Dáil Éireann Debate, Tuesday - 29 January 2013
355. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform if he will provide an update in the progress made on the Programme for Government commitment which states that this Government will introduce a two year time period preventing senior civil servants from moving into positions in the private sector which may prove to contain a conflict of interest. [3710/13]
View answer356. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform the current practice enacted for senior civil servants transferring from public sector roles into the private sector which may contain conflicts of interest; if there is a cooling off period; and the timeframe for that period. [3711/13]
View answerI propose to take Questions Nos. 355 and 356 together.
The information requested by the Deputy relating to the requirements applying to senior civil servants taking up employment outside of the Civil Service in the circumstances set out in the Deputy’s question, can be found in section 20 the Civil Service Code of Standards and Behaviour which is available at the Standards in Public Office Commission’s website ( www.sipo.ie.). Civil servants who hold positions which are “designated positions” for the purposes of the Ethics Acts are prohibited, within twelve months of resigning or retiring from the service, from accepting an offer of appointment from an employer outside the Civil Service or an engagement in a particular consultancy project, without first obtaining approval from the Outside Appointments Board - in the case of officers at and above Assistant Secretary level or the appropriate Secretary-General / Head of Office otherwise. This would apply where the nature and terms of such appointment or engagement could lead to a conflict of interest.
Applications are considered by the Outside Appointments Board on the basis of determining whether or not a clear conflict of interest exists. The Board can either approve the take up of an appointment, the acceptance of an engagement, attach conditions or recommend against the appointment. The composition, operation and reporting arrangements for the Board are set out in section 21 of the Code. Officers must also continue to observe the restrictions imposed by the Official Secrets Act 1963. Departments and Offices are required under the Code to monitor the acceptance of outside appointments by civil servants and former civil servants.
Significant progress has been made in developing my proposals for the regulation of lobbying in relation to the commitment included in the Programme for Government referred to in the Deputy’s question. The consultation process undertaken on this commitment was based on the OECD Principles for Transparency and Integrity in lobbying which recommend that it may be necessary to impose a ‘cooling-off’ period that temporarily restricts former public officials from lobbying their past organisations.
My proposals in this area - which draw on the Outside Appointments Board model applying to senior civil servants - will be published following consideration by Government as part of the General Scheme of a Regulation of Lobbying Bill. The relevant OECD principles also highlight the requirement for countries to consider establishing restrictions for public officials leaving office to address other potential conflict of interest situations that could arise. It is planned that these other elements of the Programme for Government commitment which also arise from the recommendations contained in the final report of the Mahon Tribunal will be addressed through the proposed reform of the legislative framework for ethics which is currently under way.
