Appendix 4: Recommendations for change
In previous Annual Reports, the Standards Commission summarised its
recommendations for changes to ethics and electoral legislation. The major
proposals are summarised in this Appendix, along with updates on any progress
which may have taken place in the meantime. Minor proposals, such as technical
amendments, are referred to in previous annual reports.
Proposed amendments to the Ethics Acts and related legislation
- a comprehensive act consolidating the Ethics Acts and all other legislation
providing for disclosure of interests and related provisions for public officials
(Annual Report 2009);
- a comprehensive public interest disclosure and whistleblower protection law
(Annual Report 2009);
- amendment of the provisions for complaints about a ‘specified act’ to allow
reference to a high level statement of the ethical principles to be followed
by public servants and public representatives (Annual Report 2009);
- amendment of the definition of ‘connected person’ to provide that a person
is a “connected person” to a company of which he or she is a director and
that the other directors of that company are also “connected persons” to that
person (Annual Report 2009);
- requirement that liabilities be disclosed as ‘registrable interests’ (Annual Report
2009);
- power to appoint an Inquiry Officer to conduct a preliminary enquiry into a
matter in the absence of a complaint under the Ethics Acts (Annual Report
2004);
- provision for a quorum of not less than three members (including in all cases,
the Chairman) be provided for the hearing of an investigation under the Ethics
Acts (Annual Report 2008);
- proposal that motions be initiated in the Houses of the Oireachtas to designate
the Chairpersons of Oireachtas Committees as office holders for the purposes
of the Ethics Acts (Annual Report 2005); The Minister for Finance decided not
to move the resolutions. (Annual Report 2008);
- amendments to the time limits within which statutory declarations, tax
clearance certificates and application statements are to be made or issued
and furnished to the Standards Commission by elected members and by
appointees to senior positions and directorships in the public service. The
Civil Law (Miscellaneous Provisions) Act 2008 amends the deadline for the
making of a statutory declaration by a person recommended for appointment
to judicial office from one month to three. A similar provision for elected
members and senior public servants is required. (Annual Report 2003);
- adoption of a code of conduct for public servants and members of state
boards in the wider public service (Annual Report 2003).
Proposed amendments to the Electoral Acts
- As the body with responsibility for supervising the Electoral Acts, the Standards
Commission should have a statutory basis on which to review the legislation
and report on its findings. (Review of the Electoral Acts, 2003);
- Certain sections of the Act need to be amended to take account of the fact
that members of local authorities and candidates at local elections have their
own reporting requirements under the Local Elections (Disclosure of
Donations and Expenditure) Act 1999, as amended (Review of the Electoral
Acts, 2003);
- Consideration should be given to imposing some accountability, in the context
of the spending limits, in respect of a specified period prior to commencement
of the legally defined election period (i.e., that the election period might be
extended to include a period prior to the dissolution of the Dáil or moving of
the writ at an election). (Review of the Electoral Acts, 2003);
- The definition of what constitutes a “third party” should not be determined on
the basis of whether an individual/group has received a donation but should
focus on spending by individuals/groups and to regard them as third parties
if they intend to incur expenditure over a certain threshold, say €5,000,
in relation to a campaign which is for political purposes as defined in the
legislation. (Review of the Electoral Acts, 2003; and, 2009 Report on third parties
at the Referendum on the Treaty of Lisbon);
- The registration process for “third parties” and for “other persons” (who intend
to incur election expenses) should be amalgamated. (There should be no need
for a individual/group to register as a “third party” and to also register as an
“other person”.) (Review of the Electoral Acts, 2003);
- Consideration should be given to imposing a limit on the amount of
expenditure which may be incurred by a “third party”/”other person” at an
election. For example if a “third party”/”other person” is opposing a particular
candidate at an election the amount of expenditure which can be incurred by
the “third party”/”other person” should not exceed the statutory spending limit
applicable to that candidate. (Review of the Electoral Acts, 2003);
- To ensure a level playing field between candidates, and a degree of transparency,
the use of public funds for electoral purposes should form part of the electoral
code rather than other legislation which patently has quite a separate purpose.
This would involve a consequential repeal of the provisions dealing with the
provision of services and facilities following a dissolution of Dáil Éireann by the
Houses of the Oireachtas Commission [Section 4(4A) of the Houses of the
Oireachtas Commission Act 2003 (as inserted by the Houses of the Oireachtas
Commission Act 2006) (now Section 4(c) of the Houses of the Oireachtas
Commission (Amendment) Act 2009)]. (Report on the Dáil general election of
2007);
- Registration of third parties should be allowed for a particular campaign or on
an on-going basis. (2009 Report on third parties at the Referendum on the
Treaty of Lisbon 2008);
- To provide for transparency in funding and expenditure on referendum
campaigns, third parties and political parties should be required to disclose
details of expenditure on referendum campaigns. Similarly, information should
be made available on the sources of funding available to both third parties and
political parties. (2009 Report on third parties at the Referendum on the Treaty
of Lisbon 2008);
- Sanctions for non-cooperation with the Standards Commission should be
reviewed. In particular, failure to cooperate with enquiries made by the
Standards Commission under section 4(4) of the Act should constitute an
offence. (2009 Report on third parties at the Referendum on the Treaty of
Lisbon 2008).