SOC(3)SC-E007 - Houses of the Oireachtas (ROI)
8 July 2008
Ms Sulafa Halstead
Clerk to the Committee on Standards of Conduct
Assembly Parliamentary Service
Cardiff Bay
Cardiff CF99 1NA
Wales
Re: Public Consultation: Assembly measure to establish a statutory role of Commissioner of Standards - invitation to respond
Dear Ms Halstead,
I refer to your letter of 6 June 2008 concerning public consultation on the Assembly measure to establish a statutory role of Commissioner for Standards.
Please find attached response from the Office of the Houses of the Oireachtas.
Should you require any further information please do not hesitate to contact me
Yours sincerely,
Gina Long
Journal Office
Tel: 6183740
Annex 1
Consultation questions:
1. The proposed Measure relates to establishing a statutory Commissioner for Standards. Would it be better for the Assembly to tackle the issue in an alternative way?
Ireland opted for the statutory route which in effect means standards are being regulated in the main by an external body - the Standards in Public Office Commission, an alternative was for each lead House to make its own rules/Standing Orders to regulate same.
The Standards in Public Office Commission (Standards Commission) is an independent body which was established by the Standards in Public Office Act 2001. It replaced the Public Offices Commission which was established by the Ethics in Public Office Act 1995.
The functions of the Standards Commission are as follows:
The Standards Commission has a supervisory role under:
The Ethics in Public Office Act 1995, as amended by the Standards in Public Office Act 2001, (the Ethics Acts).
The Electoral Act 1997, as amended, (the Electoral Acts).
The Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001, (the Party Leaders' Allowance Act).
The Standing Committee on Members’ Interests of Dáil Éireann is established following the reassembly of the Dáil subsequent to a General Election to perform the functions conferred on it by the Ethics in Public Office Acts 1995 and 2001.
2. The Auditor-General for Wales and the Public Service Ombudsman for Wales are "watchdog” bodies which are independent of the National Assembly for Wales and established in law. Should the status of the Commissioner for Standards be established in law in the same way?
The Standards in Public Office Commission (Standards Commission) is an independent body which was established by the Standards in Public Office Act 2001.
3. The Auditor-General for Wales and the Public Service Ombudsman for Wales are currently appointed by the Monarch on the recommendation of the Assembly. How should the Commissioner for Standards be appointed?
Section (2A) of the Standards in Public Office Act, 2001 provides that
"The appointment of a person to be the chairperson of the Commission shall be made by the President on the advice of the Government following resolutions passed by each House recommending the appointment.”
4. The Commissioner for Standards is currently appointed for a 4 year period. The Auditor-General for Wales is appointed for 5 years and the Public Service Ombudsman for Wales for 7 years. The Scottish Standards Commissioner is appointed for 6 years and the Parliamentary Standards Commissioner of 5 years. How long should the Commissioner for Standards be appointed for?
Section (2C) of the Standards in Public Office Act, 2001 provides that
"Subject to the provisions of this section, a person appointed to be the chairperson of the Commission shall hold office for a term of 6 years and may be reappointed to that office for a second or subsequent term.”
5. The current Commissioner for Standards is paid an annual retainer and receives fees on a basis of days worked. The posts of Auditor-General for Wales and the Public Services Ombudsman for Wales are funded from the Welsh Consolidated Fund. How should the post of Commissioner for Standards be funded?
Section (2D) of the Standards in Public Office Act, 2001 provides that:
"The chairperson of the Commission (other than a chairperson who is the holder of a judicial office) shall be paid such remuneration (if any) as may be determined by the Minister”.
6. The Commissioner for Standards is currently supported by Assembly Parliamentary Service staff who are not appointed exclusively to support his work. Should the Standards Commissioner have dedicated staff and should he or she be able to appoint his/her own staff, or be supported by another organisation such as the office of the Public Services Ombudsman?
The staff of the Secretariat of the Standards Commission is provided by the Office of the Ombudsman.
