specified person, or a connected person, where the value was €13,000 or more.

Additionally, and in response to a direct suggestion by the former Public Offices Commission, the Standards Act provides for a procedure whereby the Standards Commission can engage Inquiry Officers to conduct preliminary inquiries into complaints under the Ethics Acts. Such preliminary inquiries would culminate in a report to the Standards Commission which could, if it had been requested, include an opinion as to whether prima facie evidence existed to sustain the complaint concerned.

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