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Annual Report 2005
Position in relation to Deputy Michael Collins
In its annual reports for 2003 and 2004, the Standards Commission set out the position in regard to Deputy Michael Collins and steps taken by him arising from the requirements of the 2001 Act relating to evidence of compliance with the Tax Acts. In summary, Deputy Collins provided a Tax Clearance Certificate and a Statutory Declaration to the Standards Commission on 14 June 2002 in fulfilment of these requirements. Subsequently, on 26 September 2003, his name was published in Iris Oifigiúil as the holder of a bogus non-resident account. The Standards Commission considered this development and sought legal advice in relation to the evidence of tax compliance which it had received from Deputy Collins pursuant to section 21 of the 2001 Act. The Standards Commission was advised that neither the 1995 Act nor the 2001 Act gave it any authority, in the absence of a complaint, to investigate the actions of Deputy Collins, as a member of Dáil Éireann. The powers of the Standards Commission, in relation to the initiation of an investigation without a complaint, do not extend to a member of a House of the Oireachtas who is not an office holder. The Standards Commission also considered whether the 2001 Act would permit an investigation of the validity of the evidence of tax compliance provided by Deputy Collins and, having regard to legal advice, concluded that it would not.
In these circumstances, the Standards Commission drew the attention of the Minister for Finance, as sponsor of the enabling legislation, to the limitations of the Ethics Acts which had been brought to light in these particular circumstances. It brought the matter to the attention of the Committee on Members' Interests of Dáil Éireann as the body which, under the Ethics Acts, is charged with the supervision of the Ethics Acts relating to members of Dáil Éireann who are not office holders and it referred the matter to the Director of Public Prosecutions (DPP) for his consideration of whether any offence had been committed by Deputy Collins.
Subsequently, and pursuant to section 22(2)(5)(b) of the 1995 Act (as inserted by Schedule 1 of the 2001 Act), the Committee on Members' Interests of Dáil Éireann determined by resolution that an investigation should be carried out by the Standards Commission. The Chairman of the Committee made a complaint in writing to the Standards Commission in relation to the matter. Investigation of the complaint by the Standards Commission commenced and Deputy Collins was notified accordingly. In addition, the Office of the DPP indicated to the Standards Commission that it had referred the matter to An Garda Síochána for investigation.
In June 2004, having considered views expressed in correspondence from the DPP and also observations made to it by Deputy Collins, the Standards Commission decided to suspend its investigation into the complaint until such time as the matter has been dealt with by the DPP. At the time of writing, the matter is still under consideration by the DPP and An Garda Síochána and there is no indication of when a decision may be reached.
The Standards Commission is concerned at the length of time this matter has been under consideration and urges that it be resolved without further delay.
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