Dáil Éireann Debate, Tuesday - 15 January 2019
286. Deputy Róisín Shortall asked the Minister for Public Expenditure and Reform the expected timeframe for the full passage of the Public Sector Standards Bill 2015; the reason for the delays in the progress of the Bill; and the reason it has not proceeded beyond Committee Stage. [1638/19]
View answer287. Deputy Róisín Shortall asked the Minister for Public Expenditure and Reform if he will provide a consolidated table that compares the law now with what it will be after the Public Sector Standards Bill 2015 is implemented in terms of the new obligations on officials as promised in committee proceedings on the Bill. [1639/19]
View answerI propose to take Questions Nos. 286 and 287 together.
The Public Sector Standards Bill 2015 was published on 23 December 2015 and completed Second Stage in the Dáil on 20 January 2016. Committee Stage commenced on the 6th of April 2017, where sections 1 to 42 of the 66 sections in the Bill were agreed. Much work has been completed since the Bill was considered in Committee, including work specifically requested by the Finance, Public Expenditure and Reform, and Taoiseach Committee (the Committee) and this work is outlined as follows.
- Letters to T.D.s, Senators and Local Authority Representative Organisations:
At the request of the Committee, I issued comprehensive letters and briefing regarding the Bill on 10th May 2017 to all TD's, Senators, and Local Government Representative Organisations. These letters detailed background information and key reforms of the Bill and included three attachments about the main provisions and checks and balances within the Bill, along with the table that you refer to in your question. For ease of reference I have attached a copy of this table. Finally, the letters stated that my officials were available to discuss any issues that may arise.
- Briefing for T.D.s and Senators:
At the Committee's request, a comprehensive briefing session on the Bill for all T.D.'s and Senators took place on 30th May 2017 in the Oireachtas.
- The Committee
On 16 August 2017 I wrote to the clerk of the Committee outlining that the requests made by the Committee had been met in full and seeking a resumption date for consideration of the Bill.
- Discussions with T.D.s:
Minister of State O'Donovan is currently bringing the Bill forward on my behalf. In order to gain some cross-party consensus for the Bill, two meetings were held between the Minister of State, his officials and Deputy Dara Calleary T.D., Fianna Fáil in November and December 2017, and a meeting was held between the Minister of State, his officials and Deputy Jonathan O'Brien, Sinn Féin in November 2017. These meetings discussed issues regarding various aspects of the Bill. A substantive reply issued to Deputy Calleary in relation to his concerns in December 2017. Deputy O'Brien's issues were addressed at the meeting and he advised that Sinn Féin was broadly in agreement with the Bill.
- Local Authority Representative Groups:
The AILG and LAMA (Local Authority Representative Groups) were invited to the Committee in November 2017 to outline their issues in relation to the Bill. The clerk to the Committee then wrote to my Private Secretary enclosing the Official Transcript of the meeting and a letter from the AILG to me dated June 2017 (which was never received in my Department). The Committee asked my Department to review and address the issues that arose in the course of the hearing and to engage with the stakeholders in that regard. The Official Transcript was thoroughly reviewed by my officials to identify issues raised at the hearing. In January 2018, a meeting took place with the Local Authority Representative Groups to listen to their issues in relation to the Bill. In May 2018, officials also met with representatives from the CCMA (County and City Management Association).
- The Committee:
A letter issued to the clerk of the Committee on 13 March 2018 outlining the response to each of the issues raised by the AILG and LAMA at the FPER Committee meeting in November 2017, and stated that given that all the requests of the Committee had been met, the Minister of State was seeking that the Committee re-commence and complete Committee Stage of the Bill as soon as possible. A reminder letter issued from the Minister of State in June 2018. A date of the 27th of September 2018 was provided for the re-commencement of Committee Stage, however, it had to be postponed due to a bereavement in the Minister of State's family. Committee Stage was subsequently re-scheduled for the 22nd of November 2018, however, this date was deferred by the Committee. My Department has since then, on a number of occasions, requested urgent re-scheduling of Committee Stage and is currently awaiting a date from the Committee.
- Proposed Report Stage amendments
In order to address and resolve the various issues raised during the Committee session on 6 April 2017 and during the subsequent meetings with Oireachtas members and Local Authority Representative Groups, the Minister of State will be proposing a number of Report Stage amendments to the bill which have already been approved by Government. These will be outlined at Committee Stage.
Finally, I would like to highlight that my Department has been working tirelessly on various items regarding the Bill, with a view to facilitating the speedy passage of the Bill through the Oireachtas, once Committee Stage is re-commenced.
