Dáil Éireann Debate, Thursday - 28 February 2013
27. Deputy Pádraig Mac Lochlainn asked the Minister for Finance when the programme for Government’s commitment to introduce a two-year cooling-off period for workers leaving the Civil Service to join the private sector will be implemented; and if National Treasury Management Agency staff will be included in any such period. [10585/13]
View answerThe 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.
I understand that the Minister for Public Expenditure and Reform has made significant progress in developing 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. The 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 underway.
I am informed by the National Treasury Management Agency (NTMA) that its capacity to successfully perform its commercial market-facing functions is critically dependent on its ability to attract employees with specialist skills from the private sector, including at middle and senior management level. In considering this issue it is important not to compromise the NTMA’s ability to attract such employees. Mobility with the private sector is a crucial component of the NTMA business model. Indeed, NTMA staff assigned to NAMA is recruited on the basis of specified purpose contracts which will cease when NAMA no longer requires their particular function.
NTMA employees have notice periods of one or three months and 6 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 NTMA Chief Executive is currently reviewing NTMA policy in this area.
