Ethical conduct in public office continues to be governed by the Ethics in Public Office Act 1995 and the Standards in Public Office Act 2001 (‘the Ethics Acts’), and, at local level, by Part 15 of the Local Government Act 2001, as amended.
Part 15 of the 2001 Act provides an ethical framework for local government, which imposes a statutory duty on all in the service to maintain proper standards of integrity, conduct and concern for the public interest. This includes the completion of annual declarations by councillors and the maintaining of a public register of interests by each local authority.
Regulations were given effect in 2015 setting out the prescribed form to be used for annual declarations. My Department issues directions at the beginning of each year to remind councillors and local authorities of their statutory obligations, as well as providing guidance on the completion of annual declarations. We will ensure the matter of timely publication of the register is reinforced in the directions that will issue early in 2023.
Each local authority appoints an Ethics Registrar to issue annual declaration forms and maintain public registers. If a person considers that a member of a local authority may have breached their obligations under the Acts or the Code, they should bring their complaint to the attention of the Ethics Registrar in the relevant local authority in the first instance. If a person is not satisfied with the outcome of any examination by the local authority then the complaint may be referred to the Standards in Public Office Commission (SIPO) after local avenues have been exhausted.
SIPO has the authority to examine complaints about councillors and local authorities regarding non-compliance with statutory requirements set out under Part 15 of the 2001 Act. SIPO is independent in the performance of its functions. My Department has no function in relation to examining such complaints.
The Programme for Government: Our Shared Future includes a commitment to reform and consolidate ethics legislation. As part of this process the Department of Public Expenditure and Reform has been carrying out a review of ethics legislation in consultation with other Government Departments and key stakeholders, including examination of requirements in relation to annual declarations by office holders and prescribed employees.
My Department has been informed that a report of the findings of this review is now being finalised for consideration by the Minister for Public Expenditure and Reform who will then bring this report to Government for its approval and publication. It is intended that Government approval will also be sought to prepare a General Scheme of a Bill, to be drafted during 2023.
My Department is awaiting the outcome of this review process and will engage with the Department of Public Expenditure and Reform regarding any specific issues that are identified in relation to the local government sector.
