I move:
That Seanad Éireann adopts the following code of conduct for Members of Seanad Éireann other than office holders:
Preamble
The Members of Seanad Éireann other than office holders (referred to hereafter as ‘Members') recognise that it is in their individual and collective interest to foster and sustain public confidence and trust in their integrity as individuals and in Seanad Éireann as an institution. To this end, Members should at all times be guided by the public good and ensure that their actions and decisions are taken in the best interests of the public.
The Members of Seanad Éireann have adopted this code of conduct pursuant to Article 15.10 of the Constitution and in accordance with section 10 of the Standards in Public Office Act, 2001, the purpose of which is to guide Members in the discharge of their obligations in a manner which is consistent with the proper performance of the functions of the Office of Member of Seanad Éireann.
Code
1. Members must, in good faith, strive to maintain the trust placed in them, and exercise the influence gained from their public office to advance the public interest.
2. Members must conduct themselves in accordance with the provisions and spirit of the code of conduct and ensure that their conduct does not bring the integrity of their office or the Seanad into disrepute.
3. (i) Members have a particular obligation to behave in a manner which is consistent with the proper performance of the functions of the Office of Member of Seanad Éireann and with the maintenance of confidence in such performance by the general public.
(ii) Members must interact with authorities involved with public administration and the enforcement of the law in a manner which is consistent with their roles as public representatives and legislators.
4. (i) A conflict of interest exists where a Member participates in or makes a decision in the execution of his or her office knowing that it will improperly and dishonestly further his or her private financial interest or another person's private financial interest directly or indirectly.
(ii) A conflict of interest does not exist where the Member or other person benefits only as a member of the general public or a broad class of persons.
5. (i) Members must base their conduct on a consideration of the public interest and are individually responsible for avoiding conflicts of interest.
(ii) Members must endeavour to arrange their private financial affairs to prevent such conflicts of interest arising and must take all reasonable steps to resolve any such conflict quickly and in a manner which is in the best interests of the public.
6. Members may not solicit, accept or receive any financial benefit or profit in exchange for promoting, or voting on, a Bill, a motion for a resolution or order or any question put to the Seanad or to any of its committees.
7. Members must fulfil conscientiously the requirements of the Seanad and of the law in respect of the Ethics in Public Office Acts and, to assist them in so doing, should familiarize themselves with the relevant legislation and guidelines published from time to time by the Select Committee on Members' Interests and the Standards in Public Office Commission as appropriate.
8. (i)Members must not accept a gift that may pose a conflict of interest or which might interfere with the honest and impartial exercise of their official duties.
(ii) Members may accept incidental gifts and customary hospitality.
9. In performing their official duties, Members must apply public resources prudently and only for the purposes for which they are intended.
10. Members must not use official information which is not in the public domain, or information obtained in confidence in the course of their official duties, for personal gain or the personal gain of others.
11. Members must co-operate with all tribunals of inquiry and other bodies inquiring into matters of public importance established by the Houses of the Oireachtas.
The Committee on Members' interests has placed this code of conduct before the House for its approval. The House is required under section 10 of the Standards in Public Offices Act, 2001, to adopt a code of conduct on which the committee has been working for months and, in so doing, circulated a draft code to all Members and sought their views on its content. As required by the Act of 2001, the committee also consulted the Standards in Public Office Commission. Members are well aware of the background to the demands from the public for a code of conduct and ethics in public office to be legislated for. The Act of 2001 clearly provides that the code should act as a guide to Members. It is on this basis that the committee brings this proposal before the House today.
It may be asked why the code does not attach penalties for breaches – the Act does not provide for the imposition of penalties for breaches of the code, but breaches would likely come within the ambit of section 4 of the Act in relation to specified acts which provides for an investigation and the attachment of penalties. The relevance of the code is that it can be used to establish the expected standards of conduct and integrity for Members of Seanad Éireann. It is important that Members know what is expected and required of them and that their actions are transparent and in the interests of the general public, not themselves. The code should strengthen public confidence in the membership of the Seanad and the institution itself.
The Committee on Members' Interests is small but hardworking. I pay tribute to the Cathaoirleach, Senator Mullooly, who, as we all know, is a fair minded man and brought that quality to the committee with his knowledge of procedure and wealth of common sense. I also thank the clerk to the committee who worked hard to ensure everything was brought before it and for assisting the Cathaoirleach and committee members to bring the code to where it is today. I commend the motion to the House.