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Dáil Éireann debate -
Wednesday, 9 Mar 1994

Vol. 440 No. 2

Ceisteanna—Questions. Oral Answers. - Guidelines to Ministers.

Pat Rabbitte

Question:

1 Mr. Rabbitte asked the Taoiseach the guidelines issued to Ministers and Ministers of State on taking office regarding their involvement in firms or business concerns in which they or their family have a financial involvement; the procedures, if any, that are in place for monitoring the operation of the guidelines; and if he will make a statement on the matter.

Ministers are informed on taking office of the general principle that they should not engage in any activities that could reasonably be regarded as interfering or being incompatible with the duties of their offices. Ministers are required to draw the attention of the Government to any matter before Government in which they or their family have a material interest, and not to participate in decision-making in the matter unless the Government decides otherwise. These guidelines have been applied by successive administrations over many years and continue to apply.

As the Deputy will be aware, the Government is preparing an Ethics in Public Office Bill. This Bill, which is at an advanced stage of drafting and which will deal with the wider area of conflict of interest, will complement existing guidelines and practice in relation to Ministers and Ministers of State.

I am obliged to the Taoiseach for his reply. Who monitors the regulations and to whom would a person make a complaint?

Each Minister is given guidelines the first day a Government meets, it is a matter for each Minister to ensure that he or she stays within those guidelines and, if in doubt about the matter, to bring it before the Taoiseach of the day.

Is the Taoiseach aware of any member of the Cabinet being involved in making representations to another Department of State on behalf of a client or clients of a company with whom he was formally associated and in which he may still have a family interest?

The Taoiseach: If the Deputy is referring to a matter on which a member of Government made a personal statement recently, it was dealt with comprehensively in the House and I have nothing further to add.

I am not referring to Minister Taylor. What would the Taoiseach's attitude be if he became aware that a member of the Cabinet was seeking to secure advantage with, say, the Revenue Commissioners on behalf of a client of his former company with regard to the tax amnesty?

The Revenue Commissioners are independent and do not have to — nor do they, to my knowledge — pay attention to what politicians, Ministers, Dáil Deputies, Senators or otherwise say. If the Deputy has a genuine complaint about a member of the Cabinet and wants to give me the details, I will investigate it. I repeat that I expect every member of the Cabinet would keep within the guidelines laid down by successive Governments.

Is any Minister of State, as distinct from a member of the Government, in receipt of assistance towards transport from the Fianna Fáil party? If that is the case, will the Taoiseach confirm that this is outside the guidelines?

The Deputy is raising a specific matter, perhaps worthy of a separate question.

Lest there be any doubt about this, there is no question of the Government in any way contributing towards expenses incurred on behalf of the Fianna Fáil Party.

The question was the other way around.

The Deputy can take it that no Government money goes to any Minister on behalf of the party.

Let me ask the question again.

Repetition is a luxury we can never afford at this time.

When the Taoiseach announced the appointment of a certain Minister of State, he said he would take up a paid position with the Fianna Fáil Party. He subsequently rowed back and said that the Minister of State is not being paid because that would be in conflict with the terms of reference referred to in this question. Is any Minister of State receiving a car allowance, transport assistance or provision of a car from Fianna Fáil headquarters or from the Fianna Fáil Party?

Cars used by Ministers of State are purchased by them. All Deputies spend time, including their own time, on political activities. That is nothing new and has to be done, but there is no question of Government finances for travel expenses etc.

Do not answer the question I did not ask; answer the one I asked.

There is no car allowance for Minister Séamus Brennan from the Government.

That is not the question.

A car allowance is not being paid to Mr. Seamus Brennan, or anybody else, on behalf of Fianna Fáil.

If Members are seeking particular information let them put down questions.

Is it in order for a member of the Cabinet to maintain a beneficial interest in a commercial enterprise provided they inform the Cabinet?

A Minister involved in a business resigns all directorships on becoming a member of the Cabinet, but the shareholdings can always be held by the individual.

Should the guidelines not be clearer?

The responsibilities of Ministers are made clear to them on the first day and nobody is under any illusion. However, when the Ethics in Public Office Bill is introduced there will be an opportunity for Members of the House to stitch matters down tightly in legislation if they so desire.

I will write to the Taoiseach on the issue. What sanction would be imposed in the event of a breach of the regulations of which the Taoiseach advised the House?

I do not deal with hypothetical questions. If a Deputy has a complaint and gives me the details I will have it investigated and appropriate sanctions will be imposed if it is found that the complaint is justified.

What are the sanctions?

The Deputy's suggestion for proceeding with this matter is the right one in all the circumstances, to consult the Taoiseach.

I accept your advice on that, Sir, but is it not fair to ask if there are regulations extant, what the penalty is for breaching them?

That is a hypothetical question. The Taoiseach deals with such matters as they arise.

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