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Dáil Éireann Debate, Tuesday - 8 October 2013

Tuesday, 8 October 2013

Questions (279)

Micheál Martin

Question:

279. Deputy Micheál Martin asked the Minister for Public Expenditure and Reform the progress made in his programme for Government on senior public servants, including political appointees not working in the private sector, until two years have elapsed after they have left public service; and if he will make a statement on the matter. [30040/13]

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Written answers

The Programme for Government commitment has been examined in the first instance in the context of the introduction of a statutory register of lobbyists and rules governing the conduct of lobbying.

Government approval was secured at the end of April for the drafting of the Lobbying Regulation Bill 2013 by the Office of the Parliamentary Counsel. The General Scheme has been referred to the Finance, Public Expenditure and Reform Committee for pre-legislative scrutiny. It is anticipated that the Bill will be published by end year. In this Bill it is proposed that restrictions in relation to the “cooling off” period should be focused and targeted on the specific conflict of interest expected to arise in a lobbying situation.

The legislation will require certain designated public officials or office holders to apply to the Lobbying Registrar for approval to take up a position involving lobbying of former colleagues (e.g. principals, peers or subordinates) in the public body in which they previously worked (or in a further public body to which such colleagues have subsequently transferred) during a period of one year subsequent to having left the public service.

This approach allows the Lobbying Registrar to permit, for example, the take up of employment but to impose restrictions in relation to engagement in certain activities rather than a blanket ban. This approach seeks to deliver on the policy objective of regulating this area while adopting a fair and proportionate approach on a case by case basis.

It should also be noted that the cooling-off period proposed is limited to one year rather than the two year period included in the Programme for Government. This revised approach reflects a review by my Department of the duration of similar provisions in other jurisdictions which highlights that the introduction of a two-year restriction for a relatively wide body of public officials would fall into the upper-end of the international norms in this area (notwithstanding that there are significantly longer cooling–off periods in force in some jurisdictions). The one-year period also aligns with the current post-public employment restriction in place under the Civil Service Code of Standards and Behaviour.

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. As the Deputy is aware, 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 reform of the legislative framework for ethics which is currently being progressed by my Department.

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