Dáil Éireann Debate, Tuesday - 16 October 2007
119 Deputy Richard Bruton asked the Tánaiste and Minister for Finance if he plans to amend the legislation governing the Standards in Public Office Act 2001 in order that it can initiate its own investigations of matters which may breach proper behaviour by persons in its area of responsibility. [23581/07]
Amharc ar fhreagra125 Deputy Ruairí Quinn asked the Tánaiste and Minister for Finance if the Government will amend the Ethics in Public Office Act 1995 to allow the Standards in Public Office Commission to appoint an inquiry officer without having received a formal complaint in view of the fact that SIPO has urged the Government to do so on a number of occasions. [23688/07]
Amharc ar fhreagraI propose to take Questions Nos. 119 and 125 together.
The Standards in Public Office Act 2001 already allows the Standards in Public Office Commission to carry out ‘own initiative" investigations, where it considers it appropriate to do so, on "specified acts" and on breaches of other provisions of the Ethics legislation, by persons in its area of responsibility, and as provided for by the legislation.
As regards the appointment by the Standards Commission of an inquiry officer into matters in respect of which no complaint has been made, the Government's position on this has been made clear on several occasions: a formal complaint to the Commission should be required before the Standards Commission can appoint an inquiry officer to initiate a preliminary inquiry. Such an inquiry process, in itself, can carry serious consequences for the person under investigation. It is difficult to accept that the appointment of an inquiry officer would be justified in circumstances where a formal complaint had not been made to the Standards Commission from any of the numerous categories of persons (including members of the public and any public representative) entitled to do so against persons and officer-holders against whom complaints can be made to the Commission. If a matter is of sufficient public importance or substance to warrant an inquiry, it must surely be of sufficient importance to warrant a formal complaint.