Table setting out the current declarations regime and the new proposed regime under the Public Sector Standards Bill 2015 for Oireachtas Members and Members of Local Authorities
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Current Declarations Regime |
Proposed Declarations Regime for category A and B under the Public Sector Standards Bill |
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Must declare - profession, trade, occupation etc (other than as a public official) where income exceeds €2,600 at national level (no threshold at local level) - position as lobbyist, consultant or advisor (applies at national and local level) |
Will continue to apply, but - source of income over €2,600 will be declarable by category A and B; and amount of this income will be declarable for category A on private basis. Reference to a source of income does not include a reference to particular clients of a business or profession of official - will continue to apply |
|
- any interest in land where value over €13,000 including where official entered into contract to buy land or any option to do so but not private home (national level); - any estate or interest in land including the interest of official in any contract entered into to buy or sell land or options held by him or any business of dealing in or developing land by a company of which the official or his nominee is a member (local level) - any profession, business or occupation the official is engaged in on own behalf or otherwise relating to dealing in or developing land and any business of dealing in or developing land carried on during the appropriate period by a company or other body of which the person concerned, or any nominee of the person, is a member (local level) |
- any estate or interest in land held by the official where the value is over €10,000 (other than a family home) and including where official entered into contract to buy land or any option to do so - source of income from developing land by or on behalf of the official and for this purpose income of a company or body corporate related to or dealing with land shall be included if the company or body is connected to the official (by virtue of the definition) - any estate or interest in land over €10,000 held by a company or body corporate where connected to the official by virtue of the definition of a connected person |
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- Shares, debentures, bonds etc. or other like investments in a company if aggregate value over €13,000 (national and local level) |
- Any beneficial or legal interest in shares, debentures, bonds or other like investments in a company where interest is over €13,000. Doesn’t include money in current account, deposit or other accounts or interests in not-for profits or residential management companies etc |
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- Directorships or shadow Directorships of any company (national and local levels) |
- Continues, but management positions of any companies held will also be declarable |
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- Travel and related facilities is declarable subject to a number of exclusions. |
- See following table on gifts, travel etc |
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- Gifts, property and services declarable excluding where given on personal basis unconnected with work or where under €650 (national and local level) |
- See following table on gifts, travel etc - The supply or lending of property or supply of a service to the official at less than commercial consideration by prices more than €200 but less than €600 or where supplied or lent free of charge |
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- Contracts where directly or indirectly supplied goods or services to public body or Minister (national level) or to a local authority (local level) exceeding €6,500 |
- Continues but threshold reduced to €5,000 |
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- Interests of which official has actual knowledge of spouse or child which could materially influence the official in the performance of his/her functions (applies to Office Holders and all designated public officials but not to other Oireachtas Members at national level; does not apply at local level but beneficial and pecuniary interests must be declared and these apply to connected persons). |
- Interests of spouse or child where official has actual knowledge the interest could reasonably be perceived as connected with the performance of his/her functions |
Private declarable interests (new requirements under the PSS Bill – applies to Category A)
Amount of income relating to
- remunerated trade, profession, employment etc excluding remuneration as public official
- dealing in or developing land
- position as consultant or adviser or as lobbyist
- any individual assets and liabilities in excess of €50,000
- any gifts which exceed €200 by a non-relative and is not connected with the performance of functions
- any travel which exceeds €600 given by a non-relative and not connected with the performance of functions
- the supply or lending of property or a service for less than commercial price by more than €200 or free of charge if the commercial consideration is more than €200
- the interests of relatives (who are not public officials), which they have knowledge of, that could be perceived as connected with the performance of the function of the official
(spouses and children interests are part of the public declaration as is currently the case)
Ad Hoc declarations
The ad hoc declarations comprise the declarations currently set out in the individual sections of the 1995 Act relating to the performance of functions for public officials at national level (sections 16, 17, 18 and 19) with the exception of members and office holders which are set out at sections 7 and 14 respectively. In relation to members, where the member proposes to speak or vote at proceedings and he/she or a connected person has a material interest in the subject matter shall make a declaration before the proceedings or during his/her speech or before voting. There are similar provisions at Local Government level at section 176 and 177 of the Local Government Act 2001 where the official must disclose the interest or the connected person’s interest at the meeting and before discussion of the matter but in the case of the Local Government official, he/she must withdraw from the meeting while the matter is being discussed.
In the Bill, section 12 provides for ad hoc declarations relating to meetings of the Houses, local authorities, certain committees and boards. It provides that elected representatives at national and local level must declare their interests or a connected person’s interests before proceedings or voting and before discussions on matters begin and must withdraw from the meeting and take no part in the discussion or voting at local authority level and such obligations will now also apply to Board members. In relation to members of the Oireachtas, provided he/she makes the declaration then he/she may continue to participate and vote.
Section 13 sets out ad hoc provisions concerning other public officials which reflect current obligations.
Table regarding proposed regime for gifts, travel, accommodation, refreshment and ancillary facilities as proposed in the Public Sector Standards Bill 2015
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- |
- |
Received from a relative |
Received from a person not related |
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Is gift/travel connected with official’s function? |
Not connected with function |
Connected with function |
Not connected with function |
Connected with function |
|
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Travel etc |
Accept, no declaration |
Accept, no declaration |
Accept, no declaration |
Accept, no declaration |
|
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<€200 in 12 months |
Gifts |
Accept, no declaration |
Accept, no declaration |
Accept, no declaration |
Accept, no declaration |
|
Travel etc |
Accept, no declaration |
Accept, no declaration |
Accept, no declaration |
Accept, no declaration |
|
|
€200-600 in 12 months |
Gifts |
Accept, no declaration |
Accept, declared by all officials |
Accept. Only Category A declares, confidentially |
Accept, declared by all officials |
|
Travel etc |
Accept, no declaration |
Accept, declared by all officials |
Accept. Only Category A declares, confidentially |
Accept, declared by all officials. Excludes travel etc. provided in the course and for the purpose of performing official functions |
|
|
>€600 in 12 months |
Gifts |
Accept, no declaration |
Refuse/remit and notify Commissioner |
Accept. Only Category A declares, confidentially |
Refuse/remit and notify Commissioner |
