Review of Statutory Framework for Ethics in Public Life (IE0049)

Objective A fit-for-purpose, easy to understand and user-friendly legislative framework that contributes positively to the quality and effectiveness of our public governance and by so doing enhances trust and confidence in public officials and democratic institutions.

Status Quo Under the two previous Open Government National Action Plans, the Public Sector Standards Bill 2015 (PSSB) was being progressed. The PSSB commenced Second Stage in January 2016 and Committee Stage commenced in April 2017. However, the Bill’s passage had not been completed when the Dáil was dissolved in advance of the 2020 General Election and it lapsed. The new Programme for Government (2020) includes a commitment to ‘reform and consolidate the Ethics in Public Office legislation’. The provisions underpinning Ireland’s current statutory framework for ethics in public life are contained in a number of statutes, with separate regimes at national and local levels for disclosure of interests, sanctions, disclosure of donations, and other ethics requirements. At the national level, the Ethics in Public Office Act 1995, amended by the Standards in Public Office Act 2001 (collectively called the Ethics Acts), and associated statutory instruments, provide a legal basis for the operations of the Standards in Public Office Commission and disclosures of interests by Oireachtas members, office-holders and certain other persons within the civil service. It also provides a prohibition on retention of certain gifts. At the local level, the Local Government Act 2001 - Part 15 - regulates disclosure of interests by local representatives. This legislation is under the auspices of the Minister for Housing, Local Government and Heritage.

Ambition To review the statutory framework to put forward proposals, including legislative, to further strengthen, modernise, simplify and streamline the statutory framework for ethics in public life with a robust and effective institutional framework for oversight, investigation and enforcement.

Commitment description

What is the public problem that the commitment will address? The Annual Reports of the Standard in Public Office Commission (SIPO) detail the Commission’s operation of the ethics regime and contain detailed recommendations for reform of the statutory framework and any progress made on its earlier recommendations. The final report of the Tribunal of Inquiry into certain Planning Matters and Payments (Mahon Tribunal), which was issued in 2012, contains a number of recommendations to address perceived weaknesses in the current system in the area of control and oversight of conflicts of interest. The second report of the Tribunal of Inquiry into certain Payments to Politicians and Related Matters (the Moriarty Tribunal) contains a recommendation on the auditing of the financial affairs of Office Holders by SIPO. These recommendations have not yet been implemented. In 2014, the Council of Europe’s Group of States against Corruption (GRECO) recommended that ‘Ireland should replace the existing ethics framework with a uniform and consolidated values-based normative framework’. Due in part to the lack of progression of the Public Sector Standards Bill, GRECO rated Ireland as “globally unsatisfactory” in June 2018 (GRECO removed this rating in 2020). GRECO continues to re-iterate this recommendation, most recently in November 2020. Instances of further potential gaps in the framework for ethics have become matters of public debate. Relevant recommendations of the Review of Structures and Strategies to Prevent, Investigate and Penalise Economic Crime and Corruption (the ‘Hamilton Report’), published in December 2020, also fall to be considered in the context of reform of the statutory framework. In particular, the Report notes that delayed implementation of reform would be detrimental to Ireland’s evaluations by the relevant international monitoring bodies and ‘have adverse implications for the State’s anti-corruption regime’.

What is the commitment? To undertake a comprehensive review of the statutory framework for ethics in public life, which will inform proposals for legislative reform to be brought to Government in 2022.

How will the commitment contribute to solving the public problem? Recommendations from this review, including legislative, are expected to further strengthen, modernise, simplify and streamline the statutory framework for ethics in public life with a robust and effective institutional framework for oversight, investigation and enforcement. This will enhance public accountability and transparency, strengthening the trust of citizens in democracy and its institutions. Ensuring that conflicts between the public interest and private interests of public officials are regulated correctly, is central to maximising the value generated and contribution made by the public sector. A significant body of international research has established a clear link between the quality of public institutions and long-term economic and social sustainability. Recommendations emerging from the review are to revert to Government, including for legislative reform(s), as appropriate.

Describe what the intended impact of successful implementation will be? A modern, fit for purpose legislative framework in this area is important to ensure there is public trust and confidence in public institutions and officeholders and to safeguard Ireland’s reputation. An up-to-date, fit-for-purpose, easy to understand and user-friendly ethical framework will contribute to the quality and efficacy of public administration. Ensuring that conflicts between the public interest and private Page 10 of 26 interests of public officials are regulated correctly, is central to maximising the value generated and contribution made by the public sector. Implementing reform in a timely manner is also important in the context of Ireland’s evaluations by the relevant international monitoring bodies and the State’s anticorruption regime. A significant body of international research has established a clear link between the quality of public institutions and long-term economic and social sustainability.

Which Open Government value(s) does your commitment relate too? Values: Public Accountability and Transparency Theme: Anticorruption

Why is (and describe how) this commitment is relevant to the Open Government value(s)? The statutory review will result in up-to-date evidence based policy and legislative recommendations, shaped by participation of the public via the public consultation and external/internal stakeholders engagement. Subject to the approval of the Government, these will implemented to further enhance the rules, regulations and mechanisms that make up Ireland’s statutory framework for ethics in public life to ensure those in public life and government officials have improved clarity and enhanced oversight, investigation and enforcement.

What United Nations Sustainable Development Goal14 does this commitment relate too15? . Goal 16: Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels Sub-goal 16.6: Develop effective, accountable and transparent institutions at all levels 14 Refer to the United Nations Sustainable Development Goals at https://sustainabledevelopment.un.org/topics/sustainabledevelopmentgoals 15 Ireland includes this additional information to further enhance the coordination of policy implementation and it is a requirement under Ireland’s 2nd Sustainable Development Goal National Implementation Plan 2021-2023 (draft).

Additional information (if known) This review will encompasses initiatives carried forward from previous Open Government National Action Plans (commitment 3.1 in NAP 1 and commitment 13 in NAP 2) 16 . This review will further the commitment in the 2020 Programme for Government to ‘reform and consolidate the Ethics in Public Office legislation’.

Commitment milestones Suggested next steps and milestones to guide implementation (Don’t forget to capture and detail any public facing element desired; e.g. stakeholder engagement) Who / What organisation (if known) When (if known) Additional info. Seek agreement of Government for detailed proposals for the Review. DPER17 May 2021 – Sept 2021 Review of the existing statutory framework for Ethics in Public Life DPER May 2021 – End of 2021 Seek agreement on a public consultation to inform the review. DPER Mid Oct 2021 – Early 2022 Engage with various stakeholders:  The Dáil and Seanad Committee’s on Members Interests;  Local government representative bodies (the Association of Irish Local Government and the Local Authority Members Association); and  Key stakeholders (e.g. Transparency International Ireland) DPER & Oireachtas (legislature) Initiate at the same time as the public consultation The outcome of the Review and public consultation will inform a Memorandum for Government with the proposals to progress implementation. DPER 2022

Action Plan Review

Commitment 1. Review of Ireland’s Statutory Framework for Ethics in Public Life

● Verifiable: Yes

● Does it have an open government lens? Yes

● Potential for results: Modest