7. Should the Commissioner for Standards have a role in promoting a framework for high standards in public life?
The principal ongoing functions of the Standards Commission are to provide advice and guidelines on compliance with the Ethics Acts, to administer the disclosure of interests and tax clearance regimes and to investigate and report on possible contraventions of the legislation.
Section 10 of the Standards in Public Office Act 2001 provides for the introduction of Codes of Conduct which set out the standards of conduct and integrity expected to be observed by the persons to whom they relate in the performance of their official duties.
The Standards Commission is responsible for the publication and distribution of Codes of Conduct. The Codes themselves are drawn up by other parties, following consultation with the Standards Commission.
The Codes of Conduct for Members of Dáil Éireann and for Members of Seanad Éireann were drawn up by the appropriate Committees on Members' Interests while the Code of Conduct for Office Holders was drawn up by the Government. The Civil Service Code of Standards and Behaviour was issued by the Minister for Finance by way of a Circular (26/04).
8. Should the Commissioner for Standards be able to give general advice on standards of conduct?
The Standards Commission may give advice under the Ethics Acts and the Electoral Acts. The Standards Commission is required to respond within 21 days of receipt of a request for advice either by providing the advice or by notifying the person making the request of its decision to decline to do so.
Individual members of staff of the Standards Commission Secretariat have delegated authority to give advice under the Ethics Acts and the Electoral Acts.
9. Should the Commissioner for Standards advise Assembly Members on their conduct as well as investigating complaints?
The Standards in Public Office Commission (the Standards Commission) has a supervisory role under three separate pieces of legislation as follows:
The Ethics in Public Office Act 1995, as amended by the Standards in Public Office Act 2001, (the Ethics Acts).
The Electoral Act 1997, as amended, (the Electoral Acts)
The Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001, (the Party Leaders Allowance Act)
Functions of the Standards Commission under the Ethics Acts
The principal ongoing functions of the Standards Commission are to provide advice and guidelines on compliance with the Ethics Acts, to administer the disclosure of interests and tax clearance regimes and to investigate and report on possible contraventions of the legislation. These functions of the Standards Commission apply to office holders and to public servants and, in relation to tax compliance measures, to all members of the Houses. Apart from matters relating to tax clearance, the Committees on Members' Interests of both Houses have functions similar to those of the Standards Commission in relation to members of the Houses who are not office holders.
Functions of the Standards Commission under the Electoral Acts
The Electoral Acts require the Standards Commission to monitor and, where it considers it appropriate to do so, to report to the Chairman of Dáil Éireann on matters relating to -
the acceptance and disclosure of donations received by political parties, Members of both Houses and of the European Parliament and candidates at Dáil, Seanad, European Parliament and presidential elections
the opening and maintenance of political donations accounts
the limitation, disclosure and reimbursement of election expenses
State financing of qualified political parties
the registration of "third parties" (i.e. campaign / lobby groups or individuals which accept a donation for political purposes which exceeds €127 in value) and other persons.
The Standards Commission may conduct whatever enquiries are necessary in the discharge of its statutory functions.
The Standards Commission is required, from time to time, to draw up and publish guidelines and provide advice on compliance to persons who are covered by the provisions of the Electoral Acts. A person must act in accordance with guidelines published or advice given by the Standards Commission, unless, by doing so, he or she would be contravening another provision of the Electoral Acts.
The Standards Commission is also required to facilitate the inspection and copying, by any person, of Donation Statements, Election Expenses Statements, etc., furnished to it under the legislation.
Functions of the Standards Commission under the Party Leaders Allowance Act
The Standards Commission must consider each statement and auditor's report furnished to it and, if necessary, consult with the party leader on any matter contained in the statement. The Standards Commission is also required to furnish a report to the Minister for Finance indicating whether the statement and auditor's report have been submitted within the specified period. It must also indicate whether any unauthorised expenditure is disclosed and whether the statement is adequate or inappropriate.
The Standards Commission must cause a copy of the report to the Minister for Finance to be laid before each House of the Oireachtas. A copy of the statements and auditors' reports must be retained by the Standards Commission for 3 years and must be made available for public inspection and copying.
