Vol. 531 No. 2
8 Mr. Howlin asked the Minister for the Environment and Local Government if, in regard to his statement of 4 January 2000, he will state the reports he has received from county managers regarding breaches by local authority staff of their conditions of employment, especially in regard to planning matters; and if he will make a statement on the matter. [5139/01]
On 4 January, I wrote to local authority managers about the matter of staff engaging in activities which were incompatible with their official roles. I asked managers to check the position in relation to the local authorities for which they were responsible and to report on the outcome of this exercise within three months. I asked for confirmation at that stage that the managers were now satisfied that no member of staff was currently involved in private activities which were incompatible with his or her official role. These reports are due by 4 April. None has been received to date.
Did the Minister obtain confirmation from the managers that none of the staffs of local authorities are engaged in practices which are in breach of the regulations, on a current basis?
The reports on foot of the request are not due until 4 April.
That is the reports' investigation, but has the Minister received confirmation that they are not doing it now?
No. It was all the one report.
Investigations carried out by county managers and subsequent reports made to the Minister would take some time, and I understand that the Minister has given three months for that. I also understand, however, that he asked for confirmation that, on a current basis, no members of local authority staffs are engaged in activities which are in breach of the regulations. Surely that would not take three months to be submitted to him?
I requested it and gave them three months to make a report on both aspects. That is, to check the position in relation to the local authorities for which they were responsible and to report on the outcome of the exercise in relation to officers who were engaged in activities that were incompatible with their official roles. I also asked them, as part of that report, to confirm at that time – when they submit the report – that nobody is currently involved in private activities. It is all part of the one report.
Does the Minister intend to make another statement when he receives these reports? From the point of view of how local authorities work, it is terribly important that the Minister should bring closure to this issue in order to restore the public's confidence in local authorities, which the Minister must be aware has been completed decimated. It is also important to ensure these practices are not going on and to restore the good name of the many good employees in local authorities throughout the country who are not only distressed but totally demoralised by this. It is a sector in which it is extraordinarily difficult to retain staff. It is up to the Minister not only to ask for a report but to act on it to bring closure to this issue.
I hope when I get these reports I will be able to bring closure to this issue. I have not made up my mind on how to do that. I agree with the Deputy that very many of the staff are not engaged in any activities that contravene the guidelines or the professional code of conduct. I made that precise point in my statement on 4 January. I said it was necessary not only to ensure that any malpractices are unearthed but to protect the reputation of the very many local authority officials who discharge their duties with integrity.
I agree with the Deputy it is important that we try to bring closure to this issue. A number of local authorities are investigating a number of matters that have been brought to our attention.
I agree with Deputy Mitchell and the Minister that it is important this matter should be brought to closure and that the reputation and integrity of the overwhelming majority of staff in local authorities is reassured and reaffirmed. Has the Minister given any thought to the Comptroller and Auditor General having a possible role regarding the accountability of local authorities or to some mechanism whereby, at a general level, this House might have some role in regard to accountability in that area?
What information was available to the Minister prior to his making that statement on 4 January and what was the source of that information?
If a member of the public became aware of irregular practices in a local authority, what procedure would he recommend that person should follow to expose it?
In relation to Deputy Gilmore's question, I gave some thought to the Comptroller and Auditor General having a role in making local authorities accountable to this House, but I dismissed that idea, as local authorities, unlike many other bodies, are democratically elected. The manager and staff of local authorities are accountable to directly elected representatives. There is not a role for the Comptroller and Auditor General in that area, but there is a separate independent audit service for local government, which was confirmed by my predecessor. That service was strengthened by way of audit committees in the local government Bill.
As to what I was aware of when I initiated that inquiry, Deputy Clune may recall a major issue arose at that time concerning engineers in Roscommon and that matter became public. Prior to that I had given approval to the dismissal of an engineer in Donegal on foot of a complaint. There were newspaper reports in relation to Kerry around the same time and at that stage I decided I had to bring a focus on this issue to try to bring some closure to it.
What was Deputy Gormley's question?
It was about a member of the public who became aware of malpractice.
If a member of the public is concerned about a matter involving a member of the staff of a local authority, that person should report the matter to the manager of the local authority, as he or she has responsibility for this area. If it was matter of corruption in which the manager was involved, it should be brought to the attention of the Garda, but in some cases where people have had such complaints, they have brought it to my attention or to the attention of the Department and it has been dealt with accordingly. In some cases an official of the Department may be appointed to hear both sides of the story. If the complaint appeared to have substance and was serious, it would generally be submitted to the Garda. If it involved a case of corruption, I have said in the past, it might be suitable to bring such a matter to the attention of the Flood tribunal, which is investigating planning matters.
