TDs and senators get tax reminder as general election approaches

TDs and senators have been put on notice that they must be able to declare they have paid all their taxes within one month of…

TDs and senators have been put on notice that they must be able to declare they have paid all their taxes within one month of the upcoming general election.

The warning comes from the Dáil's own Members' Interest Committee, which has offered a guide to politicians finalising their current declaration of interests.

The tougher tax rules have surprised some Oireachtas members, even though they were widely flagged during debates on the Standards in Public Offices Act, 2001, which came into force on December 10th.

Under the legislation, politicians must declare within a month before or after an election that they have paid all their taxes and are fully up to date.

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In addition, they will have to produce a tax clearance certificate, or a statement of application for one from the Revenue Commissioners within nine months of election.

If it is later found that a politician has made an untruthful declaration, he, or she could face a €2,500 fine and/or up to six months in jail.

The tougher rules will also apply to senior civil servants, from deputy secretary general level and new judges, though the latter will have only to make a once-off declaration.

The increased transparency does not come into force immediately, and will not apply to the preparation of the latest Register of Members' Interests, covering February to December last year.

"It does not cover the latest register. There is a danger that people will get confused and worked up about it. It will not come into force until after the general election," said one prominent TD.

Key guidelines needed to operate the new standards in public office legislation will not be put in place until after the Dáil resumes after the Christmas recess on January 28th.

A code of conduct prepared by the Dáil's Members' Interests Committee has been noted by the Dáil, but it has not yet come into effect because it has not been formally voted on.

The code demands that TDs conduct themselves properly, avoid conflicts of interest, and do not bring either the Dáil, or their office, into "serious disrepute".

In a major break with precedent, the Members' Interests Committee last year recommended that TDs guilty of "intentional and serious" breaches should be suspended without pay for up to three calendar months, Currently, TDs can be suspended for a month with full pay. However, Fianna Fáil TD Mr Denis Foley was suspended for just 15 days after it was revealed that he was an Ansbacher account holder.

A tougher code of conduct necessary for members of the Government is also not yet ready, though the Government Chief Whip, Mr Seamus Brennan, plans to put it before the Dáil early in February.

Fine Gael has already complained to the Standards in Public Office Commission, which replaced the Public Offices Commission, about Fianna Fáil's use of Government-funded advertising.

In his complaint, the Fine Gael leader in the Seanad, Senator Maurice Manning, singled out the Minister for Social, Community and Family Affairs, Mr Dermot Ahern, for criticism.

Mark Hennessy

Mark Hennessy

Mark Hennessy is Ireland and Britain Editor with The Irish Times