Ministers allowed to appear in adverts

The Standards in Public Office Commission has found there is no breach of ethics legislation in Ministers featuring themselves…

The Standards in Public Office Commission has found there is no breach of ethics legislation in Ministers featuring themselves in Government advertising.

A complaint had been made by Labour frontbench spokesman Mr Eamon Gilmore and Fine Gael senator Mr Maurice Manning that Ministers were using these advertisements to boost their personal election prospects.

Mr Manning had sought a ruling on what he described as "an orgy of personal self- publicity at the taxpayers expense".

However, the commission responded to both men at the end of January saying that having taken various factors into consideration it was "unable to determine that there has been any breach of the legislation".

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The commission pointed out that such expenses, paid for out of public funds by a political party or a candidate either during an election campaign or before it, were not regarded as an election expense.

It outlined what is meant by electoral spending as detailed in the relevant legislation. "It seems to the commission that if property, services or facilities, the cost of which are met out of public funds, are availed of by a political party or a candidate at any time during the election campaign, or before, such expenses cannot be regarded as election expenses."

Mr Gilmore said the response showed the changes the Government had made to the ethics legislation over the last year which had "greatly widened the scope for the Government to spend on its own re-election".

Mr Manning said he was not happy with the response because it did not address the issues which he had raised.

"I am going to write to them again and point this out. It was a very bland, civil service-type statement. If they had even argued the case I wouldn't have minded."

Explaining further what constitutes electoral spending, the commission pointed out that an amendment to existing legislation passed last year meant that TDs do not have to declare as election spending the use of Oireachtas envelopes and telephone facilities.

Under the Oireachtas (Allowances to Members) Act, 1962, TDs and senators get 1,750 prepaid envelopes per month for their duties. The commission had raised the issue last year of why sitting members should enjoy an advantages that others did not have.

The commission also pointed out that codes of conduct must be drawn up for the guidance of TDs, senators, Ministers and public servants. Before these are drawn up, the commission must be consulted.

"It seems reasonable to assume that any code of conduct will have regard to the spirit as well as the letter of the legislation in this area. When making any submission (to the Committee on Members' Interests in the Dáil) on the draft codes of conduct, the commission will bear the contents of your letter in mind, together with the underlying principles of ethical governance including the general principle that public office should not be used for personal advantage."

Meanwhile the former minister of state Mr Ned O'Keeffe is to appear before the Committee on Members' Interests tomorrow. In December the commission issued a report stating that it had upheld two of the six complaints made against Mr O'Keeffe for breaches of the Ethics in Public Office Act.