A new Code of Conduct for TDs, recommended by the Dail's Members' Interests' Committee, will not be used to discipline TDs for offences committed prior to their election. Under the proposal from the committee, chaired by Fianna Fail Clare TD, Mr Tony Killeen, misbehaving TDs could be suspended without pay from their duties for up to three months.
But the five-strong committee went on: "It would be unjust to apply the Code of Conduct retrospectively to the activities of people who were not governed by the code at the time."
Favouring a "general set of principles", the committee refused to approve a more prescriptive text on the issue put before the Dail in February.
Among other things, this would have placed a legal responsibility on TDs to use State monies economically and only for the purposes intended.
"They should avoid waste, abuse and extravagance in the provision or use of public resources and must expose fraud and corruption of which they become aware," it had read.
In a letter to the committee, former Fine Gael leader Mr John Bruton took serious issue with this original text because it did not offer "absolute certainty at all times" to TDs.
"If the code is in any way uncertain there is the risk of arbitrary and unfair interpretations being placed on members' actions in a fashion that would not be fair to them," he had warned.
Objecting to the view that there was widespread misbehaviour amongst TDs, the committee said they were "quite properly being held up to public scrutiny in an unprecedented way".
But the current spate of inquiries into political actions stretching back two decades could give "an artificial perception of widespread wrongdoing" by politicians.
However, the Members' Interests' Committee refused to heed calls that TDs should be required to obey the law at all times and in all circumstances.
Such a blanket requirement would have prevented TDs from getting involved in the 1970s protests against the proposed Carnsore nuclear power stations, for instance.
It could, "on occasion, give rise to a conflict for TDs and deprive them of the right or moral obligation to engage in protest in accordance with their consciences and the legitimate interests of their constituents or the public at large".
In addition, the code will recognise the right of TDs not to co-operate fully with State authorities "especially where such authorities are not acting legitimately and where a member's duty is to hold such authorities to account".
TDs will be expected to maintain their private financial affairs properly and to avoid any conflict of interest between these and their public duties.
Besides Mr Killeen, the other members are Carlow Kilkenny TD Mr John Browne (Fine Gael), Labour's Mr Brendan Howlin, Cork South West TD Mr Jim O'Keeffe (Fine Gael) and Cavan/Monaghan TD Mr Brendan Smith (FF).
