Dáil Éireann debate -
Tuesday, 5 Nov 1991

Vol. 412 No. 1

Written Answers. - Code of Conduct for State Bodies.

Alan Shatter

Question:

46 Mr. Shatter asked the Minister for Tourism, Transport and Communications if he will outline in relation to each State and semi-State company under the aegis of his Department and companies which have a code of conduct delineating the activities which board members and employees of such bodies can engage in to ensure that an actual or potential conflict of interests does not arise vis-à-vis their duties as members and/or employees of such State bodies and other activities; the way in which this code of conduct, if any, is monitored by his Department; if he will make available in full any such code of conduct stating the State and semi-State bodies to which it applies; and if he will make a statement on the matter.

Minister for Tourism, Transport and Communications (Mr. S. Brennan)

The following State-sponsored bodies are under the aegis of my Department; B & I Line, Aer Lingus, Bord Fáilte, An Post, RTE, Independent Radio and Television Commission, Aer Rianta, Telecom Éireann and CIE.

Provisions in relation to actual or potential conflicts of interest for members of the boards of all of these bodies are enshrined in either legislation, memoranda and articles of association or both. These provisions require that a board member declare his or her interest and abstain from any voting or decision in matters where there might be a conflict of interest. Furthermore, the declaration must be recorded in the minutes of the meetings. If the Deputy so wishes, I can make available to him copies of the relevant legislative provisions and extracts from the relevant memoranda and articles of association.

The question of a code of conduct for staff in relation to actual or potential conflict of interest is entirely a matter for the boards of these bodies. I understand, however, that procedures are either in place in each body, or are being put in place, which either; require staff to declare any external activities which may give rise to a conflict of interest; or prohibit staff from engaging in such activities.

In view of the fact, however, that these procedures fall within the area of day to day administration of each of the bodies concerned, it would not be appropriate for me to make them available to the Deputy.

Finally, I understand that a report has recently been completed by the secretary of the Department of Finance concerning the principles which govern the relationship between Departments of State and State bodies under their aegis, together with subsidiary and associated companies, which takes account of the procedures in place at present. I also understand that the Minister for Finance is considering this report at present.