Annual Report 2007

Scope of the Ethics Acts

Since 1994, the Minister for Finance has annually updated the regulations prescribing designated positions in Civil Service Departments and Offices and designated directorships and designated positions in organisations in the wider public service. This has greatly widened the scope of the Ethics Acts. The number of public bodies in the civil and public service in which directorships and/or positions have been prescribed for the purposes of the Ethics Acts has increased from less than 150 in 2004 to around 530 in 2007. The Standards Commission has welcomed these developments in previous annual reports.

It was intended that similar regulations would be made by the Minister in 2007 to take effect from 1 January 2008 to extend the legislation to approximately 20 more public bodies. However, these regulations were not made. It is understood that this occurred as a result of a concentration of resources in the Department of Finance on work related to the Ethics in Public Office (Amendment) Bill 2007 (see Chapter 4). While the Standards Commission accepts that such work is necessary, it has stressed in previous annual reports that it is extremely important that the regulations be kept up to date in order that potential or actual conflicts of interest are dealt with appropriately. The Department of Finance has informally indicated to the Standards Commission that the Minister will bring in amended regulations at an early date. However, the Standards Commission is concerned that the regulations have not been made and urges the Minister to ensure that these are given appropriate priority.

The Standards Commission wishes to emphasise the necessity for public bodies to ensure that persons who have obligations under the Ethics Acts in relation to disclosure of interests in relation to the provision of evidence of compliance with taxation legislation are notified of their responsibilities in good time to allow for compliance. All designated directors and designated employees should be briefed on their obligations as part of induction training and there should be structured follow-up, at least once a year, to remind them of the steps which are required to be taken to ensure compliance with the legislation. The Standards Commission is available to assist in this process and to provide direct guidance and advice on any specific issue relating to the provisions of the Ethics Acts as they may apply to individual designated directors and employees.

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