Dáil Éireann díospóireacht -
Tuesday, 5 Oct 1999

Vol. 508 No. 3

Written Answers - Local Authority Guidelines.

Pat Rabbitte

Ceist:

104 Mr. Rabbitte asked the Minister for the Environment and Local Government the regulations or guidelines which exist governing the receipt of moneys, gifts or hospitality by local authority officers particularly those working in sensitive areas such as planning; if he has satisfied himself that these are adequate; if he has asked local authorities to take any steps to remind officers of the regulations in this regard in view of recent disclosures; and if he will make a statement on the matter. [18705/99]

Minister for the Environment and Local Government (Mr. Dempsey):

Rules of conduct for officers of local authorities were issued in 1960. These rules contain a provision that a local authority officer should not ask for or accept any gift or reward of any kind for any help or information given to the public on official matters. This applies to hospitality as well as to actual gifts.

Local authorities are reminded regularly of the need to ensure that officers are aware of the requirement for integrity in the performance of their duties and of the prohibition on a local authority office holder from engaging in any other gainful occupation which might conflict with the interests of the local authority or be inconsistent with the discharge of the duties of their office.

Particulars of office for local authority officers include a provision to the effect that holders of local authority offices shall pay to the local authority any fees or other moneys, other than inclusive salary, payable to or received by them by virtue of their office or in respect of services which they are required by or under any enactment to perform.

Sections 32 and 33 of the 1976 Planning and Development Act require officials of planning authorities to make a declaration of all relevant interests which are then maintained in a register open to the public by the local authority. Officials must also, where they have a beneficial interest in a matter before the authority, declare that interest to the manager, or in the case of the man ager to the authority. They are also prohibited from seeking to influence the decision of the authority. Failure to comply with these provisions is an offence under the Acts. These provisions are being re-enacted in the Planning and Development Bill, 1999. The 1999 Bill also contains an additional provision section 135 requiring planning authorities to draw up codes of conduct for members and staff dealing with conflicts of interest and promoting public confidence in the integrity of the conduct of the authority's business. Any recommendations made by the Flood Tribunal will also be considered in relation to these matters.

In addition, as part of the ongoing major programme of local government renewal, it is my intention to introduce a comprehensive code of ethics, applicable to all local authority employees in the forthcoming Local Government Bill.