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THE STATE’S ETHICS watchdog said there is a gap in the law which means it does not have the power to investigate breaches by TDs who have left office.
The lacuna in the law relates to breaches in ethics law while a politician was a member of either the Seanad or Dáil, but was only highlighted after they left.
In its annual report, the Standards in Public Office (SIPO) states that during 2017, the commission examined a complaint where information came to light indicating that there may have been a contravention of the Ethics Acts by a former member of the Dáil.
However, under the current legislation the body said there is no mechanism for examining possible contraventions by a member of the Oireachtas (other than a Minister or Minister of State) in circumstances where the matter is highlighted after the member is no longer an office holder.
The report states the commission has “no authority” in relation to the actions or conduct of a sitting TD who is not an office holder, adding that the legislation also does not allow complaints to be made about former office holders to the Dáil Committee on Members’ Interests.
Breach in ethics
The commission has called for the legislation be amended to expressly deal with situations where a TD or senator may have contravened their obligations under the law and the matter only comes to light after the member has left office.
The commission, who oversees the register in which individuals, organisations, companies and PR agencies must file returns to about their lobbying activities each year, has repeated its concerns about how it is too easy for senior public servants to leave their roles and immediately move into lobbying positions.
Public servants can apply for an exemption to this “cooling off” period if their new job will not involve direct lobbying of their previous employers. Last year, five workers from government departments sought to have their ‘cooling-off’ period either reduced or waived.
Appointments to senior office
The watchdog has called for an amendment to the Ethics in Public Office Acts to require public bodies to provide timely information regarding appointments to senior office.
It said without such information, individuals employed by those bodies may find themselves in breach of the Acts by failing to provide evidence of tax compliance within statutory deadlines.
Commission Chairman Daniel O’Keeffe said currently there is no obligation set out in the legislation for public bodies to inform the commission of appointments.
“While some public bodies are more proactive than others at making such notifications, in some cases the bodies have actually refused to provide the information, citing data protection legislation,” he said.
The report also notes the lack of progress with the Public Sector Standards Bill 2015.
In April 2017, the Bill, which would replace the existing legislative framework regarding ethics, commenced committee stage, where it has since stalled.
The bill would provide for standards of integrity and a code of conduct for all public officials, along with provisions for disclosure of interests and a streamlined system for the investigation of possible breaches by public officials.
Last year, the commission closed 38 complaints in 2017, completed a preliminary inquiry, issued a report into a completed investigation, continued three investigations into other cases of possible non-compliance, and launched a further 41 investigations into non-compliance with the Act’s provisions regarding tax compliance.
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This is a loophole that will never be filled in otherwise Lowry, Ahern and the extended Haughy family would be doing 10-15 for fraud.
@Trevor Hayden: Well the Gardai can investigate. It’s just that exTDs arent beholden to the watchdog. Fraud is fraud and can be investigated upon leaving office, regardless of the Journal or RTE say.
@Good Early: I’m sure Maurice McCabe would say different or could tell us a story or two about how politicians are treated by An Garda Siochana.
“Id imagine the line” Do you know who I am? ” has been rattled of a few times or” I’m close personal friends with Frances Fitzgerald ” in order to sweep their discrepancies under the carpet.
” You’ll be signing on in your local dole office on Monday ” I’ve had a few run ins with various politicians, you get used to their spiel.
@Trevor Hayden: haven’t mccabes allegations been found false
@Shawn O’Ceallaghan: Yes they have, he’s been set up. Procing you could not trust the authorities to take an issue regarding a politician seriously.
The untouchables!
We need a major clean out in the Dáil
@Genius 80s+: the electorate can do that with pen in the election booth, but the sword does sound more appealing
@Genius 80s+: with petrol and a rag
If they can hide their expenses paid by public money, anyone expecting them to fix this issue and bring meaningful accountability is living on another planet.
Useful and well orchestrate loop hole by the white collar criminals.
Our politics needs total reform. Our politicians are nothing more than conmen in suits.
How convenient
FFG will be mad to fix this ;-)
So how does this loophole explain why Heather Humphreys was never sanctioned over the outrageous John McNulty Seanad seat scandal, something Enda Kenny admitted happened during a live TV debate during the 2016 election. Or why Denis Naughten has avoided any responsibly for breaking ethics laws by passing on privileged information to an INM lobbyist, Eoghan Ó Neachtain. Who then passed it on to a FG financial donor and owner of Ireland media.
Our the Standards in Public Office will wasted time sanction a independent TD over his shirt colour and hipster dress style. The register of member interests is a joke with every few councillors even filling one in and those in the dail and seanad hiding their interests in wife/partners or children’s names.
Don’t blame a loophole for the state of Irish politics as no politician is accountable judging by the fact that Michael Lowry in back in government after topping the poll again. Even our justice system after a jury found him guilty decided that he had suffered enough. Don’t see the DPP appealing the leniency for fraud.
There is no standards, there are no ethics because no government would last three months. Its a cesspit built by haughty, filled by bertie and kept going by both Enda Kenny and Leo. Power corrupts and it has cost lives in our health service and undermined our constitution. we are all victims but too self involved in our own self interest to do anything about it.
@leartius: we live in a first world banana republic, its a joke and we vote for it every election they are laughing at us…..pure mugs we are.
Fix it
Anyone know of any politicians who have a daughter who would be interested in getting married to my son. He needs a house because he has been turned down for a morgtage again. Was told to rent & save for a yr or so. Then come back. He has saved the deposit but getting nowhere with the banks regarding the morgtage. So I think a politician’s daughter or niece, some relation will do as his wife until he gets his morgtage sorted out.
@bings: All the best…and hope things work out regarding mortgage
Its called covering your arse, what else would you expect from these crooks?
Mc Mafia wouldn’t of been so clever to have this covering there shenanigans !
Read about some of our TD being millionaires,The likes of Kenny Noonan and Howlin were top of the list.
With Kenny worth something around the 4 million Mark,Imagine if these buckos stayed on as teachers there is no way they would be millionaires.
Loose language… not all members of our Seanad are politicians.
How convenient but then again we let this happen all the time im sad to say..
The standards in public office will never improve with the current shower of gombeen politicians in there. Saw on Wikipedia the other day, Charlie Flanagan’s father, Oliver Flanagan, described as ” one of the cutest of cute hoors in the history of the dail”. I’d say the dail is full of idiots with no ability but trying their best to be “cute hoors”!
how many have off shore nest eggs
have your say