The Standards Commission has a supervisory role under -
This chapter provides a brief description of the main features of the legislation and of the functions performed by the Standards Commission.
Overview of the Ethics Acts
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. The principal objective of the legislation is to demonstrate that those who are participating in public life do not seek to derive personal advantage from the outcome of their actions. To meet this objective, a statutory framework has been put in place to regulate the disclosure of interests and to ensure that other measures are taken to satisfy the broad range of obligations arising under the legislation. The legislation is founded on the presumption of integrity but recognises that specific measures should exist to underpin compliance.
Evidence of tax compliance 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 requires the drawing up of codes of conduct for ordinary members of the Houses, for office holders (see definition in Appendix 3) and for public servants.
The Standards Commission has a role in relation to the Ethical Framework for the Local Government Service provided for in Part 15 of the Local Government Act 2001. The Commission must be consulted by the Minister for the Environment, Heritage and Local Government in relation to the codes of conduct for local authority members or for local authority employees. It can also examine complaints about contraventions of Part 15 by local authority members or employees.
Functions of the Standards Commission under the Ethics Acts
The main 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.
Statements of Interests
Under the disclosure of interests provisions of the Ethics Acts, the Standards Commission provides annual statement of registrable interests forms to members of the Oireachtas, who are required to furnish a statement of any registrable interests to the Commission. The Commission forwards these statements to the Clerk of Dáil Éireann or the Clerk of Seanad Éireann as appropriate, who publish registers of members’ interests.
The Ethics Acts require statements of interests to be furnished to the Standards Commission by office holders (in relation to the interests of a spouse, a child or a child of a spouse), the Attorney General, designated directors (see definition in Appendix 3) and special advisers. The secretariat administers the receipt and retention of these statements, including returning incorrectly completed statements to individuals for amendment.
Codes of Conduct
The Standards Commission is consulted on proposed Codes of Conduct under the Standards in Public Office Act 2001 and is required to publish any such codes adopted under the legislation.
Tax Clearance
Members of the Oireachtas on election and senior public servants and directors on appointment to ‘senior office’ are required to provide a statutory declaration and either a tax clearance certificate or an application statement to the Standards Commission within 9 months of election or appointment. The secretariat administers the tax clearance provisions, informs elected members and appointees to senior office notified to it by public bodies of their obligations under the legislation and ensures compliance with the requirements. The legislation provides for investigation and report in relation to contraventions.
Guidelines
The Standards Commission publishes statutory guidelines on compliance with the provisions of the Ethics Acts for persons who have obligations under the legislation. Such persons are required to act in accordance with the guidelines unless by so doing, the act concerned would constitute a contravention of another provision of the Ethics Acts. The guidelines are revised periodically to take account of amended legislative provisions or to clarify matters which have arisen since the previous edition. The Standards Commission has published guidelines for office holders and for public servants. These are available on its website. Guidelines for members of the Oireachtas who are not office holders are published by the relevant Committee on Members’ Interests.
Advice
Designated members of the staff of the secretariat have responsibility delegated to them by the Standards Commission to provide advice to persons who request it in relation to their statutory obligations under the Ethics Acts. Such persons are required to act in accordance with advice given unless by so doing, the act concerned would constitute a contravention of another provision of the Ethics Acts. Where requested, advice must be provided within 21 days or, alternatively, it may decline to give advice. Normally, all advice of a substantive nature will be provided in writing.
Complaints
The Standards Commission may receive complaints about a contravention of the Ethics Acts by an office holder, the Attorney General, a designated director, a designated employee or a special adviser. It can receive complaints about a ‘specified act’ by a ‘specified person’ (see definitions in Appendix 3). It can also receive complaints about a contravention of Part 15 of the Local Government Act 2001 by a local authority member or employee. It cannot accept complaints about a member of the Oireachtas who is not an office holder, as the legislation provides that such a complaint must be made to either the Clerk of Dáil Éireann or the Clerk of Seanad Éireann as appropriate, who will consider whether the complaint should be referred to the relevant Committee on Members’ Interests.
Any person may make a complaint to the Standards Commission under the above headings, although the legislation makes particular provision for complaints by certain categories of persons, such as members, Ministers or heads of bodies.
On receipt of a complaint, the Standards Commission may consider whether an investigation is warranted under the legislation. It may do so on the basis of the evidence available to it. It may appoint an Inquiry Officer to assist it in its consideration by carrying out a preliminary inquiry. The Inquiry Officer can seek a statement from and/or interview the complainant and/or the person against whom the complaint has been made or from any other person whose evidence would or might, in the opinion of the Inquiry Officer, be relevant to the inquiry. He or she may also request the production of any documents considered to be relevant to the inquiry. Following such an inquiry, the Officer is required to prepare a report of the results of the inquiry and to furnish that report, together with any statements and other documents furnished to the officer in the course of the inquiry. The report must not contain any “determination or findings” but, if the Commission so requests, it shall contain an expression of the opinion of the officer as to whether there is prima facie evidence to sustain the complaint.
Own Initiative Inquiries
In addition to receiving complaints, the Standards Commission can decide to initiate an investigation into a contravention of the Ethics Acts or of Part 15 of the Local Government Act or a ‘specified act’, where it considers it appropriate to do so. While the legislation is not specific in this regard, it would only do so if it considered that there was prima facie evidence of a contravention or a ‘specified act’. When considering whether an investigation is warranted in the absence of a complaint, the Standards Commission does not have the power to appoint an Inquiry Officer to assist it in its deliberations.
Investigations
Where it decides to do so, the Standards Commission will carry out an investigation in accordance with the provisions of the Ethics Acts. The legislation provides that it shall hold sittings for the purpose of an investigation and that it may receive submissions and evidence as it thinks fit at such sittings. Provision is made for cross-examination of witnesses. At the conclusion of an investigation, the Standards Commission prepares a report of the result of the investigation, which is provided to the relevant parties and others specified in the legislation.
Overview of the Electoral Acts
Among the purposes of the Electoral Acts are to make provision for disclosure of donations for political purposes, to regulate spending by candidates and political parties at elections, and to provide for payments to political parties and candidates.
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, report to the Chairman of Dáil Éireann on matters relating to -
The Standards Commission may conduct whatever inquiries are necessary in the discharge of its statutory functions under the Electoral Acts.
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 required to facilitate the inspection and copying, by any person, of Donation Statements, Election Expenses Statements, etc., furnished to it under the legislation.
Overview of the Party Leaders’ Allowance Act
The Party Leaders Allowance Act provides for the payment of an annual allowance to the leaders of parliamentary parties in relation to expenses arising from the parliamentary activities, including research, of the party. The amount paid is based on the party’s representation in Dáil and Seanad Éireann. The allowance is reduced where a party forms part of the government. The “parliamentary activities” to which the funding may be applied are set out in the legislation. The funding may not be used for electoral or referendum purposes.
The Party Leaders Allowance Act requires the party leader to prepare, or cause to be prepared, a statement of expenditure from the allowance received in respect of the preceding year. The statement must set out, under specific headings, the items on which the funding was spent. The statement must be audited by a public auditor and must be furnished together with the auditor’s report to the Standards Commission within 120 days of the end of the financial year for which the allowance has been paid (i.e., by 30 April). Failure to furnish the statement within this timeframe can result in a suspension of the Allowance.
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 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 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.