John Bruton
Question:5 Mr. J. Bruton asked the Taoiseach the plans, if any, he has to introduce changes to the Cabinet Handbook covering the acceptance by Ministers of hospitality or gifts; and if he will make a statement on the matter. [4028/00]
Ceisteanna – Questions. - Cabinet Handbook.
As the Deputy will be aware, the matter of acceptance of gifts, including gifts of hospitality, by office holders is regulated by statute, specifically by the Ethics in Public Office Act, 1995. In accordance with section 15(4)(a) of that Act, guidelines in respect of offers or gifts of goods or services have been approved by Government. Any proposals for change in those guidelines is a matter, in the first instance, for the Minister for Finance.
The Cabinet Handbook, while reflecting the statutory position – and appending the current copy of the guidelines for the convenience of office holders – is not a mechanism for regulation in this area. It will be kept up to date to reflect any changes in the statutory framework which may arise from time to time.
In this regard, I have to refer again to my reply in the House on this subject on 13 October last. I am satisfied that the issues relating to gifts are addressed comprehensively in the statutory framework and the steps to be taken in different circumstances are clearly specified. The Ethics in Public Office Act, 1995, was a long time in preparation and strikes a fine balance between the right of individuals to have personal lives and the need for accountability in the conduct of official business. I regard the balance struck as appropriate. It would not be appropriate to provide alternative or parallel provisions in the Cabinet Handbook which would interfere with the balance so painstakingly established in the Act.
Is it not the case that the Cabinet Handbook deals with this issue?
It does, but not in the same detail as the Act. I have been advising my colleagues to follow the legislation because the Cabinet Handbook does not contain the detail which has to be complied with. The old rules of the Cabinet Handbook relied very much on precedent and practice. That is now set in statutory law. As queries have arisen the Public Office Commission has ruled on how that is to be interpreted. Members have to be conscious of what is in the legislation and their annual return rather than just following the Cabinet Handbook. I am not saying the Cabinet Handbook is irrelevant. However, people should not take it that their obligations are just what is in the Cabinet Handbook. They need to consult the Act.
I am sure everybody is listening closely to what the Taoiseach has just said. However, is there not potential for confusion if the same subject is dealt with separately and in different words in two different sources of regulation, both of which apply to the same people in the same circumstances? Would he not, therefore, consider the possibility of simply removing these references from the Cabinet Handbook and relying solely on the legislation, which is more precise, to avoid any excuse of misinterpretation or any excuse for unfair accusation either?
I do not have any difficulty with that, and it should be done. However, every time a case arises, case law determines where we are and interprets sections of the Act, and people have to be very conscious of that. The old system had advantages but the law supersedes those. However, I take the point that the Cabinet Handbook should not be contradictory.