Minister McGrath obtains approval of Review of Ireland’s Statutory Framework for Standards in Public Office

At its meeting this week (13 December 2022) the government approved the publication of the Report of the Review of Ireland’s Statutory Framework for Standards in Public Office undertaken by the Department of Public Expenditure and Reform. The government further agreed to the preparation of a General Scheme for legislative reform based on the outcome of the Review.

Welcoming the government’s decision, Minister for Public Expenditure and Reform, Michael McGrath, said:

"We made a commitment in the 2020 Programme for Government to 'reform and consolidate the Ethics in Public Office legislation'. My department’s comprehensive Review of the Statutory Framework was the first step in delivering on this commitment.

"With the outcome of the review to inform it, the department can now start work immediately on a new General Scheme for legislation to overhaul and update the various obligations and structures that have been developed to uphold our standards in public life.

"The current statutory framework, which is now over twenty years old, is complex. Separate regimes are in place at national and local level, which can lead to a lack of clarity on what obligations apply. The system is paper based and inefficient. Significantly, recommendations of the Mahon and Moriarty Tribunals to strengthen disclosure requirements and management of conflicts of interest, issued over a decade ago, remain to be addressed. More recent developments nationally and internationally must also be taken account into account.

"In driving forward this reform process, my ultimate goal has been to achieve a fit-for-purpose, easy to understand and user-friendly ethical framework that contributes to the quality and efficacy of our public administration."

Notes

The Department of Public Expenditure and Reform’s Review of Ireland’s Statutory Framework for Standards in Public Office included the following elements:

a review of Ireland’s existing ethics legislative framework, including a reassessment of the 2015 Public Sector Standards Bill
a review of the recommendations of relevant tribunals of inquiry
a review of recommendations of the Standards in Public Office Commission (SIPO) based on its operation of the current regime – and consideration of ethical questions that have arisen since 2017
consultations with the Department of Housing, Planning and Local Government on the local government aspects of a consolidated statutory regime
a review of current EU/International best practice
a Public Consultation process

As part of the review process, the department also engaged directly with significant stakeholders including relevant government departments, the Attorney General's Office, the Standards in Public Office Commission and the Dáil and Seanad Committees on Members' Interests.

The Review's recommendations centre on five key themes:

the legislative framework for Ethics should be underpinned by a set of overarching integrity principles
new specific statutory prohibitions, including on the use of insider information
strengthening disclosures requirements to improve transparency and examining whether the regime should encompass more office holders
strengthening the Standards in Public Office Commission (SIPO)
any post term employment restrictions for elected officials/public servants should address matters not already covered by lobbying regulation and should align closely with that legislation

The Review report is being prepared for publication. It is expected to be published shortly.