The Public Offices Commission has drawn attention to a number of shortcomings in legislation dealing with ethics in government and in public life. And it has suggested that remedial action should be taken by the Government through the Standards in Public Office Bill which is at present before the Dail. In particular, it has expressed disquiet that a politician could accept an expensive gift or a large financial donation from a "friend" and fail to record it as a political contribution without breaching the letter of the law. There should be a specific requirement to register any such donations, Commissioner Kevin Murphy said, and limits should be placed on them.
There has been a history of successive governments watering down reform programmes dealing with ethics, funding and electoral reform. In that regard, although the Commission advised the Oireachtas all-party committee on Finance and the Public Service of the need for change in relation to gifts and donations from a "friend" more than 18 months ago, no action was taken in the current legislation. If that was an oversight, it should be rectified immediately. Publication of the Commission's annual report last week provided an opportunity to suggest legislative change while, at the same time, reassuring the public that significant reforms have already taken place and were being actively implemented. As the Moriarty and Flood tribunals continue their work, the Commission's belief is that Ireland is probably "a fair bit better" than a lot of countries in terms of corruption. But there was continuing cause for concern.
As for the new powers being granted to the Commission to undertake tribunal-style investigations under the Standards in Public Office Bill, the members were less than enthusiastic. The appointment of a judge to provide legal expertise was a welcome development. But given the adversarial, rather than investigative, nature of recent tribunal hearings, Mr Murphy felt the time demanded of Commissioners in a tribunal setting might be excessive.
Although the concepts have become hackneyed in recent years, "transparency" and "accountability" are regarded by the Commission as the key requirements in the protection of the public interest. "Any serious observer of the various scandals which have emerged over the last decade in Irish life, whether in the political arena, taxation, business and commercial life or in social and health matters, would undoubtedly find the connecting thread between them all as lack of transparency, resistance to openness and failures in accountability," it declared.
A code of conduct for all civil servants is at an advanced stage of preparation within the Department of Finance. This is likely to include guidelines on the interface between public and private enterprise, with a cooling off period being required before senior civil servants can transfer to the parallel positions in the private sector. It is all very positive and reassuring. As the State grows in wealth, so does the temptation to dip into the funds. Eternal vigilance, transparency and accountability is the way to go.