The Minister for Enterprise, Trade and Employment behaved inappropriately by requesting a civil servant to brief a Fianna Fáil parliamentary party meeting, according to a ruling by the Standards in Public Office Commission.
The commission concluded that Micheál Martin's actions were in breach of the spirit of the Code of Conduct for Office Holders and it has brought the ruling to the attention of the Taoiseach to ensure Ministers do not infringe again.
The ruling will affect the relationship between Ministers and civil servants, as it has become the practice in recent years for civil servants to brief Ministers on issues as they arise.
Only last month the Taoiseach told the Dáil that he did not see anything wrong with a civil servant being asked to go to a parliamentary party meeting to explain a particular departmental issue and provide information to TDs.
The commission ruling followed a complaint from Phil Hogan, Fine Gael spokesman on enterprise, trade and employment, about the behaviour of Mr Martin in requesting a civil servant to attend a Fianna Fáil parliamentary party meeting last November.
The commission sought the views of the Minister and the secretary general of his department, Seán Gorman, before making a decision about the complaint.
In a letter to Mr Hogan, it said: "The Standards Commission has decided that the matter complained of does not warrant the commencement of an investigation under the Ethics Act.
"The Standards Commission is, however, of the view that it is not appropriate for an office holder to request the attendance by a civil servant at a parliamentary party meeting and that Minister Martin's actions in this case were not in keeping with the spirit of the Code of Conduct for Office Holders published in June 2003."
The commission noted a statement by the Minister that the role played by the official was confined to technical clarifications and explanations.
It accepted that it was important that legislators, who were considering complex proposals, should be provided with all necessary explanations by officials so that they might be fully informed while performing their legislative functions.
"However, it considers that in order to avoid any perception of a lack of impartiality by a civil servant in performing his or her official duties, where meetings are arranged to allow officials to provide detailed technical explanations, this facility should only be provided on an all-party basis to all members," the commission continued.
"In view of this, and having regard to the role of the Government in drawing up the code of conduct, the Standards Commission has decided to bring the matter to the attention of the Taoiseach. Minister Martin has been informed of the conclusions reached by the Standards Commission."
Last month in the Dáil, Fine Gael leader Enda Kenny asked the Taoiseach about the fact that Mr Martin had asked a civil servant to brief the Fianna Fáil parliamentary party. He noted that a civil servant working for former minister of state Ivor Callely had resigned when asked to attend a political function.
In response the Taoiseach said: "I do not see anything wrong with the civil servant being invited to brief party committees that are working on a particular proposal. That is good and all parties do it from time to time."
The commission ruling means that this kind of briefing can no longer take place unless it is done on an all-party basis.
