A majority of the members of the State's ethics watchdog, the Standards in Public Office Commission, believes that existing ethics laws make it too difficult to secure a conviction against errant office holders.
The commission is now to approach Taoiseach Bertie Ahern, following his criticism yesterday that it has failed to explain why it needs extra powers to launch ethics investigations into politicians. Under the existing law, the independent body, headed by former High Court judge, Mr Justice Matthew P Smith, can only begin an investigation after a formal complaint has been lodged.
Meanwhile, a significant number of the commission members now believe that politicians are increasingly bypassing election spending limits, The Irish Times reliably understands.
The commission wrote to the Department of Finance in June 2005 seeking amendments to the existing Ethics Act that lay down clear rules by which serving politicians, advisers or other office holders can be penalised.
Though the department promised that the commission's views would "be expeditiously considered", it has so far heard nothing further from the Minister for Finance, Brian Cowen, The Irish Times understands.
Under the 1995 and 2001 Ethics Acts, the right to complain is restricted.
Citizens can lodge complaints about the Taoiseach, the Tánaiste, Ministers and Ministers of State, but not about ordinary TDs. A TD can make complaints about the Attorney General if he or she is not a member of the Oireachtas, and about directors of State companies and special advisers, but not about other categories of people.
It is understood that the commission believes that the current standards set down in the Ethics Act 2001 are not sufficiently strict, or clear enough, to make it possible to secure convictions.
Under the Act, an office holder can be penalised for acts "inconsistent with the proper performance" of their office, or if they do something inconsistent "with the maintenance of confidence", or do anything which is of "significant public importance".
The commission is to meet in the coming weeks to discuss how it can get a hearing from the Government on its demand that it should be allowed to launch an investigation without needing a complaint to be made first.
The commission's other members, in addition to the chairman, are Comptroller and Auditor General John Purcell; Ombudsman Emily O'Reilly; Kieran Coughlan, Clerk of Dáil Éireann; Deirdre Lane, Clerk of Seanad Éireann; and the former minister for the environment, Liam Kavanagh.
In the Dáil yesterday, Mr Ahern said: "I cannot see a situation where a TD would be involved in a controversy but no one would make a complaint against him or her.
"We know what happens. If there is any controversy, people will send in letters. There would be no lack of such people among the public.
"If somebody is mentioned in a newspaper, should the commission investigate the matter? Where does it end?" he said to Labour leader Pat Rabbitte.
Mr Ahern added: "If I could put myself in the position of a member as distinct from Taoiseach for a minute, why would the commission want this power?
"Why would the commission want to pick on a member about whom no complaint has been made? What would the commission be examining?"
