Eamon Gilmore
Question:12 Mr. Gilmore asked the Minister for Finance if he will consider the introduction of a written code of ethics for civil servants; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Conduct of Civil Servants.
The rules concerning the conduct of civil servants in the course of their official duties are contained in a number of circulars issued by my Department over the years. The personnel code for the Civil Service includes a special section entitled "Conduct" which comprises the various circulars which have been issued. It is the responsibility of individual Ministers to ensure that the staff in their Departments are fully informed of and comply with these instructions. I understand that it is the usual practice of Departments to draw the relevant circulars to the attention of staff when they enter the Civil Service. In addition, the regulations concerning official secrecy and integrity, conflicts of interest and political activities are included in a staff information booklet published by my Department in October 1990 and issued to all members of staff. I am currently having a comprehensive review carried out with a view to ensuring that the regulations in question are comprehensive and fully up-to-date.
As I understand it, the rules referred to derive from principles laid down after a court case in Britain in 1928 and they are hopelessly anachronistic in terms of coping with modern pressures and modern culture within which civil servants have to work. Has the Minister any intention of suggesting that there be a written code such as that suggested in the question? Does the Minister have any idea of the best way for a civil servant to contend with a situation where he believes his Minister is engaged in unethical practices as, for example, was highlighted in the Ponting case in Britain?
We were discussing this just before Deputy Rabbitte came in. There are all sorts of circulars containing rules, guidelines, etc., mainly restrictive, covering the Civil Service grades. There are detailed manuscripts dating back 100 years on procedures, if anything laying down far too many rules for civil servants who are criticised when they follow them — they are not criticised for not following them because there have been no incidences of that.
In cases where they have outside interests, or their families have an interest, civil servants must declare those interests. There are documents in regard to contracts, purchases and sales, dealings with other Government Departments and State agencies. There is a document from 1979 dealing with official secrets and integrity and that is fairly up-to-date. There is the document of 1929 in regard to purchases and sales and Government Departments. There are also rules in regard to standing for elections. Some of these have been tidied up in the 1990 staff information booklet. I am currently examining how we can deal with them all comprehensively. There is no question of under-regulation. It is perhaps the other way.
I have had a unique opportunity over the last couple of weeks to have a bird's eye view of the operations of the Civil Service close to Ministers. Some of it is immensely reassuring and some profoundly disquieting. Is the Minister aware of the view for example, expressed by a prominent retired civil servant who had been a member of the Irish Sugar Company board that the time has come to update the regulations that provide for the conduct of civil servants in the modern culture I have referred to?
I would much prefer if the Deputy would not personalise matters.
I did not mention any names. The man is perfectly honourable and I did not mean anything offensive.
A comprehensive review is being carried out to ensure that the regulations referred to in Deputy Gilmore's question are fully up to date.