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Annual Report 2008
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.
In its Annual Report for 2007, the Standards Commission stated that regulations extending the scope of the regulations prescribing designated positions in Civil Service Departments and Offices and designated directorships and designated positions in organisations in the wider public service had not been made to take effect on 1 January 2008 as intended and in accordance with practice in previous years. The regulations were subsequently made with effect from 25 April 2008. Further regulations were made in December 2008 and took effect from 1 January 2009. The consequence of these regulations was to extend the scope of the disclosure provisions of the Ethics Acts from around 530 in 2007 to over 670 in 2009.
The Standards Commission wishes to re-emphasise the necessity for public bodies to ensure that persons who have obligations under the Ethics Acts in relation to disclosure of interests, or 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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