The effectiveness of ethics legislation is normally determined by the degree of support it receives from those directly involved. Because of that, a decision by Government to turn down a request for new powers of investigation from the Standards in Public Office Commission is regrettable.
It sends the wrong signal. We are learning the hard way from the work of the various tribunals that financial inducements, unethical behaviour and differing forms of corruption are never far from public life.
The Commission has been given responsibility for ensuring that the separate codes of conduct for ministers and other Oireachtas members are enforced, along with the ethical guidelines for public servants. But it cannot investigate apparent breaches of the law until it receives a formal complaint, even if such incidents are matters of public debate and controversy. Two years ago, it asked for new powers that would allow it conduct preliminary investigations. The request was refused by the Minister for Finance, Brian Cowen.
The Commission has drawn attention to this matter in its most recent report. And it is clearly unhappy with the situation. Its chairman, Mr Justice Matthew Smith, noted the need for Ireland to improve its anti-corruption measures in order to enhance confidence in public administration. And it was critical of ethical structures drawn up by the Department of the Environment. In particular, it suggested that outsiders should be brought in to monitor the behaviour of civil servants. And it noted the absence of a ban on council officials engaging in lucrative private work.
There is a need for ethical rules and for their rigorous enforcement to guard against creeping dishonesty in public life. Corrupt individuals will, inevitably, ignore such restraints. But the criminal law is there to deal with them. Ethical legislation is different. It encourages individuals to uphold the highest standards. And while it may be intrusive and uncomfortable in its application, it helps to create social cohesion and build confidence in public administration.
The Commission was particularly exercised by former Fianna Fáil TD, Michael Collins. Shortly after his election in 2002, Mr Collins submitted a tax-clearance certificate, as required by law. But he was not tax-compliant. The Commission has been unable to investigate this because of inadequacies in the law; the refusal by Government to provide new powers and delays in a Garda investigation. Mr Collins has formally resigned from the Fianna Fáil parliamentary party - but still votes with the Government. It is an edifying situation.