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Ministerial Responsibilities

Dáil Éireann Debate, Tuesday - 8 April 2014

Tuesday, 8 April 2014

Questions (256)

Luke 'Ming' Flanagan

Question:

256. Deputy Luke 'Ming' Flanagan asked the Minister for Public Expenditure and Reform if he will ensure that when a communication in relation to wrongdoing is received in his Department, the communication will be deemed to have come to his attention; if he will confirm that, while he is not expected to personally exercise the function of dealing with wrongdoing, he is responsible for ensuring that the function is exercised; and if he will make a statement on the matter. [17109/14]

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Written answers

The Programme for Government contains a number of commitments specifically dealing with formal accountability relationships between Ministers and their Departments.  On 9 January 2014 I published a consultation paper Strengthening Civil Service Accountability and Performance www.per.gov.ie/civil-service-accountability-consultation-process which reviews in detail the broad range of issues to be considered in implementing the Programme for Government commitment.  These matters include, for example, the operation of the Carltona doctrine to which the Deputy's question relates under which powers vested in a Minister can be exercised by responsible officials on behalf of the Minister without any express act of delegation. 

I also have established an Independent Panel on Accountability to manage and oversee the consultation process, review submissions received, and develop recommendations for the consideration of the Minister for Public Expenditure and Reform.  The members of the Independent Panel include Professor Kevin Rafter, DCU (Chairperson), Mr. Michael Howard, recently retired Secretary General, Department of Defence, and Ms. Dorothea Dowling, Chair, Personal Injuries Assessment Board.

The Deputy's question is also connected to the provisions of the Protected Disclosures Bill, 2013 which is currently being considered by the Oireachas.  Under Section 8 of the Bill a disclosure can be made by any worker who is or was employed in a public body to a Minister of the Government on whom any function in relation to the public  body is conferred or imposed any enactment.  While, as is currently the case, the Minister is accountable to the Dail in respect of the action taken in respect of any such disclosure, it is not, however, proposed to adopt the approach set out in the Deputy's question in the Bill. 

As the Deputy's question implicitly acknowledges, it is of course not practicable for all communications to my Department that could potentially relate to any form of wrongdoing to come personally to my attention.  However it is important that individuals who wish to highlight wrongdoing have a clear channel of communication to do so either to my office or officials in my Department.  In this regard, under the Protected Disclosures Bill each public body is required to put in place internal procedures for dealing with disclosures and, in addition, at my request, the Labour Relations Commission is currently preparing a statutory code of practice in relation to this area.

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