Written Answers. - Public Service Standards.
Jim Mitchell
Question:
59
Mr. J. Mitchell
asked the
Minister for Finance
if he is considering introducing a scheme whereby public servants are provided with a confidential channel to an appropriate authority where they have good reason to suspect fraud, other wrongdoing or gross inefficiency in their area of operation or in other areas with which they are familiar.
[9585/01]
While I have no plans for the introduction of a scheme on the basis suggested by the Deputy, he should be aware of a number of legislative and other proposals which are under preparation and which are referred to below.
In common with all citizens of the State, public servants have a duty to act within the confines of the law and report any matters that are illegal to the appropriate authorities. Where they have reason to suspect the occurrence of fraud or other wrongdoing, they also have a duty to report such matters to the appropriate authorities. Normally cases of misconduct or serious irregularities would be investigated, in the first instance, by the Government Department or public body, as employer, leading to a Garda investigation where a suggestion of criminal activity arose.
As the Deputy will be aware, I have direct responsibility for the terms and conditions of employment of civil servants. In that context my Department has recently prepared a code of standards and behaviour for civil servants, which sets out in a single document the principles and values which should govern their behaviour in the discharge of their duties. The code consolidates and updates long standing instructions issued by my Department over the years and sets out a clear framework within which the civil service must work.
Furthermore, the Deputy may also be interested to note that it is intended to amend the Standards in Public Office Bill to give protection for persons who, reasonably and in good faith, make complaints, including complaints about cases of potential corruption, to the proposed standards in public office commission. The Bill provides for the establishment of a new commission which will enjoy full tribunal powers and which could investigate complaints involving acts or omissions of politicians and public officials where the circumstances are such as to be inconsistent with the proper performance of the functions of the office concerned or with the maintenance of public confidence in their performance.
My colleague, the Tánaiste and Minister for Enterprise, Trade and Employment is also preparing whistleblowers protection legislation, which, it is intended, will apply to and protect all employees, including public servants, who make disclosures "reasonably and in good faith" regarding issues such as the conduct and affairs of their employers.