10. Should the Commissioner for Standards have independent discretion to decide whether or not a complaint merits investigation or to initiate an investigation?
Section 4(5) of the Standards in Public Office Act, 2001 provides that
"Where the subject matter of a complaint made or referred to the Commission is not, in the opinion of the Commission, of sufficient gravity to warrant investigation by the Commission the Commission, at its discretion, either, shall not investigate it or shall refer it-
(a) in case it relates to a person who is or, at the time to which the complaint relates, was a member, to such committee of the House concerned as it considers appropriate,
(b) In case it relates to a person who is or, at the time aforesaid, was the holder of a designated directorship or any directorship, or the occupier of a designated position or any position, in a public body, to the head of the body,
(c) In the case it relates to a person who is or was at the time aforesaid a special adviser, to the office holder to whom he or she is or was acting as a special adviser.”
11. Should the Commissioner for Standards have the powers to be able to summon persons, and require papers and records to be provided?
Section 18(1) of the Standards in Public Office Act, 2001 provides that:
"The chairman of a Committee may for the purposes of the functions of the Committee and the chairperson of the Commission may for the purposes of the functions of the Commission direct in writing any person to make discovery on oath of any documents that are or have been in the possession or control of the person relating to any matter relevant to the functions of the Committee or, as the case may be, the Commission and to specify in the affidavit of documents concerned any documents mentioned therein which the person objects to produce to the Committee or as the case may be, the Commission and the grounds for the objection; and the rules of court relating to the discovery of documents in proceedings in the High Court shall apply in relation to the discover of documents pursuant to this subsection with any necessary modifications.”
12. Should the Commissioner for Standards have the ability to make findings and conclusions public?
Section 24 of the Ethics in Public Office 1995 provides that:
24.—(1) Subject to subsection (2) and section 31, where the Commission carries out an investigation under section 23, it shall prepare a report in writing of the result of the investigation and shall furnish a copy of the report to—
( a ) the person the subject of the investigation,
( b ) if the investigation followed a complaint under section 22, the person who made the complaint, and
( c ) (i) in case the person the subject of the investigation is or was an office holder and the Commission has determined that he or she has contravened Part II, III or IV, the Committee, and
(ii) in any other case—
I. the Minister, or
II. if, at the time of the alleged contravention concerned, the person occupied a position in a Department of State or office administered by a Minister of the Government other than the Minister, that Minister of the Government.
13. Should the Commissioner for Standards report directly to the Assembly, or to the Standards of Conduct Committee?
The Standards Commission is required to produce reports under the Ethics Acts, the Electoral Acts and the Party Leaders Allowance Act.
Under the Ethics Acts, the Standards Commission furnishes an annual report of its activities to the Minister for Finance.
Under the Electoral Acts it furnishes reports to the Chairman of Dáil Éireann (Ceann Comhairle) in relation to its supervision of Dáil, Seanad, European and presidential elections. It also furnishes reports to the Ceann Comhairle on the annual disclosure of donations received by TD's, Senators, MEP's and political parties.
With regard to the state financing of political parties, the Standards Commission reports to the Ceann Comhairle on the expenditure of funding received by political parties under the Electoral Acts and to the Minister for Finance on the expenditure of funding received by the parliamentary leaders of political parties under the Party Leaders' Allowance Act.
The Standards Commission may also produce other reports relating to its supervision of the Ethics Acts or Electoral Acts as it considers appropriate.
14. Should the Commissioner for Standards have the same role relating to Ministers as for other Assembly Members?
The broad focus of the Ethics Acts is to provide for disclosure of interests, including any material factors which could influence a Government Minister or Minister of State, a member of the Houses of the Oireachtas or a public servant in performing their official duties
Under the Ethics Acts, as well as disclosing interests, evidence that they are tax compliant must be furnished to the Standards Commission by all members of both Houses of the Oireachtas, the Attorney General and appointees to senior office in public bodies. The legislation also requires the drawing up of codes of conduct for ordinary members of the Houses, for office holders (e.g. Ministers of the Government and Ministers of State) and for public servants.
