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Legislative Measures

Dáil Éireann Debate, Thursday - 23 September 2021

Thursday, 23 September 2021

Questions (37)

Gerald Nash

Question:

37. Deputy Ged Nash asked the Minister for Public Expenditure and Reform the reason for his decision to propose a full new review of ethics legislation rather than restore the existing Public Sector Standards Bill 2015 to the order paper of Dáil Éireann; and if he will make a statement on the matter. [45496/21]

View answer

Written answers

Since it was established in 2011, my Department has committed significant resources in terms of policy development and consultation across government to explore how the statutory framework for ethics can be reformed to make it fit-for-purpose. An initial concrete outcome of this work was the Public Sector Standards Bill (the PSSB), which was brought forward by my predecessor in 2015. The broad aims of this draft legislation were to:

- Modernise, simplify and streamline the existing legislative framework;

- Respond to the recommendations on conflicts of interest contained in the final report of the Mahon and Moriarty Tribunals; and

- Consolidate local and national ethics requirements.

The PSSB commenced Second Stage of the legislative process in January 2016 and Committee Stage commenced in April 2017. However, as the Bill’s passage had not been completed when the Dáil was dissolved in advance of the 2020 General Election it lapsed (as with all Bills). The Programme for Government of the Government formed after the election contains a commitment to “reform and consolidate the Ethics in Public Office legislation”.

I recently brought proposals to Government for a review of the statutory framework for ethics in public life, as the first step in delivering on our commitment in the Programme for Government.

The review will enable us to take account of developments and issues that have arisen in public debate since the PSSB was last discussed in the Dáil in April 2017. The recommendations of the Review of Structures and Strategies to Prevent, Investigate and Penalise Economic Crime and Corruption (the ‘Hamilton Report’), published in December 2020, also fall to be considered in the context of a reform of the statutory framework.

The review will consider:

- Ireland’s existing ethics legislative framework,

- The recommendations of relevant tribunals of inquiry,

- Recommendations made by SIPO based on its operation of the current regime,

- The views of key stakeholders;

- Current EU/international best practice; and

- The views submitted during a public consultation.

The outcome of this review, which the Government has agreed to, will inform proposals for legislative reform that I intend to bring forward in 2022. These will have the ultimate goal of an easy to understand and user-friendly ethical framework that contributes to the quality and effectiveness of our public administration.

Question No. 38 answered with Question No. 25.
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