When a former High Court judge with statutory responsibility for ensuring decent standards in public life asks for a limited extension of his investigative powers, most governments would be happy to oblige. But not this one. For the past two years, the chairman of the Standards in Public Office Commission, Matthew P Smith, has asked that, in exceptional circumstances, it should be possible to appoint an inquiry officer to consider matters of significant public importance in the absence of a formal complaint. His request has been treated like a poisoned chalice.
In the Dáil last Wednesday, the Taoiseach misrepresented the nature of the Commission's request and sought to justify its rejection by suggesting that new powers would lead to a "witch-hunt" against TDs and Senators. This attitude was adopted in spite of commission assurances that it had no wish to engage in "fishing expeditions" involving Oireachtas members. It was an unworthy response. And, perhaps, mature reflection may lead to a different outcome. Mr Ahern was obviously bruised by his recent, personal experiences. But that should not prevent the introduction of legislation designed to uphold ethical standards among non office holders.
There are good reasons why the Commission is seeking this power. Following the general election of 2002, Fianna Fáil TD Michael Collins was found to be the holder of a bogus off-shore account, though he had supplied the Commission with a certificate of tax compliance. But the Commission was precluded from taking action against him in the absence of a formal complaint. Following public controversy, a complaint was eventually lodged by the Dáil Committee of Members' Interests, in 2004. At that stage, however, the Director of Public Prosecutions advised the Commission that a Garda inquiry was under way and it suspended investigations. A case against Mr Collins, who resigned from the Fianna Fáil parliamentary party, is now before the District Court. But, whatever the outcome, he will almost certainly serve a full Dáil term in support of the Government. This makes an ass of ethics legislation.
The Government parties have now agreed to make minimal change in existing ethics legislation. Office holders will be required to make confidential disclosure to the Commission of any loans or gifts they receive from friends and seek its approval. That is not enough. The longstanding request from the Commission for preliminary investigative powers, to be used as "a last resort", should also be granted.