Analysis: Public office ethics wathchdog Sipo cannot initiate inquiries

Viewers of RTÉ’s investigation of political lobbying may be surprised to learn that the Standards in Public Office Commission (Sipo), the statutory body responsible for compliance with ethics legislation, does not have the power to initiate investigations into county councillors.

However, the Government has published the heads of a Bill revising the ethics process for elected representatives. This is unlikely, though, to be passed during the remainder of the Government’s term and will be a matter for its successor.

If someone wants to make a complaint about a county councillor, the first port of call is to the ethics registrar of each county council.

The registrar changes every two years.

Councillors must provide a declaration of interest to the registrar every year, much in the same way that TDs have to make annual declarations.

If a member of the public makes a complaint to the registrar, it can then be referred to the county manager and the Cathaoirleach of the council. If they deem it appropriate, they can then refer the complaint to Sipo.

However, Sipo spokesman Paddy Walsh said this can only be done "once local procedures have been followed".

TDs and Senators must submit their annual declarations of interest to Sipo, but Mr Walsh said these are effectively rerouted to the clerks of the Dáil and the Seanad.

Investigations

If TDs and Senators have left anything off their annual declarations of interest, they can make supplementary additions. Complaints against TDs or Senators are made to the respective clerks of each house, and are then referred to the Committee on Members’ Interests for either the Dáil or the Seanad.

Following this step, they can then be referred back to Sipo, as happened in the case of former Fianna Fáil minister Ivor Callely’s mobile phone expenses.

Following its own investigations, Sipo can refer matters to the Director of Public Prosecutions (DPP).

Sipo can initiate its own investigations into office holders, such as Ministers, if it receives complaints. However, if no complaint is received, no investigation can be taken. “If we don’t get a complaint, the commission is not able to appoint its inquiry officer,” said Mr Walsh.

Mr Walsh accepted that, at present, Sipo is more of a reactive than proactive body.

“If the commission was given more powers to be proactive, it would be proactive,” Mr Walsh said. “If the commission was given powers to carry out audits, it would do so.”

However, Mr Walsh said the commission is bound by whatever legislation is in place, adding that it is not its place to ask for more powers.

Sipo polices a number of different laws. These include the Ethics Act, the Local Government Act and the Electoral Act.

Transparency

It also is called on to operate as a portal for transparency into the interests of public figures and State appointees. Declarations of interest, tax clearance certificates and election spending returns are all filed with Sipo.

However, the Public Sector Standards Bill, the heads of which were published earlier this year, provides for a more streamlined system under a new Public Sector Standards Commissioner who will be “be independent in the performance of their functions”.

It will handle the declarations of interest of all elected officials. “Their statements will be submitted to the commissioner and the public declarable interests will be published,” an explanatory note on the Bill says.

However, in one of the key changes of the Bill, the commissioner will be able to initiate his or her own investigations, even if a complaint is not made.