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Civil Service Code of Conduct

Dáil Éireann Debate, Tuesday - 29 January 2013

Tuesday, 29 January 2013

Questions (265)

Seamus Healy

Question:

265. Deputy Seamus Healy asked the Minister for Finance if, in view of the recent resignation of a senior official (details supplied) who was head of Shareholder Management Unit, in his Department to take up a senior position at Bank of Ireland and their possession of vital up to date information which might be of advantage to now privately owned Bank of Ireland and its North American investor, and in view of the fact that the current Government had agreed to the sale of over 35% of BOI to North American investors for €1.1 billion though the State had invested circa €5 billion in BOI and now holds a mere 15% share of ownership, less than half that owned by the North American investor, the possession by the senior official of knowledge of the affairs of competitors of BOI, including State owned AIB and Permanent TSB which may be of advantage to BOI, the prohibition on senior civil servants taking up employment in private sector for 12 months after resignation from the public service to avoid such conflicts of interest, the fact that the senior official in question was employed by the National Treasury Management Agency and seconded to his Department, the senior official concerned and or the section of his Department of which he was head was involved in anyway in the process that lead to the sale of 35% of BOI to the North American investor in Summer 2011 whether by advice or otherwise; if he will extend the 12 month stay on senior public servants taking up employment in private sector employment to those on secondment in order to preclude conflicts of interest; if he will further extent the same 12 month stay to senior employees of the National Treasury Management Agency [4209/13]

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Written answers

The Civil Service Code of Standards and Behaviour contains provisions regarding acceptance of outside appointments and of consultancy engagement following resignation or retirement. The code does not apply to directors or employees in State bodies in the wider public service. I am informed by the National Treasury Management Agency (NTMA) that NTMA employees have notice periods of one or three months and six months in the case of the Chief Executive. All NTMA employees are subject to section 14 of the National Treasury Management Agency Act, 1990 which prohibits an employee from disclosing any information obtained while carrying out their duties as employees of the NTMA. NTMA employees are also subject to the Official Secrets Act. Contravention of the NTMA Act and the Official Secrets Act is a criminal offence and the prohibition on disclosing confidential information applies indefinitely and extends to former employees. I understand the Chief Executive of the Agency is reviewing NTMA policy in this area.

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