Politics

Errant TDs could be suspended for a year under proposed rules

New public service standards commissioner would replace Sipo and have greater powers

The proposals from Minister for Public Expenditure and Reform Brendan Howlin are in response to the findings of the Mahon tribunal. File photograph: Frank Miller/The Irish Times
The proposals from Minister for Public Expenditure and Reform Brendan Howlin are in response to the findings of the Mahon tribunal. File photograph: Frank Miller/The Irish Times
Fiach Kelly
Fri Jun 19 2015 - 11:43

TDs and Senators could be suspended from work for up to a year if found in breach of proposed new rules governing standards in public office.

The new proposals, recently approved by the Cabinet, would also see the disbandment of the Standards in Public Office Commission (Sipo), which comprises a number of members. In its place, a new public service standards commissioner would be appointed to operate across the public sector.

The proposals from Minister for Public Expenditure and Reform Brendan Howlin are in response to the findings of the Mahon tribunal.

The new public service commissioner would have more powers to impose sanctions than are currently available.

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However, investigations of alleged breaches of codes of conduct would be carried out by a deputy commissioner, who would then provide a report to the commissioner. Department of Public Expenditure officials said this would provide a separation of powers.

Rule breaches would include personally retaining prohibited gifts provided to TDs, Senators or public officials; seeking or accepting rewards or gifts in return for favours; making a false declaration of interests; or obstructing the new public service commissioner.

A TD or Senator could be suspended for up to a year following a recommendation by the commissioner and the agreement to the sanction by a vote of the Dáil or Seanad.

Five years in prison

For non-elected officials such as public sector staff, the commission could also recommend suspension from work for one year. More serious offences might lead to a fine up to €100,000 or five years in prison. Such sanctions would have to be imposed by a court.

The proposals also set a limit for accepting gifts. No gifts below €200 would have to be declared, but anything worth between €200 and €600 would have to be declared and anything worth more than €600 would not be permitted.

The declaration of interests of politicians, political advisers, chairs of State boards, public servants at the level of deputy secretary general and above, county and city managers and chief executives of state agencies would be published.

Other public officials, above the level of principal officer, would make declarations to their line managers, which would be reviewed three times a year and would only need to be updated if there was significant change. All other officials would make ad-hoc declarations where conflicts of interest might arise.