Dáil Éireann díospóireacht -
Thursday, 24 Apr 1997

Vol. 478 No. 3

Adjournment Debate. - Dáil Candidates' Tax Probity.

Mr. Power

We are privileged to be living in a democracy. Unfortunately, democracy has been undermined in recent weeks and it is vital that public confidence is restored. I was fortunate to be elected to this House in 1989 and have been a Member ever since. I will be putting my name before the electorate of South Kildare, probably next month. I am very conscious of the honour they have bestowed upon me.

Being a Member of this House brings with it many privileges, rights and responsibilities. We have a duty to give leadership to the people. Certain standards must be kept. In seeking contracts advertised by local authorities or State agencies, an individual or company is required to hold a tax clearance certificate. While this change created problems initially, it is now accepted as the norm in business. It is understood that in seeking to do business with any arm of State, one is required to have one's tax affairs in order. Before one can fill potholes for Kildare County Council it is necessary to have a tax clearance certificate.The same applies to bookmakers and publicans in renewing their licences each year.

We are all expecting the general election to be called next week. I cannot understand why the same demand is not made of those seeking election to this House. We should not make demands of others that we are not prepared to make of ourselves. I call on the Government to introduce a measure that would make it compulsory for all candidates seeking election to this House to hold a tax clearance certificate. That would be one way of showing the people that we mean business.

All parties in the House have at some stage been accused of low standards. It is important that we set and keep standards. At public meetings I attended recently people claimed that they did not trust politicians and accused them of being on the take. I have no doubt, however, that the vast majority of Members live respectable lives and pay their dues. It is important that we do not fall into the trap of pointing the finger and blaming one another. We are honoured to be Members of this House, it is a privilege we should not take for granted.

Minister of State at the Department of the Environment (Ms McManus)

Eligibility to stand as a candidate in a general election or by-election is governed by Article 16.1 of the Constitution which states:

Every citizen without distinction of sex who has reached the age of twenty-one years, and who is not placed under disability or incapacity by this Constitution or by law, shall be eligible for membership of Dáil Éireann.

Section 41 of the Electoral Act, 1992 lists the disqualifications for membership of the Dáil. They are: that a person is not a citizen of Ireland; has not reached the age of 21 years; is a member of the Commission of the European Communities; is a judge, advocate general or registrar of the Court of Justice of the European Communities; is a member of the Court of Auditors of the European Communities; is a member of the Garda Síochána; is a wholetime member of the Defence Forces as defined in section 11 (4) of the Act; is a civil servant who is not by the terms of his or her employment expressly permitted to be a Member of the Dáil; is a person of unsound mind; is undergoing a sentence of imprisonment for any term exceeding six months imposed by a court of competent jurisdiction in the State or is an undischarged bankrupt under an adjudication by a court of competent jurisdiction in the State.

Section 42 provides that, on incurring a disqualification for Dáil membership or on appointment to a disqualifying position, a person who is a Member of the Dáil ceases to be such Member. The section also provides that if a Member of the Dáil is appointed Comptroller and Auditor General, a post declared by Article 33.3 of the Constitution to be incompatible with membership of the Oireachtas, he or she automatically ceases to be a Dáil Member.

Any change in the disqualification criteria for membership of the Dáil would have to be given detailed consideration because it goes to the heart of our democracy. It is a matter in which it would be desirable to proceed, as far as practicable, on the basis of consensus. It was for this reason that the Minister for the Environment forwarded some time ago a list of electoral matters to the Select Committee on Finance and General Affairs for its consideration. These matters include certain of the disqualifications set out in section 41 of the 1992 Act. While the question of tax clearance certificates was not on the list, there is not prohibition on the committee considering that matter, along with the other electoral items, and the Minister would take full account of any recommendations made.

I note that neither the report of the Constitution Review Group nor the first progress report of the all-party committee on the Constitution recommend any change in the disqualification criteria for membership of the Dáil. I will, however, bring the Deputy's contribution to the attention of the Minister.