Corrupt councillors should face life ban, report urges

Any councillor convicted of a corruption offence should be banned from holding public office for life, the Fianna Fail report…

Any councillor convicted of a corruption offence should be banned from holding public office for life, the Fianna Fail report into payments to its politicians recommends.

The report also states that councillors should not be allowed to act as consultants to property developers while serving on a local authority.

In a lengthy list of recommendations, the Standards in Public Life Committee recommends that candidates and elected representatives should ensure that all donations are carefully accounted for and receipted. The money should be kept in separate bank accounts and records of transactions retained for 10 years.

The report calls on the Minister for Justice to ask the Law Reform Commission to make recommendations for a major overhaul of the law on corruption and bribery. "The law on corruption and the duties of disclosure of conflicts of interest require to be urgently considered," it says.

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Radical law reform should focus on the financial benefits extracted by unscrupulous property developers or landowners engaged in corrupt practices.

Changes proposed include the introduction of a new law to allow the Department of the Environment to reclaim profits from a developer who has achieved a planning benefit or rezoning through corrupt practice. Any developer or landowner who enhances the value of his land corruptly should be obliged to pay back treble the value of the profits.

"There is a precedent for adopting such an approach, in the United States. There, certain anti-competitive practices engaged in by business can result in a treble damages award. This proposed remedy is one which commends itself so as to deter anyone from engaging in corrupt practices," says the report.

The report also recommends that company law should be amended to provide for a property developer or landowner involved in planning corruption to be banned from acting as a director of a development company.

At the end of every year, there would be an obligation on every member of a county council or corporation to swear a declaration that he or she has not received any financial or other benefit in connection with a vote.

A developer who is seeking a change in zoning that affects his lands or who is promoting a section 4 order should make any representations in writing, and a copy should be sent to each councillor. A copy should also be kept on file in the planning authority and made available for public inspection.

The report also sets out key principles to guide councillors in exercising their votes in planning-related resolutions.