Call for full disclosure of ministerial interests

The Public Offices Commission has called on Ministers and Ministers of State to disclose all their interests when they take office…

The Public Offices Commission has called on Ministers and Ministers of State to disclose all their interests when they take office, including those which they are not obliged to reveal by legislation.

In its final annual report before being replaced by the new Standards in Public Office Commission, it says this should be done because of the possibility that a conflict of interests could arise at some future point.

Under current legislation, they do not have to make such a disclosure until they are a year in office.

The commission's chairman, Mr Kevin Murphy, said yesterday that politicians should not simply confine themselves to obeying legal rules.

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"They should start from the principle that 'holders of public office should never use their position for personal advantage', nor should they be open to the perception of having done so.

Speaking at the publication of the commission's report for 2001, both Mr Murphy and another commission member, Mr John Purcell, said that after seven years of ethics legislation, there should now be a new culture in public life. Under this culture, politicians and office-holders should no longer simply obey rules but follow basic principles.

Since its foundation in 1995, the commission has supervised the implementation of ethics and electoral legislation. It was replaced at the start of this year by the Standards in Public Office commission, chaired by a High Court judge, with additional powers and resources.

The commission says it is disappointed that the new Standards in Public Life Act does not deal with what it sees as a loophole in regard to gifts given to politicians by "friends". Under current legislation, someone who does business with the State and gives a substantial gift to an office-holder can be excluded from the terms of the legislation if they can be called a "friend" of the office-holder.

The commission says such gifts should be disclosed.

The commission is also critical of the Oireachtas decision to pass legislation excluding the use of Oireachtas facilities by outgoing deputies and senators from having to be valued and declared as election spending.

Last month the use of these facilities by outgoing Oireachtas members was found to be unconstitutional by the High Court in a case taken by Fianna Fáil election candidate Mr Des Kelly. The State is appealing this verdict to the Supreme Court.

The commission says the exclusion of these facilities from election spending totals gives a "significant advantage" to outgoing members of the Oireachtas over other candidates.