HAVING BEEN rebuffed in its attempt to secure special investigative powers for Oireachtas committees, there is a danger the Government may lose its appetite for reform.
Already, there is talk about deferring the establishment of a constitutional convention and, by implication, possible changes to the electoral system; the voting age; children’s rights; same sex marriages; a shortening of the presidential term and the proposed abolition of the Seanad. That would constitute a breach of trust with those voters who supported Fine Gael and the Labour Party in the election because of their extensive reform programmes.
A strong message was contained in the public’s rejection of the constitutional referendum. It amounted, however, to a demand for adequate consultation, clear explanations and a convincing justification for change, rather than a generalised resistance to reform. Later, Minister for Public Expenditure and Reform Brendan Howlin spoke about providing the public with adequate time to debate complicated questions while, at the same time, restoring confidence in politicians. That task will be complicated if the Government does not implement its reform programme.
The longer a government is in office, the less likely it is to embark on radical change. Vested interests and senior managers within and outside the public service advance compelling reasons for not upsetting the status quo; party political considerations intrude and ministers become bogged down in day-to-day work. That is why it is crucial for Taoiseach Enda Kenny and Tánaiste Eamon Gilmore to agree and publish specific details on the introduction and implementation of a reform programme, notwithstanding the ongoing economic and budgetary pressures.
Government Ministers know that public confidence in politicians cannot be divorced from effective, transparent and accountable administration. Their duty is to dispel the opaqueness that facilitated corruption, waste and bad planning in the past and to introduce structures that empower citizens while holding politicians and administrators to account. Much of this can be achieved through legislation. But constitutional change is also required.
For a start, constraints imposed on the Freedom of Information Act should be removed and Cabinet secrecy provisions modified. Changes in law that specify the separate responsibilities of ministers and senior civil servants are needed, as are mechanisms to clarify and measure policy initiatives. Similar disciplines are required for local authorities, for State and semi-State organisations to ensure improved accountability there. Appointment procedures should involve greater transparency and oversight. Just because a badly drafted amendment was rejected in a referendum, the Government should not throw a childish sulk and postpone political and administrative change. A constitutional convention should be established in the new year and its members should be requested to provide separate reports on major issues in order to speed up reform.