Annual Report 2002

Codes of Conduct

The Standards Act provides for the introduction of codes of conduct which, by indicating standards of conduct and integrity for the persons to whom they relate, are intended to act as guidance in the performance of their particular range of official functions. Separate codes are prescribed covering members of both Houses of the Oireachtas, office holders (e.g. Ministers and Ministers of State) and directorships and positions in public bodies. In each case, the Standards Act requires that the Standards Commission will be consulted at the formulation stage and will publish all codes of conduct. The codes are an integral part of the regulation framework and are admissible in proceedings before a court, a Committee of the Dáil or Seanad or the Standards Commission.

Codes of Conduct for Members of both Houses of the Oireachtas

Separate codes of conduct for the members of both Houses of the Oireachtas were published by the Standards Commission during 2002, having been drawn up by the Committees on Members' Interests of each House, following consultation with the Standards Commission, and having been adopted by resolution of each House. In each case, the Standards Commission considered the draft codes in detail and suggested a number of amendments to the Committees. Neither Committee responded in any way to the suggestions made and none of the amendments were incorporated in the codes which went before the Houses for adoption. The Standards Commission intends to use the consultation machinery, which exists in relation to the operation of the Ethics and Electoral Acts, to address this matter further with the Committees in due course.

Code of Conduct for Office Holders

The Standards Act provides that the Government will give a draft of any proposed code to the Standards Commission and, before drawing up the code, will consider any submissions made to it by the Standards Commission in relation to the draft. In accordance with this procedure, the Standards Commission examined a preliminary draft of the proposed code of conduct in mid-2002 and provided a number of observations which were subsequently developed between the two parties. Towards the end of 2002, the final draft of the code, as approved by the Government, was provided to the Standards Commission for consideration. It is expected that, following its consideration by the Standards Commission, the final code will be published in 2003. The Standards Commission has reached broad agreement with the Government to provide a composite document for office holders which will include the Standards Commission's Guidelines on Compliance with the Provisions of the Ethics in Public Office Acts, 1995 and 2001 (published in December 2002), the code of conduct for office holders and the Government's Guidelines for Office Holders, dealing with supplies of property and services (published in August 1996, pursuant to section 15 (4) of the 1995 Act).

Codes of Conduct for Directorships and Positions in Public Bodies

The Standards Act provides that the Minister for Finance will draw up codes of conduct for holders of directorships and occupiers of positions in public bodies, after consultation with the Standards Commission and staff representatives. The codes will then be published by the Standards Commission. This is a diverse grouping which ranges from civil servants in Government departments and offices to directors and executives in a large number and variety of bodies in the wider public service. The Department of Finance has consulted on a general level with the Standards Commission during 2002 and that consultative process will be advanced in the course of 2003. Because of the diversity of the grouping to be covered by codes of conduct it is possible that a multiplicity of codes may emerge.

The Standards Commission, in co-operation with the Department of Finance and the public bodies concerned, would be disposed to considering ways in which it could expand its role in the promulgation of codes of conduct to include, for example, contributing to the training of public servants in ethical decision-making. A first step in this regard might be to incorporate, in the Performance Management Development System, a competency surrounding the use of a model for ethical decision-making.

Back to contents