Allegations that three county councillors were caught seeking favours in a sting operation mounted by the RTÉ Investigates programme have focused attention on ethics in politics.
That three councillors out of more than 900 have questions to answer is hardly earth- shattering news but the report focuses attention on what has or has not been done to improve standards since the 1980s and 1990s planning scandals.
On taking office in 2011, the Coalition promised to reform the way politics is done but its critics say the latest revelations show nothing has changed. It should be pointed out that under existing legislation it is already a serious offence for a politician or a public official to seek or take payments or rewards for supporting or progressing measures designed to benefit individuals or organisations.
However, further reform is overdue and draft legislation was published last summer. Minister for Reform Brendan Howlin has promised legislation putting a new statutory framework in place governing ethics in public office will be published before Christmas.
The problem is that it is coming so late in the Coalition’s term of office that there is no prospect of it becoming law before the general election and it will fall to the next government to implement it.
Slow pace of drafting laws
That such important legislation is emerging only now has left both parties in Government open to jibes from their political opponents but it is a reflection of the frustratingly slow pace of drafting new laws that afflicts the process.
The deficiencies illustrated by the RTÉ Investigates programme were a lack of compliance in the disclosure of interests by politicians and the fact that some politicians, albeit a small number, can be accused of seeking or receiving personal benefits despite the laws already in place. It also raised new questions about how politicians should behave in situations where their private interests intersect with public functions in the course of meetings and proceedings.
One of the problems about the current legislation is that the bodies charged with enforcing the ethics legislation can only act on foot of a complaint.
A key element of the promised Public Sector Standards Bill will be the establishment of a Public Standards Commissioner to replace the current Standards in Public Office Commission. Crucially the commissioner will have the power to initiate investigations and will not be obliged to wait for a complaint before starting an investigation.
The Bill will make it an offence if an individual intentionally or recklessly fails to comply with their obligations in making disclosures or makes a false or misleading disclosure. It will also provide for a fine of €200 to be administered by the commissioner for failure to submit a declaration.
The current provision, often ignored in the Oireachtas and at council level, requiring politicians to declare any financial or other interest before or during parliamentary proceedings or council meetings will be reinforced.
